Federal Communications Commission DA 22-901 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Wireless Emergency Alert Performance Testing Wireless Emergency Alerts Amendments to Part 11 of the Commission’s Rules Regarding the Emergency Alert System ) ) ) ) ) ) ) ) PS Docket No. 22-160 PS Docket No. 15-91 PS Docket No. 15-94 ORDER Adopted: August 30, 2022 Released: August 30, 2022 By the Chief, Public Safety and Homeland Security Bureau: I. INTRODUCTION 1. In this Order, the Public Safety and Homeland Security Bureau (PSHSB) of the Federal Communications Commission’s (Commission) grants a waiver of the Commission’s rules, on its own initiative, to permit Participating Commercial Mobile Service (CMS) Providers to participate in a planned end-to-end Wireless Emergency Alert (WEA) test initiative. Participating CMS Providers are commercial mobile service providers that have elected voluntarily to transmit WEA alert messages. 47 CFR §§ 10.10(d), (f); see also FCC, Master WEA Registry, https://www.fcc.gov/files/weamasterregistry112019xls (last visited Aug. 11, 2022) (providing the Commission’s account of all Participating CMS Providers). Promoting the effectiveness of the nation’s emergency alerting systems is an important priority for the Commission and granting this waiver will enable PSHSB, in partnership with 42 alert originators, A list of the alert originators who have entered into partnership agreements with PSHSB is set forth in the Appendix (hereinafter referred to as PSHSB’s 2022 WEA Performance Exercise Partners). to gather critical data regarding WEA performance from geographically targeted areas across the United States. 2. Based on the unique circumstances presented here, as discussed below, we find that waiver of the Commission’s rules would serve the public interest. Accordingly, PSHSB’s 2022 WEA Performance Exercise Partners may send WEA test messages using the Public Safety Message alert category, which would be transmitted to all members of the public with WEA-capable devices and who have not opted out from receiving WEA messages, 47 CFR § 10.400(d). consistent with their assigned test schedules and geographic areas as set forth in the Appendix. II. BACKGROUND 3. WEA allows authorized government entities to send geographically-targeted emergency alerts to commercial wireless subscribers who have WEA-capable mobile devices and whose commercial mobile service providers are Participating CMS Providers. Commercial Mobile Alert System, PS Docket No. 07-287, Third Report and Order, 23 FCC Rcd 12561, 12575, para. 32 (2008) (stating the requirements for wireless providers volunteering to participate in WEA). The Commission’s rules prohibit use of the WEA Attention Signal except during actual emergencies, authorized tests, and certain public service announcements. 47 CFR § 10.520(d). The Attention Signal is a loud, attention-grabbing, two-tone audio signal that uses frequencies and sounds identical to the attention signal used by the EAS. Compare 47 CFR § 10.520 with 47 CFR § 11.31(a)(2). The Commission’s rules allow WEA end-to-end tests that reach the public only when the test is conducted using the State/Local WEA Test category, which is only delivered to consumers who have affirmatively opted in to receive them. 47 CFR § 10.350. Specifically, the Commission’s rules require Participating CMS Providers to participate in monthly tests initiated by the Federal Emergency Management Agency and in periodic tests of WEA’s C-Interface. Id. On November 1, 2016, the Commission adopted a Report and Order that amended the WEA testing rules to permit emergency managers to conduct end-to-end WEA tests to the public to assess how WEA is working within their jurisdictions. See Wireless Emergency Alerts; Amendments to Part 11 of the Commission’s Rules Regarding the Emergency Alert System, Report and Order and Further Notice of Proposed Rulemaking, 31 FCC Rcd 11112, 11154-57, paras. 65-68 (2016) (WEA R&O). 4. In 2021, PSHSB, in conjunction with eleven testing partners and the Federal Emergency Management Agency (FEMA), gathered data regarding WEA’s performance during a nationwide activation. See Report: August 11, 2021 Nationwide WEA Test, Wireless Emergency Alerts, PS Docket No. 15-91, Report, at 1 (PSHSB, Dec. 31, 2021), https://docs.fcc.gov/public/attachments/DOC-378907A1.pdf. While PSHSB found that WEA generally performed reliably on the whole, based on this data, PSHSB observed there was room for improvement. See id. PSHSB committed to examine why roughly 10% of mobile devices reported not receiving the nationwide WEA test and why 32% of mobile devices reported receiving a duplicate test message. See id. at 26. Further, because the 2021 WEA test was delivered nationwide, PSHSB’s ability to assess WEA’s performance was limited. PSHSB was unable to gather data regarding Participating CMS Providers’ ability to deliver WEA messages accurately to a geographically targeted area. 47 CFR § 10.450(a); see also Wireless Emergency Alerts, Amendments to Part 11 of the Commission’s Rules Regarding the Emergency Alert System, PS Docket No. 15-91, PS Docket No. 15-94, Second Report and Order and Second Order on Reconsideration, 33 FCC Rcd 1320, 1325 (2018) (“Geo-fencing allows mobile devices to compare their current location to the target area specified by the alert originator and to display the Alert Message only if it is located within the target area.”). PSHSB committed to continue to work with FEMA to improve WEA testing in this regard. See Report: August 11, 2021 Nationwide WEA Test, Wireless Emergency Alerts, PS Docket No. 15-91, Report, at 25 (PSHSB, Dec. 31, 2021), https://docs.fcc.gov/public/attachments/DOC-378907A1.pdf. 5. On April 21, 2022, PSHSB issued a Public Notice eliciting interest from alert originators to conduct a localized, end-to-end WEA performance exercise with enhanced WEA-geotargeting enabled. Public Safety and Homeland Security Bureau Seeks Partners to Help with WEA Performance Testing, Public Notice, PS Docket No. 22-160, DA 22-445 (April 21, 2022). Over 60 entities from 24 states responded to the Public Notice. See PS Docket No. 22-160. III. DISCUSSION 6. A provision of the Commission’s rules “may be waived by the Commission on its own motion or on petition if good cause therefor is shown.” 47 CFR § 1.3. The Commission may find good cause to extend a waiver, “if special circumstances warrant a deviation from the general rule and such deviation will serve the public interest.” See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), aff’d, 459 F.2d 1203 (1973), cert. denied, 409 U.S. 1027 (1972)). Based on the circumstances in this case, we find good cause exists to grant waivers of the Commission’s rules to allow PSHSB’s 2022 WEA Performance Exercise Partners to conduct WEA tests using the Public Safety Message category, consistent with their assigned test schedules and geographic areas as set forth in the Appendix. 7. Since its launch one decade ago, WEA has become an essential part of America’s emergency preparedness. WEA has been used more than 70,000 times to warn the public about dangerous weather, missing children, and other critical situations – through alerts on compatible cell phones and other mobile devices. See Federal Emergency Management Agency, FEMA Celebrates 10th Anniversary of Wireless Emergency Alerts on Integrated Public Alert and Warning System (June 7, 2022), https://www.fema.gov/press-release/20220607/fema-celebrates-10th-anniversary-wireless-emergency-alerts-integrated-public. As the Commission observed earlier this year, “gaining visibility into WEA’s key performance indicators and developing a shared understanding among emergency management agencies and the public regarding the system’s capabilities will help promote its use and improvement.” See Wireless Emergency Alerts, Amendments to Part 11 of the Commission’s Rules Regarding the Emergency Alert System, PS Docket No. 15-91, PS Docket No. 15-94, Further Notice of Proposed Rulemaking, FCC 22-31, para. 2 (2018). This large-scale WEA test initiative will provide PSHSB with critical information regarding WEA performance. PSHSB’s 2022 WEA Performance Exercise Partners will conduct public surveys to gather and share with PSHSB data regarding WEA performance in their respective locations. PSHSB has executed a Memorandum of Understanding with each of PSHSB’s 2022 WEA Performance Exercise Partners that requires PSHSB’s 2022 WEA Performance Exercise Partners to conduct this test pursuant to certain terms and conditions, including that survey information be collected and shared in a manner consistent with customers’ expectations of privacy, confidentiality of Participating CMS Providers’ network information, and the overall security of the WEA systems and infrastructure. See 47 U.S.C. § 222. By using the Public Safety Message category – an alert category that emergency managers may choose to provide important information during an actual emergency – this test initiative will mirror, as closely as possible, a real-world test activation. PSHSB will analyze this information to understand how WEA works across the country and assess whether, and if so, what measures it might recommend to the Commission or to stakeholders to help make WEA more effective. Specifically, PSHSB will analyze this data and attempt to determine: (1) the proportion of the public that receives WEA messages; (2) how quickly customers receive WEA messages; and (3) the proportion of WEA recipients that receive the alert while located outside of the targeted geographic area, all under actual-use conditions. See 47 CFR § 10.450 (“A Participating CMS Provider is considered to have matched the target area when they deliver an Alert Message to 100 percent of the target area with no more than 0.1 of a mile of overshoot.”). 8. This information regarding WEA’s performance will help address a gap in alert originators’ understanding of WEA’s end-to-end performance. PSHSB has received reports that emergency management agencies are declining to use WEA in situations where it could save lives because they lack information about, and confidence in, how WEA works in practice. See, e.g., Shannon Najmabadi, First Phone Alert for the Marshall Fire Sent 42 Minutes After I Started—And Only to 215 Contacts, Colorado Sun (Jan. 6, 2022), https://coloradosun.com/2022/01/06/marshall-fire-evacuation-911/ (stating that Boulder County’s Office of Emergency Management had not completed their authorizations to use WEA in part because of concerns about the accuracy of WEA geotargeting); Utah Discontinues Wireless Emergency Alerts at State Lines (Apr. 13, 2020), https://coronavirus.utah.gov/utah-discontinues-wireless-emergency-alerts-at-state-lines/ (stating that the Utah Division of Emergency Management discontinued the use of WEA for COVID-19 messaging near state lines because of geographic overshoot); E-mail from Simone Ramel McKay, Program Manager, Spokane County Emergency Management, to Nicole McGinnis, Deputy Chief, Public Safety and Homeland Security Bureau, FCC (Aug. 9, 2021) (on file with author) (expressing concern about the accuracy of WEA geo-targeting) During the Marshall fire in Boulder, CO, for example, the WEA system was not used due to “concerns about its reliability and delivery.” See ; Letter from Senators John Hickenlooper and Michael F. Bennet to Jessica Rosenworcel, Chairwoman, FCC (April 20, 2022) (Sens. Hickenlooper/Bennet Letter). Many Boulder residents “did not receive any timely emergency alert to evacuate from the blaze.” See Sens. Hickenlooper/Bennet Letter. 9. We believe that granting a waiver to permit PSHSB’s 2022 WEA Test Partners to conduct an end-to-end test using the Public Safety Test message category will help PSHSB assess WEA’s readiness and effectiveness as a public warning system in diverse areas across the nation and will help provide needed understanding of WEA’s capabilities among emergency managers. Accordingly, based on the totality of the circumstances, we grant PSHSB’s 2022 WEA Test Partners waivers of the Commission’s rules to the extent described herein. This waiver is limited in scope to WEA activations by PSHSB’s 2022 WEA Performance Exercise Partners in the geographic areas and on the specific dates and times described in the attached Appendix. 10. We condition this waiver on PSHSB’s 2022 WEA Test Participants taking all appropriate steps to promote public awareness of, and participation in, these tests, including coordination with relevant state and local emergency authorities and first responder organizations such as Public Safety Answering Points, police, and fire agencies. The proposed tests would not be in the public interest if they were presented in a manner that could lead the public to conclude that an actual alert is being transmitted, or would otherwise confuse the public. For example, transmitting a WEA test message without first informing emergency responders, such as 911 call centers, and the public about the test, could predictably result in confusion or panic. 11. We further condition this waiver on the use of a test alert that contains the following content, which is appropriate for both a 90- and 360-character maximum message: In order to simplify the content of the test alert, this text must be used in place of the text provided in paragraph 9 of the MOU entered into with the 2022 WEA Performance Partners. TEST. Go to https://www.fcc.gov/wea to provide feedback on your receipt of this test. PSHSB’s 2022 WEA Performance Exercise Partners may also initiate a Spanish-language version of the test alert that contains the following text, which is appropriate for both a 90- and 360-character maximum message: PRUEBA. Vaya a https://www.fcc.gov/wea-es y evalue la recepcion de esta prueba. IV. ORDERING CLAUSE 12. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and section 1.3 of the Commission’s rules, 47 CFR § 1.3, sections 10.400, 10.520(d), 10.530(b), and 11.45 of the Commission’s rules, 47 CFR §§ 10.400, 10.520(d), 10.530(b), and 11.45, ARE WAIVED, to allow PSHSB’s 2022 WEA Performance Exercise Partners to conduct a WEA test targeting the geographic areas described in the attached Appendix at the specific dates and times also described in the attached Appendix, pursuant to the terms of this Order. 13. This action is taken under delegated authority pursuant to sections 0.191 and 0.392 of the Commission’s rules, 47 CFR §§ 0.191 and 0.392. FEDERAL COMMUNICATIONS COMMISSION Debra Jordan Chief Public Safety and Homeland Security Bureau Federal Communications Commission APPENDIX PSHSB 2022 WEA Performance Exercise Partners’ Assigned Target Test Areas, Test Dates and Times, and Alternate Test Dates and Times Entity State Target Test Area Description/Coordinates and radius Date of test Time of Test EDT Alternate Date of Test Alternate Time of Test EDT Calhoun County Consolidated Dispatch Authority MI 42.27044289681982, -84.96372199758792, 0.4 mile radius 9/12/2022 10:00 AM 9/19/2022 10:00 AM Fairfax County Department of Emergency Management and Security VA 38.847672/-77.375328, 0.4 mile radius 9/12/2022 10:00 AM 9/19/2022 10:00 AM South Carolina Emergency Management Division SC 34.2979 N, 81.3159 W, 2.0 mile radius 9/12/2022 10:00 AM 9/19/2022 10:00 AM McDonough County IL 40.46500, -90.6857, 0.4 mile radius 9/12/2022 11:00 AM 9/19/2022 11:00 AM Oklahoma Department of Emergency Management and Homeland Security on behalf of the City of Woodward OK 36.433644 -99.390577, 0.69 mile radius 9/12/2022 11:00 AM 9/19/2022 11:00 AM Treasure County MT 46.2910190°N 107.2293613°W, 0.691 mile radius 9/12/2022 12:00 PM 9/19/2022 12:00 PM Summit County, Colorado Office of Emergency Management CO 39°37'43"N 106°04'08"W; 0.691 mile radius 9/12/2022 12:00 PM 9/19/2022 12:00 PM Adams County Emergency Management WA 46.54.38 N, 118.05.59 W, 0.69 mile radius 9/12/2022 1:00 PM 9/19/2022 1:00 PM KITTCOM (Kittitas County 9-1-1) WA 47.24116743936795, -121.0380067013023, 0.69 mile radius 9/12/2022 1:00 PM 9/19/2022 1:00 PM County of Orange CA 33.42.31N 117.38.05 W, 0.69 mile radius 9/12/2022 1:00 PM 9/19/2022 1:00 PM County of Berrien, Michigan, Sheriff's Office Emergency Management and Homeland Security Division MI 42°06'32.84"N, 86°28'30.474"W 0.69 mile radius 9/12/2022 3:00 PM 9/19/2022 3:00 PM Cambria County Department of Emergency Services PA 40.663357, -78.780907, 0.4 mile radius 9/12/2022 3:00 PM 9/19/2022 3:00 PM Flagler County, through its Emergency Management Office FL 29.4705160 N 81.2441360 W 0.39894228 mile radius 9/12/2022 3:00 PM 9/19/2022 3:00 PM Oconee County Emergency Management Agency GA 33 49 24N 83 26 21 W, 0.4 mile radius 9/12/2022 3:00 PM 9/19/2022 3:00 PM Kitsap County Department of Emergency Management WA 47 30 0.348 N 122 46 28.55 W 0.4 mile radius 9/12/2022 4:00 PM 9/19/2022 4:00 PM Sedgwick County Emergency Management KS 37.68608908534184, -97.33429541233347; 37.69341322571496, -97.33431058519848; 37.69334118851247, -97.3434901685172; 37.68595700403985, -97.34312601975743 9/12/2022 4:00 PM 9/19/2022 4:00 PM Combined Regional Communications Authority (CRCA) CO 38.435876, -105.242220, 0.4 mile radius 9/12/2022 5:00 PM 9/19/2022 5:00 PM California Governor’s Office of Emergency Services CA 38.570223 -121.305273, 0.4 mile radius 9/12/2022 6:00 PM 9/19/2022 6:00 PM City of Chula Vista CA 32.639560, -117.083624, 0.7 mile radius 9/12/2022 6:00 PM 9/19/2022 6:00 PM Thurston County WA 47.057194, -122.701034, 0.69 mile radius 9/12/2022 6:00 PM 9/19/2022 6:00 PM Delaware County Office of Homeland Security and Emergency Management OH 40.413876 N -82.9730713 W; 40.4140424 N -82.9516946 W; 40.4028675 N -82.951731 W; 40.4029229 N -82.9732169W 9/13/2022 10:00 AM 9/20/2022 10:00 AM Gilmer, County Public Safety GA Lat 34.655723 Long -84.542001 1.5 mile radius 9/13/2022 10:00 AM 9/20/2022 10:00 AM Pennsylvania Emergency Management Agency PA 40.33054 -76.86236, 0.4 mile radius 9/13/2022 10:00 AM 9/20/2022 10:00 AM Suffolk County Fire Rescue NY (-)73:16:08.5097, 40:47:49.7189, 0.25 mile radius 9/13/2022 10:00 AM 9/20/2022 10:00 AM Oklahoma Department of Emergency Management and Homeland Security on behalf of Beckham County OK 35.214541 -99.866651, 0.69 mile radius 9/13/2022 11:00 AM 9/20/2022 11:00 AM Bannock County Sherriff's Office ID 42.796880 (lat), -112.249752, 0.69 mile radius 9/13/2022 12:00 PM 9/20/2022 12:00 PM Pitkin County Regional Emergency Dispatch Center CO 39.190445N; 106.817109W 0.69 mile radius 9/13/2022 12:00 PM 9/20/2022 12:00 PM Sheridan County Emergency Management WY 44.795040, -106.956575, 0.69 mile radius 9/13/2022 12:00 PM 9/20/2022 12:00 PM Butte County CA 39.29.17.7 N, 121.28.47.8 W, 0.69 mile radius 9/13/2022 1:00 PM 9/20/2022 1:00 PM City of Laguna Beach CA 33 32 43 N 117 46 51 W, 0.4 mile radius 9/13/2022 1:00 PM 9/20/2022 1:00 PM Pierce County WA 47 13 44.29 122 28 13.35 0.4 mile radius 9/13/2022 1:00 PM 9/20/2022 1:00 PM Charlotte-Mecklenburg Emergency Management NC 35.23757, -80.8404 35.23447, -80.8329 35.24934, -80.8284 35.24972, -80.8369 9/13/2022 3:00 PM 9/20/2022 3:00 PM Chester County Department of Emergency Services PA 39.96033206971193, -75.5838555892012, 0.4 mile radius 9/13/2022 3:00 PM 9/20/2022 3:00 PM Marion County Sheriff's Office FL 29.288450 -82.172569, 0.69 mile radius 9/13/2022 3:00 PM 9/20/2022 3:00 PM City of Norfolk, Emergency Preparedness and Response VA 36.832250 -76.280150, 0.4 mile radius 9/13/2022 3:00 PM 9/20/2022 3:00 PM City of Chicago Office of Emergency Management and Communications (OEMC) IL 41.889130/ -87.640038; 41.889792/ -87.623937; 41.880785/ -87.624164; 41.880548/ -87.639742 9/13/2022 4:00 PM 9/20/2022 4:00 PM State of Idaho Office of Emergency Management ID 43.65970 N, -116.32702, 0.4 mile radius 9/13/2022 5:00 PM 9/20/2022 5:00 PM Jefferson County Communications Center Authority CO 39.30.2554N, 105.21.8510W; 39.30.2609N, 105.20.6070W; 39.29.2965N, 105.20.6000W; 39.29.2913N, 1 05.21.8442W 9/13/2022 5:00 PM 9/20/2022 5:00 PM County of San Diego Office of Emergency Services CA 33.0841536850, -116.6149022264; 33.0842234033, -116.5904167467; 33.0732299350, -1165903741163; 33.0731602255, -116.6148565298; 33.0841536850, -116.6149022264 9/13/2022 6:00 PM 9/20/2022 6:00 PM King County Office of Emergency Managment WA 47.445514 N, 122.154151 W, WGS84 datum, 0.4 mile radius 9/13/2022 6:00 PM 9/20/2022 6:00 PM Sutter County Office of Emergency Management CA 39.09.04.66 N 121.39.19.71 W; 39.08.43.74 N 121.38.06.41 W; 39.08.31.06 N 121.38.04.84 W; 39.08.29.81 N 121.39.19.32 W 9/13/2022 6:00 PM 9/20/2022 6:00 PM Grundy County Emergency Management Agency, Illinois IL 41.37090799, -88.43298453, 0.69 mile radius 9/13/2022 11:00AM 9/20/2022 11:00AM 2