FCC Announces Effective Date of EAS and WEA R&O Provisions

On June 6, 2022, the FCC published in the Federal Register Notice that OMB had approved 47 C.F.R. § 10.11(b), which requires CMS Providers that participate in Wireless Emergency Alerts to update their “Presidential Alert” headers in their WEA alerts and mobile device settings menus to read “National Alert.” The Notice announces that the provision is effective June 6, 2022 and compliance is required by July 31, 2022.   The requirement was adopted in the FCC’s June 2021 Report and Order implementing the National Defense Authorization Act for FY 2021, which required the FCC to adopt rules improving the efficacy of the nation’s various emergency alert systems.

In addition, the notice announced that the provision encouraging FEMA, or state, local, Tribal, or territorial governments to alert the FCC in the event that a false WEA alert is transmitted is also effective today.  The FCC also published a Second Notice announcing that several provisions related to the Emergency Alert System, which were also adopted in the Report and Order, were also effective today.

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