This post is the last in a 5-part series of reports on the contents of the FCC Fifth Report and Order released on January 10, 2012, which amends the Emergency Alert System (EAS) rules to accommodate Common Alerting Protocol (CAP) messages.

Stop by the EAS Category on the AWARE Forum for previous posts in this series on the new CAP EAS rules introduced in the Report and Order (R&O). In this final look at the R&O, we will detail the various items that FCC declined to make a decision on at this point. In addition, the Commission made several interesting statements regarding their apparent view on legacy EAS going forward. [xxx] below denotes the R&O paragraph which discusses the noted language. Also below, the use of the word “SAME” means Specific Area Message Encoding, the technical name for the legacy EAS protocol originally coined by the National Weather Service.

The FCC has deferred a number of decisions until after the completion of their review of the Nationwide EAS Test data. As detailed in the preceding Part 4 of this series dealing with SECC issues, two of those deferred decisions address revision or elimination of the FCC Mapbook and any new rules on State EAS Plans and SECC authority and responsibilities. [119 and 274] Other decisions deferred until after the test results are fully analyzed include: adding a new National EAS Location Code (000000 has been suggested) [Footnote 496], whether manual operation of EAS equipment should be allowed for processing the EAN [202], if the EAS Operating Handbook should be eliminated [210], deletion of Section 11.16 of the EAS rules addressing National Control Point Procedures [227], response to a commenter on a request that translators and satellite stations no longer be exempted from having EAS equipment so that they may carry State and local alerts [268], and finally considering comments whether there should be changes to the current Required Weekly Test (RWT) and Required Monthly Test (RMT) rules. [277]

The FCC had some forward-looking statements. Regarding future equipment modifications, it considers its current rules as adequate noting that revisions to EAS Event Codes, Originator Codes or Location Codes are permissive changes. With respect to revisions to the CAP-related standards, FCC notes it is incorporating by reference the version of the standards adopted by FEMA. FCC states, “Thus, any future revisions that may be made to these standards could not become effective in the Part 11 rules absent a rulemaking proceeding.” [180]

Lastly, the Commission makes numerous references to the future of legacy EAS, giving the impression they see SAME eventually going away. FCC states Next Generation EAS is being deployed “at least initially, in parallel to the legacy EAS” [16], and “we tentatively concluded… for the time being, we should… maintain the existing legacy EAS, including utilization of the SAME protocol” [18], and they call that policy “the transitional approach” [26, 27 and numerous other mentions]. However, they reject a commenter’s request to impose a “sunset date” on legacy EAS [29]. The really telling language the FCC used in its description of its outlook on the future of legacy EAS is its new phrase, “CAP-in, SAME-out transitional approach we adopt here”. [30] So the Commission definitely appears to see a world without SAME, but opted not to put a timeline on reaching that milestone.

To read the R&O use this link.

Check back to AWARE for updates on the new FCC CAP EAS rules, including any Petitions for Reconsideration asking the Commission to modify these “final rules”, as well as the FCC’s eventual revisit to the deferred decisions in the R&O once the Nationwide EAS Test results are fully reviewed.