EAS

This will be the third nationwide test for WEA alerts to cellphones, but the second test to all WEA-compatible cellular devices. The test message will display in either English or in Spanish, depending on the language settings of the wireless handset. This will be the seventh nationwide EAS test. It begins today at approximately 2:20 p.m. ET.

A rather unusual spot appearing to be a Fox NFL promo aired during yesterday’s NFL pre-game show.  What made it particularly unusual was that it included an EAS-like tone, and had a URL at the bottom of the screen for “WWW.FOXNFLEMERGENCYALERT.COM.”  That URL currently links to a “Let’s Go Brandon” website that I don’t encourage you to visit because our own spam software blocks access to it on the stated grounds of “Risky-Sites.”

The FCC Enforcement Bureau has issued a $20,000 fine against ESPN for “willfully violating the commission’s rules that prohibit the transmission of false or deceptive emergency alert system” tones during a program. The FCC said the violation occurred during the airing of 30 for 30: Roll Tide/War Eagle on Oct. 20, 2020.

Broadcasters are telling the FCC that over-the-top video providers can’t be relied on to relay emergency alerts, saying that, at least currently, the technological challenges make it “extremely burdensome, and likely infeasible, to update the EAS system to enable alerts to consumers provided through the internet, including through streaming devices.”

Aug. 11 will be the date of the first national EAS test since before the pandemic began. Officials at the Federal Emergency Management Agency officially informed the FCC on May 4, that it plans its sixth national EAS test on that day. They also plan to conduct a nationwide Wireless Emergency Alert (WEA) test concurrently.

At its March 17 monthly Open Meeting, the FCC will consider a Notice of Proposed Rulemaking seeking to modify certain aspects of the Emergency Alert System used by many of those regulated by the FCC including broadcasters, cable companies and wireless communications devices such as mobile phones.  The FCC is reviewing these issues as required by the National Defense Authorization Act, passed by Congress at the end of 2020.

The Federal Emergency Management Association says it will not conduct a national test of the Integrated Public Alert and Warning System (IPAWS) via the broadcast Emergency Alert System and Wireless Emergency Alert system this year.

False EAS alerts have typically popped up in commercials as a way of getting jaded viewers’ and listeners’ attention, which makes them challenging to successfully defend. But what happens when the use of the alert tone is not in an ad, like in the case of its inclusion by CBS in an episode of Young Sheldon? The FCC is effectively claiming that CBS falsely yelled “fire” in a crowded theater, which is the well-established exception to First Amendment protections.  CBS, on the other hand, is countering that it only yelled “boogeyman,” and that any reasonable viewer isn’t going to panic, because the public knows the difference between real and fictional things.

The commission says the fine for an episode of Young Sheldon reinforces its rule that Emergency Alert System tones must only be used for real emergencies and authorized testing.

Unless it is delayed by a real national emergency, the Federal Emergency Management Agency and the FCC are on track to conduct a combined nationwide test of the Emergency Alert System on Wednesday, Aug. 7, at 2:20 p.m. ET.  For most participants, this year’s test will be disseminated only using the broadcast “daisy chain,” rather than through the internet-based Integrated Public Alert and Warning System.

The FCC earlier last week posted on its blog an article from the chief of its Public Safety and Homeland Security Bureau about state EAS plans, stressing how important these plans are to making sure that any emergency message conveyed through an EAS alert is properly transmitted to all who are supposed to receive it, so that it ultimately reaches the members of the public who should be aware of the emergency situation which triggered the alert.  The article contains a link to all of the state EAS plans that have been submitted to and approved by the FCC. Is your station doing what it’s supposed to be doing?

The Federal Emergency Management Agency has scheduled the next nationwide test of the Emergency Alert System for Aug. 7 at 2:20 p.m. FEMA says this year’s test will differ from the nationwide tests that have been conducted over the past several years in that it will be issued through the National Public Warning System, composed of FEMA-designated Primary Entry Point facilities, to test the readiness of the EAS to function in the absence of internet connectivity.

Lisa M. Fowlkes, chief of the FCC’s Public Safety and Homeland Security Bureau, says broadcasters play a vital role during emergencies and the public relies on them to stay informed, find resources and stay safe. “To continue fulfilling this important mission, broadcasters must ensure that their systems are secure and reliable. Here are some best practices to help.”

The Federal Emergency Management Agency, in coordination with the FCC, announced Monday morning that the National Emergency Alert System and Wireless Emergency Alerts tests scheduled for this Thursday, Sept. 20, have been postponed due to “ongoing response efforts to Hurricane Florence.”

The FCC and FEMA have established Sept. 20 as the date for the next nationwide test of the Emergency Alert System.  The nationwide test is designed to study the effectiveness of the EAS and to monitor the performance of EAS participants.  The Wireless Emergency Alert system will be tested immediately prior to the test of the EAS.  While the test itself is a month away, all EAS participants must file their Form One with the FCC by Aug. 27 in preparation for the test.