FCC Seeks to Modernize the Emergency Alert System

The FCC is scheduled to vote later this month on a draft Report and Order and Further Notice of Proposed Rulemaking that would modernize the country's Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA).

The FCC launched a reexamination of the nation's EAS and WEA alerting systems in 2025 to explore ways to make them more effective, efficient, and better able to serve the public by leveraging the latest technology and not subjecting licensees to archaic regulatory requirements.

One big change contained in the proposed new rules - the FCC would allow the implementation of EAS capabilities via software instead of hardware. There are other facets of the FCC's proposed alerting rules that would directly impact broadcasters.

"The draft Report and Order seeks to improve EAS cybersecurity by requiring EAS Participants, including broadcasters, to take certain actions to secure their EAS equipment, studio transmitter links, and any remotely managed equipment used for routing, processing, or inserting content into their programming streams," said David Oxenford, an attorney TAB Associate member law firm Wilkinson Barker Knauer.

"These actions include: before operations, EAS participants must change all default passwords, use strong passwords, and change passwords if an EAS participant believes that the password has been comprised; test and install security patches and security-related software and firmware upgrades promptly after those patches or upgrades are available; and use a network firewall or comparable network segmentation practice to limit remote access to authorized devices and users."

Among other notable changes proposed by the FCC:

• Require the authentication of all alerts before they are transmitted
• Establish a universal alert identification number to improve the detection and blocking of duplicate alerts and ensure that WEAs are consistently sent to members of the public who newly enter an alert's delivery area until the emergency ends
• Eliminate outdated WEA geotargeting exceptions that often cause alerts to be received in the wrong locations and expand geotargeting options for EAS
• Require EAS and WEA to display symbols that match the type of emergency involved to improve the ability of earthquake alerts, for example, to grab the public's attention

If adopted at the FCC's June 25 meeting, broadcasters and other EAS participants would be required to comply with 60 days of the new rules' publication in the Federal Register.

Questions? Contact TAB's Michael Schneider or call (512) 322-9944.