The Consumer Technology Association told the Federal Communications Commission last week that it believes the current Emergency Alert System is highly effective and, if expanded, could create more problems than it solves.
The association’s comments were in response to an NPRM issued by the commission last month in which it said it would explore whether fundamental changes to the Emergency Alert System—which provides emergency alerts to the public via radio, television, satellite and cable systems, and Wireless Emergency Alerts—which provide emergency alerts to supported mobile devices—would make them more effective, efficient, and better able to serve the public’s needs
The CTA told the commission that while it appreciated its efforts towards reassessing the state of emergency alerting in the U.S., adding more regulations to current rules would be expensive and time-consuming.
“Expanding EAS and WEA beyond the media and devices they reach now would require overcoming resource-intensive and complicated technical hurdles, while duplicating the alerting that the public already receives,” the CTA said in its filing. “Because the public safety community has expressed concern with alert fatigue, avoiding unintended consequences also requires the careful evaluation of any new requirements and guidelines.”
With nearly all Americans (98% as of 2024) owning a cellphone, CTA said the current system works well.
“The integration of wireless phones into consumers’ lives means that the shift in behavior from traditional television and radio to online media and connected devices does not frustrate the alerting ‘systems’ objectives of widespread public notification about emergencies,” the association told the FCC.
The CTA added that “most Americans receive emergency and public safety information through WEA to mobile devices, not terrestrial radio or broadcast television.”
When a combined WEA-EAS test was conducted in October 2023, the association conducted a survey to determine how Americans received the emergency alerts, and found that approximately 245 million U.S. adults (95%) received or heard the emergency alert via their phone. Specifically, 92% of U.S. adults (approximately 237 million) indicated they received the alert through their smartphone.
“The results of this survey illustrate the ubiquity of cellphones and smartphones and the effectiveness of the WEA system in reaching device users,” the CTA said.
Even when watching TV or listening to the radio, consumers usually have their mobile devices close by, CTA added.
“Consistent with CTA’s 2023 nationwide test survey findings, other data also indicate that most people watch television while engaging with a second screen such as a phone or tablet,” CTA said. “Thus, even if a person streams television content or other forms of entertainment not capable of receiving EAS, WEA could still successfully notify the individual of an emergency using a nearby cellphone or cellular-connected/paired wearable.”
Although the CTA all but dismissed broadcast alerts as obsolete, it did admit that because the current EAS model is built on broadcast-based architecture, adding new rules would cause technical barriers because most OTT services stream content on-demand and not live.
“Over-the-top (OTT) streaming and other internet services are different in fundamental ways from broadcast technologies, creating challenges to the technical feasibility of using such services to transmit EAS alerts," CTA said. "Many OTT services cannot broadcast real-time content, limiting their ability to transmit real-time alerts, or only allowing them to do so on a limited basis.
“These OTT services are more accurately described as on-demand file services with content on the edge of networks or in content delivery networks,” the CTA added. “Such services are not designed to broadcast real-time or near-real-time content like EAS alerts,“ the consumer electronics trade group continued. “Effectively transmitting internet alerts would also require gathering, analyzing, targeting and parsing location information beyond the current EAS capabilities. Many streaming services and internet-connected devices do not have or are not designed to transmit content based on location in the way that EAS alerts require. EAS participants and relay stations directly transmit to a specific geographic area based on the location of the participants and relevant stations, such as the relevant state or locality. Many internet-connected devices, in contrast, do not readily identify their location beyond country or world region.”
The fragmented nature of viewing SVOD services on multiple devices is another technical hurdle, CTA said.
“Multiple users on the same account in more than one location can often use a streaming service simultaneously, complicating the targeting of local and state alerts,” the association said. “Using a service in multiple, disparate locations presents a challenge to the precise location targeting of the vast majority of alerts, such as during hurricanes and other weather events.”
Unlike broadcast, which uses standards such as ATSC 1.0 or 3.0 that ensure compatibility, streaming devices do not, CTA said, adding another technical burden.
“Ensuring interoperability among the different streaming technologies and EAS is another obstacle to technical feasibility,” CTA said. “Streaming companies do not have a 'core technology' to use to transmit EAS alerts, unlike traditional ATSC 1.0 broadcasting or the Advanced Emergency Alert in ATSC 3.0. The large variety of internet-capable end-user devices provides an additional challenge for ensuring compatibility with a uniform format for EAS transmissions.”
The association suggested that the FCC may have bitten off more than it could chew in the current notice of proposed rulemaking.
“Given the high-level nature of the inquiries in the NPRM, CTA anticipates that a Further Notice of Proposed Rulemaking would be appropriate to allow industry and other stakeholders to evaluate and comment on any specific new requirements and identify implementation challenges,” the association said. “If the Commission develops new proposals, CTA urges the Commission to refrain from proposing any user interface or equipment mandates, which risk both exceeding the FCC’s legal authority and stifling innovation by locking in regulator-dictated design choices. In addition, any new rules should provide a sufficient implementation period, as well as provide for waivers, including class waivers, where appropriate.”
