WEC’s Policy Recommendations Inform Final Rule

Comments filed by the Wireless RERC’s Wireless Emergency Communications (WEC) project in the First  Report & Order and  Further Notice of Proposed Rulemaking In the Matter of the Commercial Mobile Alert System (CMAS 1^st R&O and FNPRM) [PS. Docket No. 07-287] were included in the CMAS 3^rd R&O and helped to inform the final rules adopted on August 7, 2008.  The Wireless RERC recommended the use of audio and video formats, as well as large print and Braille when notifying existing and new subscribers of the commercial mobile service (CMS) providers’ choice to opt-out (in part or in whole) of CMAS participation to ensure that people with sensory disabilities would have equal access to the notifications.  While the final rule leaves it up to the discretion of the CMS provider as to how they will accommodate notifying people with sensory disabilities, it clearly states that “clear and conspicuous” notification should take into account the needs of this population.[1]  The CMSAAC recommendation for subscriber opting out of “all messages”, “all severe messages”, and “Amber alerts”, seems reasonable.  However, WEC recommended that CMS providers make it clear to the subscriber what opting out means - that they will not, as an example, receive tornado warnings.  The final rule states that CMS providers “shall provide their subscribers with a clear indication of what each option means, and provide examples of the types of messages the customer may not receive as a result of opting out.[2]”  Additionally, the Wireless RERC asserted that in order to encourage CMS provider participation, the Commission should consider ways to offset CMS provider expenses incurred when developing and deploying CMAS to the public.  While the Order does not provide a particular method for cost recovery, it clarifies that though CMS providers can not charge subscribers for CMAS on an alert-by-alert basis, they can choose to recover costs in overall service rate plans.[3]  WEC was the only commenter specifically filing on behalf of people with disabilities for the inclusion of accessibility provisions in CMAS.  The initial Commercial Mobile Alert Advisory Committee recommendations were drafted in consultation with representatives from the disability community, namely, Marcia Brooks of the WGBH National Center for Accessible Media. 

The CMAS 3^rd R&O can be accessed at [http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-184A1.pdf]. 

WEC’s filed comments can be accessed at [http://fjallfoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6519839358]