The FCC is poised to use its February 27, 2025, meeting to address one of the most annoying aspects of owning a mobile phone, the loud screech of an emergency alert. Yes, these alerts are important, but people are opting out from receiving them because they are loud and distracting, especially while driving. To address this, the Commission is set approve a Seventh Report and Order (Report and Order) and Eleventh Further Notice of Proposed Rulemaking (Notice) in Docket 15-91 to make these alerts more user-friendly. Just to be clear, these are the emergency alerts sent out by wireless carriers to alert the public of bad weather, missing children, or active shooters in the area. As the Commission explains,
Wireless Emergency Alert (WEA) messages trigger a distinctive audio attention signal and vibration cadence to notify consumers that a device has received an alert. This can sometimes be unexpected and jarring, causing some consumers to experience alert fatigue and opt out of receiving future WEA messages. The [Report and Order] would reduce alert fatigue and consumer opt-out from WEA by requiring wireless providers participating in WEA to support the ability of alert originators to send silent alerts. The Report and Order also adopts new definitions of “mobile device” and “WEA-capable mobile device” for purposes of WEA, which will allow consumers to be confident that they are informed about the WEA capabilities of the devices they purchase. (FCC Fact Sheet, Wireless Emergency Alerts).
Report and Order
In the Report and Order, the Commission.
1. Empowers alert originators by requiring wireless providers participating in WEA to support WEA messages that do not trigger the audio attention signal, vibration cadence, or both. A silent alert is an alert at an alert originator’s discretion, is presented without either the common audio attention signal, the common vibration cadence, or both. The agency notes that the ability to send silent alerts will be particularly useful in three scenarios: (1) AMBER Alerts, Missing and Endangered Persons (MEP) Alerts, and Blue Alerts sent either statewide or overnight; (2) follow-up messaging to relay additional, essential actions likely to save lives and/or safeguard property during ongoing emergencies; and (3) active shooter situations.
2. Promotes flexibility and accessibility for consumers by allowing them to override suppression of the vibration cadence (and thus continue to receive the vibration cadence as a means of alerting them).
3. Promotes informed consumer choice by requiring devices marketed as “WEA-capable” to support all the required WEA capabilities – including device-based geotargeting, 360-character alerts, embedded references, and silent alerts – and not just a subset of them that varies by device or provider. A “mobile device” for the purpose of WEA is “any customer equipment used to receive commercial mobile service.
4. Supports consumers’ existing devices by allowing those that are no longer considered to be “WEA-capable” to continue to receive WEA messages.
The deadline for compliance with the silent alert requirements will be 36 months from the publication of this Seventh Report and Order in the Federal Register.
Support for this capability will require updates to alert origination software, FEMA’s Integrated Public Alert and Warning System (IPAWS), Participating CMS Providers’ WEA systems, and mobile devices.
Further Notice of Proposed Rulemaking
In the Further Notice, the Commission,
1. Proposes to expand the use of WEA “Public Safety Messages,” which can allow greater customization by consumers, including silencing or turning off WEA during certain hours, to the extent these features are offered by their providers.
2. Asks whether wireless devices should provide consumers with additional options to customize how they receive WEA messages.
3. Seeks comment on whether there are other steps that wireless providers, equipment manufacturers, and operating system developers can take to reduce the rate of WEA opt-out.
Industry comments are due 30 days after the Further Notice appears in the Federal Register. Reply comments are due 30 days later.
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