WASHINGTON—President Bush put the Department of Homeland Security in charge of upgrading the nation’s Cold War-era emergency alert system, with the Federal Communications Commission having failed in the aftermath of the Sept. 11, 2001, terrorist attacks and last year’s devastating hurricanes to leverage wireless, Internet and other technologies to dramatically extend the real-time reach of public warnings.
The executive order does not negate the FCC’s pending rulemaking to broaden the scope of the emergency alert effort to possibly include the nation’s 215 million cell phones, and in fact calls for DHS to coordinate with the commission and other federal agencies. But the presidential directive clearly gives DHS the lead on emergency alert, arming the massive agency with powers that effectively give it final say on major issues associated with emergency alert reform.
Indeed, Homeland Security Secretary Michael Chertoff must submit a report in three months to the White House on a plan to implement the executive order. DHS is ordered to file at least one report annually, updating the president on the development and later the deployment of a new emergency alert system.
Republicans and Democrats in Congress have been critical of the slow pace of emergency alert reform, yet neither the House nor Senate has managed to move an emergency alert reform bill in the past five years. Bills are pending in the House and Senate.
A year before the 9/11 terrorist attacks the White House issued a report—”Effective Disaster Warnings”—recommending delivery of warnings through as many communication channels—including mobile phones—”as practicable so that those users who are at risk can get the message whether inside or outside, at home, work or school, while shopping or in transportation systems.”
DHS is working with public TV stations and wireless carriers to develop a platform enabling emergency warnings to be delivered through a multitude of communications and media distribution channels.
It took the FCC until August 2004 to release a proposal to expand the emergency alert system. The agency has yet to issue a ruling.
The FCC historically has been responsible for emergency warning rules and oversight. Those rules largely rely on voluntary participation by broadcasters and cable TV operators.
In recent FCC filings, Cingular Wireless L.L.C. and Verizon Wireless voiced support for short-message service as a near-term solution. Verizon Wireless suggested the the creation of a service description—one defined by government and industry—as the basis for a long-term solution in which wireless operators would participate on voluntary basis. That formula is the template used by National Communication Systems and cellular carriers to make wireless priority service available through operators to key federal, state and local officials during emergencies.
“From Cingular’s view, there is no existing technology deployed nor is available for near-term deployment that will support a comprehensive, mass consumer wireless emergency alert service,” the operator told the FCC last month.
However, DHS officials are looking closely at cell broadcast technology used in several countries abroad for wireless emergency alerts. Last week, representatives from DHS and the New York City mayor’s office met with rural operator Einstein PCS in Appleton, Wis., to observe a cell broadcast emergency alert demonstration. At the meeting, plans were solidified for the GSM carrier to be the first U.S. wireless operator to hook into the nation’s current emergency alert system.
“We are looking at wireless technology,” said Jarrod Agen, a DHS spokesman.
An issue largely eclipsed by broad policy considerations is the potential impact of emergency alert reform on rural wireless operators.
“RCA is especially concerned about any new mandate that would disproportionately burden small wireless carriers,” said David Nace, general counsel to the Rural Cellular Association. “Any new mandate for EAS should include a plan for government reimbursement of small carrier implementation costs. A better approach, in RCA’s view, is to enhance the National Weather Service network and to require carriers to offer wireless handsets that include the capability for reception of NWS-broadcast emergency alerts.”
