FCC Extends Common Alert Protocol
Implementation Deadline for EAS Participants
Until September 30, 2011

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The FCC recently extended the deadline by which all EAS participants must have the capability to receive Common Alerting Protocol (“CAP”)-formatted messages until September 30, 2011.  As we noted in an October 2010 Client Alert, the adoption and release by the Federal Emergency Management Agency (“FEMA”) of the new CAP standard on September 30, 2010 triggered the 180-day period for implementation of the CAP reception requirement under the FCC’s rules.

The new CAP digital message format furthers FEMA’s deployment of the Integrated Public Alert and Warning System (“IPAWS”), which is intended to expand the current EAS system beyond radio and television stations and cable systems to include mobile phones, personal computers and other communication devices.

The FCC elected to extend the CAP implementation deadline in response to concerns that EAS participants had not budgeted for the costs of purchasing and installing the new equipment and that the initial 180-day implementation deadline was insufficient to allow for the manufacturing, acquisition and testing of the EAS encoders/decoders.  Although the FCC does not anticipate any further extensions of the CAP implementation deadline, it noted that it intends to conduct a comprehensive review of the impact of CAP on its Part 11 EAS rules in an upcoming rulemaking proceeding, where it will seek comment on whether the extension of the deadline until September 30, 2011 is sufficient.

Should you have any questions concerning the new CAP standard, please contact your primary attorney in this office.

December 6, 2010

 

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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice.

We would be pleased to provide additional details or advice about specific situations if desired.

Copyright © 2010, Lerman Senter PLLC

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