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Review of the Emergency Alert System

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Released: June 21, 2012

Federal Communications Commission

DA 12-977

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Review of the Emergency Alert System;
)
EB Docket No. 04-296
)
Independent Spanish Broadcasters Association,
)
the Office of Communication of the United
)
Church of Christ, Inc., and the Minority Media
)
and Telecommunications Council, Petition for
)
Immediate Relief;
)
)

Randy Gehman Petition for Rulemaking
)

ORDER

Adopted: June 21, 2012

Released: June 21, 2012

By the Chief, Public Safety and Homeland Security Bureau:
1.
The American Cable Association (ACA) has filed with the Federal Communications
Commission (Commission) a “Withdrawal of Petition for Reconsideration”1 seeking to withdraw ACA’s
April 20, 2012 Petition for Reconsideration2 of the Commission’s Emergency Alert System (EAS) Fifth
Report and Order
.3 For the reasons set out in this Order, the Public Safety and Homeland Security
Bureau (the Bureau), on delegated authority, grants the ACA Withdrawal Petition, dismisses the ACA
Reconsideration Petition, and cancels the comment cycle for ACA’s reconsideration petition.
2.
The Commission’s EAS Fifth Report and Order mandated, among other requirements,
that cable TV service providers and other entities participating in the EAS (EAS Participants) be able to
receive Common Alerting Protocol (CAP) formatted EAS alerts delivered by the Federal Emergency
Management Agency (FEMA) no later than June 30, 2012.4 The Commission observed that the primary
method of distributing CAP messages will be via a broadband Internet connection and stated that
demonstrated lack of broadband Internet access offers a presumption in favor of a waiver of the June 30,
2012 deadline.5 In its April 20 reconsideration petition, ACA proposed that the Commission establish a
streamlined waiver process for cable systems that serve less than 501 subscribers, subject to a showing of

1 American Cable Association Withdrawal of Petition for Reconsideration, EB Docket No. 04-296 (filed June 11,
2012) (ACA Withdrawal Petition).
2 American Cable Association Petition for Reconsideration, EB Docket No. 04-296 (filed April 20, 2012) (ACA
Reconsideration Petition).
3 Review of the Emergency Alert System; Independent Spanish Broadcasters Association, the Office of
Communication of the United Church of Christ, Inc., and the Minority Media and Telecommunications Council,
Petition for Immediate Relief; Randy Gehman Petition for Rulemaking, EB Docket 04-296, Fifth Report and Order,
27 FCC Rcd 642 (2012) (EAS Fifth Report and Order).
4 Fifth Report and Order, 27 FCC Rcd at 643, 644-45 ¶¶ 1, 4 (2012).
5 Id., at 696 ¶ 152.

Federal Communications Commission DA 12-977

compliance with specified conditions, and that waivers obtained through this process last at least one
year.6
3.
On May 25, 2012, the Commission released a Public Notice establishing a pleading cycle
in response to ACA’s petition, with oppositions due on June 25 and replies on July 3, 2012.7 In addition,
the Commission invited comment on a number of specific questions related to the petition.8 The Federal
Register published the Public Notice on June 8, 2012.9
4.
In its June 11, 2012 withdrawal petition, ACA states that because “the comment cycle for
the Petition for Reconsideration will extend beyond the June 30, 2012 EAS CAP compliance deadline …
the Petition for Reconsideration cannot now result in meaningful relief for ACA member companies and,
from ACA’s perspective, it is therefore moot.”10 We find no reason to deny ACA’s request to withdraw
its reconsideration petition.
5.
Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C. § 154(i), and Sections 1.8 and 1.429 of the Commission's Rules, 47
C.F.R. §§ 1.8, 1.429, the “Withdrawal of Petition for Reconsideration” filed by the American Cable
Association IS GRANTED, the petition for reconsideration filed by the American Cable Association IS
DISMISSED, the comment cycle for the American Cable Association’s petition for reconsideration IS
CANCELED.
6.
This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the
Commission’s rules, 47 C.F.R. §§ 0.191, 0.392.
FEDERAL COMMUNICATIONS COMMISSION
David Turetsky
Chief
Public Safety and Homeland Security Bureau

6 ACA Petition at 1.
7 Federal Communications Commission Receives Petition Filed by American Cable Association for Partial
Reconsideration of the Commission’s Emergency Alert System Fifth Report and Order; Announces Schedule for
Pleading Cycle, EB Docket No. 04-296, Public Notice, DA 12-834 (PSHSB rel. May 25, 2012) (Public Notice).
8 Id.
9 77 Fed. Reg. 33995 (June 8, 2012).
10 ACA Withdrawal Petition at 2.

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