The Federal Communications Commission has given broadcasters some extra time to make sure their emergency alerts comply with new rules that favor internet protocol (IP)-based alerts, but only for the broadcasters the agency has concluded really need the extension.

The FCC is requiring broadcasters to prioritize internet-friendly (IP-based) formatted alerts — which allow for enhanced information — over the legacy broadcast-based Emergency Alert System when those alerts are received in both formats.

Due to a distribution problem that delayed shipping of the necessary firmware, the National Association of Broadcasters asked for a 90-day extension of the December 12 deadline for prioritizing the alerts.

On Wednesday (November 29), the FCC's Public Safety and Homeland Security Bureau said it would grant that extension — to March 11 — but only for customers of encoder-decoder supplier Sage Alerting Systems, the firmware vendor with the distribution issues.

“Based on the unique circumstances presented here, we conclude there is good cause to grant the extension request,” the bureau said, though the extension is not a blanket waiver for all Emergency Alert System participants. “We do not believe it would serve the public interest to extend the deadline where circumstances do not warrant it.”

That means everyone else must be in compliance by the December 12 deadline.

The companies behind the top streaming services agreed with the FCC that delivering potentially life-saving emergency alert information to the public is of "paramount importance," but they argued their OTT services should not be required to participate in that system, saying it would not appreciably increase the number of people who get such alerts, but would appreciably increase the burden on streamers if they were required to deliver them.

And the obligation would not just be on the major streaming video services, they said, but Peleton, and even online instructional yoga videos.

Broadcasters agreed that streaming companies should not be required to carry the alerts.

The streamers argued the FCC's Emergency Alert System (EAS) and Wireless Emergency Alert System (WEAS) are already robust programs that ensure "timely and relevant" alerts get to the public, which the FCC is making better in the proceeding on which the commission sought comment.

One of the comments the FCC wanted was whether those improvements should include extending the alerts beyond traditional media to the new, and burgeoning, streaming services. Congress mandated that the FCC explore extending alerts to over-the-top.

The Motion Picture Association, whose members include the studios behind Disney Plus, Hulu, ESPN Plus, Peacock, Paramount Plus, and HBO Max, said no.

"[T]he Commission should advise Congress that it should not seek to expand the class of entities required to participate in EAS to include streaming services," they said, adding to do so would could create "alert fatigue," not to mention being "tremendously burdensome" if not "entirely impracticable" as a technical matter, they said in comments to the FCC.

On that last point, they echoed arguments long made against defining over-the-top services as MVPDs.

"Streaming services are less like physical networks and systems that provide EAS today and more similar to the providers of content delivered over such systems." Like an individual broadcast network or cable channel, they said, "because such content providers do not control the underlying distribution architecture, do not have knowledge of where a particular end user receiving their content over such distribution architecture might be located, and are far greater in number than the EAS participants, these individual content providers are not responsible for delivery of EAS alerts."

The FCC's EAS obligation is imposed on individual TV stations and cable systems, not the content providers.

Among the technical challenges they cite:

1. "Streaming services’ relative lack of knowledge as to a user’s precise location;

2. "Difficulties in geographically targeting alerts in a service that is provided on a nationwide basis and delivered over the public Internet; and

3. "The total impracticability of streaming services monitoring for, ingesting, and delivering EAS alerts."

They said any of those demonstrates the infeasibility of applying alert mandates to them.

The FCC is scheduled to vote at its next public meeting on opening an inquiry into whether it can or should require new distribution outlets, including websites and streaming services, to deliver emergency alerts.

Currently those alerts are delivered via TV, radio and phone, but Congress in the Reliable Emergency Alert Distribution Improvement (READI) Act directed the FCC to "examine the feasibility of modernizing the Emergency Alert System" by expanding it to those platforms.

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That bill also directs the FCC to "facilitate coordination with State Emergency Communications Committees in developing and modernizing State Emergency Alert System plans."

In announcing the agenda for the March 17 meeting, acting FCC Chairwoman Jessica Rosenworcel said the FCC would consider a rulemaking implementing the READI Act mandate by proposing "new rules to keep the public safe and informed during emergencies and disasters, and an inquiry on whether it would be possible to deliver emergency alerts via other forms of communications."

Also Read: Senate Commerce Approves READI Act Redux

The FCC will release a draft of the rulemaking Wednesday (Feb. 24).

The House has passed three bipartisan bills to strengthen communications networks, including one exploring whether to extend emergency alert mandates to the internet and streaming services.

H.R. 6096, the Reliable Emergency Alert Distribution Improvement (READI) Act of 2020 requires the FCC to "examine the feasibility of modernizing the Emergency Alert System by expanding alert distribution to the internet and streaming services." It also amends the Warning, Alert, and Response Network Act "to classify emergency alerts from the Federal Emergency Management Agency as a type of alert that commercial mobile service providers may not allow subscribers to block from their devices." It also directs the FCC to "facilitate coordination with State Emergency Communications Committees in developing and modernizing State Emergency Alert System plans."

H.R. 6624, the Utilizing Strategic Allied (USA) Telecommunications Act of 2020 "creates a new grant program through the National Telecommunications and Information Administration (NTIA) to promote technology that enhances supply chain security and market competitiveness in wireless communications networks."

H.R. 7310, the Spectrum IT Modernization Act of 2020, requires the National Telecommunications & Information Administration to report to Congress on any plans to modernize its IT systems on managing federal spectrum.

All three passed by voice vote.

“From keeping Americans better informed during emergencies to promoting 5G coordination, competitiveness and security, these three bills will create a better, safer communications network for us all,” said House Energy & Commerce Committee Chairman Frank Pallone (D-N.J.) and Communications Subcommittee Chairman Mike Doyle (D-Pa.). The bills came out of the E&C committee. “At its core, our telecommunications infrastructure exists to serve the public interest and connect our nation, and we are proud of the bipartisan work that went into advancing that goal with these three bills. We thank all our colleagues for working with us to get such important legislation passed today," they said.

E&C ranking member Greg Walden (R-Ore.) and Communications ranking member Bob Latta (R-Ohio) said of the votes: “The COVID-19 pandemic put a much-needed focus on the need to ensure all Americans are connected, especially during times of emergency, and that our networks are secure. The bipartisan bills passed today help accomplish these goals by investing in our communications infrastructure, promoting secure technology development, and ensuring preparedness for future emergencies. We thank our colleagues for coming together to pass these bipartisan bills and urge the Senate to take swift action."

Mobile net software provider Mavenir praised passage of the USA Telecommunications Act, which the company called "another step forward in modernizing our nation’s mobile networks and promoting a more competitive and innovative 5G ecosystem," adding: "We welcome this widespread support for programs that support OpenRAN deployment, which will make a meaningful difference for the operators and vendors committed to fostering a more diverse supply of secure 5G infrastructure."

Broadcasters and cable operators will need to bone up for a test this fall.

The FCC has set Sept. 28, 2016, at 2:20 p.m. for a nationwide test of the Emergency Alert System (EAS).

The backup date is Oct. 5 and broadcasters and cable operators, who have to participate in the test, must be ready for either date.

The FCC is conducting the test in coordination with FEMA, with a focus on FEMA’s Integrated Public Alert and Warning System (IPAWS) that disseminates the alerts to the various participants.

Related: Senate Passes Emergency Warning Update Bill.

IPAWS delivers alerts to multiple platforms (TV, radio, cellphones, computers, home phones and electronic billboards). IPAWS allows emergency authorities to write their own messages, authenticates them and delivers them to the various platforms.

"The Emergency Alert System is our national public warning system," FCC Chairman Tom Wheeler said back in January as the FCC voted to give local communities more say in alerts and seek stakeholder comment on the future of the system. "We most often associate the EAS with severe weather warnings.  But in recent months we’ve seen attacks in Paris, San Bernardino, and other locations that remind us of the many scenarios where community preparedness and incident response tools are vital.

Participants must register for the test by Aug. 26, and are advised to get ready by, among other things, upgrading their EAS software and firmware and synchronize their clocks.

The FCC also wants the viewing and listening public to weigh in with any problems they observe.