The Commercial Mobile Alert System (CMAS) is a proposed system that would allow the federal government to send emergency alerts via text messages to anyone with a wireless phone. It was requested by the 109th Congress in the Warning, Alert, and Response Network Act, or WARN Act (Title VI of P.L. 109-347), as a means to update the 50-year old Emergency Alert System (EAS).

The WARN Act required the FCC to establish an advisory committee to make recommendations for implementing the program and, accordingly, the FCC issued an April 9 report establishing the technical requirements. The report also suggested that FEMA serve as the lead federal agency or “aggregator,” collecting emergency messages for transmittal to commercial providers.

We believe that FEMA, some other entity within DHS, or NOAA may be in the best position to perform these functions. (49) DHS, and more specifically FEMA, traditionally has been responsible for origination of Presidential alerts and administration of the EAS. (50) Moreover, Executive Order 13407 gives DHS primary responsibility for implementing the United States’ policy “to have an effective, reliable, integrated, flexible and comprehensive system to alert and warn the American people in situations of war, terrorist attack, natural disaster or other hazards to public safety and well-being.”

But, FEMA was not cooperating according to FCC Commissioner Copps, who took FEMA to task for failing to step forward to do its duty.

Unfortunately, there is one final issue that remains unresolved by today’s Order—an issue that, if left uncorrected, threatens to vitiate it entirely. So far, no federal agency has stepped up to fulfill the unified aggregator/gateway role that virtually all stakeholders agree is necessary for our mobile alert system to work properly. Indeed, if no agency assumes this role, the rules we enact today will never become effective and Americans will never receive the protection of emergency alerts delivered to their mobile phones.

The unwillingness of the Federal Emergency Management Agency (FEMA) to fulfill this developing the idea of a unified Federal gateway/aggregator is especially disheartening because FEMA representatives were intimately involved in developing the idea of a unified Federal gateway/aggregator. In fact, not until long after the die was cast, did FEMA suggest that it would be unable for statutory and other reasons to perform this key function. Specifically, it was less than two months ago—after the advisory committee had made its recommendation and after FEMA’s representative had voted in favor of the unified Federal gateway/aggregator scheme—before FEMA raised any objection to assuming responsibility.

FEMA fired back.

It is unfortunate that Commissioner Copps chose to question FEMA’s role and responsibility without first talking with the agency’s Administrator before making his provocative comments. It must be stated in no uncertain terms, that the Federal Emergency Management Agency (FEMA) strongly supports the guidelines and recommendations developed under leadership of Chairman Martin of the Federal Communications Commission (FCC) to create a framework for delivering emergency messages to the people of this country through a nationwide mobile phone alert system. However, Commissioner Copps failed to mention that FEMA lacks the clear legal authority during non-emergency periods to develop, implement, operate, or maintain a Commercial Mobile Alert System.

Soon Congress was involved in the fight, as RCR Wireless News reported on May 16.

The Federal Emergency Management Agency, whose self-declared lack of legal authority in managing aspects of a new emergency alert regime that has created friction with the Federal Communications Commission, is coming under greater congressional scrutiny.

In testimony before the House Subcommittee on Emergency Communications, Preparedness and Response, on May 14, FCC Deputy Chief Lisa Fowlkes provided a compelling argument for implementing CMAS.

Wireless services are becoming equal to television and radio as an avenue to reach the American public quickly and efficiently. According to CTIA, the wireless trade association, approximately 258 million Americans currently subscribe to wireless services. Wireless service has progressed beyond voice communications and now provides subscribers with access to a wide range of information critical to their personal and business affairs. In times of emergency, Americans rely on their mobile services for critical, time-sensitive information. Needless to say, a comprehensive mobile alerting system would bring great benefit to the public by quickly reaching people on the go, here they do not necessarily have access to broadcast radio or television.

Still, no reaction from FEMA. Then, at an EAS Summit, the Society of Broadcast Engineers (SBE) confronted FEMA on a related issue, the Common Alerting Protocol (CAP), as reported by TVTechnology.com (May 23).

Frustrated by the lack of progress by FEMA, the Society of Broadcast Engineers offered a preliminary strategy to help move CAP (Common Alerting Protocol) from FEMA’s offices to broadcast stations and emergency operations centers….

SBE EAS Committee Chair Clay Freinwald and other SBE members offered the plan at the FCC EAS Summit Tuesday, where some panelists blasted FEMA for dragging its feet in mandating CAP, leaving broadcasters, vendors, and public safety officials hanging.

Lead, follow or get the heck out of the way,” Botterell said to FEMA’s Craver. “Please don’t hold up progress in this space by holding all the implementers in suspense.”

Days later, on May 27 and 28, the Disaster Accountability Project notified its readers and media outlets across the country of our plan to describe continuing gaps in FEMA/DHS preparedness. The topic scheduled for discussion on Monday, June 2: emergency alerts.

On May 30, a Friday, when a news release would receive little media attention, and the last federal work day before June 1, the official start of hurricane season, FEMA capitulated. In a one page news release, it admitted that it had the legal authorities, after all.

FEMA supports the framework developed by the Federal Communications Commission for delivering cellular alerts and we have determined that we have both the necessary authorities and technical solutions to assume the responsibility as the federal cellular Alert Aggregator.

I am torn between praising FEMA for finally taking the right position and excoriating it for engaging in the kind of chicanery we’ve seen far too often, lately. Are we to believe that FEMA lawyers were unable to locate relevant law? And, what confidence should we have that FEMA will successfully implement the program? Perhaps not much when FEMA gives itself three excuses, in advance, for failure.

FEMA spelled out a number of conditions that it believes will create an environment in which it can successfully administer the Aggregator/Gateway system, as follows:
* The federal Aggregator will interface with, but not interfere with, existing state and local alerting systems.
* The states will be responsible for determining and identifying those persons who have the authority to send alerts for their specific jurisdictions.
* The federal Aggregator system will be engineered with DHS/Science and Technology scientists.

Oh, and one thing more.

In a related matter, Rainville said that FEMA will announce its position on adopting the Common Alert Protocol (CAP) within the next 30 to 60 days.

They might. But, in April, FEMA missed the second of two deadlines for producing a congressionally mandated post-disaster housing plan.

The overdue housing report is the latest in a string of busted deadlines that had been imposed by Congress in landmark disaster legislation passed in 2006. (Bill Walsh, Times Picayune)

It therefore seems a wise precaution for citizens to write their members of Congress to demand quick implementation of the CMAS program that Congress, the FCC and industry have already agreed is vital to keeping the public safe.