NPRM Final Draft: Foundations of a Sovereign Emergency Alert System (EAS) at Scale

Down the stretch we come

[Final Federal Register Preamble – With IRFA]

Federal Communications Commission
47 CFR Part 11
[PS Docket No. XX-XXX; RM-____; FCC XX-XXX]

Amendment of Part 11 of the Commission’s Rules to Establish a Sovereign Emergency Alert System (EAS) at Scale

AGENCY: Federal Communications Commission.

ACTION: Notice of Proposed Rulemaking.

SUMMARY:
In this Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (Commission or FCC) seeks comment on proposed amendments to Part 11 of its rules governing the Emergency Alert System (EAS). The Commission proposes to establish a Sovereign EAS Framework to enhance resiliency, transparency, and security of the nation’s emergency communications backbone. The proposal would:

• Require each county to maintain four independent “sovereignty anchors” (public/non-profit, private, tribal, and corporate/network stations).

• Designate each sovereignty anchor as a Center of Excellence (CoE) for training, monitoring, and standards development.

• Adopt a Zero Trust Radio Doctrine through a Broadcast Resilience Framework aligned with the NIST Cybersecurity Framework 2.0.

• Mandate independent verification of EAS messages through county-level software-defined radio (SDR) grids and cryptographically signed logs.

• Formally designate AM and FM broadcast towers as resiliency infrastructure authorized for dual-use environmental, municipal, and renewable energy applications.

The Commission seeks comment on these proposed rules, including their technical, financial, and legal implications.

---

DATES:
Submit comments on or before [insert date 45 days after date of publication in the Federal Register] and reply comments on or before [insert date 75 days after date of publication in the Federal Register].

ADDRESSES:
You may submit comments, identified by PS Docket No. XX-XXX; RM-____, by any of the following methods:

• Federal Communications Commission’s Web Site: https://www.fcc.gov/ecfs. Follow the instructions for submitting comments.

• People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, or audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice).

FOR FURTHER INFORMATION CONTACT:
[Insert name], Attorney-Advisor, Public Safety and Homeland Security Bureau, Policy and Licensing Division, Federal Communications Commission, (202) 418-XXXX, or via email at [insert FCC staff email].

---

SUPPLEMENTARY INFORMATION

I. Introduction

The Emergency Alert System (EAS) is the nation’s primary tool for delivering emergency alerts to the public. While the EAS has served for decades, reliance on vendor-controlled devices, analog relay methods, and unverifiable trust chains has created vulnerabilities and documented failures, including missed alerts, unauthorized activations, and insufficient redundancy.

The Commission therefore seeks comment on adopting a Sovereign EAS Framework designed to ensure that emergency communications are redundant, transparent, verifiable, and equitable.

II. Background

Part 11 of the Commission’s rules currently requires EAS Participants to install and maintain FCC-certified alerting equipment capable of receiving and transmitting alerts. However, the current framework lacks independent verification, relies heavily on proprietary vendor equipment, and does not mandate equitable participation across public, private, tribal, and network broadcasters.

The NPRM builds on the Commission’s statutory authority under Sections 1, 4(i), 4(o), 301, 303(r), 303(v), and 606 of the Communications Act to promote the safety of life and property, prevent harmful interference, and ensure national security during times of emergency.

III. Discussion

The Commission seeks comment on proposals to:

• Establish four sovereignty anchors in each county to guarantee diversity of participation.

• Require anchors to function as CoEs, contributing monitoring data, training, and standards work.

• Implement Zero Trust Radio controls consistent with the NIST Cybersecurity Framework 2.0.

• Mandate SDR grids, cryptographically signed logs, and AI/ML analysis for independent verification.

• Authorize dual-use of AM/FM towers as resiliency infrastructure, provided RF integrity is preserved.

IV. Costs and Benefits

The total estimated annual cost of implementation is approximately $3.75 per citizen, representing less than 0.2% of defense spending and under 5% of FEMA’s budget. The Commission seeks comment on the accuracy of these estimates, cost distribution models, and alternative funding mechanisms.

V. Procedural Matters

Ex Parte Rules: This proceeding shall be treated as a “permit-but-disclose” proceeding under the Commission’s ex parte rules.

Paperwork Reduction Act: The proposed information collections will be submitted to OMB for review, and the Commission seeks comment on ways to minimize reporting burdens.

---

Initial Regulatory Flexibility Analysis

As required by the Regulatory Flexibility Act of 1980, as amended (RFA), 5 U.S.C. §§ 601–612, the Commission has prepared this IRFA concerning the possible significant economic impact on small entities by the policies and rules proposed in this NPRM.

A. Need for, and Objectives of, the Proposed Rules

The NPRM seeks comment on proposed amendments to Part 11 of the Commission’s rules that would establish a Sovereign Emergency Alert System (EAS) Framework. The objectives are to strengthen resiliency, transparency, and security of the nation’s emergency communications infrastructure by:

• Requiring each county to maintain four independent sovereignty anchors.

• Designating sovereignty anchors as CoEs for training, monitoring, and standards development.

• Adopting Zero Trust Radio security measures aligned with NIST Cybersecurity Framework 2.0.

• Mandating independent verification of EAS messages through SDR grids and cryptographically signed logs.

• Formally designating AM and FM towers as resiliency infrastructure for dual-use applications.

B. Legal Basis

Sections 1, 4(i), 4(o), 301, 303(r), 303(v), and 606 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(o), 301, 303(r), 303(v), 606.

C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply

The proposed rules would apply to all EAS Participants, including broadcast radio and television licensees, cable systems, satellite digital audio radio service providers, and other covered entities. The Commission estimates:

• ~11,000 licensed radio stations, the majority of which qualify as small entities.

• ~1,700 licensed full-power television stations, most of which also qualify as small.

• Cable and satellite providers subject to Part 11 obligations include numerous small systems under SBA definitions.

Thus, the majority of affected entities are small.

D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements

Potential new requirements include:

• Logging: Maintenance of cryptographically signed EAS logs in JSON/XML format validated by SDR grids.

• Security Controls: TLS encryption, network segmentation, and abuse@ reporting obligations.

• Participation in SDR Grids: Deployment or contribution to county-level monitoring receivers.

• Centers of Excellence: Submission of monitoring data, training modules, or research outputs.

• Tower Co-Use Compliance: Documentation of dual-use infrastructure consistent with RF standards.

E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Alternatives Considered

The Commission seeks comment on alternatives such as:

• Phased Implementation with extended timelines for small stations.

• Shared Resources via cooperative SDR deployments and CoE contributions.

• Revenue Thresholds exempting very small or non-commercial licensees.

• Technical Assistance including federal/state grants for equipment.

• Alternative Compliance Mechanisms allowing functional equivalents of SDR verification in challenging counties.

F. Federal Rules That May Duplicate, Overlap, or Conflict

The Commission is not aware of duplicative rules but seeks comment on potential interactions with FEMA’s IPAWS, DHS cybersecurity directives, or other Federal resiliency frameworks.

Appendix A – Proposed Amendments to 47 CFR Part 11

The Federal Communications Commission proposes to amend Part 11 of Title 47 of the Code of Federal Regulations as follows:

---

PART 11 – EMERGENCY ALERT SYSTEM (EAS)

1. The authority citation for part 11 continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(o), 301, 303(r), 303(v), 606.

---

2. Amend § 11.1 (Purpose) by revising paragraph (a) to read as follows:

§ 11.1 Purpose.
(a) The Emergency Alert System (EAS) is designed to provide the President and other authorized national, state, tribal, and local officials with the capability to provide immediate and effective communications and warnings to the public. The Commission, in coordination with the Federal Emergency Management Agency (FEMA), shall ensure that the EAS operates in a manner that is resilient, transparent, verifiable, and equitable.

---

3. Amend § 11.2 by adding new definitions in alphabetical order:

§ 11.2 Definitions.

• Sovereignty Anchor: A designated broadcast or communications facility representing one of four categories (public/non-profit, private, tribal, and corporate/network) required to operate in each county as part of the Sovereign EAS Framework.

• Center of Excellence (CoE): A sovereignty anchor designated to provide training, standards development, monitoring data, and compliance assistance.

• Broadcast Resilience Framework (BRF): A security framework for EAS participants aligned with the NIST Cybersecurity Framework 2.0 and Zero Trust principles.

• Independent Verification: Confirmation of receipt, relay, and authenticity of EAS messages through county-level software-defined radio (SDR) grids and cryptographically signed logs.

• Resiliency Infrastructure (Broadcast Towers): AM and FM towers formally designated for dual-use municipal, environmental, and renewable energy applications, provided RF integrity is preserved.

---

4. Amend § 11.11 (EAS Participants) by revising paragraph (a):

§ 11.11 The Emergency Alert System (EAS) Participants.
(a) All EAS Participants, including broadcast stations, cable systems, satellite digital audio radio services, and wireline video providers, shall install and maintain EAS equipment in accordance with this Part. In addition, EAS Participants shall:

(1) Participate in county-level sovereignty anchor frameworks as designated under § 11.55.
(2) Maintain compliance with the Broadcast Resilience Framework (BRF).
(3) Support independent verification mechanisms, including participation in SDR grid monitoring where applicable.

---

5. Add new § 11.55 to read as follows:

§ 11.55 Sovereign EAS Framework.

(a) County Sovereignty Anchors. Each county shall maintain four sovereignty anchors representing:
(1) A public or non-profit broadcaster;
(2) A private broadcaster;
(3) A tribal broadcaster or communications entity, where applicable; and
(4) A corporate or network-affiliated broadcaster.

(b) Centers of Excellence. Sovereignty anchors shall serve as Centers of Excellence for training, monitoring, and standards development, providing:
(1) Monitoring data for independent verification;
(2) Public training modules;
(3) Participation in periodic standards-setting activities.

(c) Independent Verification. Sovereignty anchors shall support SDR grids and cryptographically signed logs to confirm receipt and relay of alerts.

(d) Dual-Use Infrastructure. AM and FM broadcast towers designated as resiliency infrastructure may be authorized for dual-use municipal, environmental, or renewable energy applications, subject to Commission approval and RF integrity safeguards.

---

6. Amend § 11.61 (Tests of EAS procedures) by revising paragraph (a)(3):

§ 11.61 Tests of EAS procedures.
(a)(3) Required Weekly Test (RWT) and Required Monthly Test (RMT) logs shall be maintained in cryptographically signed digital format (JSON or XML) and validated by SDR grids where available.

---

7. Add § 11.70 to read as follows:

§ 11.70 Broadcast Resilience Framework (BRF).

(a) All EAS Participants must implement baseline Zero Trust Radio security measures consistent with the NIST Cybersecurity Framework 2.0, including:
(1) Network segmentation and TLS encryption of EAS equipment.
(2) Maintenance of abuse@ reporting contacts.
(3) Participation in coordinated vulnerability disclosure programs.

(b) The Commission shall publish baseline technical guidance and accept functional equivalents for small entities where justified.

Rural County Waiver Amendment - Sovereign EAS Framework

Proposed Addition to Section IV. Costs and Benefits

Rural County Waiver Provision

To address the unique challenges faced by sparsely populated areas, the Commission proposes a Rural County Waiver for counties with populations under 5,000 residents. Under this provision:

Reduced Sovereignty Anchor Requirements: Counties with populations below 5,000 may apply for waivers reducing the four-anchor requirement to a minimum of two sovereignty anchors, provided they can demonstrate:

1. Insufficient Broadcaster Diversity: Documentation that fewer than four distinct broadcaster types (public/non-profit, private, tribal, corporate/network) are available within the county boundaries.

2. Geographic Coverage Adequacy: Evidence that two anchors can provide sufficient geographic coverage for emergency alerting across the county's populated areas.

3. Regional Coordination Plan: Establishment of formal agreements with adjacent counties or regional broadcast facilities to ensure backup coverage and shared Center of Excellence responsibilities.

Waiver Application Process:

• Counties seeking waivers must file applications demonstrating the above criteria

• The Commission will maintain a streamlined review process with 90-day decision timelines

• Waivers will be subject to periodic review every five years to assess changing demographic and technological conditions

Modified Funding Structure: Rural waiver counties would be eligible for:

• Up to $200,000 in baseline grants (doubling the per-anchor allocation to account for expanded responsibilities)

• Additional technical assistance for regional coordination arrangements

• Priority consideration for shared SDR grid deployments serving multiple counties

Compliance Flexibility: Waiver counties may:

• Share Center of Excellence responsibilities with neighboring counties

• Utilize mobile or temporary sovereignty anchors during emergencies

• Implement alternative verification methods where SDR grid coverage is impractical

This rural waiver provision ensures that the Sovereign EAS Framework remains practical and equitable while maintaining the core objectives of resilience, transparency, and security across all communities, regardless of population density or broadcaster availability.

---

Rationale

Rural counties often face unique challenges including:

• Limited broadcaster diversity due to market economics

• Vast geographic areas with sparse populations

• Resource constraints that make full four-anchor compliance difficult

• Existing mutual aid agreements that could be leveraged for emergency communications

The waiver provision acknowledges these realities while maintaining the framework's security and resilience objectives through alternative compliance pathways and enhanced regional coordination.

Tribal Funding Waiver Amendment - Sovereign EAS Framework

Proposed Addition to Section IV. Costs and Benefits

Secondary Waiver Option: Tribal Station Development Provision

In addition to the Rural County Waiver, the Commission proposes a Tribal Station Development Waiver to accommodate the unique funding mechanisms and development timelines available to tribal communications entities.

Tribal Ten-Year Funding Storage Waiver

Counties may apply for a secondary waiver regarding the tribal sovereignty anchor requirement where:

Funding Accumulation Period: A tribal entity has committed to establishing a broadcast station or communications facility within the county but requires an extended development period utilizing ten-year funding storage provisions, provided they demonstrate:

1. Formal Tribal Commitment:

   • Written commitment from recognized tribal government or tribal communications authority

   • Documentation of allocated or committed funding for broadcast infrastructure development

   • Projected timeline for station construction and licensing (not to exceed 10 years from waiver approval)

2. Interim Coverage Plan:

   • Temporary arrangement with existing sovereignty anchors to provide tribal community coverage

   • Alternative emergency communications methods for tribal populations during development period

   • Coordination agreement with tribal emergency management services

3. Financial Security:

   • Evidence of secured funding placement in appropriate accounts or trust arrangements

   • Annual progress reports on station development activities

   • Commitment to maintain funding availability throughout the waiver period

Waiver Conditions and Requirements

Provisional Compliance: During the waiver period, counties must:

• Maintain the three other sovereignty anchor categories at full operational status

• Provide enhanced coverage coordination for tribal communities through existing anchors

• Submit annual reports on tribal station development progress

Enhanced Funding Support: Tribal entities operating under this waiver are eligible for:

• Priority technical assistance for broadcast licensing and construction

• Coordination support for federal frequency coordination and tribal land use approvals

• Access to shared equipment programs and training resources through Centers of Excellence

Milestone Requirements: Tribal entities must demonstrate progress through:

• Annual development milestone reports

• Evidence of continued funding availability

• Updates on regulatory approvals and construction activities

• Community engagement and emergency preparedness coordination

Waiver Duration and Renewal

Initial Term: Up to 10 years, aligned with tribal funding storage capabilities

Renewal Process:

• One-time renewal available for up to 5 additional years upon demonstration of substantial progress and continued funding commitment

• Exceptional circumstances may justify additional extensions subject to Commission review

Completion Requirements:

• Upon station completion, full integration into sovereignty anchor framework

• Retroactive compliance with all Centers of Excellence responsibilities

• Priority designation for tribal emergency communications coordination

Integration with Rural County Waivers

Counties eligible for both Rural County and Tribal Station Development waivers may:

• Combine waiver provisions to reduce minimum anchor requirements to one operational anchor plus tribal commitment

• Receive enhanced funding allocations reflecting dual waiver status

• Access expanded technical assistance and regional coordination resources

Rationale for Tribal-Specific Provisions

This secondary waiver recognizes:

• Unique Tribal Funding Mechanisms: Tribal entities often operate under different funding cycles and federal grant structures that may require extended accumulation periods

• Sovereignty and Jurisdiction Considerations: Tribal communications infrastructure development involves complex federal, state, and tribal jurisdictional coordination

• Community-Specific Needs: Tribal communities may have specialized emergency communications requirements that benefit from purpose-built infrastructure

• Economic Development Integration: Broadcast infrastructure often serves broader tribal economic and cultural development objectives requiring longer-term planning horizons

This provision ensures that the Sovereign EAS Framework accommodates tribal self-determination and unique institutional structures while maintaining emergency communications security and effectiveness for all communities.