1、710 47 CFR Ch. I (10110 Edition) Pt. 10 a capability available to a CMRS pro-vider if the owner or controller offers that capability to any CMRS provider. (2) If the owner or controller does not make the requested capability avail-able to a CMRS provider within the meaning of paragraph (a)(1) of thi
2、s sec-tion, the owner or controller must make that capability available to a re-questing interconnected VoIP provider only if that capability is necessary to enable the interconnected VoIP pro-vider to provide 911 or E911 service in compliance with the Commissions rules. (b) Rates, terms, and condit
3、ions. The rates, terms, and conditions on which a capability is provided to an inter-connected VoIP provider under para-graph (a) of this section shall be rea-sonable. For purposes of this para-graph, it is evidence that rates, terms, and conditions are reasonable if they are: (1) The same as the ra
4、tes, terms, and conditions that are made available to CMRS providers, or (2) In the event such capability is not made available to CMRS providers, the same rates, terms, and conditions that are made available to any tele-communications carrier or other entity for the provision of 911 or E911 service
5、. (c) Permissible use. An interconnected VoIP provider that obtains access to a capability pursuant to this section may use that capability only for the purpose of providing 911 or E911 service in accordance with the Commissions rules. 74 FR 31874, July 6, 2009 EFFECTIVE DATE NOTE: At 74 FR 31874, J
6、uly 6, 2009, 9.7(a) was added. This paragraph contains information collection and record-keeping requirements and will not become effective until approval has been given by the Office of Management and Budget. PART 10COMMERCIAL MOBILE ALERT SYSTEM Subpart AGeneral Information Sec. 10.1 Basis. 10.2 P
7、urpose. 10.10 Definitions. 10.11 CMAS implementation timeline. Subpart BElection to Participate in Com-mercial Mobile Alert System Re-served Subpart BElection to Participate in Commercial Mobile Alert System 10.210 CMAS participation election proce-dures. 10.220 Withdrawal of election to participate
8、 in CMAS. 10.230 New CMS providers participation in CMAS. 10.240 Notification to new subscribers of non-participation in CMAS. 10.250 Notification to existing subscribers of non-participation in CMAS. 10.260 Timing of subscriber notification. 10.270 Subscribers right to terminate sub-scription. 10.2
9、80 Subscribers right to opt out of CMAS notifications. Subpart CSystem architecture 10.300 Alert aggregator. Reserved 10.310 Federal alert gateway.Reserved 10.320 Provider gateway requirements. 10.330 Provider infrastructure requirements. 10.340 Digital television transmission tow-ers retransmission
10、 capability. 10.350 CMAS testing requirements. Subpart DAlert message requirements 10.400 Classification. 10.410 Prioritization. 10.420 Message elements. 10.430 Character limit. 10.440 Embedded reference prohibition. 10.450 Geographic targeting. 10.460 Retransmission frequency. Reserved 10.470 Roami
11、ng. Subpart EEquipment requirements 10.500 General requirements. 10.510 Call preemption prohibition. 10.520 Common audio attention signal. 10.530 Common vibration cadence. 10.540 Attestation requirement. Reserved AUTHORITY: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 606; sections 602(a), (
12、b), (c), (f), 603, 604 and 606 of Pub. L. 109347, 120 Stat. 1884. SOURCE: 73 FR 43117, July 24, 2008, unless otherwise noted. Subpart AGeneral Information 10.1 Basis. The rules in this part are issued pur-suant to the authority contained in the Warning, Alert, and Response Network Act, Title VI of t
13、he Security and Ac-countability for Every Port Act of 2006, VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00720 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-7
14、11 Federal Communications Commission 10.10 Public Law 109347, Titles I through III of the Communications Act of 1934, as amended, and Executive Order 13407 of June 26, 2006, Public Alert and Warning System, 71 FR 36975, June 26, 2006. 10.2 Purpose. The rules in this part establish the requirements f
15、or participation in the voluntary Commercial Mobile Alert System. 10.10 Definitions. (a) Alert Message. An Alert Message is a message that is intended to provide the recipient information regarding an emergency, and that meets the require-ments for transmission by a Partici-pating Commercial Mobile
16、Service Pro-vider under this part. (b) Common Alerting Protocol. The Common Alerting Protocol (CAP) re-fers to Organization for the Advance-ment of Structured Information Stand-ards (OASIS) Standard CAPV1.1, Octo-ber 2005 (available at http:/www.oasis- open.org/specs/index.php#capv1.1), or any subse
17、quent version of CAP adopted by OASIS and implemented by the CMAS. (c) Commercial Mobile Alert System. The Commercial Mobile Alert System (CMAS) refers to the voluntary emer-gency alerting system established by this part, whereby Commercial Mobile Service Providers may elect to trans-mit Alert Messa
18、ges to the public. (d) Commercial Mobile Service Provider. A Commercial Mobile Service Provider (or CMS Provider) is an FCC licensee providing commercial mobile service as defined in section 332(d)(1) of the Com-munications Act of 1934 (47 U.S.C. 332(d)(1). Section 332(d)(1) defines the term commerc
19、ial mobile service as any mobile service (as defined in 47 U.S.C. 153) that is provided for profit and makes interconnected service available to the public or to such classes of eligi-ble users as to be effectively available to a substantial portion of the public, as specified by regulation by the C
20、om-mission. (e) County and County Equivalent. The terms County and County Equivalent as used in this part are defined by Fed-eral Information Processing Standards (FIPS) 64, which provides the names and codes that represent the counties and other entities treated as equiva-lent legal and/or statisti
21、cal subdivi-sions of the 50 States, the District of Columbia, and the possessions and free-ly associated areas of the United States. Counties are considered to be the first-order subdivisions of each State and statistically equivalent enti-ty, regardless of their local designa-tions (county, parish,
22、 borough, etc.). Thus, the following entities are consid-ered to be equivalent to counties for legal and/or statistical purposes: The parishes of Louisiana; the boroughs and census areas of Alaska; the Dis-trict of Columbia; the independent cit-ies of Maryland, Missouri, Nevada, and Virginia; that p
23、art of Yellowstone Na-tional Park in Montana; and various entities in the possessions and associ-ated areas. The FIPS codes and FIPS code documentation are available on-line at http:/www.itl.nist.gov/fipspubs/ index.htm. (f) Participating Commercial Mobile Service Provider. A Participating Com-merci
24、al Mobile Service Provider (or a Participating CMS Provider) is a Com-mercial Mobile Service Provider that has voluntarily elected to transmit Alert Messages under subpart B of this part. (g) C Interface. The interface be-tween the Alert Gateway and CMS pro-vider Gateway. (h) CMS provider Gateway. T
25、he mech-anism(s) that supports the C inter-face and associated protocols between the Alert Gateway and the CMS pro-vider Gateway, and which performs the various functions associated with the authentication, management and dis-semination of CMAS Alert Messages re-ceived from the Alert Gateway. (i) CM
26、S provider infrastructure. The mechanism(s) that distribute received CMAS Alert Messages throughout the CMS providers network, including cell site/paging transceivers and perform functions associated with authentica-tion of interactions with the Mobile Device. (j) Mobile Devices. The subscriber equi
27、pment generally offered by CMS providers that supports the distribu-tion of CMAS Alert Messages. 73 FR 43117, July 24, 2008, as amended at 73 FR 54525, Sept. 22, 2008 VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00721 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD
28、with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-712 47 CFR Ch. I (10110 Edition) 10.11 10.11 CMAS implementation timeline. Notwithstanding anything in this part to the contrary, a participating CMS provider shall begin an 18 month period of d
29、evelopment, testing and de-ployment of the CMAS in a manner consistent with the rules in this part no later than 10 months from the date that the Federal Alert Aggregator and Alert Gateway makes the Government Interface Design specifications avail-able. 73 FR 54525, Sept. 22, 2008 Subpart BElection
30、to Participate in Commercial Mobile Alert System SOURCE: 73 FR 54525, Sept. 22, 2008, unless otherwise noted. 10.210 CMAS participation election procedures. (a) A CMS provider that elects to transmit CMAS Alert Messages, in part or in whole, shall electronically file with the Commission a letter att
31、esting that the Provider: (1) Agrees to transmit such alerts in a manner consistent with the technical standards, protocols, procedures, and other technical requirements imple-mented by the Commission; and (2) Commits to support the develop-ment and deployment of technology for the C interface, the
32、CMS provider Gateway, the CMS provider infrastruc-ture, and mobile devices with CMAS functionality and support of the CMS provider selected technology. (b) A CMS provider that elects not to transmit CMAS Alert Messages shall file electronically with the Commis-sion a letter attesting to that fact. (
33、c) CMS providers shall file their election electronically to the docket. 10.220 Withdrawal of election to par-ticipate in CMAS. A CMS provider that elects to trans-mit CMAS Alert Messages, in part or in whole, may withdraw its election with-out regulatory penalty or forfeiture if it notifies all aff
34、ected subscribers as well as the Federal Communications Commission at least sixty (60) days prior to the withdrawal of its election. In the event that a carrier withdraws from its election to transmit CMAS Alert Messages, the carrier must notify each affected subscriber individually in clear and con
35、spicuous language citing the statute. Such notice must prompt-ly inform the customer that he or she no longer could expect to receive alerts and of his or her right to terminate service as a result, without penalty or early termination fee. Such notice must facilitate the ability of a cus-tomer to a
36、utomatically respond and immediately discontinue service. 10.230 New CMS providers participa-tion in CMAS. CMS providers who initiate service at a date after the election procedure pro-vided for in 10.210(d) and who elect to provide CMAS Alert Messages, in part or in whole, shall file electronically
37、 their election to transmit in the man-ner and with the attestations described in 10.210(a). 10.240 Notification to new sub-scribers of non-participation in CMAS. (a) A CMS provider that elects not to transmit CMAS Alert Messages, in part or in whole, shall provide clear and conspicuous notice, whic
38、h takes into account the needs of persons with dis-abilities, to new subscribers of its non- election or partial election to provide Alert messages at the point-of-sale. (b) The point-of-sale includes stores, kiosks, third party reseller locations, web sites (proprietary or third party), and any oth
39、er venue through which the CMS providers devices and services are marketed or sold. (c) CMS providers electing to trans-mit alerts in part shall use the fol-lowing notification: NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Com-mercial Mobile Alert Service) CMS provider has chosen to o
40、ffer wire-less emergency alerts within portions of its service area, as defined by the terms and conditions of its service agreement, on wire-less emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts may not be available on all
41、 devices or in the entire serv-ice area, or if a subscriber is outside of the CMS provider service area. For details on the availability of this service and wireless emergency alert capable devices, please ask VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00722 Fmt 8010 Sfmt 8010 Y:SGML
42、220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-713 Federal Communications Commission 10.320 a sales representative, or go to CMS pro-viders URL. Notice required by FCC Rule 47 CFR 10.240 (Commercial
43、 Mobile Alert Service). (d) CMS providers electing in whole not to transmit alerts shall use the fol-lowing notification language: NOTICE TO NEW AND EXISTING SUB-SCRIBERS REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service) CMS provider presently does not trans-mit w
44、ireless emergency alerts. Notice re-quired by FCC Rule 47 CFR 10.240 (Commer-cial Mobile Alert Service). 10.250 Notification to existing sub-scribers of non-participation in CMAS. (a) A CMS provider that elects not to transmit CMAS Alert Messages, in part or in whole, shall provide clear and conspic
45、uous notice, which takes into account the needs of persons with dis-abilities, to existing subscribers of its non-election or partial election to pro-vide Alert messages by means of an an-nouncement amending the existing subscribers service agreement. (b) For purposes of this section, a CMS provider
46、 that elects not to trans-mit CMAS Alert Messages, in part or in whole, shall use the notification lan-guage set forth in 10.240 (c) or (d) re-spectively, except that the last line of the notice shall reference FCC Rule 47 CFR 10.250, rather than FCC Rule 47 CFR 10.240. (c) In the case of prepaid cu
47、stomers, if a mailing address is available, the CMS provider shall provide the re-quired notification via U.S. mail. If no mailing address is available, the CMS provider shall use any reasonable method at its disposal to alert the cus-tomer to a change in the terms and conditions of service and dire
48、cting the subscriber to voice-based notification or to a Web site providing the required notification. 10.260 Timing of subscriber notifica-tion. A CMS provider that elects not to transmit CMAS Alert Messages, in part or in whole, must comply with 10.240 and 10.250 no later than 60 days fol-lowing a
49、n announcement by the Com-mission that the Alert Aggregator/ Gateway system is operational and ca-pable of delivering emergency alerts to participating CMS providers. 10.270 Subscribers right to termi-nate subscription. If a CMS provider that has elected to provide CMAS Alert Messages in whole or in part thereafter chooses to cease providing such alerts, either in whole or in part, its sub
