PART 10—WIRELESS EMERGENCY ALERTS Authority: 47 U.S.C. 151, 152, 154(i), 154(n), 201, 301, 303(b), 303(e), 303(g), 303(j), 303(r), 307, 309, 316, 403, 544(g), 606, 1201, 1202, 1203, 1204, and 1206. Link to an amendment published at 88 FR 86836, Dec. 15, 2023. Source: 73 FR 43117, July 24, 2008, unless otherwise noted. Subpart A—General Information § 10.1 Basis. The rules in this part are issued pursuant to the authority contained in the Warning, Alert, and Response Network Act, Title VI of the Security and Accountability for Every Port Act of 2006, Public Law 109-347, 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 for participation in the voluntary Wireless Emergency Alerts system. [78 FR 16807, Mar. 19, 2013] § 10.10 Definitions. (a) Alert Message. (b) Common Alerting Protocol. http://www.oasis-open.org/specs/index.php#capv1.1 (c) Wireless Emergency Alerts. (d) Commercial Mobile Service Provider. (e) County and County Equivalent. etc. http://www.itl.nist.gov/fipspubs/index.htm. (f) Participating Commercial Mobile Service Provider. (g) “C” Interface. (h) CMS provider Gateway. (i) CMS provider infrastructure. (j) Mobile Device. (k) WEA-capable Mobile Device. (l) CMS Provider participation “in whole.” (m) CMS Provider participation “in part.” [73 FR 43117, July 24, 2008, as amended at 73 FR 54525, Sept. 22, 2008; 78 FR 16807, Mar. 19, 2013; 83 FR 8623, Feb. 28, 2018; 90 FR 12467, Mar. 18, 2025] § 10.11 [Reserved] Subpart B—Election To Participate in Wireless Emergency Alerts System Source: 73 FR 54525, Sept. 22, 2008, unless otherwise noted. § 10.210 WEA participation election procedures. Link to an amendment published at 88 FR 86837, Dec. 15, 2023. Link to a correction of the above amendment published at 89 FR 2885, Jan. 17, 2024. (a) A CMS provider that elects to transmit WEA Alert Messages, in part or in whole as defined by § 10.10(k) and (l), shall electronically file with the Commission a letter attesting that the Provider: (1) Agrees to transmit such alerts in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission; and (2) Commits to support the development and deployment of technology for the “C” interface, the CMS provider Gateway, the CMS provider infrastructure, and mobile devices with WEA functionality and support of the CMS provider selected technology. (b) A CMS provider that elects not to transmit WEA Alert Messages shall file electronically with the Commission a letter attesting to that fact. (c) CMS providers shall file their election electronically to the docket. [73 FR 54525, Sept. 22, 2008, as amended at 78 FR 16807, Mar. 19, 2013; 83 FR 8623, Feb. 28, 2018] § 10.220 Withdrawal of election to participate in WEA. A CMS provider that elects to transmit WEA Alert Messages, in part or in whole, may withdraw its election without regulatory penalty or forfeiture if it notifies all affected 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 WEA Alert Messages, the carrier must notify each affected subscriber individually in clear and conspicuous language citing the statute. Such notice must promptly 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 customer to automatically respond and immediately discontinue service. [78 FR 16807, Mar. 19, 2013] § 10.230 [Reserved] § 10.240 Notification to new subscribers of non-participation in WEA. (a) A CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, shall provide clear and conspicuous notice, which takes into account the needs of persons with disabilities, 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 other venue through which the CMS provider's devices and services are marketed or sold. (c) CMS Providers electing to transmit alerts “in part” shall use the following notification: NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service) [[CMS provider]] has chosen to offer wireless emergency alerts, including enhanced geo-targeting, within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts, including enhanced geo-targeting, may not be available on all devices or in the entire service 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, including the availability and benefits of enhanced geo-targeting, please ask a sales representative, or go to [[CMS provider's URL]]. Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service) (d) CMS providers electing in whole not to transmit alerts shall use the following notification language: NOTICE TO NEW AND EXISTING SUBSCRIBERS REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service) [[CMS provider]] presently does not transmit wireless emergency alerts. Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service). [73 FR 54525, Sept. 22, 2008, as amended at 78 FR 16807, Mar. 19, 2013; 83 FR 8623, Feb. 28, 2018] § 10.250 Notification to existing subscribers of non-participation in WEA. (a) A CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, shall provide clear and conspicuous notice, which takes into account the needs of persons with disabilities, to existing subscribers of its non-election or partial election to provide Alert messages by means of an announcement amending the existing subscriber's service agreement. (b) For purposes of this section, a CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, shall use the notification language set forth in § 10.240 (c) or (d) respectively, 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 customers, if a mailing address is available, the CMS provider shall provide the required 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 customer to a change in the terms and conditions of service and directing the subscriber to voice-based notification or to a Web site providing the required notification. [73 FR 54525, Sept. 22, 2008, as amended at 78 FR 16807, Mar. 19, 2013] § 10.260 [Reserved] § 10.270 Subscribers' right to terminate subscription. If a CMS provider that has elected to provide WEA Alert Messages in whole or in part thereafter chooses to cease providing such alerts, either in whole or in part, its subscribers may terminate their subscription without penalty or early termination fee. [78 FR 16807, Mar. 19, 2013] § 10.280 Subscribers' right to opt out of WEA notifications. (a) CMS providers may provide their subscribers with the option to opt out of the “Child Abduction Emergency/AMBER Alert,” “Imminent Threat Alert” and “Public Safety Message” classes of Alert Messages. (b) CMS providers shall provide their subscribers with a clear indication of what each option means, and provide examples of the types of messages the customer may not receive as a result of opting out. [73 FR 54525, Sept. 22, 2008, as amended at 78 FR 16808, Mar. 19, 2013; 81 FR 75725, Nov. 1, 2016] Subpart C—System Architecture § 10.300 Alert aggregator. [Reserved] § 10.310 Federal alert gateway. [Reserved] § 10.320 Provider alert gateway requirements. This section specifies the functions that each Participating Commercial Mobile Service provider is required to support and perform at its CMS provider gateways. (a) General. (b) Authentication and validation. (c) Security. (d) Geographic targeting. (e) Message management Formatting. (2) Reception. The CMS provider gateway must support a mechanism to stop and start Alert Message deliveries from the Federal alert gateway to the CMS provider gateway. (3) Prioritization. The CMS provider gateway must process an Alert Message on a first in-first out basis except for National Alerts, which must be processed before all non-National Alerts. (4) Distribution. A Participating CMS provider must deploy one or more CMS provider gateways to support distribution of Alert Messages and to manage Alert Message traffic. (5) Retransmission. The CMS provider gateway must manage and execute Alert Message retransmission, and support a mechanism to manage congestion within the CMS provider's infrastructure. (f) CMS provider profile. (1) The information must be provided 30 days in advance of the date when the CMS provider begins to transmit WEA alerts. (2) Updates of any CMS provider profiles must be provided in writing at least 30 days in advance of the effective change date. Table 10.320( f Profile parameter Parameter election Description CMSP Name Unique identification of CMSP. CMSP gateway Address IP address or Domain Name Alternate IP address Optional and subject to implementation. Geo-Location Filtering <yes/no> If “yes” the only CMAM issued in the listed states will be sent to the CMSP gateway. If yes, list of states CMAC Geocode for state List can be state name or abbreviated state name. (g) Alert logging. (1) Logging requirements. (2) Maintenance of logs. (3) Availability of logs. [73 FR 43117, July 24, 2008, as amended at 78 FR 16808, Mar. 19, 2013; 81 FR 75725, Nov. 1, 2016; 86 FR 46790, Aug. 20, 2021] § 10.330 Provider infrastructure requirements. This section specifies the general functions that a Participating CMS Provider is required to perform within their infrastructure. Infrastructure functions are dependent upon the capabilities of the delivery technologies implemented by a Participating CMS Provider. (a) Distribution of Alert Messages to mobile devices. (b) Authentication of interactions with mobile devices. (c) Reference Points D & E. Reference Point D is the interface between a CMS Provider gateway and its infrastructure. Reference Point E is the interface between a provider's infrastructure and mobile devices including air interfaces. Reference Points D and E protocols are defined and controlled by each Participating CMS Provider. § 10.340 Digital television transmission towers retransmission capability. Licensees and permittees of noncommercial educational broadcast television stations (NCE) or public broadcast television stations (to the extent such stations fall within the scope of those terms as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))) are required to install on, or as part of, any broadcast television digital signal transmitter, equipment to enable the distribution of geographically targeted alerts by commercial mobile service providers that have elected to transmit WEA alerts. Such equipment and technologies must have the capability of allowing licensees and permittees of NCE and public broadcast television stations to receive WEA alerts from the Alert Gateway over an alternate, secure interface and then to transmit such WEA alerts to CMS Provider Gateways of participating CMS providers. This equipment must be installed no later than eighteen months from the date of receipt of funding permitted under section 606(b) of the WARN Act or 18 months from the effective date of these rules, whichever is later. [78 FR 16808, Mar. 19, 2013] § 10.350 WEA testing and proficiency training requirements. This section specifies the testing that is required of Participating CMS Providers. (a) Required monthly tests. (1) A Participating CMS Provider's Gateway shall support the ability to receive a required monthly test (RMT) message initiated by the Federal Alert Gateway Administrator. (2) Participating CMS Providers shall schedule the distribution of the RMT to their WEA coverage area over a 24 hour period commencing upon receipt of the RMT at the CMS Provider Gateway. Participating CMS Providers shall determine the method to distribute the RMTs, and may schedule over the 24 hour period the delivery of RMTs over geographic subsets of their coverage area to manage traffic loads and to accommodate maintenance windows. (3) A Participating CMS Provider may forego an RMT if the RMT is pre-empted by actual alert traffic or if an unforeseen condition in the CMS Provider infrastructure precludes distribution of the RMT. A Participating CMS Provider Gateway shall indicate such an unforeseen condition by a response code to the Federal Alert Gateway. (4) The RMT shall be initiated only by the Federal Alert Gateway Administrator using a defined test message. Real event codes or alert messages shall not be used for the WEA RMT message. (5) A Participating CMS Provider shall distribute an RMT within its WEA coverage area within 24 hours of receipt by the CMS Provider Gateway unless pre-empted by actual alert traffic or unable due to an unforeseen condition. (6) A Participating CMS Provider may provide mobile devices with the capability of receiving RMT messages. (7) A Participating CMS Provider must retain an automated log of RMT messages received by the CMS Provider Gateway from the Federal Alert Gateway. (b) Periodic C interface testing. (c) State/Local WEA Testing. (1) A Participating CMS Provider's Gateway shall support the ability to receive a State/Local WEA Test message initiated by the Federal Alert Gateway Administrator. (2) A Participating CMS Provider shall immediately transmit a State/Local WEA Test to the geographic area specified by the alert originator. (3) A Participating CMS Provider may forego a State/Local WEA Test if the State/Local WEA Test is pre-empted by actual alert traffic or if an unforeseen condition in the CMS Provider infrastructure precludes distribution of the State/Local WEA Test. If a Participating CMS Provider Gateway forgoes a State/Local WEA Test, it shall send a response code to the Federal Alert Gateway indicating the reason. (4) Participating CMS Providers shall provide their subscribers with the option to opt in to receive State/Local WEA Tests. (d) Performance and Public Awareness Tests. (1) Conducts outreach and notifies the public before the test that live event codes will be used, but that no emergency is, in fact, occurring; (2) To the extent technically feasible, states in the test message that the event is only a test; (3) Coordinates the test among Participating CMS Providers and with State and local emergency authorities, the relevant SECC (or SECCs, if the test could affect multiple States), and first responder organizations, such as PSAPs, police, and fire agencies); and (4) Provides in widely accessible formats the notification to the public required by this paragraph that the test is only a test and is not a warning about an actual emergency. [73 FR 47558, Aug. 14, 2008, as amended at 78 FR 16808, Mar. 19, 2013; 81 FR 75726, Nov. 1, 2016; 88 FR 86837, December 15, 2023; 89 FR 51265, June 17, 2024] Subpart D—Alert Message Requirements § 10.400 Classification. A Participating CMS Provider is required to receive and transmit four classes of Alert Messages: Presidential Alert; Imminent Threat Alert; Child Abduction Emergency/AMBER Alert; and Public Safety Message. (a) National Alert. (b) Imminent Threat Alert. (1) Urgency. i.e. i.e. (2) Severity. i.e. i.e. (3) Certainty. i.e. i.e. (c) Child Abduction Emergency/AMBER Alert. (i) Law enforcement confirms a child has been abducted; (ii) The child is 17 years or younger; (iii) Law enforcement believes the child is in imminent danger of serious bodily harm or death; (iv) There is enough descriptive information about the victim and the abduction to believe an immediate broadcast alert will help; and (v) The child's name and other data have been entered into the National Crime Information Center. (2) There are four types of AMBER Alerts: Family Abduction; Non-family Abduction; Lost, Injured or Otherwise Missing; and Endangered Runaway. (i) Family Abduction. (ii) Nonfamily Abduction. (iii) Lost, Injured, or Otherwise Missing. (iv) Endangered Runaway. (d) Public Safety Message. [73 FR 43117, July 24, 2008, as amended at 81 FR 75726, Nov. 1, 2016; 86 FR 46790, Aug. 20, 2021] § 10.410 Prioritization. A Participating CMS Provider is required to transmit National Alerts upon receipt. National Alerts preempt all other Alert Messages. A Participating CMS Provider is required to transmit Imminent Threat Alerts, AMBER Alerts and Public Safety Messages on a first in-first out (FIFO) basis. [86 FR 46790, Aug. 20, 2021] § 10.420 Message elements. A WEA Alert Message processed by a Participating CMS Provider shall include five mandatory CAP elements—Event Type; Area Affected; Recommended Action; Expiration Time (with time zone); and Sending Agency. This requirement does not apply to National Alerts. [86 FR 46790, Aug. 20, 2021] § 10.430 Character limit. A Participating CMS Provider must support transmission of an Alert Message that contains a maximum of 360 characters of alphanumeric text. If, however, some or all of a Participating CMS Provider's network infrastructure is technically incapable of supporting the transmission of a 360-character maximum Alert Message, then that Participating CMS Provider must support transmission of an Alert Message that contains a maximum of 90 characters of alphanumeric text on and only on those elements of its network incapable of supporting a 360 character Alert Message. [81 FR 75726, Nov. 1, 2016] § 10.441 Embedded references. Participating CMS Providers are required to support Alert Messages that include an embedded Uniform Resource Locator (URL), which is a reference (an address) to a resource on the Internet, or an embedded telephone number. [81 FR 75726, Nov. 1, 2016] § 10.450 Geographic targeting. This section establishes minimum requirements for the geographic targeting of Alert Messages. (a) This section establishes minimum requirements for the geographic targeting of Alert Messages. A Participating CMS Provider will determine which of its network facilities, elements, and locations will be used to geographically target Alert Messages. A Participating CMS Provider must deliver any Alert Message that is specified by a circle or polygon to an area that matches the specified circle or polygon. A Participating CMS Provider is considered to have matched the target area when they deliver an Alert Message to 100 percent of the target area with no more than 0.1 of a mile overshoot. If some or all of a Participating CMS Provider's network infrastructure is technically incapable of matching the specified target area, then that Participating CMS Provider must deliver the Alert Message to an area that best approximates the specified target area on and only on those aspects of its network infrastructure that are incapable of matching the target area. A Participating CMS Provider's network infrastructure may be considered technically incapable of matching the target area in limited circumstances, including when the target area is outside of the Participating CMS Provider's network coverage area, when mobile devices have location services disabled, and when legacy networks or devices cannot be updated to support this functionality. (b) Upon request from an emergency management agency, a Participating CMS Provider will disclose information regarding their capabilities for geo-targeting Alert Messages. A Participating CMS Provider is only required to disclose this information to an emergency management agency insofar as it would pertain to Alert Messages initiated by that emergency management agency, and only so long as the emergency management agency offers confidentiality protection at least equal to that provided by the federal FOIA. (c) [Reserved] [81 FR 75726, Nov. 1, 2016, as amended at 83 FR 8623, Feb. 28, 2018; 91 FR 1404, Jan. 14, 2026] § 10.460 Retransmission frequency. [Reserved] § 10.470 Roaming. When, pursuant to a roaming agreement ( see [78 FR 16808, Mar. 19, 2013] § 10.480 Language support. Link to an amendment published at 88 FR 86837, Dec. 15, 2023. This amendment was made effective June 5, 2028, at 90 FR 57288, Dec. 10, 2025. The effective date of this amendment was corrected to read June 12, 2028, at 90 FR 59071, Dec. 18, 2025. Link to an amendment published at 90 FR 57342, Dec. 10, 2025. This amendment was made effective June 12, 2028, at 91 FR 2317, Jan. 20, 2026. Participating CMS Providers are required to transmit WEA Alert Messages that are issued in the Spanish language or that contain Spanish-language characters. [81 FR 75726, Nov. 1, 2016] § 10.490 xxx Link to an amendment published at 90 FR 12468, Mar. 18, 2025. Subpart E—Equipment Requirements § 10.500 General requirements. Link to an amendment published at 88 FR 86837, Dec. 15, 2023. This amendment was made effective June 5, 2028, at 90 FR 57288, Dec. 10, 2025. The effective date of this amendment was corrected to read June 12, 2028, at 90 FR 59071, Dec. 18, 2025. Link to an amendment published at 90 FR 57343, Dec. 10, 2025. This amendment was made effective June 12, 2028, at 91 FR 2317, Jan. 20, 2026. A mobile device marketed for public use under part 10 as a “WEA-capable mobile device” is required to perform the following functions: (a) Authentication of interactions with CMS Provider infrastructure. (b) Monitoring for Alert Messages. (c) Maintaining subscriber alert opt-out selections, if any. (d) Maintaining subscriber alert language preferences, if any. (e) Extraction of alert content in English or the subscriber's preferred language, if applicable. (f) Presentation of alert content to the device, consistent with subscriber opt-out selections. National Alerts must always be presented. (g) Detection and suppression of presentation of duplicate alerts. (h) Preservation of Alert Messages in a consumer-accessible format and location for at least 24 hours or until deleted by the subscriber. (i) [Reserved] (j) Support the Alert Message Requirements in subpart D of this part. [73 FR 43117, July 24, 2008, as amended at 78 FR 16808, Mar. 19, 2013; 83 FR 8623, Feb. 28, 2018; 86 FR 46790, Aug. 20, 2021; 90 FR 12468, Mar. 18, 2025] § 10.510 Call preemption prohibition. Devices marketed for public use under part 10 must present an Alert Message as soon as they receive it, but may not enable an Alert Message to preempt an active voice or data session. If a mobile device receives a WEA Alert Message during an active voice or data session, the user may be given the option to control how the Alert Message is presented on the mobile device with respect to the use of the common vibration cadence and audio attention signal. [81 FR 75726, Nov. 1, 2016] § 10.520 Common audio attention signal. A Participating CMS Provider and equipment manufacturers may only market a mobile device for public use under part 10 as a “WEA-capable mobile device” if the mobile device includes an audio attention signal that meets the requirements of this section. (a) The audio attention signal must have a temporal pattern of one long tone of two (2) seconds, followed by two short tones of one (1) second each, with a half (0.5) second interval between each tone. The entire sequence must be repeated twice with a half (0.5) second interval between each repetition. (b) For devices that have polyphonic capabilities, the audio attention signal must consist of the fundamental frequencies of 853 Hz and 960 Hz transmitted simultaneously. (c) For devices with only a monophonic capability, the audio attention signal must be 960 Hz. (d)(1) No person may transmit or cause to transmit the WEA common audio attention signal, or a recording or simulation thereof, in any circumstance other than in an actual National, State or Local Area emergency or authorized test, except as designed and used for Public Service Announcements (PSAs) by federal, state, local, tribal and territorial entities, and non-governmental organizations in coordination with those entities, to raise public awareness about emergency alerting, provided that the entity presents the PSA in a non-misleading manner, including by explicitly stating that the emergency alerting attention signal is being used in the context of a PSA for the purpose of educating the viewing or listening public about emergency alerting. (2) If the Administrator of the Federal Emergency Management Agency (FEMA) or a State, local, Tribal, or territorial government entity becomes aware of transmission of a WEA false alert to the public, they are encouraged to send an email to the Commission at the FCC Ops Center at [email protected], (e) A device may include the capability to mute the audio attention signal. [73 FR 43117, July 24, 2008, as amended at 81 FR 75727, Nov. 1, 2016; 86 FR 46790, Aug. 20, 2021; 87 FR 34213, June 6, 2022; 90 FR 12468, Mar. 18, 2025] § 10.530 Common vibration cadence. Link to an amendment published at 90 FR 12468, Mar. 18, 2025. A Participating CMS Provider and equipment manufacturers may only market a mobile device for public use under part 10 as a “WEA-capable mobile device” if the mobile device includes a vibration cadence capability that meets the requirements of this section. (a) The vibration cadence must have a temporal pattern of one long vibration of two (2) seconds, followed by two short vibrations of one (1) second each, with a half (0.5) second interval between each vibration. The entire sequence must be repeated twice with a half (0.5) second interval between each repetition. (b) The vibration cadence must be restricted to use for Alert Messages under part 10. (c) A device may include the capability to mute the vibration cadence. [73 FR 43117, July 24, 2008, as amended at 90 FR 12468, Mar. 18, 2025] § 10.540 Attestation requirement. [Reserved]