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GAO-08-1070R 1 (2008-08-06)

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T I   M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-316873


          August 6, 2008

          The Honorable Daniel K. Inouye
          Chairman
          The Honorable Kay Bailey Hutchison
          Ranking Minority Member
          Committee on Commerce, Science, and Transportation
          United States Senate

          The Honorable John D. Dingell
          Chairman
          The Honorable Joe Barton
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Federal Communications Commission: Commercial Mobile Alert System

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Federal Communications Commission (Commission),
          entitled Commercial Mobile Alert System (FCC 08-99). We received the rule on
          July 16, 2008. It was published in the Federal Register as a final rule on July 24, 2008.
          73 Fed. Reg. 43,099.

          The final rule adopts technical rules necessary to enable the Commercial Mobile
          Service (CMS) alerting capability for CMS providers who elect to transmit
          emergency alerts to their subscribers. Through this rule, the Commission takes
          steps to satisfy the requirements of the Warning, Alert, and Response Network Act.
          Pub. L. No. 109-347, 120 Stat. 1884, 1936-43, 1936 (2006). The Commission adopted
          an architecture for the Commercial Mobile Alerting System based on the
          recommendations of the Commercial Mobile Service Alert Advisory Committee. In
          the final rule, the Commission states that in adopting these rules, the Commission
          has taken a significant step towards implementing one of its highest priorities-to
          ensure that all Americans have the capability to receive timely and accurate alerts,
          warnings and critical information regarding disasters and other emergencies
          irrespective of what communications technologies they use. 73 Fed. Reg. 43,100.
          The final rule has an effective date of September 22, 2008.

          Enclosed is our assessment of the Commission's compliance with the procedural
          steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the


GAO-08-1070R

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