First you receive a planetary report on the investigation into the false Emergency Alert that occurred in hawaii in january 13, 2018. Second, will consider second report order to enhance the effectiveness of wireless alerts including the geographic accuracy. Third, in order adjusting the issues raised implementing the auction 903 in which Service Providers will compete to receive supports to offer voice and Broadband Service and unserved hike areas. Then it will award up to 1. 98 billion over ten years to Service Providers that commit to offer voice and Broadband Services to fix locations and unserved areas. Then in order to establish an office of economics and analytics. Six the notice of proposed rulemaking proposing to eliminate. Another documents to the fcc us specified seventh, youll consider an action. This is the agenda. Please note item seven on the agenda as listed entitled amendment this of the commissions rules to delete rules made obsolete by the Digital Transition those deleted first thing on your agenda is a pulmonary part and lisa will give the introduction. Thank you. The floors years. The morning mr. Chairman, and commissioners, earlier this month on the morning of januar january 13, people throughout hawaii were alerted on their televisions, radios and wireless phones of a eminent Ballistic Missile attack. This unleashed widespread panic and fear. The alert was issued by the state of hawaii through the Emergency Alert system and the wireless Emergency Alert system, but the warning was a false alert. Compounding this problem it took 38 minutes for the hawaii Emergency Management systems to issue a corrected alert. This false alert was unacceptable. He immediately directed the Public Safety and Homeland Security bureau to investigate with the goal of understanding how it happened how to help prevent an incident from happening again. Americas Emergency Alert system provide timely lifesaving information to the public. We must ensure the systems remain effective. This includes maintaining the publics confidence so when this is issued the public use its called. Today, the bureau presents a planetary report on its investigation. Joining me are nikki, Deputy Bureau chief, james, and attorney advisory and justin kane, deputy chief of Emergency Management division. These talented folks along with the learning team has produced an incredible amount of excellent work on this investigation, the wireless that will be here shortly. All within a very, very short timeframe. To nikki, james, and the rest of the team as well as others on the team, thank you. You have my pride and appreciation. Im grateful you are part of the Public Safety and Homeland Security bureau family. Id also like to recognize ryan, field agents of the Enforcement Bureau who assisted who are on the ground in hawaii as part of this investigation. James will present the report. Thank you and thank you for the kind words. Good morning. As that she said on january 13 the hawaii Emergency Management alerted a false alert. That delivers alert to consumers mobile devices and Emergency Alert system and investigating the false alert weve interviewed several in person and in honolulu and received a demonstration on how the software initiates alerts and tests. Weve introduced representatives of wireless providers in the hawaii state Emergency Communications committee. The Software Vendors including those who alerted and state local. So far weve been pleased with the level of cooperation we have received including unfortunately the individual who has transmitted this has refused to speak with us. Late last week we are provided with information from a written statement made by the individual state shortly after the incident would help to improve understanding that led to the false alert. We have been testing the alert capabilities over the past year the same to simulate a real event. It begins with a call from a warning officer which simulates a call from Pacific Command and hands with the transmission of a test message from fema. Under this established a procedure the test message should be sent only to the public alert and Warning System, gateway. It should never be transmitted to consumer phones, radios or televisions. By november 27 been memorialized a checklist of procedures for initiating and conducting a Missile Defense drill. Of have been refined through practice and feedback on lesson four. The agency was running the drill is a nono to stroll. And it was commencing without prior notice. In order to better simulate conditions. The final version guided through the drill lunch in your 13th was created on january 5. I walk you through the timeline of the events that led to this. In the Early Morning hours of january 13, the hawaii Emergency Management midnight shift conducted a joint that incident. The supervisor also decided to run a nono dispersion. The midnight shift supervisor decided to join the shift change to help train the dayshift morning officers at a time when it would be challenging to properly respond. At 8 00 a. M. Hawaii standard time they conducted a regularly scheduled shift change and then communicated the communication drill. But there is a miscommunication. They thought the midnight shift supervisors intended to conduct the journal for the midnight officers only. Not for the dayshift officers. As a result the supervisor was not there when the defense shows initiated. At 8 05 a. M. The midnight shift supervisor initiated the general by placing a call pretending to be the u. S. Pacific command. The supervisor played a recorded message over the phone. Recording began by said exercise, exercise, exercise. Language consistent with the script for the drill after that it did not follow the standard operating procedures. Instead, recording included language scripted for use for next rely Ballistic Missile alert. The facet included the sentence, this is not a drill. It again set exercise, exercise, exercise. Three receive this message on speakerphone. According to a written statement is related to the bureau the dayshift heard this is not a drill but did not hear exercise, exercise, exercise. According to the statement the warning officers believed the missile threat was real. At 8 07 a. M. The officer responded by transmitting an alert. He software to send the alert they selected it from a dropdown menu the Alert Software confirmed if they wanted to do this and it said you are you sure you want to do this the warning officers report they knew the message did not indicate a real missile threat that was supposed to indicate the beginning of an exercise. Specifically they heard the words, exercise, exercise, exercise. The dayshift supervisor reported after the event there believe this was a real emergency to they clicked yes to transmit because we have not been able to interview the dayshift operator we carefully evaluate that there is an actual missile threat as opposed to believing it was a drill and accidentally sending them out. Back really recalled after the event the announcement did say this is not a drill. At 8 08 a. M. The warning device sounded the signal. Distinct audible tones that announced wireless Emergency Alerts providing the first indication that alert had been transmitted to the public. Dates are 9 00 a. M. The director of the Hawaii Emergency Agency notified that we transmitted a false alert. At 8 10 a. M. , the director communicated to United States Pacific Command that there is no missile launch, confirming what they already knew. They also notified the Honolulu Police department. At 8 12 a. M. , they use the Alert Software to cancel retransmission of the false alert. The cancellation is a downstream to cease retransmission. Notably cancellation message does not generate an all clear message or recall messages already transmitted and displayed on mobile phones. From a 13 00 a. M. To a 26 they conducted outreach to county Emergency Agency in radio and tv stations to inform them the alarm was false. The agencies phone lines became congested with calls from the public asking about the nature of the alert. Some calls did not get through. The agency notified the staff to help respond to community inquiries. At 8 20 a. M. , they posted that there is no missile threat to hawaii. At 8 24 a. M. , the retweeting but there is no missile threat. They stated their unable to do this earlier could see did not know his twitter password. At 8 27 a. M. Agency staff met to discuss options to send a corrective option on the wireless Emergency Alert system. They determine a correction best met the criteria of a Civil Emergency which is an event code used to initiate alerts over the system. At 8 30 a. M. , they called fema and on the second attempt they reached a fema office employee. After 452nd all agreed that the correction met the criteria. At 8 31 a. M. , the deputy chief logged into the agencys software and create a correction messages for the Emergency Alert systems. At 8 45 a. M. , 38 minutes after the false alert the Agency Issued a correction over the two alerting systems. Based on our investigation we believe accomplish of human error and in adequate safeguards contributed to this false alert. With respect to human error due to miscommunication between the supervisor the drill was run without super vision. Other agencies stress the importance of proper supervision and conducting it without proper supervision would not be tolerated. They initiated the drill by playing a recording that did deviated from the script that include the phrase, this is not a drill. Finally the warning officer failed to recognize this was an exercise even though the other warning officers understood it was not real emergency. With respect to inadequate safeguards there were no procedures in place to prevent a Single Person from sending a missile alert to the state of hawaii. While this is there is no requirement in place for warning officer to double check with a colleague or get signoff before sending the alert. The state avoid appears to have been convicted ducting no noticed drills which i the potential for an error to occur. The bureaus investigation has revealed that while other agencies use no noticed drills, their common practice is to schedule drills and events for a set date and time. Its troubling that boys alert Origination Software to not differentiate between the testing and the live environment. It allowed users to send both live alerts and test alerts using the same interface a login caught credentials. In other words, the confirmation prompt contain the same language irrespective of if it was a test or actual alert. It did not offer another opportunity to review the text. Further, hawaiis alliance stored made it easy for warning officer to click through without sufficient focus on the text message that they were about to sign. The various investigations so far has revealed that, in the industry practice is to host the environment on a separate domain on the login screen on their letter Origination Software appears to have cues to establish the test environment. Including the use of water watermarks. Once a false alert was sent the hawaii Emergency Management had not looked at the possibility of issuing a false alert and failed to have standard procedures. Sent out a corrected message and rather than the same alerting systems. The agency was not prepared to issue this. The agency did not maintain redundant and effective needs to operate with key stakeholders. The bureau is pleased that weve taken steps to ensure that an incident never happens again. We created a new policy for all future drills. It will require two officers to sign it and validate the transmission of every alert and test. So warning officers are more readily prepared to correct a false alert should one occur again. It has requested the vendor integrate improvements into the next reiteration of software to delineate hope and to safeguard against false alerts. It has stopped all defense drills. There is more work to be done. We will have recommended and once we have developed these measures will partner with fema to engage in stakeholder outreach. Among other avenues we will consider our roundtable to discuss elections that should be learned from this as well as developing the joints meeting with fema. And then the girl stands ready to implement other actions. Thank you. Will now turn to comments on the bunch. First i like to thank the bureau for such a very quick and comprehensive report. This is an extremely serious issue. The missile alert should be a wakeup call for all stakeholders involved. We cannot simply dismiss this as being an introvert mistake that only Public Officials in hawaii need to address. This incident should and is serving as a catalyst for every state and location to review their Emergency Alert processes. But if and when a false alert is ever sent again, the Technical Capability to send a correction is on place in the protocol on how to go about it should be clearly defined. Thank you. Its astounding no one was hurt. This couldve been a catastrophe of the utmost importance. I wanted to check on one point she made yet highlighted and it was raised regarding the governor in hawaii Emergency Management agency had responded to this article said we hoped that whatever waited until the report came out before commenting regarding the twitter password, but nothing youd had today suggested it was completely accurate. The reason he did not respond because he can find his password, set right . Thats has been reported in the news. Can you help me . I watch this and it was its correct in saying fema has responsibility for overseeing the preparation notifications as it relates to other organizations. Responsibilities to make sure on the communication side. The fcc is responsible for the distribution by the Service Providers. Fema oversees its integrated public alert and Warning System which aggregates alerts coming from the alert originators. The state local governments went to issue the alert, over what systems i when those alerts would be issued. This is before the this is that right when it says things like when the best practice, thats all of femas responsibility thats not the communication this seemed to have worked well. The information did get out, whether false administratio falr not. s on the fema side, the responsibility is that all of that and not our responsibilit responsibility,. From the statutory perspective, yes,. That what what we have said in the presentation, as well as what i have said in my testimony is that all of the stakeholders involved need to do their part to address these issues. The fcc is performing its part. For example, the fcc has served as a convener of stakeholders to identify Lessons Learned and best practices. Weve also taken into account, feedback received from state and local governments and fema in terms of the policies we adopt. s on your last point, there is a Stakeholder Advisory Committee created in the law that fema operates so they have the authority for convening that is they see fit. Yes, they have a committee they set up under statute dealing with their system. This is in a presentation, the supervisor of this project was at home at the time, was that accurate . The log in the system to create a false alert that accurate . We follow up with you . Thank you. Imagine what you would do . That this very moment on your phone, you receive the following message, Ballistic Missile threat, inbound. Seek immediate shelter. This is not a drill. Who would be the first person you a call . Would you say . And what would you do when the intervening 38 minutes between getting that message and getting another one saying the first one was false . And what you put together i look forward to working with you on this matter. Commissioner . Years ago i had the privilege of working for the people of the state of hawaii. Serving as counsel. So i know the residence are grateful and resilient they are aware, like all of us the folder abilities in the pacific. When this incident occurred i reached out to those who i had worked with in the past to understand what had happened. They had only harrowing tales to tell. Imagine with only minutes to live with everything you hold dear could be destroyed when this threat was over im sure people held their children a little bit closer as i did that night. This system failed miserably we need to improve and get it right. Amen. That starts with the preliminary reports thanks to the chairman swiftly calling for the investigation which is the right thing to do also the efforts of our talented Public Safety and Homeland Security. They say this could have been avoided or mitigated so now take the facts and use them about the Emergency Alert system across the board. And looking at the state or local or federal level. And with the Emergency Alert system which are subject to regular filing and review. While we are at it address street one training that reduces the likelihood of error. And then to audio and Video Streaming Services and with the daisychain reporting practices. But above all we need real changes in place and commit right here right now for the summer begins because what happened in hawaii should never happen again. Thank you commissioner. As we have heard the only thing that struck the island on january 13 was panic and then outrage. So what went wrong and what needs to be done to stop this future mistake from happening . And that is what we asked immediately to investigate when they started investigation. With less than two and a half weeks very busy weeks. As many things went wrong in hawaii. And then to identify the problem not just in hawaii but anywhere else and in my view the two most troubling things that we have found is number one that what the Hawaii Agency did try to prevent human error for transmitting a false alert and a number two why they didnt have a plan what to do if a false alert was transmitted. Every state needs to learn from these mistakes. Each should ensure with safeguards in place with the transmission of a false alert and for how to immediately correct a false alert. This is important because the public needs to trust when the government issues the Emergency Alert it is a credible alert. Otherwise people will not take them seriously not when the emergency strikes and lives are on the line. In pointing out the work on this issue to produce a final report the fcc will work in cooperation for appropriate action and best practices. Want to minimize the chances of future false alerts and the impact of any such false alert. We would like to thank all of the witnesses who have cooperated with our investigation also senator shot and senator from hawaii to speaking with me and also the bureau staff for the expertise speed and tenacity they were to bear on this task. Our investigators in hawaii have been ably supported. Thanks to all of you for your hard work and thanks in advance for your efforts to come and with that met him secretary please announce the next item on the agenda. Entitled old wireless Emergency Alerts will be presented by the Public Safety of Homeland Security and the chief of the bureau will give the introduction. Whenever you and your team are ready. Thank you. Good morning again. Chairman and commissioners. Public safety Homeland Security bureau is pleased to present a second reconsideration to enhance wireless Emergency Alerts. When the program launched in 2012 participating wireless providers were generally required to send an alert to a Geographic Area no larger than the counties affected by the emergency. Often times it affects and an area smaller than a county so to address that all participating wireless providers are not required to transmit alerts to a Geographic Area that best approximates the area affected by the emergency even if smaller than a county. But todays order will improve geo targeting accuracy by requiring participating wireless providers to the area that matches the target area specified by the originators with an overreach of no more than one tenth of a mile. This standard would allow men among Emergency Managers to send alerts only those affected by an emergency so recent natural disasters in texas, california and puerto rico have demonstrated the need for Public Safety personnel to communicate lifesaving information to the targeted areas including where to evacuate or shelter in place for wildfires or hurricanes. This would allow for the precise alerting and prevent over alerting encouraging during a crisis. If adopted this would make wireless Emergency Alerts even more effective tool for managers to keep the community safe. Joining me at the table are nikki, megan and the cybercommunication Reliability Division and the engineer of the policy analyzing division also the other bureaus and offices particularly our colleague in the office of general counsel to provide their expertise throughout the process. Megan will present the items. Thank you. Good morning chairman pai and commissioner. The report takes important steps for the future to lydia wireless Emergency Alert first it would require providers to give an area that matches the target area specified by the originator. To deliver a message to 100 of the target area with no more than one tenth of a mile over shoe. This would apply to all existing devices capable of being updated to support this standard. We expect participating wireless providers would match the target area except if they are not technically capable to do so. In those limited circumstances for example if a consumer turns off location services, wireless providers are required to best approximate year. In recognition of the urgent need to receive only the alert messages presented to them or give Emergency Managers those tools and those specifically affected by the emergency, they would require wireless providers to comply by november 30, 2019. The order would adopt new consumer Disclosure Requirements to ensure members of the public are aware of the availability and benefit of targeting at the pointofsale. Second, the order would require wireless providers to preserve messages on mobile devices or at least 24 hours or deleted by the user. That will allow members of the public to go back and review lifesaving information such as shelter distribution units and emergency hotline numbers. This capability is important given the recent adoption rules for longer message and linkedin cell numbers. Third the order defines what constitutes a whole or in part participation. Wireless providers in whole with the service with all devices they offer at pointofsale in the Geographic Area. And participate in part in some if not all Geographic Service areas or on the mobile devices they offer at pointofsale. This will provide clarity to industry and the public of the availability. Finally the second order on reconsideration allows the deadline for spain Spanish Language for 360 character link messages length messages and in doing so we recognize alerts in spanish require more characters than english and with those deadlines to allow wireless providers to allow conduct Software Testing at the same time. The bureau recommends editorial privileges only to those performing at it. We now will begin with commissioner clyburn. Text 2911 wireless accuracy promoting the reliability of communications my approach with Public Safety issues has been shaped by three principles, people with accessibility and challenges must benefit and we should do all we can to educate consumers about the safety benefits and collaborate among all stakeholders. Frederick douglass one of the most influential americans of the 19th century says if there is no struggle there is no progress african History Month days away this is a particularly fitting quote to aptly describe the Public Safety proceedings over the past eight years. Typically proceeding start with the Commission Setting an ambitious goal and then in many cases the communication industry pushes back and this is followed by the five of us not agreeing on policy details. But in the end the struggles in collaboration with stakeholders have resulted in progress and improvement to emergency communication. The same could be said for wireless Emergency Alerts. While the carriers voluntarily participate to authorize alerts originators at the federal, tribal and state and local level to warn the public of all levels of emergencies. First employed april 2012 thanks to the collaborative effort by industry and the Public Safety community. The system has issued more than 33000 Emergency Alerts. We have worked to more precisely target those alerts located in the exact area where the emergency exists. Those that repeatedly get alerts that are not relevant to them one day may ignore the alert that directly impacts their safety and that would be extremely unfortunate. This is why back in september 2016 we saw comments for the industry to go beyond the geo targeting standard to closely match the target area that the alert originator transmits. That is demonstrated again that despite differences on specific policy details my colleagues and i consider the industrys challenges to work toward supporting this goal. Todays order marks in a milestone with the Previous Administration enhance proposal that requires industry to leave that enhanced standard by november 30, 2019. I am concerned about certain aspects of the draft circulated earlier but i am pleased to report we were able to compromise on a few key areas. The order originally stated that participating Wireless Companies and infrastructure could resort to those standards if incapable to match a target area. I was concerned the term could become a loophole. I agreed to verify that technically incapable does not mean circumstances when the carriers own failure to adequately maintain or upgrade the network or device makes it unable to meet the standard. The new york city Emergency Management office and others have a strong advocacy on this issue. The original draft order did not amend the subscriber notification role for the technical changes we are adopting today. Consumers must be notified if Wireless Companies do not offer that as all at all we do believe this year targeting alerts are important to keep people safe and we should give all wireless customers the ability to choose geo targeting devices and services. Consumers cannot make that choice if they do not have adequate notification. I think my colleagues to amend the rule to make clear that consumers must be notified about the extent to which Wireless Companies offer enhanced year targeting alerts. Finally, i was concerned initial draft had no information of wireless Emergency Alert. Specifically looking at comments on this issue the new york City Emergency Commission made a compelling case it would have been very helpful if we would have learned about the Chelsea Bombing in 2016 included a photo of the suspect. I ask it include a further notice with multimedia information although my colleagues would not agree i am pleased they are willing to support directing the publics safety to issue a Public Notice to further develop the record on the subject so for all of these reasons i have stated this order has my support. Thanks to those of the dedicated staff for their work on this order and colleagues for working with me on a critical proceedin proceeding. Thank you commissioner. Mr. Chairman i agree providing agencies with the flexibility to pinpoint their alerts to specific areas if there is a threat is incredibly useful. Industry are supportive of such targeting capabilities but my concerns center on the continuous need to mandate technology before they are read ready. The notice that led to today the Communication Security and reliability and interoperability recommended compliance should occur 42 months months after adoption of the commissions order. The Wireless Industry said they could do it faster and 36 month months. So now the 22 month timeframe it is actually achievable. Although providers have stated they will try to meet this deadline but it will be incredibly challenging basically the stars have to align just right. I understand they want geo targeting now you cannot wish technology into existence and let the record reflect further consideration is need how to effectuate geo targeting such as basics for software or hardware changes and updated standards. This does not happen overnight though standards are still finalizing the last set of changes the commission passed including spanishlanguage messages 360 character alert requirement. Before even completed on the ability to send these alerts we are adopting new rules to add additional requirements on the draft made public the alliance briefly identified 25 standards to be developed or modified to make year targeting possible. Hopefully this is the end for a while but dont forget i keep priority should be standards for 5g. Also to be clear the industry should be given the opportunity to figure out geo targeting. It is paramount with Public Safety industry ensures whatever meaning that is tested we should not be forced to cut corners or pick a lesser solution to meet the aspirational deadline we went down this road and it did not work out well. Therefore if standards are delayed and they need more time to successfully deploy geo targeting for this reason i am we can add language to the item to entertain a waiver of the standards process is prolonged. This is a voluntary program because it cannot set standards and integrate functionality in 22 months with a costbenefit analysis. Why remain skeptical . While some assumptions are made with little or no support i appreciate those efforts to improve this part Going Forward we should work to ensure they are based on factual proof of a high probability that they actually accrue from those burdens we oppose. I hope we establish a separate item to work on a framework any proposed rule should have a statistically significant likelihood to suggested benefits. Went to think the chairman for incorporating my edits such as adding language to those coordinate points within 360 characters and the staff for all the hard work especially given the intense focus on other issues in hawaii over the last few weeks now we will foot to approve the item. The senate is coming in they will head over to the House Chamber for the president first aid of the union speech our life coverage on cspan also we have coverage on cspan and cspan. Org we will have the democratic response from joe kennedy also the chance for you to be heard with your phone calls and life coverage throughout the evening as the state of the union night on capitol hill is underway. We will take you live to the floor of the United States senate where they are gathering headed to statuary hall over to the House Chamber. Senator of the United States
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