FCC to propose changes to EAS and DIRS and make deletions of some non-substantive broadcast rule sections
As part of a huge Open Meeting agenda, the FCC is looking at what changes should be made to EAS, streamline the DIRS form for broadcasters and to delete a bunch of "nothing burger" regulations.
The August, 2025 FCC Open Meeting is scheduled for Thursday, August 7, 2025. This is one of the largest agendas for an Open Meeting that we have ever seen. This agenda does include some items that do impact radio and television broadcasting, which we will explain further in this report.
The FCC has released circulation drafts at this time. Until any of these items are adopted at the open meeting, these are not yet set in stone, including the rule changes that will result.
The items that have little to no impact to broadcasting that are on the agenda include:
Revamping NEPA Review to Accelerate Infrastructure Development. The FCC is considering a Notice of Proposed Rulemaking (NPRM) that would examine whether the FCC’s environmental rules comport with the amended National Environmental Policy Act, accelerate the federal permitting process, further a national priority of faster and more infrastructure development, and ensure that the FCC rules are clear.
Streamlining Space Bureau Reviews. The FCC will consider a Second Report and Order (R&O) that advances opportunities in the space economy to expedite the application process for space and earth stations, removing barriers for modifications and to remove outdated rules.
Accelerating Buildout of Secure Undersea Cable Infrastructure. The FCC will consider an R&O to modernize the FCC submarine cable rules to unleash high-speed infrastructure deployment while strengthening national security. A further NPRM will propose measures to further streamline and improve timeliness of submarine cable application review and make other updates to address national security threats.
Evaluating the Development of Advanced Telecommunications. The FCC will consider a Notice of Inquiry that would initiate the annual assessment of whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion as required by section 706 of the Telecommunications Act of 1996.
Addressing Business Data Services Pricing Regulations. The FCC will consider a NPRM and Third Further NPRM that would propose to end rate regulation and tariffing obligations for legacy circuit-based business data services provided by incumbent local exchange carriers (traditional telephone companies) and an Order temporarily pausing the triennial update to the competitive market tests pending review of the record in this proceeding.
There are also various items that will have some kind of an impact on radio and television broadcasting, as well as international broadcast stations (shortwave). We will only touch on the broadcasting impacts in these items.
Modernization of the Nation’s Alerting Systems
This is a NPRM in PS Docket 25-224 that will seek comment on what goals that the Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA) should aim to achieve, whether these systems are currently effective at achieving these goals and what steps the FCC should take to improve their usefulness and better leverage modern technology while minimizing burdens on stakeholders.
Objectives of alerting systems
The FCC feels that there are three goals of EAS:
Capable of providing authorities to notify the public of emergencies that may put the public at risk;
Capable of delivering instructions that facilitate the protection of life and property; and
provide a mechanism for government officials to provide additional authoritative communications with the public before, during and after an emergency.
The FCC wants to know if these statements accurately portray the goals of EAS or if they should be worded differently.
Transmission capabilities of alerting systems
The FCC is questioning whether there current regulations where a broadcast station is not required to forward state or local alerts (as long as they forward the national presidential alerts and tests) is sufficient or does such a voluntary method “diminish the alert originator’s confidence that their alert will reach their target audience?”
The NPRM also addresses resiliency, suggesting in part, the legacy method (relay from other over the air stations) and whether that method is still necessary today or if there are other methods to achieve redundancy. Is it sufficient for EAS to be a redundant source of alerts to WEA or vice versa. Could interoperability between EAS and WEA help? (for example, a wireless phone being able to receive EAS if the cellular infrastructure is damaged).
What levels of accuracy are needed for geographically targeting alerts? Are there future technologies that can better provide more precision geotargeting on alerts (both in the EAS and WEA contexts)?
Are there any additional authentication, validation or security measures that EAS and WEA should be designed to incorporate to prevent false alerts and other access from bad actors?
Information conveyed to the public and how they receive alerts
The wireless industry supports 5 mandatory elements in WEA messages: the type of hazard event, the geographic area affected, recommended protective action, the expiration of the alert and identification of the sending agency. Should EAS also be designed to support this?
The FCC is inquiring on whether they should be looking at expanding EAS beyond radio and television stations to other consumer devices.
And the general questions
Does EAS meet the needs and expectations of both the public and alerting authorities? Is EAS still useful? Does EAS need to be redesigned to better reach its objectives? Are there aspects of EAS that exist today that should be eliminated?
There are many other questions and inquiries in this notice. This is a proceeding that REC will definitely be participating in.
DIRS Modernization
DIRS is the Disaster Information Reporting System. DIRS is an FCC system that is activated in response to certain major disasters where telecommunications infrastructure may be compromised. It is used by federal, state and local authorities to determine the impacts and the progress of resumption, including identifying the areas needing assistance. While DIRS is mandatory for telecommunications service providers, it is completely optional for broadcasters.
In the NPRM, the only real issue that relates to broadcast stations is a proposal to reduce the number of fields on the form for which information needs to be entered. (See Appendix E of the linked document) This has always been one of REC’s long time concerns about DIRS that we had stated on the record.
There is no proposal to make DIRS mandatory for broadcasters and REC, while we encourage participation, we oppose any mandates, especially for stations that are not part of the EAS hierarchy.
Direct Final Rule to Delete Certain Broadcasting Regulations
REC has already received some concerns about the FCC taking any action that does not include a full comment and reply comment period. The Administrative Procedure Act does allow the FCC to make such deletions if the rules are considered as “unnecessary”. The rules that are proposed to be deleted regulate obsolete technology, are no longer used by the FCC in practice or are otherwise outdated and unnecessary. There will be a 10-day public comment period before the FCC declares these proposed deleted rules to be considered as “unnecessary” in the event that any “significantly adverse” comments are received as to why they should not be deleted. These are the rules being considered for deletion:
Subscription television systems: Delete Part 2, Subpart M in its entirety (there’s only one rule section). This rule relates to television stations that operate scrambled subscription programming. This is an analog era rule that goes back to the days of ON-TV where the broadcast is only available if you have a decoder. This practice is no longer done in over the air television.
Indicating Instruments: Delete §§ 73.58 (AM radio), 73.258 (commercial FM), 73.558 (NCE FM) and 73.688 (TV). This rule requires that transmitters be equipped with meters that show radio frequency current, voltage or power. This rule is pretty much obsolete due to modern transmitters that use digital multi-function displays and online methods in order to provide information on the transmitter’s performance.
Stereophonic Sound Broadcasting: Delete §§ 73.297 (commercial FM) and 73.597 (NCE FM), which simply states that stations do not need special authority to operate stereo and that stations running stereo must measure the pilot subcarrier frequency as often as necessary. Modern advancements in transmitters already address this.
International Broadcast (Shortwave) Stations: Delete several definitions in §73.701 relating to transmitter hours, multiple operation, sunspot numbers, maximum usable and optimum working frequencies. Delete portions of §73.702 regarding requests for frequency hours, the ability to operate multiple operation (operating on more than one frequency at a time) and limits on frequency hours (which is no longer enforced). Delete portions of §73.713 which remind stations that operate in program test authority that they must operate in accordance to their application and that program test does not equate to license approval. Delete §73.760 that relates to alternate main transmitters and §73.765 that requires the use of a calibrated dummy load for determining operating power. All either obsolete technology and methods no longer practiced at the agency.
Cross references to past orders, opinions and other binding decisions: Deleting all rules sections between §§73.4000 and 73.4280 which are merely cross references to past FCC decisions (in the FCC Record and predecessor publications) on an entire plethora of things. The actual underlying policies are still in effect pursuant to past Commission precedence and are cited through the FCC Record or predecessor. These references in the codified rules have been in there for decades as merely a cross reference on where to find things. With the Commission’s EDOCS system, information on the Media Bureau’s website, the simple FCC Record Search Tool at REC Networks and through subscription legal research services such as Lexis Nexis and Westlaw, these cross references are no longer really necessary.
Of the items that are being proposed for deletion, REC finds no substantially adverse reason why any of these rules should be retained. This is simple housekeeping that can meet the current Administration’s goals of reducing federal regulations while not making any substantial changes in the way that broadcast stations operate.
Once these items are adopted, comment and reply comment dates will be announced once they are published in the Federal Register.