Cable Emergency Alert Ltr FCC
City Manager's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 phone
(563) 589-4149 fax
ctymgr@cityofdubuque,org
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October 19, 2004
Honorable Michael Powell
Chairman
Federal Communications Commission
445 12th Street SW
Washington D.C. 20554
Re:
Review of the Emergency Alert System, EB Docket No. 04-296
Dear Chairman Powell:
For the past twenty-three years, the City of Dubuque, Iowa, has relied upon local
emergency alert systems provided by its cable television operators to alert our citizens
to local emergencies not otherwise carried by regional alert systems such as the
Federal EAS. In our part of the country, such threats to life and property may include
the release of anhydrous ammonia or other toxic agricultural chemicals as a result of a
traffic accident, a Mississippi River barge accident or a large fire. They may include
dangerous flooding of local streams or of the Mississippi itself. They may include
obstructed streets, downed power lines, or other specific problems or continuing local
threats following a severe weather event. On several past occasions, we have used our
cable emergency alert system to relay instructions to Dubuque residents during the
temporary loss of 911 telephone service, and even to assist in the call-up of off-duty
police and fire personnel in a very large fire. With the nearest "local" broadcast
television news outlets at least sixty miles away in larger population centers, and with
significant local circumstances and environmental factors, (such as the nation's largest
navigable river at our front door), our cable emergency alert system has proven
invaluable on occasions when broadcast television news operations only reported our
emergencies after the threats had ended.
Over the years, the FCC has steadfastly supported local cable emergency alert systems
such as ours as others have sought pre-emption of them. Now, we understand from the
recent Notice of Proposed Rulemaking that you may be considering a reversal of this
long-standing position as you craft a new national alert system. There appears, at least
at this stage, no recognition of the need, in the proper context within national alert
planning, for our continued capability to directly alert our local residents without the
intervention of a third party in the event of a local emergency.
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Honorable Michael Powell
October 19, 2004
Page 2
We are advised that the FCC does not have the authority to pre-empt local emergency
alert systems provided in cable franchises, yet we recognize the importance of
coordinating and simplifying the process of alerting Americans nationally, regionally and
locally of imminent threats to which they should respond.
Please do not pre-empt local cable emergency alert systems as you design and
implement a new national alert system. Please assure that whatever system or
combination of systems result from this rulemaking provide for direct participation and
activation by local authorities in local emergencies.
Sincerely,
Michael C. Van Milligen
City Manager
MCVM:mc
cc: Senator Charles Grassley
United States Senate
135 Hart Office Building
Washington, DC 20510-1501
Senator Tom Harkin
United States Senate
731 Hart Building
Washington, DC 20510
Congressman Jim Nussle
303 Cannon House Office Building
Washington, DC 20515-1502
Commissioner Kathleen Q. Abernathy
Federal Communications Commission
445 12th Street SW
Washington D.C. 20554
Commissioner Michael J. Copps
Federal Communications Commission
445 12th Street SW
Washington D.C. 20554
Honorable Michael Powell
October 19, 2004
Page 3
Commissioner Kevin J. Martin
Federal Communications Commission
445 12th Street SW
Washington D.C. 20554
Commissioner Jonathan S. Adelstein
Federal Communications Commission
445 12th Street SW
Washington D.C. 20554
Secretary
Federal Communications Commission
445 12th Street SW
Washington D.C. 20554
Ms. Marilyn Mohrman-Gillis
Director of Policy and Federal Relations
National League of Cities
1301 Pennsylvania Avenue NW
Suite 550
Washington D.C. 20004
Ms. Elizabeth Beaty
Executive Director
NATOA
1800 Diagonal Road
Suite 495
Alexandria, VA 22314
Mr. Jeffrey Arnold
Deputy Legislative Director
National Association of Counties
440 First Street, NW.
8th Floor
Washington DC 20001
Mr. Ron Thaniel
Assistant Executive Director
U.S. Conference of Mayors
1620 I Street
Fourth Floor
Washington, DC 20006