§  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) In matching the target area, Participating CMS Providers may not
   limit the availability of 360 characters for the Alert Message text.

   [ 81 FR 75726 , Nov. 1, 2016, as amended at  83 FR 8623 , Feb. 28, 2018]