STAND. COM. REP. NO. 3395

Honolulu, Hawaii

RE: S.C.R. No. 26

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.C.R. No. 26 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE FEDERAL COMMUNICATIONS COMMISSION TO ESTABLISH REGULATIONS TO REQUIRE ALL CELLULAR PHONES TO RECEIVE EMERGENCY ALERTS WITHOUT AN OPTION TO OPT OUT OF RECEIVING EMERGENCY ALERT MESSAGES AND WITHOUT ANY ADDED COSTS TO SERVICE PLANS,"

begs leave to report as follows:

The purpose and intent of this measure is to request the Federal Communications Commission to establish regulations to require all cellular phones to receive wireless emergency alerts without an option to opt out of receiving emergency alert messages and without any added costs to service plans.

Your Committee received testimony in support of this measure from the O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i.

Your Committee finds that a reliable and timely communication system must be in place for disseminating information to the public about matters of national and local concern, including natural disasters, severe weather, and other local civic emergencies. The events of January 13, 2018, where the Hawaii Emergency Management Agency erroneously dispatched an incoming ballistic missile warning alert to citizens and visitors across the State, revealed a critical flaw in the emergency warning system. Although the warning sent that day was a mistake, some citizens and visitors received neither the warning nor the subsequent false alarm message on their cellular phones. This occurred because cellular phone owners are able to opt out of receiving certain wireless emergency alerts. Your Committee finds that allowing cellular phone owners the capability to opt out of these critical warnings creates a dangerous and unnecessary risk for the public. This measure therefore requests that the Federal Communications Commission establish regulations to require all cellular phones to receive wireless emergency alerts without an option to opt out of receiving these emergency alert messages and without any added costs to service plans.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 26 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

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ROSALYN H. BAKER, Chair