§ 10.240   Notification to new subscribers of non-participation in WEA.

   (a) A CMS provider that elects not to transmit WEA Alert Messages, in part
   or in whole, shall provide clear and conspicuous notice, which takes into
   account the needs of persons with disabilities, to new subscribers of its
   non-election  or  partial  election  to  provide Alert messages at the
   point-of-sale.

   (b)  The  point-of-sale  includes stores, kiosks, third party reseller
   locations, web sites (proprietary or third party), and any other venue
   through which the CMS provider's devices and services are marketed or sold.

   (c)  CMS providers electing to transmit alerts “in part” shall use the
   following notification:

   NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial
   Mobile Alert Service)

   [[CMS  provider]] has chosen to offer wireless emergency alerts within
   portions of its service area, as defined by the terms and conditions of its
   service agreement, on wireless emergency alert capable devices. There is no
   additional charge for these wireless emergency alerts.

   Wireless emergency alerts may not be available on all devices or in the
   entire service area, or if a subscriber is outside of the [[CMS provider]]
   service area. For details on the availability of this service and wireless
   emergency alert capable devices, please ask a sales representative, or go to
   [[CMS provider's URL]].

   Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service).

   (d) CMS providers electing in whole not to transmit alerts shall use the
   following notification language:

   NOTICE TO NEW AND EXISTING SUBSCRIBERS REGARDING TRANSMISSION OF WIRELESS
   EMERGENCY ALERTS (Commercial Mobile Alert Service)

   [[CMS provider]] presently does not transmit wireless emergency alerts.
   Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service).

   [ 73 FR 54525 , Sept. 22, 2008, as amended at  78 FR 16807 , Mar. 19, 2013]

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