FCC Locks Down Emergency Alert System; OPM Mandates e-Filing for Federal FLSA Claims

FCC: Final Cybersecurity Rules for the Emergency Alert System

The Federal Communications Commission adopted a Report and Order — in PS Docket Nos. 22-329 and 25-224, FCC 26-38 — on June 25, 2026, and released it on June 29, 2026, requiring targeted cybersecurity improvements to the Emergency Alert System (EAS). The rule is effective September 29, 2026, and amends 47 CFR 11.

The order's stated purpose, as the document describes it, is to preserve the public's trust in the EAS by protecting against hijacking by cybercriminals and the nation's adversaries. The Commission reached this order after first seeking comment, in the Alerting Modernization NPRM, on three core goals for the nation's alerting systems: that they provide authorities the ability to rapidly notify the public of emergencies; that they be capable of delivering instructions to protect life and property; and that they provide a mechanism for government officials to communicate authoritatively with the public before, during, and after an emergency. According to the order, commenters — including the Alliance for Telecommunications Industry Solutions (ATIS), the Competitive Carriers Association (CCA), North Carolina Emergency Management, the National Weather Service, and others — generally agreed those three goals should be the overarching objectives of the nation's alert and warning systems.

The Commission determined the rule is non-major under the Congressional Review Act, and will send a copy to Congress and the Government Accountability Office. The order does not contain proposed information collections subject to the Paperwork Reduction Act of 1995. The Commission prepared a Final Regulatory Flexibility Analysis regarding the rule's possible impact on small entities.

FCC: Proposed Rules to Further Modernize EAS and Wireless Emergency Alerts

Accompanying the final rule, the FCC also adopted a Further Notice of Proposed Rulemaking (FNPRM) — in PS Docket Nos. 15-91, 15-94, and 25-224, FCC 26-38, also adopted June 25, 2026, and released June 29, 2026 — seeking comment on additional proposed rules intended to make the EAS and Wireless Emergency Alerts (WEA) more resilient, flexible, and useful. The FNPRM amends 47 CFR 0, 47 CFR 10, and 47 CFR 11. Comments are due on or before August 31, 2026, and reply comments are due on or before September 29, 2026.

A central proposal in the FNPRM is to require EAS Participants — defined in the document as radio and television stations, cable television systems, satellite radio and video services, and other entities required to participate in the EAS — to reject Common Alerting Protocol (CAP) EAS messages that do not include a valid digital signature. The document explains the mechanism: digital signatures work by encrypting a hash or "fingerprint" of data with a private encryption key known only by the signer, while the corresponding public key — made publicly or semi-publicly available — can decrypt a message encrypted using the private key, thereby ensuring that a message is authentic. The document states that while the security measures required by the accompanying Report and Order are necessary to prevent bad actors from exploiting poor security hygiene by EAS Participants, they are not sufficient to prevent the nation's adversaries from originating false alerts, which is the stated rationale for the additional digital-signature proposal.

The proceeding is designated "permit-but-disclose" under the Commission's ex parte rules, 47 CFR 1.1200 et seq. The FNPRM may contain proposed new or modified information collection requirements, and the Commission invites the public and OMB to comment on those under the Paperwork Reduction Act of 1995. The Commission also seeks specific comment on how to reduce information collection burdens for small businesses with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002.

OPM: Electronic Filing Mandate for Federal FLSA Claims

The Office of Personnel Management is issuing a direct final rule updating 5 CFR part 551, subpart G, which prescribes procedures for Fair Labor Standards Act (FLSA) claims that may be filed with and decided by OPM pursuant to 29 U.S.C. 204(f). The rule is effective September 29, 2026, unless significant adverse comment is submitted by August 31, 2026, in which case OPM will publish a timely withdrawal in the Federal Register.

The document explains that 29 U.S.C. 204(f) gives OPM the authority to administer the Act's provisions for most Federal civilian employees, including FLSA exemption status determinations, claims for minimum wage or overtime pay, and complaints arising under the child labor provisions. Claims administered by other agencies pursuant to specific statutory authority, claims subject to negotiated grievance procedures under collective bargaining agreements that do not exclude FLSA matters, and claims already filed in a court of competent jurisdiction are not subject to these provisions.

The rule's primary mechanism is the mandate to use OPM's newly developed electronic filing (eFile) system for all appeals and claims, replacing submission by postal mail or email. The document states this change is intended to allow for faster receipt, facilitating OPM's processing and review. Alongside the eFile requirement, the rule requires claims to include a verifiable signature (such as a wet or digital signature), the employing agency name, and the claimant's email address — information the rule states will allow efficient review and facilitate communication with the appropriate people.

The rule also removes outdated information from the regulations, including an inaccurate OPM office name, mailing address, and facsimile number. OPM states the rule does not change who is eligible to file a claim, the substantive bases on which a claim may be brought, the applicable time limits, the evidence required, or the standards OPM applies in adjudicating claims. To ensure the procedural change does not impede any claimant's ability to file, the rule preserves an exemption process — at § 551.710(b)(7) — under which OPM may authorize an alternative method of filing for a party or representative who cannot reasonably file electronically.

OPM notes that it currently accepts claims submitted by mail and email, and that claims already in process will continue to be processed outside of the new eFile system. OPM is issuing the rule as a direct final rule on the basis that it is a rule of agency organization, procedure, or practice, exempt from prior notice-and-comment requirements under 5 U.S.C. 553(b)(A).

What to Watch

• August 31, 2026: Deadline for significant adverse comments on the OPM direct final rule; also the deadline for initial comments on the FCC's FNPRM on EAS and WEA modernization.
• September 29, 2026: Effective date for both the OPM FLSA e-filing rule and the FCC EAS cybersecurity final rule; also the deadline for reply comments on the FCC FNPRM. Claims submitted to OPM on or after September 29, 2026, must comply with the amended requirements; claims filed before that date will be processed under requirements in effect at the time of submission or postmark.

Related

• Civic AI hub
• Five Federal Agencies Seek Public Comment on Information Collection Renewals Across Agriculture, Environment, and Marine Science
• NCUA Bans Reputation Risk in Supervision; FDA Files Flour Irradiation Petition
• Education Dept. Extends Funding for 43 American Indian Vocational Rehabilitation Projects Through Sept. 2027