Court Won't Force Broadcasters to Translate Emergency Alerts

The US Court of Appeals for the DC Circuit has said the Federal Communications Commission was within its authority to seek more input before deciding whether or not to require broadcasters to simulcast emergency alert information in other languages than English. The Multicultural Media, Telecom & Internet Council and the League of United Latin American Citizens and League of Latin American Citizens had challenged that FCC decision, both on statutory grounds and as arbitrary and capricious.

The three-judge panel, with one partial dissent, rejected the appeal, concluding that the FCC's decision not to mandate bilingual simulcasts and instead gather more information was consistent with statute, "reasonable and reasonably explained." "Alert originators can (and sometimes do) compose and transmit alerts in languages in addition to English. And broadcasters in those circumstances then automatically broadcast the alerts in those other languages as well," wrote Judge Brett Kavanaugh in the opinion. "But as petitioners concede, the FCC lacks authority over alert originators and therefore cannot compel alert originators to transmit alerts in languages in addition to English."