§  10.240   Notification to New Subscribers of Non-Participation in CMAS.

   (a) A CMS provider that elects not to transmit CMAS 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).