§ 10.250   Notification to existing 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 existing
   subscribers of its non-election or partial election to provide Alert
   messages by means of an announcement amending the existing subscriber's
   service agreement.

   (b) For purposes of this section, a CMS provider that elects not to
   transmit WEA Alert Messages, in part or in whole, shall use the
   notification language set forth in § 10.240 (c) or (d) respectively,
   except that the last line of the notice shall reference FCC Rule 47 CFR
   10.250, rather than FCC Rule 47 CFR 10.240.

   (c) In the case of prepaid customers, if a mailing address is
   available, the CMS provider shall provide the required notification via
   U.S. mail. If no mailing address is available, the CMS provider shall
   use any reasonable method at its disposal to alert the customer to a
   change in the terms and conditions of service and directing the
   subscriber to voice-based notification or to a Web site providing the
   required notification.

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

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