Department of Homeland Security Issues Guidance on “Essential Workers” During COVID-19 Pandemic

The Cyber and Infrastructure Security Agency (CISA), an agency within the Department of Homeland Security (DHS), has issued several documents that may assist broadcasters seeking to access facilities and locations that are restricted pursuant state or local curfews, “shelter-in-place” and other directives intended to help slow the spread of the novel coronavirus. Early last week, CISA issued two letters stating that the bearer of the letter must be able to travel to and access necessary infrastructure facilities during curfews and restricted travel periods in order to prevent loss of service or restore of critical communications services; and must receive priority access to fuel to execute these activities and for the operation of generators and response fleet vehicles to prevent communications outages. These letters may be found in NAB’s Coronavirus Response Toolkit.

Subsequently, the director of CISA issued a memorandum setting forth an initial list identifying “Essential Critical Infrastructure Workers” to “help State and local officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. The list can also inform critical infrastructure community decision-making to determine the sectors, sub-sectors, segments, or critical functions that should continue normal operations, appropriately modified to account for CDC workforce and customer protection guidance.” Among other communications sector workers, the list includes “Workers who support radio, television, and media service, including, but not limited to front line news reporters, studio, and technicians for newsgathering and reporting.”

In both the access letters and the memorandum, CISA makes clear that that state, local, tribal and territorial governments are ultimately in charge of implementing and executing response activities in communities under their jurisdiction, while the federal government is in a supporting role. CISA offers this guidance to assist state and local authorities in prioritizing activities related to ensuring continuity of operations and incident response. CISA’s guidance is advisory in nature and not a federal directive or standard. In the end, final discretion whether to grant access to broadcast facilities and other locations rests with state and local emergency management authorities.

Broadcasters are encouraged to coordinate with their state or local authorities regarding their need to access facilities and other locations in order to continue providing critical emergency information to their viewers and listeners.