[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9569 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9569
To direct the Federal Communications Commission to issue rules for the
provision of emergency connectivity service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2022
Mr. Johnson of Ohio (for himself and Ms. Schrier) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the Federal Communications Commission to issue rules for the
provision of emergency connectivity service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced, Local Emergency Response
Telecommunications Parity Act'' or the ``ALERT Parity Act''.
SEC. 2. EMERGENCY CONNECTIVITY SERVICE.
(a) Rulemaking Required.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall issue rules for
the provision of emergency connectivity service under which--
(A) a person may submit to the Commission an
application for approval to provide such service to an
area--
(i) that is an unserved area with respect
to either or both services described in
subsection (g)(5)(B); or
(ii) in the event that such area becomes an
unserved area with respect to either or both
such services due to destruction of
infrastructure, a power outage, or any other
reason; and
(B) for any period during which such approval is in
effect and such area is an unserved area, such person
will receive access to electromagnetic spectrum under
subsection (d) to provide emergency connectivity
service to such area.
(2) Deadline to initiate rulemaking.--The Commission shall
initiate a rulemaking to issue the rules required by paragraph
(1) not later than 180 days after the date of the enactment of
this Act.
(b) Certifications.--In the rules issued under subsection (a), the
Commission shall require a person who submits an application under such
rules to provide emergency connectivity service, in order for such
application to be approved, to certify to the Commission the following:
(1) Such person has a technical proposal describing how
such person plans to provide such service.
(2) Such person will not use any electromagnetic spectrum
to which access is made available under subsection (d) to
provide any service other than emergency connectivity service,
unless such other service is provided under a separate
authorization to use such spectrum held by such person.
(3) Such service can withstand the impact of major natural
disasters, such as earthquakes, hurricanes, wildfires, floods,
blizzards, and tornados.
(4) Such person has the capability to begin providing such
service in a rapid manner--
(A) in the case of an application to provide
emergency connectivity service to an area that is an
unserved area at the time at which the application is
submitted, after the approval of the application; or
(B) in the case of an application to provide
emergency connectivity service to an area in the event
that such area becomes an unserved area due to
destruction of infrastructure, a power outage, or any
other reason, after such area becomes an unserved area.
(c) Publication of List of Providers.--The Commission shall publish
on the internet website of the Commission a list of all providers of
emergency connectivity service for which an approval is in effect to
provide such service under the rules issued under subsection (a).
(d) Access to Electromagnetic Spectrum.--The Commission shall
include in the rules issued under subsection (a) service rules that
make available, to a provider of emergency connectivity service for
which an approval to provide such service to an unserved area is in
effect under the rules issued under such subsection, access to
electromagnetic spectrum to provide such service to such area, to the
extent such provider needs such access to provide such service. Such
service rules shall provide that use of electromagnetic spectrum under
such service rules may not cause harmful interference to the use of
such spectrum by a licensee who holds a license to use such spectrum.
(e) Areas Unserved With Respect to Both Services.--In the case of
an area that is an unserved area with respect to both services
described in subsection (g)(5)(B), the rules issued under subsection
(a) shall require that, if a provider for which an approval to provide
emergency connectivity service to such area is in effect under such
rules chooses to provide emergency connectivity service to such area,
such provider shall provide both services described in subsection
(g)(5)(B) to such area.
(f) Limitation of Liability.--
(1) Transmission of alert messages.--Section 602(e)(1) of
the Warning, Alert, and Response Network Act (47 U.S.C.
1201(e)(1)) shall apply to a provider of emergency connectivity
service (including its officers, directors, employees, vendors,
and agents) with respect to the provision of such service (to
the extent such service consists of the provision of the
service described in subsection (g)(5)(B)(i)) in accordance
with the rules issued under subsection (a), as if such provider
were a provider of commercial mobile service that transmits
alert messages and meets its obligations under such Act.
(2) Provision of 9-1-1 service.--
(A) In general.--Section 4 of the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C.
615a) is amended--
(i) in subsection (a)--
(I) by inserting ``emergency
connectivity service provider,'' after
``IP-enabled voice service provider,'';
and
(II) by inserting ``emergency
connectivity service,'' after
``emergency services,'';
(ii) in subsection (b)--
(I) by striking ``IP-enabled voice
service or'' and inserting ``IP-enabled
voice service, emergency connectivity
service, or''; and
(II) by inserting ``emergency
connectivity service,'' after ``IP-
enabled voice service,''; and
(iii) in subsection (c), by inserting
``emergency connectivity service,'' after ``IP-
enabled voice service,'' each place it appears.
(B) Definitions.--Section 7 of the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C.
615b) is amended by adding at the end the following:
``(11) Emergency connectivity service.--The term `emergency
connectivity service' has the meaning given such term in
paragraph (5) of section 2(g) of the Advanced, Local Emergency
Response Telecommunications Parity Act, to the extent such
service consists of the provision of the service described in
subparagraph (B)(ii) of such paragraph.
``(12) Emergency connectivity service provider.--The term
`emergency connectivity service provider' means a person who
provides emergency connectivity service in accordance with the
rules issued under section 2(a) of the Advanced, Local
Emergency Response Telecommunications Parity Act.''.
(g) Definitions.--In this section:
(1) Alert message.--The term ``alert message'' has the
meaning given such term in section 10.10 of title 47, Code of
Federal Regulations (or any successor regulation).
(2) Commercial mobile service.--The term ``commercial
mobile service'' has the meaning given such term in section
332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Covered device.--The term ``covered device'' means--
(A) a mobile device; or
(B) any other device that is capable of--
(i) receiving alert messages; and
(ii) providing emergency information to a
public safety answering point (which may
include enhanced 9-1-1 service).
(5) Emergency connectivity service.--
(A) In general.--The term ``emergency connectivity
service'' means a service--
(i) to which covered devices are capable of
connecting--
(I) without any technical
capability specific to such service;
and
(II) regardless of whether
commercial mobile service or any other
service is initialized on the device;
and
(ii) that consists only of the provision of
a service described in subparagraph (B) to an
area that is an unserved area with respect to
such service, which shall include the provision
of both such services if such area is an
unserved area with respect to both such
services.
(B) Services described.--The services described in
this subparagraph are the following:
(i) Transmitting alert messages to covered
devices.
(ii) Providing emergency information from a
covered device to a public safety answering
point (which may include enhanced 9-1-1
service).
(6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1
service'' has the meaning given such term in section 7 of the
Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615b).
(7) Mobile device.--The term ``mobile device'' has the
meaning given such term in section 10.10 of title 47, Code of
Federal Regulations (or any successor regulation).
(8) Public safety answering point.--The term ``public
safety answering point'' has the meaning given such term in
section 7 of the Wireless Communications and Public Safety Act
of 1999 (47 U.S.C. 615b).
(9) Unserved area.--The term ``unserved area'' means, with
respect to a service described in paragraph (5)(B), an area
that, due to lack of infrastructure, destruction of
infrastructure, a power outage, or any other reason, has no
provider of commercial mobile service that is capable of
providing such service.
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