September 29, 2020 - Issue: Vol. 166, No. 169 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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PRESERVING HOME AND OFFICE NUMBERS IN EMERGENCIES ACT OF 2020; Congressional Record Vol. 166, No. 169
(House of Representatives - September 29, 2020)
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[Pages H4971-H4973] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] PRESERVING HOME AND OFFICE NUMBERS IN EMERGENCIES ACT OF 2020 Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1289) to amend the Communications Act of 1934 to provide for a moratorium on number reassignment after a disaster declaration, and for other purposes, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 1289 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 ``Preserving Home and Office Numbers in Emergencies Act of 2020'' or the ``PHONE Act of 2020''. SEC. 2. MORATORIUM ON NUMBER REASSIGNMENT AFTER DISASTER DECLARATION. (a) In General.--Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended by adding at the end the following: ``(4) Moratorium on number reassignment after disaster declaration.-- ``(A) In general.--In the case of a number assigned to a subscriber for the provision of fixed wireline voice service at a location in a designated area during a covered period-- ``(i) the number may not be reassigned, except at the request of the subscriber; and ``(ii) the assignment of the number may not be rescinded or otherwise modified, except at the request of the subscriber. ``(B) Extension at request of subscriber.--During the covered period, at the request of a subscriber described in subparagraph (A), the prohibition in subparagraph (A) shall be extended for the number for 1 year after the date on which the covered period expires. ``(C) Subscriber right to cancel and resubscribe.-- ``(i) In general.--In the case of a number described under subparagraph (A) or (B), if the subscriber assigned to such number demonstrates to the provider of the service (or, under subclause (II), any other provider of fixed wireline voice service that serves the local area) that the residence where the number is located is inaccessible or uninhabitable-- ``(I) the provider may not charge the subscriber an early termination or other fee in connection with the cancellation of such service, if cancelled during the covered period or the extension of the period described in subparagraph (B); and ``(II) if the subscriber cancels the service during the covered period or the extension of the period described in subparagraph (B), the provider (or any other provider of fixed wireline voice service that serves the local area)-- ``(aa) shall permit the subscriber to subscribe or resubscribe, as the case may be, to fixed wireline voice service with the number at the residence or at a different residence (if such number is available in the location of such different residence); and ``(bb) may not charge the subscriber a connection fee or any other fee relating to the initiation of fixed wireline voice service. ``(ii) Cancellation without demonstration of inaccessibility or uninhabitability.--If a subscriber cancels the provision of service assigned to a number described in subparagraph (A) or (B) and does not demonstrate to the provider of such service that the residence where [[Page H4972]] the number is located is inaccessible or uninhabitable as described under clause (i), the number is no longer subject to the prohibition under subparagraph (A) or (B). ``(D) Identification on commission website.--The Commission shall publicly identify on the website of the Commission each designated area that is in a covered period, not later than 15 days after the submission of a public designation by a State under subparagraph (E)(iii) with respect to such area. In identifying a designated area under subparagraph (E)(iii), a State shall consult with providers of fixed wireline voice service that serve such area and coordinate with the Federal Emergency Management Agency to reasonably limit the designated area to areas that have sustained covered damage. ``(E) Definitions.--In this paragraph: ``(i) Covered damage.--The term `covered damage' means, with respect to an area-- ``(I) damage that renders residences in such area inaccessible or uninhabitable; or ``(II) damage that otherwise results in the displacement of subscribers from or within such area. ``(ii) Covered period.--The term `covered period' means a period that-- ``(I) begins on the date of a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to a designated area; and ``(II) ends on the date that is 1 year after such date. ``(iii) Designated area.--The term `designated area' means a geographic area for which a State has submitted a public designation to the Commission, within 15 days after a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to such area, stipulating that the State has determined that-- ``(I) covered damage was sustained in such area; and ``(II) the prohibitions described in this paragraph are necessary and in the public interest. ``(iv) Voice service.--The term `voice service' has the meaning given the term `voice service' in section 227(e)(8).''. (b) Amendment of FCC Rules Required.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall amend its rules to reflect the requirements of paragraph (4) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a). (c) Applicability.--Paragraph (4) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a), shall apply with respect to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date that is 180 days after the date on which the Commission announces that the Commission is capable of publicly identifying a designated area on the website of the Commission under subparagraph (D) of such paragraph (4). The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New Jersey (Mr. Pallone) and the gentleman from Oregon (Mr. Walden) each will control 20 minutes. The Chair recognizes the gentleman from New Jersey. General Leave Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous materials on H.R. 1289. The SPEAKER pro tempore. Is there objection to the request of the gentleman from New Jersey? There was no objection. {time} 1245 Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume. I rise in strong support of Representative Thompson's legislation, H.R. 1289, the Preserving Home and Office Numbers in Emergencies Act of 2019, or the PHONE Act. Mr. Speaker, after the Atlas and Tubbs fires in October 2017 in northern California, Representative Thompson's constituents returned to what was left of their homes. In the rebuilding process, many of them were frustrated to learn that their phone numbers, which they had had for years, had been given away by the phone company. It was as if their phone number, of all things, went up in smoke with the rest of their lifelong possessions. This issue just continues to grow as natural disasters like fires and hurricanes have become all too common and more severe as a result of climate change. So, just this past weekend, hundreds of homes in Napa and Sonoma Counties had to be evacuated because of another fast-moving fire, and this bill aims to fix the problems that relate to phone numbers during these crises. First, if the President has issued a major disaster declaration, and a Governor has designated an area to the Federal Communications Commission under the PHONE Act, the phone numbers in that designated area cannot be reassigned for 1 year. Second, if a consumer needs more time, this legislation allows them to get another yearlong extension. We know this is important because, in some disasters, like Superstorm Sandy in my district, for example, the home-rebuilding process took, in some cases, over 6 years. Third, the legislation would allow consumers whose homes are inaccessible or uninhabitable to cancel their service without a cancelation fee or resubscription fee when they get phone service somewhere else in the area during that covered period. Now, I am glad we could reach an agreement with our Republican colleagues on this part of the bill to ensure this policy makes sense in practice. This was a compromise, and, therefore, I know there are some things that they would do differently. At the same time, there are a few things that we on this side of the aisle may have done differently. But with this compromise, this policy is simple yet, I believe, powerful. In the age of robocalls, dialing our friends and loved ones from phone numbers we have always had is how we get through. A lot of people simply will not pick up the phone if they don't recognize the phone number, and that is why this legislation is so important. The legal effect and intent of this bill are designed purposely to be narrow, but it plugs a small gap in the law, which will mean the world to the consumers who will have one less thing to worry about as they face rebuilding in the aftermath of a devastating natural disaster. Again, I want to thank Representatives Thompson and Rooney for their bipartisan leadership on this bill. The PHONE Act is a commonsense bill, and I urge my colleagues to support it. Mr. Speaker, I reserve the balance of my time. Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 1289, the PHONE Act. Now, this legislation will ensure that Americans who lose their homes during a wildfire or other natural disaster do not also have to worry about losing their home phone numbers. As we have seen recently from the tragic wildfires that have ravaged communities in California and my home State of Oregon, these disasters can destroy everything in their path, often with little notice. No matter how resilient a home or communications tower might be, you cannot regulate your way out of a fire's burning path. When a natural disaster occurs, the Federal Emergency Management Agency, FEMA, is activated to provide emergency housing assistance and other resources. If your house burns to the ground, the last thing you should have to worry about is whether or not your landline phone number will be available to you when you do return. Yet, that is what happens. Many people, especially seniors, rely on their landline to stay connected to their family, their doctor, or others. Thankfully, the Federal Communications Commission already has a process to prevent victims of natural disasters from losing their landline numbers. The FCC uses its authority, and did this as recently as last week for northern California and Oregon, to waive rules and regulations that require landline phone numbers to return to the pool of available numbers when a home is completely destroyed by a natural disaster. So what this bill does is codify the process and seeks to make several improvements. During the committee process, Republicans sought changes to this bill to ensure it does not upend the current procedure, so no consumers will be left in the lurch. This type of relief should only apply to areas where significant physical damage has occurred to render a home inhabitable, as is the objective of the bill. We worked for the inclusion of FEMA in the notification process and have stated our concerns that FEMA should still play a large role in determining which households have sustained damage in an affected county. Now, this did receive some pushback from the majority, and we should defer to the assessment of FEMA, the experts on the ground, before these proceedings go into effect. Ultimately, the majority on the committee accepted many of our changes [[Page H4973]] to make sure this legislation is beneficial to consumers, and the bill was passed unanimously by the committee. Mr. Speaker, I support this measure moving forward, and I reserve the balance of my time. Mr. PALLONE. Mr. Speaker, once again, I yield such time as he may consume to the gentleman from California (Mr. McNerney). Mr. McNERNEY. Mr. Speaker, I rise today in support of H.R. 1289, the PHONE Act. As we stand here today, two new, fast-moving wildfires, the Glass and the Zogg fires, are blazing through my home State of California. Thousands of people had to evacuate their homes yesterday as a result of the fires, some of them in the middle of the night. Since the beginning of this year, there have been over 8,100 wildfires that have burned well over 3.7 million acres in California alone. Nearly every part of the State has been ravaged by wildfires this year, and we are now only starting to approach what has historically been the most deadly and destructive part of wildfire season. Worrying about deadly wildfires spreading quickly is the new norm that my constituents now live in, and worrying about whether they will have to evacuate their homes is part of this new norm. Because of this legislation that we are considering today, the PHONE Act, which I am proud to cosponsor, my constituents, Californians, and Americans across the country who are impacted all too frequently now by natural disasters due to climate change will have to worry about one less thing when they are forced to evacuate their homes, and that is the ability to keep their phone numbers. Under this legislation, communications providers will be prohibited from reassigning phone numbers of customers in areas covered by major natural disasters and declared disasters for the duration of the declaration, and that period may be extended. The bill would also prohibit providers from assessing early termination fees to cancel service or connection fees to resubscribe at a new address for subscribers whose residence is inaccessible or uninhabitable due to a major disaster. There is so much that wildfire victims have to worry about. We need to move quickly to ensure that the PHONE Act is signed into law, so there is one less thing on their plate. It may not seem like a big deal, but if you lose your home, keeping the phone number will be an emotionally safe place. Losing your phone number after a disaster just adds insult to injury. I want to thank my colleague from California, Mr. Mike Thompson, for his work in creating this legislation. I urge my colleagues to support this legislation. Mr. WALDEN. Mr. Speaker, I have no further speakers on this matter. I would encourage my colleagues on both sides of the aisle to support the PHONE Act, and I yield back the balance of my time. Mr. PALLONE. Mr. Speaker, I will do the same. I urge support of this legislation, and I yield back the balance of my time. Mr. THOMPSON of California. Mr. Speaker, I rise today in strong support of the bipartisan PHONE Act, a bill I started working on more than two years ago. The PHONE Act is an example of listening to our constituents who have been survivors of a natural disaster and using the power of legislation to address the aftermath. After the devastating 2017 wildfires, one of my constituents contacted my office to let us know of a problem unique to natural disasters. My constituent was one of more than 6,000 households who lost a home or business to the wildfire. This family was a long-time part of our community and they wanted to rebuild. What they learned was that, during the rebuilding process, they would lose the phone number they had for years. This may seem like something small--a phone number, but to my constituent, this was part of the fabric of their lives and of their home. Unfortunately, the FCC could not save the phone number long enough to rebuild. So many of our Districts are facing wildfires, hurricanes, powerful windstorms and flooding. We must do everything we can to help survivors reclaim their lives. Displaced survivors must find temporary housing, connect with family members, replace lost documents, apply for disaster assistance, and begin the long process of repairing and rebuilding homes. We may not be able to help rebuild or pick up the pieces, but this small gesture-- reserving a phone number--can bring the tiniest sense of a return to normalcy. Preserving home phone numbers means survivors have one less worry. It's one less burden. It is the least we can do to help the folks in our communities who face such devastation. I thank the Committee for its work to bring this bill to the Floor and I urge my colleagues to vote yes. Ms. ESHOO. Mr. Speaker, I rise in strong support of H.R. 1289, the PHONE Act, a simple but powerful bill to ensure that Americans who lose their homes in natural disasters don't also lose their home phone numbers. The CZU Lightning Complex Fire burned 86,509 acres in my Congressional District, making it the 11th most destructive fire in California history. Seventy-seven thousand of my constituents were evacuated. After weeks of tireless efforts from over 2,000 local, state, and federal firefighters, the fire is now contained. While most of the evacuees have returned home, nearly 1,000 families in my district won't be returning home because their houses were destroyed. It's these families the PHONE Act helps. Because climate change is causing increased and more intense wildfires, California is experiencing a horrific wildfire season. Already, over 3.6 million acres have burned from nearly 8,000 wildfires. Four of the five largest fires in state history happened this year. The PHONE Act ensures that the thousands of families who lose their homes don't also lose their phone numbers. The PHONE Act has three parts. First, if the President issues a major disaster declaration, and a governor designates a disaster area, phone numbers in that designated area cannot be reassigned for one year. Second, if someone in the disaster area needs more than a year, they can get a one-year extension because rebuilding can take years. Third, the bill allows consumers to cancel phone service without a cancellation fee if their home is inaccessible or uninhabitable. The bill also prohibits resubscription fees if consumers get phone service somewhere else in the area. Some may ask why we need all of this for a simple phone number. One of the first things parents teach their kids is their phone number. I bet many of us still remember our parents' home phone numbers. While many are opting to live with just cellphones, it's important to consider who depends on landlines: older Americans and retirees, who often have multiple doctors, caregivers, and loved ones using long-held phone numbers. Congressman Mike Thompson authored the bill to help the survivors of the Atlas and Tubbs fires that ravished his Congressional District in 2017. Thousands lost their homes and were further frustrated to learn they also lost their phone numbers, because phone companies had given the numbers away. The bill was marked up on March 10, 2020, by the Subcommittee and on September 9, 2020, by the full Energy & Commerce Committee. At both markups, I offered amendments to ensure the bill would have broad, bipartisan support and would be as effective as possible. The bill is carefully drafted to plug a small gap in the law, but this gap means the world to our constituents the bill is written to protect. The legislation before us is necessary and powerful, and I urge my collagues to support it. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New Jersey (Mr. Pallone) that the House suspend the rules and pass the bill, H.R. 1289, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. ____________________
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