H. Rept. 116-541 - PRESERVING HOME AND OFFICE NUMBERS IN EMERGENCIES ACT OF 2020116th Congress (2019-2020)
Committee Report
Hide Overview| Report Type: | House Report |
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| Accompanies: | H.R.1289 |
| Committees: | House Energy and Commerce Committee |
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Union Calendar No. 441
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-541
======================================================================
PRESERVING HOME AND OFFICE NUMBERS IN EMERGENCIES ACT OF 2020
_______
September 29, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 1289]
The Committee on Energy and Commerce, to whom was referred
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, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................3
II. Background and Need for the Legislation..........................3
III. Committee Hearings...............................................4
IV. Committee Consideration..........................................5
V. Committee Votes..................................................5
VI. Oversight Findings...............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures5
VIII.Federal Mandates Statement.......................................6
IX. Statement of General Performance Goals and Objectives............6
X. Duplication of Federal Programs..................................6
XI. Committee Cost Estimate..........................................6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......6
XIII.Advisory Committee Statement.....................................6
XIV. Applicability to Legislative Branch..............................6
XV. Section-by-Section Analysis of the Legislation...................6
XVI. Changes in Existing Law Made by the Bill, as Reported............8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 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).
I. Purpose and Summary
H.R. 1289, the ``Preserving Home and Office Numbers in
Emergencies Act of 2020'' or the ``PHONE Act of 2020'', was
introduced on February 14, 2019, by Representatives Mike C.
Thompson (D-CA), Neal P. Dunn (R-FL), Anna G. Eshoo (D-CA),
John Garamendi (D-CA), Sylvia R. Garcia (D-TX), Ann M. Kuster
(D NH), Eleanor Holmes Norton (D-DC), Francis Rooney (R-FL),
and Randy K. Weber, Sr. (R-TX), and referred to the Committee
on Energy and Commerce. H.R. 1289 would prohibit providers of
fixed wireline voice service from reassigning, rescinding, or
otherwise modifying subscribers' phone numbers in the aftermath
of a major disaster declaration by the President.
II. Background and Need for the Legislation
Since the beginning of 2017, the President has issued a
major disaster declaration under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) in almost 200 instances.\1\ The major disaster
declarations issued over that period were triggered by a wide
range of events, including tropical storms and hurricanes,
severe storms and flooding, tornadoes, wildfires, earthquakes,
typhoons, and mudslides.
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\1\Federal Emergency Management Agency, Declared Disasters
(accessed Sept. 23, 2020) (https://www.fema.gov/disasters/disaster-
declarations).
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Over a three-week period in 2017, Hurricanes Harvey, Irma,
and Maria struck the United States in rapid succession, causing
a combined $265 billion in damages and widespread survivor
displacement across Texas, Florida, Puerto Rico, and the U.S.
Virgin Islands.\2\ According to data from the Federal Emergency
Management Agency (FEMA), hundreds of thousands of Americans
were forced to seek shelter over the course of the 2017
Atlantic hurricane season, with FEMA and disaster relief
partners providing more than one million shelter nights to
displaced survivors.\3\
---------------------------------------------------------------------------
\2\Federal Emergency Management Agency, 2017 Hurricane Season FEMA
After-Action Report at 1 (Jul. 12, 2018) (https://www.fema.gov/sites/
default/files/2020-08/fema_hurricane-season-after-action-
report_2017.pdf).
\3\Id. at 40.
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Survivors may be displaced for as little as one day or as
long as multiple months, depending on the severity of the event
and the extent of its damage. As of May 2018, FEMA had provided
almost 60,000 households with Transitional Sheltering
Assistance for a total of more than 5.3 million hotel nights
because survivors' homes were either inaccessible or
uninhabitable.\4\ In Texas following Hurricane Harvey, for
instance, nearly 80,000 homes sustained a minimum of 18 inches
of floodwater, causing nearly 780,000 residents to evacuate
their homes during and after the storm.\5\
---------------------------------------------------------------------------
\4\Id. at 39.
\5\Id. at 39.
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Americans in the western United States have faced similar
hardship as a result of record wildfires that continue to burn
across the State. So far in 2020, almost 8,000 wildfires have
burned in excess of 3.6 million acres in California and damaged
or destroyed more than 7,000 structures.\6\ In Oregon,
wildfires have burned approximately one million acres this year
and destroyed more than 3,800 structures, including more than
2,200 residences.\7\
---------------------------------------------------------------------------
\6\California Department of Forestry and Fire Protection, Incidents
Overview (accessed Sept. 23, 2020) (https://www.fire.ca.gov/incidents/
).
\7\Oregon Office of Emergency Management, Wildfire Response and
Recovery Update (Sept. 22, 2020) (https://govsite-
assets.s3.amazonaws.com/O5fAK80VTQHQuzNuEkw2_DailyUpdateSept22.pdf).
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This legislation would protect displaced survivors against
the reassignment, recission, or other modification to their
phone numbers in the aftermath of a disaster event. As
survivors grapple with more immediate tasks following a
disaster, such as repairing or rebuilding their homes and
businesses, the PHONE Act ensures that subscribers of fixed
wireline voice service can retain their assigned number upon
returning to their homes or businesses.
III. Committee Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress the following hearing was used to develop or
consider H.R. 1289:
The Subcommittee on Communications and Technology held a
legislative hearing on February 27, 2020, entitled
``Strengthening Communications Networks to Help Americans in
Crisis.'' H.R. 1289 was one of eight bills included in this
hearing focusing on the communication needs of Americans during
and after emergencies or major disasters. The Subcommittee
received testimony from the following witnesses:
Matthew Gerst, Vice President, Regulatory
Affairs, CTIA;
Sue Ann Atkerson, CEO, Behavioral Health
Link;
Anthony Gossner, Fire Chief, City of Santa
Rosa (Calif.);
Joseph Torres, Senior Director of Strategy
and Engagement, Free Press and Free Press Action;
Daniel Henry, Regulatory Counsel and
Director of Government Affairs, National Emergency
Number Association; and
Allen F. Bell, Distribution Manager, Georgia
Power Company
IV. Committee Consideration
H.R. 1289, the ``Preserving Home and Office Numbers in
Emergencies Act of 2020'' or the ``PHONE Act'', was introduced
on February 14, 2019, by Representatives Thompson (D-CA), Dunn
(R-FL), Eshoo (D-CA), Garamendi (D-CA), Garcia (D-TX), Kuster
(D-NH), Norton (D-DC), Rooney (R-FL), and Weber (R-TX), and
referred to the Committee on Energy and Commerce. The bill was
then referred to the Subcommittee on Communications and
Technology on February 15, 2019. A legislative hearing was held
on the bill on February 27, 2020.
On March 10, 2020, the Subcommittee on Communications and
Technology held an open markup session, pursuant to notice, on
H.R. 1289. During its consideration, an amendment in the nature
of a substitute (AINS) offered by Ms. Eshoo of California was
agreed to by a voice vote. The Subcommittee then agreed to a
motion by Mr. Doyle of Pennsylvania, Chairman of the
subcommittee, to forward H.R. 1289 favorably to the full
Committee, amended, by a voice vote.
On September 9, 2020, the full Committtee met in virtual
open markup session, pursuant to notice, to consider in markup
session H.R. 1289. During consideration of the bill, an
amendment in the nature of a substitute (AINS) was offered by
Ms. Eshoo and the AINS was agreed to by a voice vote. The full
Committee then agreed to a motion by Mr. Pallone, Chairman of
the committee, to order H.R. 1289 reported favorably to the
House, amended, by a voice vote, a quorum being present.
V. Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were no record votes taken on H.R.
1289, including the motion on final passage.
VI. Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
VIII. Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to protect
subscribers of fixed wireline voice service whose residence is
inaccessible or uninhabitable as a result of a disaster event.
X. Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 1289 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 1289 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
XIV. Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates that the short title 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
Subsection (a) of this section amends 251(e) of the
Communications Act of 1934, adding a paragraph to stipulate
that a phone number assigned to a subscriber of fixed wireline
voice service in a designated area may not be reassigned,
rescinded, or otherwise modified, except at the request of the
subscriber, for the duration of a covered period. A covered
period begins on the date of a declaration by the President of
a major disaster under 42 U.S.C. 5170 and ends one year after
that date. At the request of a subscriber, the prohibition on
providers of fixed wireline voice service from reassigning,
rescinding, or otherwise modifying a subscriber's number shall
be extended for an additional year after the expiration of the
covered period.
For the purposes of this legislation, a designated area is
a geographic area that a State determines was subject to
sustained covered damage and where the prohibition on number
recission or reassignment is necessary and in the public
interest. An area that has been subject to covered damage is an
area in which the damage renders residences inaccessible or
uninhabitable, or that otherwise results in the displacement of
subscribers from or within that area. In making a determination
of a designated area under the PHONE Act, States are required
to consult with providers of fixed wireline voice service that
serve the affected area, and to consult with the Federal
Emergency Management Agency (FEMA) to reasonably limit the
designated area to areas that have been subject to covered
damage. The Committee expects that States will strongly confer
with FEMA to identify households in a designated area that are
rendered uninhabitable, and does not intend to alter any of
FEMA's current responsibilities.
The prohibitions under the PHONE Act would apply only if a
State submits a public designation to the Federal
Communications Commission (the Commission or the FCC), within
15 days of a declaration by the President of a major disaster,
stipulating that the State has determined the area or areas
being designated by the State meet the criteria in clause (i)
of subparagraph (E). The Commission is then required, not later
than 15 days after submission by a State, to publicly identify
on the FCC website each designated area, as designated by
States to the Commission, that is in a covered period. The
Committee expects that States, after their consultation with
FEMA, will also consult with providers of fixed wireline voice
service in such area to provide information on households in a
designated area that are identified to have been rendered
uninhabitable as a result of the major disaster.
In the event that a subscriber of fixed wireline voice
service in a designated area cancels or terminates their
service during the covered period or one-year extension under
subparagraph (B), a provider may not charge the subscriber an
early termination or other fee if the subscriber demonstrates
to the provider that the residence where the number is located
is inaccessible or uninhabitable. The Committee intends for the
prohibition on phone number reassignment under subparagraphs
(A) and (B) to continue for the duration of the covered period
and one-year extension, as the case may be, regardless of
whether the subscriber cancels their service under clause (i)
of paragraph (C). If, however, the subscriber cancels service
but fails to demonstrate to the provider that the residence
where the number is located is inaccessible or uninhabitable,
the prohibitions under subparagraphs (A) and (B) would no
longer apply. Still, the Committee encourages providers to
assist subscribers who may not be aware of the demonstration
requirement and consider waiving the requirement, which may be
burdensome to subscribers who have been displaced from their
homes by a disaster.
If the subscriber, after such cancellation, seeks to
resubscribe to fixed wireline voice service with their former
provider or with any other provider serving the local area, the
provider is required to permit the subscriber to subscribe or
resubscribe with their phone number at the subscriber's
original residence or at a different residence. Providers may
not impose a connection fee or any other initiation fee on a
subscriber who resubscribes to fixed wireline voice service
after cancelling service under clause (i) of subparagraph (C).
The Commission is required, not later than 180 days after
enactment, to amend its rules to reflect the requirements of
paragraph 4. The requirements of paragraph 4 shall apply after
the date that is 180 days after the Commission announces it is
capable of publicly identifying a designated area on the FCC
website.
This section provides definitions for the terms covered
damage, covered period, designated area, and voice service.
XVI. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE II--COMMON CARRIERS
* * * * * * *
PART II--DEVELOPMENT OF COMPETITIVE MARKETS
SEC. 251. INTERCONNECTION.
(a) General Duty of Telecommunications Carriers.--Each
telecommunications carrier has the duty--
(1) to interconnect directly or indirectly with the
facilities and equipment of other telecommunications
carriers; and
(2) not to install network features, functions, or
capabilities that do not comply with the guidelines and
standards established pursuant to section 255 or 256.
(b) Obligations of All Local Exchange Carriers.--Each local
exchange carrier has the following duties:
(1) Resale.--The duty not to prohibit, and not to
impose unreasonable or discriminatory conditions or
limitations on, the resale of its telecommunications
services.
(2) Number portability.--The duty to provide, to the
extent technically feasible, number portability in
accordance with requirements prescribed by the
Commission.
(3) Dialing parity.--The duty to provide dialing
parity to competing providers of telephone exchange
service and telephone toll service, and the duty to
permit all such providers to have nondiscriminatory
access to telephone numbers, operator services,
directory assistance, and directory listing, with no
unreasonable dialing delays.
(4) Access to rights-of-way.--The duty to afford
access to the poles, ducts, conduits, and rights-of-way
of such carrier to competing providers of
telecommunications services on rates, terms, and
conditions that are consistent with section 224.
(5) Reciprocal compensation.--The duty to establish
reciprocal compensation arrangements for the transport
and termination of telecommunications.
(c) Additional Obligations of Incumbent Local Exchange
Carriers.--In addition to the duties contained in subsection
(b), each incumbent local exchange carrier has the following
duties:
(1) Duty to negotiate.--The duty to negotiate in good
faith in accordance with section 252 the particular
terms and conditions of agreements to fulfill the
duties described in paragraphs (1) through (5) of
subsection (b) and this subsection. The requesting
telecommunications carrier also has the duty to
negotiate in good faith the terms and conditions of
such agreements.
(2) Interconnection.--The duty to provide, for the
facilities and equipment of any requesting
telecommunications carrier, interconnection with the
local exchange carrier's network--
(A) for the transmission and routing of
telephone exchange service and exchange access;
(B) at any technically feasible point within
the carrier's network;
(C) that is at least equal in quality to that
provided by the local exchange carrier to
itself or to any subsidiary, affiliate, or any
other party to which the carrier provides
interconnection; and
(D) on rates, terms, and conditions that are
just, reasonable, and nondiscriminatory, in
accordance with the terms and conditions of the
agreement and the requirements of this section
and section 252.
(3) Unbundled access.--The duty to provide, to any
requesting telecommunications carrier for the provision
of a telecommunications service, nondiscriminatory
access to network elements on an unbundled basis at any
technically feasible point on rates, terms, and
conditions that are just, reasonable, and
nondiscriminatory in accordance with the terms and
conditions of the agreement and the requirements of
this section and section 252. An incumbent local
exchange carrier shall provide such unbundled network
elements in a manner that allows requesting carriers to
combine such elements in order to provide such
telecommunications service.
(4) Resale.--The duty--
(A) to offer for resale at wholesale rates
any telecommunications service that the carrier
provides at retail to subscribers who are not
telecommunications carriers; and
(B) not to prohibit, and not to impose
unreasonable or discriminatory conditions or
limitations on, the resale of such
telecommunications service, except that a State
commission may, consistent with regulations
prescribed by the Commission under this
section, prohibit a reseller that obtains at
wholesale rates a telecommunications service
that is available at retail only to a category
of subscribers from offering such service to a
different category of subscribers.
(5) Notice of changes.--The duty to provide
reasonable public notice of changes in the information
necessary for the transmission and routing of services
using that local exchange carrier's facilities or
networks, as well as of any other changes that would
affect the interoperability of those facilities and
networks.
(6) Collocation.--The duty to provide, on rates,
terms, and conditions that are just, reasonable, and
nondiscriminatory, for physical collocation of
equipment necessary for interconnection or access to
unbundled network elements at the premises of the local
exchange carrier, except that the carrier may provide
for virtual collocation if the local exchange carrier
demonstrates to the State commission that physical
collocation is not practical for technical reasons or
because of space limitations.
(d) Implementation.--
(1) In general.--Within 6 months after the date of
enactment of the Telecommunications Act of 1996, the
Commission shall complete all actions necessary to
establish regulations to implement the requirements of
this section.
(2) Access standards.--In determining what network
elements should be made available for purposes of
subsection (c)(3), the Commission shall consider, at a
minimum, whether--
(A) access to such network elements as are
proprietary in nature is necessary; and
(B) the failure to provide access to such
network elements would impair the ability of
the telecommunications carrier seeking access
to provide the services that it seeks to offer.
(3) Preservation of state access regulations.--In
prescribing and enforcing regulations to implement the
requirements of this section, the Commission shall not
preclude the enforcement of any regulation, order, or
policy of a State commission that--
(A) establishes access and interconnection
obligations of local exchange carriers;
(B) is consistent with the requirements of
this section; and
(C) does not substantially prevent
implementation of the requirements of this
section and the purposes of this part.
(e) Numbering Administration.--
(1) Commission authority and jurisdiction.--The
Commission shall create or designate one or more
impartial entities to administer telecommunications
numbering and to make such numbers available on an
equitable basis. The Commission shall have exclusive
jurisdiction over those portions of the North American
Numbering Plan that pertain to the United States.
Nothing in this paragraph shall preclude the Commission
from delegating to State commissions or other entities
all or any portion of such jurisdiction.
(2) Costs.--The cost of establishing
telecommunications numbering administration
arrangements and number portability shall be borne by
all telecommunications carriers on a competitively
neutral basis as determined by the Commission.
(3) Universal emergency telephone number.--The
Commission and any agency or entity to which the
Commission has delegated authority under this
subsection shall designate 9-1-1 as the universal
emergency telephone number within the United States for
reporting an emergency to appropriate authorities and
requesting assistance. The designation shall apply to
both wireline and wireless telephone service. In making
the designation, the Commission (and any such agency or
entity) shall provide appropriate transition periods
for areas in which 9-1-1 is not in use as an emergency
telephone number on the date of enactment of the
Wireless Communications and Public Safety Act of 1999.
(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 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).
(f) Exemptions, Suspensions, and Modifications.--
(1) Exemption for certain rural telephone
companies.--
(A) Exemption.--Subsection (c) of this
section shall not apply to a rural telephone
company until (i) such company has received a
bona fide request for interconnection,
services, or network elements, and (ii) the
State commission determines (under subparagraph
(B)) that such request is not unduly
economically burdensome, is technically
feasible, and is consistent with section 254
(other than subsections (b)(7) and (c)(1)(D)
thereof).
(B) State termination of exemption and
implementation schedule.--The party making a
bona fide request of a rural telephone company
for interconnection, services, or network
elements shall submit a notice of its request
to the State commission. The State commission
shall conduct an inquiry for the purpose of
determining whether to terminate the exemption
under subparagraph (A). Within 120 days after
the State commission receives notice of the
request, the State commission shall terminate
the exemption if the request is not unduly
economically burdensome, is technically
feasible, and is consistent with section 254
(other than subsections (b)(7) and (c)(1)(D)
thereof). Upon termination of the exemption, a
State commission shall establish an
implementation schedule for compliance with the
request that is consistent in time and manner
with Commission regulations.
(C) Limitation on exemption.--The exemption
provided by this paragraph shall not apply with
respect to a request under subsection (c) from
a cable operator providing video programming,
and seeking to provide any telecommunications
service, in the area in which the rural
telephone company provides video programming.
The limitation contained in this subparagraph
shall not apply to a rural telephone company
that is providing video programming on the date
of enactment of the Telecommunications Act of
1996.
(2) Suspensions and modifications for rural
carriers.--A local exchange carrier with fewer than 2
percent of the Nation's subscriber lines installed in
the aggregate nationwide may petition a State
commission for a suspension or modification of the
application of a requirement or requirements of
subsection (b) or (c) to telephone exchange service
facilities specified in such petition. The State
commission shall grant such petition to the extent
that, and for such duration as, the State commission
determines that such suspension or modification--
(A) is necessary--
(i) to avoid a significant adverse
economic impact on users of
telecommunications services generally;
(ii) to avoid imposing a requirement
that is unduly economically burdensome;
or
(iii) to avoid imposing a requirement
that is technically infeasible; and
(B) is consistent with the public interest,
convenience, and necessity.
The State commission shall act upon any petition filed
under this paragraph within 180 days after receiving
such petition. Pending such action, the State
commission may suspend enforcement of the requirement
or requirements to which the petition applies with
respect to the petitioning carrier or carriers.
(g) Continued Enforcement of Exchange Access and
Interconnection Requirements.--On and after the date of
enactment of the Telecommunications Act of 1996, each local
exchange carrier, to the extent that it provides wireline
services, shall provide exchange access, information access,
and exchange services for such access to interexchange carriers
and information service providers in accordance with the same
equal access and nondiscriminatory interconnection restrictions
and obligations (including receipt of compensation) that apply
to such carrier on the date immediately preceding the date of
enactment of the Telecommunications Act of 1996 under any court
order, consent decree, or regulation, order, or policy of the
Commission, until such restrictions and obligations are
explicitly superseded by regulations prescribed by the
Commission after such date of enactment. During the period
beginning on such date of enactment and until such restrictions
and obligations are so superseded, such restrictions and
obligations shall be enforceable in the same manner as
regulations of the Commission.
(h) Definition of Incumbent Local Exchange Carrier.--
(1) Definition.--For purposes of this section, the
term ``incumbent local exchange carrier'' means, with
respect to an area, the local exchange carrier that--
(A) on the date of enactment of the
Telecommunications Act of 1996, provided
telephone exchange service in such area; and
(B)(i) on such date of enactment, was deemed
to be a member of the exchange carrier
association pursuant to section 69.601(b) of
the Commission's regulations (47 C.F.R.
69.601(b)); or
(ii) is a person or entity that, on or after
such date of enactment, became a successor or
assign of a member described in clause (i).
(2) Treatment of comparable carriers as incumbents.--
The Commission may, by rule, provide for the treatment
of a local exchange carrier (or class or category
thereof) as an incumbent local exchange carrier for
purposes of this section if--
(A) such carrier occupies a position in the
market for telephone exchange service within an
area that is comparable to the position
occupied by a carrier described in paragraph
(1);
(B) such carrier has substantially replaced
an incumbent local exchange carrier described
in paragraph (1); and
(C) such treatment is consistent with the
public interest, convenience, and necessity and
the purposes of this section.
(i) Savings Provision.--Nothing in this section shall be
construed to limit or otherwise affect the Commission's
authority under section 201.
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