[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1353 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1353
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
March 3, 2023
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 (h)(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 in
accordance with subsection (d) to provide emergency
connectivity service to such area.
(2) Provider not licensee.--The Commission shall include in
the rules issued under paragraph (1) language to ensure that
approval of an application to provide emergency connectivity
service under such rules does not render the provider of such
service a licensee (as such term is defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153)).
(3) 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 to provide
emergency connectivity service under such rules, 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 and has included in
the application evidence demonstrating how the proposal
complies with technical requirements included in such rules
under subsection (d)(2).
(2) Such person will not use any electromagnetic spectrum
to which access is made available under such rules to provide
any service other than emergency connectivity service, unless
the other service is provided under a separate authorization to
use such spectrum held by such person.
(3) Such service proposed 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 such
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 such
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) the following:
(1) In the case of a provider of emergency connectivity
service that is approved to provide such service to an area
under such rules and that seeks access to spectrum that another
entity is authorized to use, access to such spectrum shall be
made available to such provider only if such provider receives
express, written consent for such access from such entity.
(2) With respect to providers of emergency connectivity
service that are approved to provide such service to an area
under such rules, technical requirements applicable to such
providers that ensure that the use of electromagnetic spectrum
under a relevant approval does not cause harmful interference
to the use of such spectrum by another entity authorized to
provide a service to such area using 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 (h)(5)(B), the rules issued under subsection
(a) shall require that, if a provider approved to provide emergency
connectivity service to such area under such rules chooses to provide
emergency connectivity service to such area, such provider shall
provide both services described in subsection (h)(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 (h)(5)(B)(i) of this section)
in accordance with the rules issued under subsection (a) of
this section, as if such provider were a provider of commercial
mobile service that transmits emergency alerts 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(h) 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) Rules of Construction.--Nothing in this section may be
construed to--
(1) preclude the Commission, before it issues rules under
subsection (a), from permitting the use of electromagnetic
spectrum by a person that otherwise meets the requirements of
this section; or
(2) preclude the Commission from approving an application
to provide emergency connectivity service under the rules
issued under subsection (a) that proposes using spectrum in a
manner that is inconsistent with the Table of Frequency
Allocations.
(h) 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.
(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) Table of frequency allocations.--The term ``table of
frequency allocations'' means the United States table of
frequency allocations contained in section 2.106 of title 47,
Code of Federal Regulations (or any successor regulation).
(10) 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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