What This Bill Does
This bill directs the Federal Communications Commission (FCC), which is the agency that oversees radio and telecommunications, to create rules that allow providers to offer emergency connectivity service. Emergency connectivity service means providing alert messages to phones and devices during emergencies, and helping people call 911 when normal phone service is not available in an area.
Who It Affects
- The Federal Communications Commission
- Companies or people who want to provide emergency connectivity service
- Entities that currently own and use radio frequencies (wireless spectrum)
- Residents in areas where normal phone service becomes unavailable
- Congress (which will receive yearly reports)
Key Provisions
- The FCC must issue rules for emergency connectivity service within 18 months and start working on them within 180 days of the bill becoming law (Sec. 2(a)(1) and (3))
- People wanting to provide emergency connectivity service must submit applications showing they have a technical plan, can set up service quickly, and can handle major natural disasters like earthquakes, hurricanes, and floods (Sec. 2(b))
- Providers can only use radio frequencies if the company that currently owns those frequencies agrees in writing, and that company must respond to requests in a timely way (Sec. 2(d)(1))
- The FCC will post a public list on its website showing all approved emergency connectivity service providers (Sec. 2(c))
- The FCC must report to Congress annually about when emergency connectivity service was provided and when any company refused to share their radio frequencies (Sec. 2(g))
What Changes
If this becomes law, areas without working phone service during emergencies will be able to get temporary emergency phone and alert systems set up by approved providers. Companies will be able to temporarily use radio frequencies owned by other companies (with permission) to provide these emergency services. The FCC will create specific rules explaining how providers can apply, what they must do, and how they must operate without harming existing phone services.
Important Definitions
- Emergency connectivity service: A service that sends emergency alerts to phones and devices and allows people to contact 911 in areas where normal phone service is not available.
- Unserved area: An area that has no normal cell phone service either because there is no infrastructure (equipment and systems), infrastructure was destroyed, there is a power outage, or for any other reason.
- Covered device: A mobile phone or any other device that can receive emergency alerts and send information to emergency services like 911.
- Alert message: A message sent to notify people about emergencies (the bill refers to federal definitions for the exact meaning).
- Public safety answering point: The emergency call center that receives 911 calls (the bill refers to federal definitions for the exact meaning).
Effective Date
Not specified in bill text
IIB
118TH CONGRESS
1ST SESSION H. R. 1353
IN THE SENATE OF THE UNITED STATES
APRIL 27, 2023
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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 Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Advanced, Local Emer-
2
gency Response Telecommunications Parity Act’’ or the
3
‘‘ALERT Parity Act’’.
4
SEC. 2. EMERGENCY CONNECTIVITY SERVICE.
5
(a) RULEMAKING REQUIRED.—
6
(1) IN GENERAL.—Not later than 18 months
7
after the date of the enactment of this Act, the
8
Commission shall issue rules for the provision of
9
emergency connectivity service under which—
10
(A) a person may submit to the Commis-
11
sion an application for approval to provide such
12
service to an area—
13
(i) that is an unserved area with re-
14
spect to either or both services described in
15
subsection (i)(5)(B); or
16
(ii) in the event that such area be-
17
comes an unserved area with respect to ei-
18
ther or both such services due to destruc-
19
tion of infrastructure, a power outage, or
20
any other reason; and
21
(B) for any period during which such ap-
22
proval is in effect and such area is an unserved
23
area, such person will receive access to electro-
24
magnetic spectrum in accordance with sub-
25
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section (d) to provide emergency connectivity
1
service to such area.
2
(2) PROVIDER NOT LICENSEE.—The Commis-
3
sion shall include in the rules issued under para-
4
graph (1) language to ensure that approval of an ap-
5
plication to provide emergency connectivity service
6
under such rules does not render the provider of
7
such service a licensee (as such term is defined in
8
section 3 of the Communications Act of 1934 (47
9
U.S.C. 153)).
10
(3) DEADLINE
TO
INITIATE
RULEMAKING.—
11
The Commission shall initiate a rulemaking to issue
12
the rules required by paragraph (1) not later than
13
180 days after the date of the enactment of this Act.
14
(b) DEMONSTRATIONS.—In the rules issued under
15
subsection (a), the Commission shall require a person who
16
submits an application to provide emergency connectivity
17
service under such rules, in order for such application to
18
be approved, to demonstrate to the Commission the fol-
19
lowing:
20
(1) Such person has a technical proposal de-
21
scribing how such person plans to provide such serv-
22
ice and how the proposal complies with technical re-
23
quirements included in such rules under subsection
24
(d)(2).
25
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(2) Such person will not use any electro-
1
magnetic spectrum to which access is made available
2
under such rules to provide any service other than
3
emergency connectivity service, unless the other
4
service is provided under a separate authorization to
5
use such spectrum held by such person.
6
(3) Such service proposed can withstand the
7
impact of major natural disasters, such as earth-
8
quakes, hurricanes, wildfires, floods, blizzards, and
9
tornados.
10
(4) Such person has the capability to begin pro-
11
viding such service in a rapid manner—
12
(A) in the case of an application to provide
13
such service to an area that is an unserved area
14
at the time at which the application is sub-
15
mitted, after the approval of the application; or
16
(B) in the case of an application to provide
17
such service to an area in the event that such
18
area becomes an unserved area due to destruc-
19
tion of infrastructure, a power outage, or any
20
other reason, after such area becomes an
21
unserved area.
22
(c) PUBLICATION
OF LIST
OF PROVIDERS.—The
23
Commission shall publish on the internet website of the
24
Commission a list of all providers of emergency
25
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connectivity service for which an approval is in effect to
1
provide such service under the rules issued under sub-
2
section (a).
3
(d) ACCESS
TO ELECTROMAGNETIC SPECTRUM.—
4
The Commission shall include in the rules issued under
5
subsection (a) the following:
6
(1) In the case of a provider of emergency
7
connectivity service that is approved to provide such
8
service to an area under such rules and that seeks
9
access to spectrum that another entity is authorized
10
to use, access to such spectrum shall be made avail-
11
able to such provider only if such provider receives
12
voluntary express written consent for such access
13
from such entity. An entity that receives a request
14
for consent under this paragraph shall reasonably
15
engage with the provider submitting the request and
16
make a determination with respect to such request
17
in a timely manner.
18
(2) With respect to providers of emergency
19
connectivity service that are approved to provide
20
such service to an area under such rules, technical
21
requirements applicable to such providers that en-
22
sure that the use of electromagnetic spectrum under
23
a relevant approval does not cause harmful inter-
24
ference to the use of spectrum by another entity au-
25
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thorized to provide a service to such area or an adja-
1
cent geographic area.
2
(e) AREAS UNSERVED WITH RESPECT
TO BOTH
3
SERVICES.—In the case of an area that is an unserved
4
area with respect to both services described in subsection
5
(i)(5)(B), the rules issued under subsection (a) shall re-
6
quire that, if a provider approved to provide emergency
7
connectivity service to such area under such rules chooses
8
to provide emergency connectivity service to such area,
9
such provider shall provide both services described in sub-
10
section (i)(5)(B) to such area.
11
(f) LIMITATION OF LIABILITY.—
12
(1) TRANSMISSION OF ALERT MESSAGES.—Sec-
13
tion 602(e)(1) of the Warning, Alert, and Response
14
Network Act (47 U.S.C. 1201(e)(1)) shall apply to
15
a provider of emergency connectivity service (includ-
16
ing its officers, directors, employees, vendors, and
17
agents) with respect to the provision of such service
18
(to the extent such service consists of the provision
19
of the service described in subsection (i)(5)(B)(i) of
20
this section) in accordance with the rules issued
21
under subsection (a) of this section, as if such pro-
22
vider were a provider of commercial mobile service
23
that transmits emergency alerts and meets its obli-
24
gations under such Act.
25
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(2) PROVISION OF 9–1–1 SERVICE.—
1
(A) IN GENERAL.—Section 4 of the Wire-
2
less Communications and Public Safety Act of
3
1999 (47 U.S.C. 615a) is amended—
4
(i) in subsection (a)—
5
(I)
by
inserting
‘‘emergency
6
connectivity service provider,’’ after
7
‘‘IP-enabled voice service provider,’’;
8
and
9
(II) by inserting ‘‘emergency
10
connectivity service,’’ after ‘‘emer-
11
gency services,’’;
12
(ii) in subsection (b)—
13
(I) by striking ‘‘IP-enabled voice
14
service or’’ and inserting ‘‘IP-enabled
15
voice service, emergency connectivity
16
service, or’’; and
17
(II) by inserting ‘‘emergency
18
connectivity service,’’ after ‘‘IP-en-
19
abled voice service,’’; and
20
(iii) in subsection (c), by inserting
21
‘‘emergency connectivity service,’’ after
22
‘‘IP-enabled voice service,’’ each place it
23
appears.
24
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(B) DEFINITIONS.—Section 7 of the Wire-
1
less Communications and Public Safety Act of
2
1999 (47 U.S.C. 615b) is amended by adding
3
at the end the following:
4
‘‘(11) EMERGENCY CONNECTIVITY SERVICE.—
5
The term ‘emergency connectivity service’ has the
6
meaning given such term in paragraph (5) of section
7
2(i) of the Advanced, Local Emergency Response
8
Telecommunications Parity Act, to the extent such
9
service consists of the provision of the service de-
10
scribed in subparagraph (B)(ii) of such paragraph.
11
‘‘(12) EMERGENCY
CONNECTIVITY
SERVICE
12
PROVIDER.—The term ‘emergency connectivity serv-
13
ice provider’ means a person who provides emer-
14
gency connectivity service in accordance with the
15
rules issued under section 2(a) of the Advanced,
16
Local Emergency Response Telecommunications
17
Parity Act.’’.
18
(g) REPORT TO CONGRESS.—Not later than 1 year
19
after the date on which the Commission issues rules under
20
subsection (a), and annually thereafter, the Commission
21
shall submit to the Committee on Energy and Commerce
22
of the House of Representatives and the Committee on
23
Commerce, Science, and Transportation of the Senate a
24
report regarding the provision of emergency connectivity
25
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service under such rules, which shall include a description
1
of—
2
(1) each instance during the preceding year
3
that emergency connectivity service was provided
4
under such rules; and
5
(2) each instance during the preceding year
6
that an entity authorized to use spectrum declined
7
to provide, to a provider of emergency connectivity
8
service, the consent described in subsection (d)(1).
9
(h) RULES OF CONSTRUCTION.—Nothing in this sec-
10
tion may be construed to—
11
(1) provide the Commission with new authority
12
to regulate the terms, conditions, or rates applicable
13
to an agreement between 2 or more parties to facili-
14
tate the provision of emergency connectivity service;
15
(2) preclude the Commission, before it issues
16
rules under subsection (a), from permitting the use
17
of electromagnetic spectrum by a person that other-
18
wise meets the requirements of this section; or
19
(3) preclude the Commission from approving an
20
application to provide emergency connectivity service
21
under the rules issued under subsection (a) that pro-
22
poses using spectrum in a manner that is incon-
23
sistent with the Table of Frequency Allocations.
24
(i) DEFINITIONS.—In this section:
25
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(1) ALERT MESSAGE.—The term ‘‘alert mes-
1
sage’’ has the meaning given such term in section
2
10.10 of title 47, Code of Federal Regulations (or
3
any successor regulation).
4
(2) COMMERCIAL MOBILE SERVICE.—The term
5
‘‘commercial mobile service’’ has the meaning given
6
such term in section 332(d) of the Communications
7
Act of 1934 (47 U.S.C. 332(d)).
8
(3) COMMISSION.—The term ‘‘Commission’’
9
means the Federal Communications Commission.
10
(4) COVERED DEVICE.—The term ‘‘covered de-
11
vice’’ means—
12
(A) a mobile device; or
13
(B) any other device that is capable of—
14
(i) receiving alert messages; and
15
(ii) providing emergency information
16
to a public safety answering point (which
17
may include enhanced 9–1–1 service).
18
(5) EMERGENCY CONNECTIVITY SERVICE.—
19
(A) IN GENERAL.—The term ‘‘emergency
20
connectivity service’’ means a service—
21
(i) to which covered devices are capa-
22
ble of connecting—
23
(I) without any technical capa-
24
bility specific to such service; and
25
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(II) regardless of whether com-
1
mercial mobile service or any other
2
service is initialized on the device; and
3
(ii) that consists only of the provision
4
of a service described in subparagraph (B)
5
to an area that is an unserved area with
6
respect to such service.
7
(B) SERVICES DESCRIBED.—The services
8
described in this subparagraph are the fol-
9
lowing:
10
(i) Transmitting alert messages to
11
covered devices.
12
(ii) Providing emergency information
13
from a covered device to a public safety
14
answering point (which may include en-
15
hanced 9–1–1 service).
16
(6) ENHANCED 9–1–1 SERVICE.—The term ‘‘en-
17
hanced 9–1–1 service’’ has the meaning given such
18
term in section 7 of the Wireless Communications
19
and Public Safety Act of 1999 (47 U.S.C. 615b).
20
(7) MOBILE
DEVICE.—The term ‘‘mobile de-
21
vice’’ has the meaning given such term in section
22
10.10 of title 47, Code of Federal Regulations (or
23
any successor regulation).
24
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(8) PUBLIC SAFETY ANSWERING POINT.—The
1
term ‘‘public safety answering point’’ has the mean-
2
ing given such term in section 7 of the Wireless
3
Communications and Public Safety Act of 1999 (47
4
U.S.C. 615b).
5
(9) TABLE OF FREQUENCY ALLOCATIONS.—The
6
term ‘‘table of frequency allocations’’ means the
7
United States table of frequency allocations con-
8
tained in section 2.106 of title 47, Code of Federal
9
Regulations (or any successor regulation).
10
(10) UNSERVED
AREA.—The term ‘‘unserved
11
area’’ means, with respect to a service described in
12
paragraph (5)(B), an area that, due to lack of infra-
13
structure, destruction of infrastructure, a power out-
14
age, or any other reason, has no provider of com-
15
mercial mobile service that is capable of providing
16
such service.
17
Passed the House of Representatives April 26, 2023.
Attest:
CHERYL L. JOHNSON,
Clerk.
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