I 

108TH CONGRESS 

1ST SESSION H. R. 2025

To require providers of wireless telephone services to provide access to the 

universal emergency telephone number in subterranean subway stations 

located within their area of coverage. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2003

Mr. WEINER introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL

To require providers of wireless telephone services to provide 

access to the universal emergency telephone number in 

subterranean subway stations located within their area 

of coverage.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Subway Cell Access 

5 Act’’. 
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1 SEC. 2. REQUIREMENT TO PROVIDE ACCESS TO THE UNI2 VERSAL EMERGENCY TELEPHONE NUMBER 

3 IN SUBWAY STATIONS. 

4 (a) IN GENERAL.—Section 332(c) of the Communica5 tions Act of 1934 (47 U.S.C. 332(c)) is amended by add6 ing at the end the following new paragraph: 

7 ‘‘(9) ACCESS TO 911 SERVICE IN SUBWAY STA8 TIONS.—

9 ‘‘(A) IN GENERAL.—The Commission 

10 shall, by regulation, require that each commer11 cial mobile service provide service for the uni12 versal emergency telephone number designated 

13 under section 251(e)(3) within each subterra14 nean boarding station that is located within any 

15 geographic area in which such commercial mo16 bile service provides service at ground level. 

17 ‘‘(B) INFRASTRUCTURE SHARING.—Such 

18 regulations shall require commercial mobile 

19 services providing service described in subpara20 graph (A) within subterranean boarding sta21 tions—

22 ‘‘(i) to make available to other com23 mercial mobile services such infrastructure, 

24 technology, information, facilities, and 

25 functions as may be requested by such 

26 other service for the purpose of enabling 
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1 such other service to provide such service; 

2 and 

3 ‘‘(ii) to use such infrastructure, tech4 nology, and facilities in providing such ac5 cess that will facilitate sharing of such in6 frastructure, technology, and facilities 

7 under clause (i). 

8 ‘‘(C) DEFINITIONS.—For purposes of this 

9 paragraph: 

10 ‘‘(i) COVERED SUBWAY SYSTEM.—The 

11 term ‘covered subway system’ means a 

12 fixed guideway mass transportation facility 

13 that—

14 ‘‘(I) is described in section 

15 5302(a)(4)(A) of title 49, United 

16 States Code; and 

17 ‘‘(II) operates as a common car18 rier. 

19 ‘‘(ii) SUBTERRANEAN BOARDING STA20 TION.—The term ‘subterranean boarding 

21 station’ means a location or station that—

22 ‘‘(I) is located below ground level; 

23 ‘‘(II) is part of any covered sub24 way system; and 
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1 ‘‘(III) provides public access or 

2 boarding to the vehicles used in such 

3 covered subway system.’’

4 (b) LIMITATION ON STATE REGULATION OF PLACE5 MENT OF FACILITIES.—Section 332(c)(7)(B)(i)(II) of the 

6 Communications Act of 1934 (47 U.S.C. 

7 332(c)(7)(B)(i)(II) is amended by inserting before the pe8 riod at the end the following: ‘‘, including the provision 

9 of commercial mobile service in subterranean boarding 

10 stations to the extent necessary to provide service required 

11 under paragraph (9)’’. 

12 (c) RULEMAKING AND APPLICABILITY.—

13 (1) RULEMAKING PROCEEDING.—The Commis14 sion shall, within 60 days after the date of the en15 actment of this Act, initiate a rulemaking proceeding 

16 to prescribe regulations necessary to carry out the 

17 amendments under this Act. 

18 (2) APPLICABILITY.—This amendments made 

19 by this Act are made on the date of the enactment 

20 of this Act, but shall apply upon the expiration of 

21 the 2-year period beginning upon the issuance of 

22 final regulations to carry out the amendments made 

23 by this Act, except that the Federal Communications 

24 Commission may, by regulation, provide for earlier 

25 applicability of regulations issued pursuant to sec-
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1 tion 332(c)(9)(B) of the Communications Act of 

2 1934 (47 U.S.C. 332(c)(9)(B)), as added by sub3 section (a) of this section, to facilitate compliance 

4 with the requirement of section 332(c)(9)(A) of such 

5 Act.

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