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Union Calendar No. 25 

118TH CONGRESS 

1ST SESSION H. R. 1353 

[Report No. 118–39] 

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 

APRIL 24, 2023 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 3, 2023] 


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A BILL 

To direct the Federal Communications Commission to issue 

rules for the provision of emergency connectivity service, 

and for other purposes. 


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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 ‘‘Advanced, Local Emer5 gency Response Telecommunications Parity Act’’ or the 

6 ‘‘ALERT Parity Act’’. 

7 SEC. 2. EMERGENCY CONNECTIVITY SERVICE. 

8 (a) RULEMAKING REQUIRED.— 

9 (1) IN GENERAL.—Not later than 18 months 

10 after the date of the enactment of this Act, the Com11 mission shall issue rules for the provision of emer12 gency connectivity service under which— 

13 (A) a person may submit to the Commis14 sion an application for approval to provide such 

15 service to an area— 

16 (i) that is an unserved area with re17 spect to either or both services described in 

18 subsection (i)(5)(B); or 

19 (ii) in the event that such area becomes 

20 an unserved area with respect to either or 

21 both such services due to destruction of in22 frastructure, a power outage, or any other 

23 reason; and 

24 (B) for any period during which such ap25 proval is in effect and such area is an unserved 


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1 area, such person will receive access to electro2 magnetic spectrum in accordance with subsection 

3 (d) to provide emergency connectivity service to 

4 such area. 

5 (2) PROVIDER NOT LICENSEE.—The Commission 

6 shall include in the rules issued under paragraph (1) 

7 language to ensure that approval of an application to 

8 provide emergency connectivity service under such 

9 rules does not render the provider of such service a li10 censee (as such term is defined in section 3 of the 

11 Communications Act of 1934 (47 U.S.C. 153)). 

12 (3) DEADLINE TO INITIATE RULEMAKING.—The 

13 Commission shall initiate a rulemaking to issue the 

14 rules required by paragraph (1) not later than 180 

15 days after the date of the enactment of this Act. 

16 (b) DEMONSTRATIONS.—In the rules issued under sub17 section (a), the Commission shall require a person who sub18 mits an application to provide emergency connectivity serv19 ice under such rules, in order for such application to be 

20 approved, to demonstrate to the Commission the following: 

21 (1) Such person has a technical proposal describ22 ing how such person plans to provide such service and 

23 how the proposal complies with technical require24 ments included in such rules under subsection (d)(2). 


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1 (2) Such person will not use any electromagnetic 

2 spectrum to which access is made available under 

3 such rules to provide any service other than emer4 gency connectivity service, unless the other service is 

5 provided under a separate authorization to use such 

6 spectrum held by such person. 

7 (3) Such service proposed can withstand the im8 pact of major natural disasters, such as earthquakes, 

9 hurricanes, wildfires, floods, blizzards, and tornados. 

10 (4) Such person has the capability to begin pro11 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 sub15 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 destruc19 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 Com23 mission shall publish on the internet website of the Commis24 sion a list of all providers of emergency connectivity service 


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1 for which an approval is in effect to provide such service 

2 under the rules issued under subsection (a). 

3 (d) ACCESS TO ELECTROMAGNETIC SPECTRUM.—The 

4 Commission shall include in the rules issued under sub5 section (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 ac9 cess to spectrum that another entity is authorized to 

10 use, access to such spectrum shall be made available 

11 to such provider only if such provider receives vol12 untary express written consent for such access from 

13 such entity. An entity that receives a request for con14 sent under this paragraph shall reasonably engage 

15 with the provider submitting the request and make a 

16 determination with respect to such request in a timely 

17 manner. 

18 (2) With respect to providers of emergency 

19 connectivity service that are approved to provide such 

20 service to an area under such rules, technical require21 ments applicable to such providers that ensure that 

22 the use of electromagnetic spectrum under a relevant 

23 approval does not cause harmful interference to the 

24 use of spectrum by another entity authorized to proVerDate Sep 11 2014 23:46 Apr 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1353.RH H1353

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1 vide a service to such area or an adjacent geographic 

2 area. 

3 (e) AREAS UNSERVED WITH RESPECT TO BOTH SERV4 ICES.—In the case of an area that is an unserved area with 

5 respect to both services described in subsection (i)(5)(B), the 

6 rules issued under subsection (a) shall require that, if a pro7 vider approved to provide emergency connectivity service 

8 to such area under such rules chooses to provide emergency 

9 connectivity service to such area, such provider shall pro10 vide both services described in subsection (i)(5)(B) to such 

11 area. 

12 (f) LIMITATION OF LIABILITY.— 

13 (1) TRANSMISSION OF ALERT MESSAGES.—Sec14 tion 602(e)(1) of the Warning, Alert, and Response 

15 Network Act (47 U.S.C. 1201(e)(1)) shall apply to a 

16 provider of emergency connectivity service (including 

17 its officers, directors, employees, vendors, and agents) 

18 with respect to the provision of such service (to the ex19 tent such service consists of the provision of the serv20 ice described in subsection (i)(5)(B)(i) of this section) 

21 in accordance with the rules issued under subsection 

22 (a) of this section, as if such provider were a provider 

23 of commercial mobile service that transmits emer24 gency alerts and meets its obligations under such Act. 

25 (2) PROVISION OF 9–1–1 SERVICE.— 


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1 (A) IN GENERAL.—Section 4 of the Wireless 

2 Communications and Public Safety Act of 1999 

3 (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 ‘‘emergency 

11 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-enabled 

19 voice service,’’; and 

20 (iii) in subsection (c), by inserting 

21 ‘‘emergency connectivity service,’’ after ‘‘IP22 enabled voice service,’’ each place it ap23 pears. 

24 (B) DEFINITIONS.—Section 7 of the Wire25 less Communications and Public Safety Act of 


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1 1999 (47 U.S.C. 615b) is amended by adding at 

2 the end the following: 

3 ‘‘(11) EMERGENCY CONNECTIVITY SERVICE.—The 

4 term ‘emergency connectivity service’ has the meaning 

5 given such term in paragraph (5) of section 2(i) of 

6 the Advanced, Local Emergency Response Tele7 communications Parity Act, to the extent such service 

8 consists of the provision of the service described in 

9 subparagraph (B)(ii) of such paragraph. 

10 ‘‘(12) EMERGENCY CONNECTIVITY SERVICE PRO11 VIDER.—The term ‘emergency connectivity service 

12 provider’ means a person who provides emergency 

13 connectivity service in accordance with the rules 

14 issued under section 2(a) of the Advanced, Local 

15 Emergency Response Telecommunications Parity 

16 Act.’’. 

17 (g) REPORT TO CONGRESS.—Not later than 1 year 

18 after the date on which the Commission issues rules under 

19 subsection (a), and annually thereafter, the Commission 

20 shall submit to the Committee on Energy and Commerce 

21 of the House of Representatives and the Committee on Com22 merce, Science, and Transportation of the Senate a report 

23 regarding the provision of emergency connectivity service 

24 under such rules, which shall include a description of— 


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1 (1) each instance during the preceding year that 

2 emergency connectivity service was provided under 

3 such rules; and 

4 (2) each instance during the preceding year that 

5 an entity authorized to use spectrum declined to pro6 vide, to a provider of emergency connectivity service, 

7 the consent described in subsection (d)(1). 

8 (h) RULES OF CONSTRUCTION.—Nothing in this sec9 tion may be construed to— 

10 (1) provide the Commission with new authority 

11 to regulate the terms, conditions, or rates applicable 

12 to an agreement between 2 or more parties to facili13 tate the provision of emergency connectivity service; 

14 (2) preclude the Commission, before it issues 

15 rules under subsection (a), from permitting the use of 

16 electromagnetic spectrum by a person that otherwise 

17 meets the requirements of this section; or 

18 (3) preclude the Commission from approving an 

19 application to provide emergency connectivity service 

20 under the rules issued under subsection (a) that pro21 poses using spectrum in a manner that is inconsistent 

22 with the Table of Frequency Allocations. 

23 (i) DEFINITIONS.—In this section: 

24 (1) ALERT MESSAGE.—The term ‘‘alert message’’ 

25 has the meaning given such term in section 10.10 of 


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1 title 47, Code of Federal Regulations (or any suc2 cessor regulation). 

3 (2) COMMERCIAL MOBILE SERVICE.—The term 

4 ‘‘commercial mobile service’’ has the meaning given 

5 such term in section 332(d) of the Communications 

6 Act of 1934 (47 U.S.C. 332(d)). 

7 (3) COMMISSION.—The term ‘‘Commission’’ 

8 means the Federal Communications Commission. 

9 (4) COVERED DEVICE.—The term ‘‘covered de10 vice’’ means— 

11 (A) a mobile device; or 

12 (B) any other device that is capable of— 

13 (i) receiving alert messages; and 

14 (ii) providing emergency information 

15 to a public safety answering point (which 

16 may include enhanced 9–1–1 service). 

17 (5) EMERGENCY CONNECTIVITY SERVICE.— 

18 (A) IN GENERAL.—The term ‘‘emergency 

19 connectivity service’’ means a service— 

20 (i) to which covered devices are capable 

21 of connecting— 

22 (I) without any technical capa23 bility specific to such service; and 


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1 (II) regardless of whether commer2 cial mobile service or any other service 

3 is initialized on the device; and 

4 (ii) that consists only of the provision 

5 of a service described in subparagraph (B) 

6 to an area that is an unserved area with re7 spect to such service. 

8 (B) SERVICES DESCRIBED.—The services 

9 described in this subparagraph are the following: 

10 (i) Transmitting alert messages to cov11 ered devices. 

12 (ii) Providing emergency information 

13 from a covered device to a public safety an14 swering point (which may include enhanced 

15 9–1–1 service). 

16 (6) ENHANCED 9–1–1 SERVICE.—The term ‘‘en17 hanced 9–1–1 service’’ has the meaning given such 

18 term in section 7 of the Wireless Communications and 

19 Public Safety Act of 1999 (47 U.S.C. 615b). 

20 (7) MOBILE DEVICE.—The term ‘‘mobile device’’ 

21 has the meaning given such term in section 10.10 of 

22 title 47, Code of Federal Regulations (or any suc23 cessor regulation). 

24 (8) PUBLIC SAFETY ANSWERING POINT.—The 

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1 ing given such term in section 7 of the Wireless Com2 munications and Public Safety Act of 1999 (47 

3 U.S.C. 615b). 

4 (9) TABLE OF FREQUENCY ALLOCATIONS.—The 

5 term ‘‘table of frequency allocations’’ means the 

6 United States table of frequency allocations contained 

7 in section 2.106 of title 47, Code of Federal Regula8 tions (or any successor regulation). 

9 (10) UNSERVED AREA.—The term ‘‘unserved 

10 area’’ means, with respect to a service described in 

11 paragraph (5)(B), an area that, due to lack of infra12 structure, destruction of infrastructure, a power out13 age, or any other reason, has no provider of commer14 cial mobile service that is capable of providing such 

15 service. 


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Union Calendar No. 25 

118TH CONGRESS 

1ST SESSION H. R. 1353 

[Report No. 118–39] 

A BILL 

To direct the Federal Communications Commission 

connectivity service, and for other purposes. to issue rules for the provision of emergency 

APRIL 24, 2023 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


kjohnson on DSK79L0C42PROD with BILLS