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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1353 Referred in Senate (RFS)]

<DOC>
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 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 (i)(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) Demonstrations.--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 demonstrate to the Commission the 
following:
            (1) Such person has a technical proposal describing how 
        such person plans to provide such service and 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 
        voluntary express written consent for such access from such 
        entity. An entity that receives a request for consent under 
        this paragraph shall reasonably engage with the provider 
        submitting the request and make a determination with respect to 
        such request in a timely manner.
            (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 spectrum by another entity authorized to provide 
        a service to such area or an adjacent geographic area.
    (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 (i)(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 (i)(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 (i)(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(i) 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) Report to Congress.--Not later than 1 year after the date on 
which the Commission issues rules under subsection (a), and annually 
thereafter, the Commission shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report regarding the 
provision of emergency connectivity service under such rules, which 
shall include a description of--
            (1) each instance during the preceding year that emergency 
        connectivity service was provided under such rules; and
            (2) each instance during the preceding year that an entity 
        authorized to use spectrum declined to provide, to a provider 
        of emergency connectivity service, the consent described in 
        subsection (d)(1).
    (h) Rules of Construction.--Nothing in this section may be 
construed to--
            (1) provide the Commission with new authority to regulate 
        the terms, conditions, or rates applicable to an agreement 
        between 2 or more parties to facilitate the provision of 
        emergency connectivity service;
            (2) 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
            (3) 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.
    (i) 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.

            Passed the House of Representatives April 26, 2023.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
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