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. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

HR 1353 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Advanced, Local Emer3 gency Response Telecommunications Parity Act’’ or the 

4 ‘‘ALERT Parity Act’’. 

5 SEC. 2. EMERGENCY CONNECTIVITY SERVICE. 

6 (a) RULEMAKING REQUIRED.— 

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

8 after the date of the enactment of this Act, the 

9 Commission shall issue rules for the provision of 

10 emergency connectivity service under which— 

11 (A) a person may submit to the Commis12 sion an application for approval to provide such 

13 service to an area— 

14 (i) that is an unserved area with re15 spect to either or both services described in 

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

17 (ii) in the event that such area be18 comes an unserved area with respect to ei19 ther or both such services due to destruc20 tion of infrastructure, a power outage, or 

21 any other reason; and 

22 (B) for any period during which such ap23 proval is in effect and such area is an unserved 

24 area, such person will receive access to electro25 magnetic spectrum in accordance with subVerDate Sep 11 2014 19:02 May 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1353.RFS H1353

kjohnson on DSK79L0C42PROD with BILLS
3 

HR 1353 RFS

1 section (d) to provide emergency connectivity 

2 service to such area. 

3 (2) PROVIDER NOT LICENSEE.—The Commis4 sion shall include in the rules issued under para5 graph (1) language to ensure that approval of an ap6 plication to provide emergency connectivity service 

7 under such rules does not render the provider of 

8 such service a licensee (as such term is defined in 

9 section 3 of the Communications Act of 1934 (47 

10 U.S.C. 153)). 

11 (3) DEADLINE TO INITIATE RULEMAKING.— 

12 The Commission shall initiate a rulemaking to issue 

13 the rules required by paragraph (1) not later than 

14 180 days after the date of the enactment of this Act. 

15 (b) DEMONSTRATIONS.—In the rules issued under 

16 subsection (a), the Commission shall require a person who 

17 submits an application to provide emergency connectivity 

18 service under such rules, in order for such application to 

19 be approved, to demonstrate to the Commission the fol20 lowing: 

21 (1) Such person has a technical proposal de22 scribing how such person plans to provide such serv23 ice and how the proposal complies with technical re24 quirements included in such rules under subsection 

25 (d)(2). 


kjohnson on DSK79L0C42PROD with BILLS
4 

HR 1353 RFS

1 (2) Such person will not use any electro2 magnetic spectrum to which access is made available 

3 under such rules to provide any service other than 

4 emergency connectivity service, unless the other 

5 service is provided under a separate authorization to 

6 use such spectrum held by such person. 

7 (3) Such service proposed can withstand the 

8 impact of major natural disasters, such as earth9 quakes, hurricanes, wildfires, floods, blizzards, and 

10 tornados. 

11 (4) Such person has the capability to begin pro12 viding such service in a rapid manner— 

13 (A) in the case of an application to provide 

14 such service to an area that is an unserved area 

15 at the time at which the application is sub16 mitted, after the approval of the application; or 

17 (B) in the case of an application to provide 

18 such service to an area in the event that such 

19 area becomes an unserved area due to destruc20 tion of infrastructure, a power outage, or any 

21 other reason, after such area becomes an 

22 unserved area. 

23 (c) PUBLICATION OF LIST OF PROVIDERS.—The 

24 Commission shall publish on the internet website of the 

25 Commission a list of all providers of emergency 


kjohnson on DSK79L0C42PROD with BILLS
5 

HR 1353 RFS

1 connectivity service for which an approval is in effect to 

2 provide such service under the rules issued under sub3 section (a). 

4 (d) ACCESS TO ELECTROMAGNETIC SPECTRUM.— 

5 The Commission shall include in the rules issued under 

6 subsection (a) the following: 

7 (1) In the case of a provider of emergency 

8 connectivity service that is approved to provide such 

9 service to an area under such rules and that seeks 

10 access to spectrum that another entity is authorized 

11 to use, access to such spectrum shall be made avail12 able to such provider only if such provider receives 

13 voluntary express written consent for such access 

14 from such entity. An entity that receives a request 

15 for consent under this paragraph shall reasonably 

16 engage with the provider submitting the request and 

17 make a determination with respect to such request 

18 in a timely manner. 

19 (2) With respect to providers of emergency 

20 connectivity service that are approved to provide 

21 such service to an area under such rules, technical 

22 requirements applicable to such providers that en23 sure that the use of electromagnetic spectrum under 

24 a relevant approval does not cause harmful inter25 ference to the use of spectrum by another entity auVerDate Sep 11 2014 19:02 May 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1353.RFS H1353

kjohnson on DSK79L0C42PROD with BILLS
6 

HR 1353 RFS

1 thorized to provide a service to such area or an adja2 cent geographic area. 

3 (e) AREAS UNSERVED WITH RESPECT TO BOTH

4 SERVICES.—In the case of an area that is an unserved 

5 area with respect to both services described in subsection 

6 (i)(5)(B), the rules issued under subsection (a) shall re7 quire that, if a provider approved to provide emergency 

8 connectivity service to such area under such rules chooses 

9 to provide emergency connectivity service to such area, 

10 such provider shall provide both services described in sub11 section (i)(5)(B) to such 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 

16 a provider of emergency connectivity service (includ17 ing its officers, directors, employees, vendors, and 

18 agents) with respect to the provision of such service 

19 (to the extent such service consists of the provision 

20 of the service described in subsection (i)(5)(B)(i) of 

21 this section) in accordance with the rules issued 

22 under subsection (a) of this section, as if such pro23 vider were a provider of commercial mobile service 

24 that transmits emergency alerts and meets its obli25 gations under such Act. 


kjohnson on DSK79L0C42PROD with BILLS
7 

HR 1353 RFS

1 (2) PROVISION OF 9–1–1 SERVICE.— 

2 (A) IN GENERAL.—Section 4 of the Wire3 less Communications and Public Safety Act of 

4 1999 (47 U.S.C. 615a) is amended— 

5 (i) in subsection (a)— 

6 (I) by inserting ‘‘emergency 

7 connectivity service provider,’’ after 

8 ‘‘IP-enabled voice service provider,’’; 

9 and 

10 (II) by inserting ‘‘emergency 

11 connectivity service,’’ after ‘‘emer12 gency services,’’; 

13 (ii) in subsection (b)— 

14 (I) by striking ‘‘IP-enabled voice 

15 service or’’ and inserting ‘‘IP-enabled 

16 voice service, emergency connectivity 

17 service, or’’; and 

18 (II) by inserting ‘‘emergency 

19 connectivity service,’’ after ‘‘IP-en20 abled voice service,’’; and 

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

22 ‘‘emergency connectivity service,’’ after 

23 ‘‘IP-enabled voice service,’’ each place it 

24 appears. 


kjohnson on DSK79L0C42PROD with BILLS
8 

HR 1353 RFS

1 (B) DEFINITIONS.—Section 7 of the Wire2 less Communications and Public Safety Act of 

3 1999 (47 U.S.C. 615b) is amended by adding 

4 at the end the following: 

5 ‘‘(11) EMERGENCY CONNECTIVITY SERVICE.— 

6 The term ‘emergency connectivity service’ has the 

7 meaning given such term in paragraph (5) of section 

8 2(i) of the Advanced, Local Emergency Response 

9 Telecommunications Parity Act, to the extent such 

10 service consists of the provision of the service de11 scribed in subparagraph (B)(ii) of such paragraph. 

12 ‘‘(12) EMERGENCY CONNECTIVITY SERVICE

13 PROVIDER.—The term ‘emergency connectivity serv14 ice provider’ means a person who provides emer15 gency connectivity service in accordance with the 

16 rules issued under section 2(a) of the Advanced, 

17 Local Emergency Response Telecommunications 

18 Parity Act.’’. 

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

20 after the date on which the Commission issues rules under 

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

22 shall submit to the Committee on Energy and Commerce 

23 of the House of Representatives and the Committee on 

24 Commerce, Science, and Transportation of the Senate a 

25 report regarding the provision of emergency connectivity 


kjohnson on DSK79L0C42PROD with BILLS
9 

HR 1353 RFS

1 service under such rules, which shall include a description 

2 of— 

3 (1) each instance during the preceding year 

4 that emergency connectivity service was provided 

5 under such rules; and 

6 (2) each instance during the preceding year 

7 that an entity authorized to use spectrum declined 

8 to provide, to a provider of emergency connectivity 

9 service, the consent described in subsection (d)(1). 

10 (h) RULES OF CONSTRUCTION.—Nothing in this sec11 tion may be construed to— 

12 (1) provide the Commission with new authority 

13 to regulate the terms, conditions, or rates applicable 

14 to an agreement between 2 or more parties to facili15 tate the provision of emergency connectivity service; 

16 (2) preclude the Commission, before it issues 

17 rules under subsection (a), from permitting the use 

18 of electromagnetic spectrum by a person that other19 wise meets the requirements of this section; or 

20 (3) preclude the Commission from approving an 

21 application to provide emergency connectivity service 

22 under the rules issued under subsection (a) that pro23 poses using spectrum in a manner that is incon24 sistent with the Table of Frequency Allocations. 

25 (i) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42PROD with BILLS
10 

HR 1353 RFS

1 (1) ALERT MESSAGE.—The term ‘‘alert mes2 sage’’ has the meaning given such term in section 

3 10.10 of title 47, Code of Federal Regulations (or 

4 any successor regulation). 

5 (2) COMMERCIAL MOBILE SERVICE.—The term 

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

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

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

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

10 means the Federal Communications Commission. 

11 (4) COVERED DEVICE.—The term ‘‘covered de12 vice’’ means— 

13 (A) a mobile device; or 

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

15 (i) receiving alert messages; and 

16 (ii) providing emergency information 

17 to a public safety answering point (which 

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

19 (5) EMERGENCY CONNECTIVITY SERVICE.— 

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

21 connectivity service’’ means a service— 

22 (i) to which covered devices are capa23 ble of connecting— 

24 (I) without any technical capa25 bility specific to such service; and 


kjohnson on DSK79L0C42PROD with BILLS
11 

HR 1353 RFS

1 (II) regardless of whether com2 mercial mobile service or any other 

3 service 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 

7 respect to such service. 

8 (B) SERVICES DESCRIBED.—The services 

9 described in this subparagraph are the fol10 lowing: 

11 (i) Transmitting alert messages to 

12 covered devices. 

13 (ii) Providing emergency information 

14 from a covered device to a public safety 

15 answering point (which may include en16 hanced 9–1–1 service). 

17 (6) ENHANCED 9–1–1 SERVICE.—The term ‘‘en18 hanced 9–1–1 service’’ has the meaning given such 

19 term in section 7 of the Wireless Communications 

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

21 (7) MOBILE DEVICE.—The term ‘‘mobile de22 vice’’ has the meaning given such term in section 

23 10.10 of title 47, Code of Federal Regulations (or 

24 any successor regulation). 


kjohnson on DSK79L0C42PROD with BILLS
12 

HR 1353 RFS

1 (8) PUBLIC SAFETY ANSWERING POINT.—The 

2 term ‘‘public safety answering point’’ has the mean3 ing given such term in section 7 of the Wireless 

4 Communications and Public Safety Act of 1999 (47 

5 U.S.C. 615b). 

6 (9) TABLE OF FREQUENCY ALLOCATIONS.—The 

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

8 United States table of frequency allocations con9 tained in section 2.106 of title 47, Code of Federal 

10 Regulations (or any successor regulation). 

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

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

13 paragraph (5)(B), an area that, due to lack of infra14 structure, destruction of infrastructure, a power out15 age, or any other reason, has no provider of com16 mercial mobile service that is capable of providing 

17 such service. 

Passed the House of Representatives April 26, 2023. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42PROD with BILLS