I 

118TH CONGRESS 

1ST SESSION H. R. 1353 

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 

A BILL 

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, 

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 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1353 IH

1 Commission shall issue rules for the provision of 

2 emergency connectivity service under which— 

3 (A) a person may submit to the Commis4 sion an application for approval to provide such 

5 service to an area— 

6 (i) that is an unserved area with re7 spect to either or both services described in 

8 subsection (h)(5)(B); or 

9 (ii) in the event that such area be10 comes an unserved area with respect to ei11 ther or both such services due to destruc12 tion of infrastructure, a power outage, or 

13 any other reason; and 

14 (B) for any period during which such ap15 proval is in effect and such area is an unserved 

16 area, such person will receive access to electro17 magnetic spectrum in accordance with sub18 section (d) to provide emergency connectivity 

19 service to such area. 

20 (2) PROVIDER NOT LICENSEE.—The Commis21 sion shall include in the rules issued under para22 graph (1) language to ensure that approval of an ap23 plication to provide emergency connectivity service 

24 under such rules does not render the provider of 

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


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 1353 IH

1 section 3 of the Communications Act of 1934 (47 

2 U.S.C. 153)). 

3 (3) DEADLINE TO INITIATE RULEMAKING.— 

4 The Commission shall initiate a rulemaking to issue 

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

6 180 days after the date of the enactment of this Act. 

7 (b) CERTIFICATIONS.—In the rules issued under sub8 section (a), the Commission shall require a person who 

9 submits an application to provide emergency connectivity 

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

11 be approved, to certify to the Commission the following: 

12 (1) Such person has a technical proposal de13 scribing how such person plans to provide such serv14 ice and has included in the application evidence dem15 onstrating how the proposal complies with technical 

16 requirements included in such rules under subsection 

17 (d)(2). 

18 (2) Such person will not use any electro19 magnetic spectrum to which access is made available 

20 under such rules to provide any service other than 

21 emergency connectivity service, unless the other 

22 service is provided under a separate authorization to 

23 use such spectrum held by such person. 

24 (3) Such service proposed can withstand the 

25 impact of major natural disasters, such as earthVerDate Sep 11 2014 04:30 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1353.IH H1353

kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 1353 IH

1 quakes, hurricanes, wildfires, floods, blizzards, and 

2 tornados. 

3 (4) Such person has the capability to begin pro4 viding such service in a rapid manner— 

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

6 such service to an area that is an unserved area 

7 at the time at which the application is sub8 mitted, after the approval of the application; or 

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

10 such service to an area in the event that such 

11 area becomes an unserved area due to destruc12 tion of infrastructure, a power outage, or any 

13 other reason, after such area becomes an 

14 unserved area. 

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

16 Commission shall publish on the internet website of the 

17 Commission a list of all providers of emergency 

18 connectivity service for which an approval is in effect to 

19 provide such service under the rules issued under sub20 section (a). 

21 (d) ACCESS TO ELECTROMAGNETIC SPECTRUM.— 

22 The Commission shall include in the rules issued under 

23 subsection (a) the following: 

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

25 connectivity service that is approved to provide such 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 1353 IH

1 service to an area under such rules and that seeks 

2 access to spectrum that another entity is authorized 

3 to use, access to such spectrum shall be made avail4 able to such provider only if such provider receives 

5 express, written consent for such access from such 

6 entity. 

7 (2) With respect to providers of emergency 

8 connectivity service that are approved to provide 

9 such service to an area under such rules, technical 

10 requirements applicable to such providers that en11 sure that the use of electromagnetic spectrum under 

12 a relevant approval does not cause harmful inter13 ference to the use of such spectrum by another enti14 ty authorized to provide a service to such area using 

15 such spectrum. 

16 (e) AREAS UNSERVED WITH RESPECT TO BOTH

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

18 area with respect to both services described in subsection 

19 (h)(5)(B), the rules issued under subsection (a) shall re20 quire that, if a provider approved to provide emergency 

21 connectivity service to such area under such rules chooses 

22 to provide emergency connectivity service to such area, 

23 such provider shall provide both services described in sub24 section (h)(5)(B) to such area. 

25 (f) LIMITATION OF LIABILITY.— 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 1353 IH

1 (1) TRANSMISSION OF ALERT MESSAGES.—Sec2 tion 602(e)(1) of the Warning, Alert, and Response 

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

4 a provider of emergency connectivity service (includ5 ing its officers, directors, employees, vendors, and 

6 agents) with respect to the provision of such service 

7 (to the extent such service consists of the provision 

8 of the service described in subsection (h)(5)(B)(i) of 

9 this section) in accordance with the rules issued 

10 under subsection (a) of this section, as if such pro11 vider were a provider of commercial mobile service 

12 that transmits emergency alerts and meets its obli13 gations under such Act. 

14 (2) PROVISION OF 9–1–1 SERVICE.— 

15 (A) IN GENERAL.—Section 4 of the Wire16 less Communications and Public Safety Act of 

17 1999 (47 U.S.C. 615a) is amended— 

18 (i) in subsection (a)— 

19 (I) by inserting ‘‘emergency 

20 connectivity service provider,’’ after 

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

22 and 

23 (II) by inserting ‘‘emergency 

24 connectivity service,’’ after ‘‘emer25 gency services,’’; 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 1353 IH

1 (ii) in subsection (b)— 

2 (I) by striking ‘‘IP-enabled voice 

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

4 voice service, emergency connectivity 

5 service, or’’; and 

6 (II) by inserting ‘‘emergency 

7 connectivity service,’’ after ‘‘IP-en8 abled voice service,’’; and 

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

10 ‘‘emergency connectivity service,’’ after 

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

12 appears. 

13 (B) DEFINITIONS.—Section 7 of the Wire14 less Communications and Public Safety Act of 

15 1999 (47 U.S.C. 615b) is amended by adding 

16 at the end the following: 

17 ‘‘(11) EMERGENCY CONNECTIVITY SERVICE.— 

18 The term ‘emergency connectivity service’ has the 

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

20 2(h) of the Advanced, Local Emergency Response 

21 Telecommunications Parity Act, to the extent such 

22 service consists of the provision of the service de23 scribed in subparagraph (B)(ii) of such paragraph. 

24 ‘‘(12) EMERGENCY CONNECTIVITY SERVICE

25 PROVIDER.—The term ‘emergency connectivity servVerDate Sep 11 2014 04:30 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1353.IH H1353

kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 1353 IH

1 ice provider’ means a person who provides emer2 gency connectivity service in accordance with the 

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

4 Local Emergency Response Telecommunications 

5 Parity Act.’’. 

6 (g) RULES OF CONSTRUCTION.—Nothing in this sec7 tion may be construed to— 

8 (1) preclude the Commission, before it issues 

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

10 of electromagnetic spectrum by a person that other11 wise meets the requirements of this section; or 

12 (2) preclude the Commission from approving an 

13 application to provide emergency connectivity service 

14 under the rules issued under subsection (a) that pro15 poses using spectrum in a manner that is incon16 sistent with the Table of Frequency Allocations. 

17 (h) DEFINITIONS.—In this section: 

18 (1) ALERT MESSAGE.—The term ‘‘alert mes19 sage’’ has the meaning given such term in section 

20 10.10 of title 47, Code of Federal Regulations (or 

21 any successor regulation). 

22 (2) COMMERCIAL MOBILE SERVICE.—The term 

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

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

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


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 1353 IH

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

2 means the Federal Communications Commission. 

3 (4) COVERED DEVICE.—The term ‘‘covered de4 vice’’ means— 

5 (A) a mobile device; or 

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

7 (i) receiving alert messages; and 

8 (ii) providing emergency information 

9 to a public safety answering point (which 

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

11 (5) EMERGENCY CONNECTIVITY SERVICE.— 

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

13 connectivity service’’ means a service— 

14 (i) to which covered devices are capa15 ble of connecting— 

16 (I) without any technical capa17 bility specific to such service; and 

18 (II) regardless of whether com19 mercial mobile service or any other 

20 service is initialized on the device; and 

21 (ii) that consists only of the provision 

22 of a service described in subparagraph (B) 

23 to an area that is an unserved area with 

24 respect to such service. 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 1353 IH

1 (B) SERVICES DESCRIBED.—The services 

2 described in this subparagraph are the fol3 lowing: 

4 (i) Transmitting alert messages to 

5 covered devices. 

6 (ii) Providing emergency information 

7 from a covered device to a public safety 

8 answering point (which may include en9 hanced 9–1–1 service). 

10 (6) ENHANCED 9–1–1 SERVICE.—The term ‘‘en11 hanced 9–1–1 service’’ has the meaning given such 

12 term in section 7 of the Wireless Communications 

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

14 (7) MOBILE DEVICE.—The term ‘‘mobile de15 vice’’ has the meaning given such term in section 

16 10.10 of title 47, Code of Federal Regulations (or 

17 any successor regulation). 

18 (8) PUBLIC SAFETY ANSWERING POINT.—The 

19 term ‘‘public safety answering point’’ has the mean20 ing given such term in section 7 of the Wireless 

21 Communications and Public Safety Act of 1999 (47 

22 U.S.C. 615b). 

23 (9) TABLE OF FREQUENCY ALLOCATIONS.—The 

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

25 United States table of frequency allocations conVerDate Sep 11 2014 04:30 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1353.IH H1353

kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 1353 IH

1 tained in section 2.106 of title 47, Code of Federal 

2 Regulations (or any successor regulation). 

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

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

5 paragraph (5)(B), an area that, due to lack of infra6 structure, destruction of infrastructure, a power out7 age, or any other reason, has no provider of com8 mercial mobile service that is capable of providing 

9 such service. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS