II 

Calendar No. 31 

115TH CONGRESS 

1ST SESSION S. 102 

[Report No. 115–24] 

To direct the Federal Communications Commission to commence proceedings 

related to the resiliency of critical communications networks during times 

of emergency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 11, 2017 

Ms. CANTWELL (for herself, Mr. BOOKER, Mr. THUNE, Mr. RUBIO, Mr. NELSON, and Mr. MENENDEZ) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

APRIL 5 (legislative day, APRIL 4), 2017 

Reported by Mr. THUNE, with an amendment 

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

A BILL 

To direct the Federal Communications Commission to commence proceedings related to the resiliency of critical 

communications networks during times of emergency, 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing Access to 

3 Networks in Disasters Act of 2017’’. 

4 SEC. 2. SENSE OF CONGRESS. 

5 It is the sense of Congress that the voluntary policies 

6 outlined in the Wireless Network Resiliency Cooperative 

7 Framework should be adhered to by all parties to aid con8 sumers, 9–1–1 professionals, first responders, and local 

9 governments, in accessing communication services during 

10 times of emergency. 

11 SEC. 3. SECURING ACCESS TO NETWORKS IN DISASTERS. 

12 (a) DEFINITIONS.—In this section— 

13 (1) the term ‘‘Commission’’ means the Federal 

14 Communications Commission; 

15 (2) the term ‘‘mobile service’’ means— 

16 (A) commercial mobile service (as defined 

17 in section 332 of the Communications Act of 

18 1934 (47 U.S.C. 332)); or 

19 (B) commercial mobile data service (as de20 fined in section 6001 of the Middle Class Tax 

21 Relief and Job Creation Act of 2012 (47 U.S.C. 

22 1401)); 

23 (3) the term ‘‘times of emergency’’ means— 

24 (A) an emergency or major disaster, as 

25 those terms are defined in section 102 of the 


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1 Robert T. Stafford Disaster Relief and Emer2 gency Assistance Act (42 U.S.C. 5122); or 

3 (B) an emergency as declared by the Gov4 ernor of a State or territory of the United 

5 States; and 

6 (4) the term ‘‘WiFi access points’’ means wire7 less Internet access using the standard designated as 

8 802.11 or any variant thereof. 

9 (b) FCC STUDY ON ALTERNATIVE ACCESS TO 9–1– 

10 1 SERVICES DURING TIMES OF EMERGENCY.— 

11 (1) STUDY.—Not later than 36 months after 

12 the date of enactment of this Act, the Commission 

13 shall submit to Congress, and make publicly avail14 able on the website of the Commission, a study on 

15 the public safety benefits and technical feasibility 

16 and cost of— 

17 (A) making telecommunications service 

18 provider-owned WiFi access points, and other 

19 telecommunications service provider-owned com20 munications technologies operating on unli21 censed spectrum, available to the general public 

22 for access to 9–1–1 services, without requiring 

23 any login credentials, during times of emer24 gency when mobile service is unavailable; 


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1 (B) the provision by non-telecommuni2 cations service provider-owned WiFi access 

3 points of public access to 9–1–1 services during 

4 times of emergency when mobile service is un5 available; and 

6 (C) other alternative means of providing 

7 the public with access to 9–1–1 services during 

8 times of emergency when mobile service is un9 available. 

10 (2) CONSIDERATIONS.—In conducting the study 

11 required under paragraph (1), the Commission shall 

12 consider issues related to making WiFi access points 

13 available to the general public for access to 9–1–1 

14 services, including communications network provider 

15 liability, the operational security of communications 

16 networks, and any existing actions or authorities in 

17 and among the States. 

18 (c) DIRECTORY.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Commission 

21 shall create a master point of contact directory to 

22 provide for effective communication between public 

23 safety answering points and telecommunications 

24 service providers. 


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1 (2) CONFIDENTIALITY.—The directory estab2 lished under this subsection shall be available to 

3 telecommunications service providers and public 

4 safety answering points on a confidential basis. 

5 (3) EXEMPTION FROM PAPERWORK REDUCTION

6 ACT REQUIREMENTS.—In establishing the directory 

7 under this subsection, the Commission shall be ex8 empted from chapter 35 of title 44, United States 

9 Code (commonly known as the ‘‘Paperwork Reduc10 tion Act’’). 

11 (d) GAO STUDY AND REPORT.— 

12 (1) DEFINITIONS.—In this subsection— 

13 (A) the term ‘‘essential communications 

14 services’’ means wireline and mobile telephone 

15 service, Internet access service, radio and tele16 vision broadcasting, cable service, and direct 

17 broadcast satellite service; and 

18 (B) the term ‘‘Executive departments’’ has 

19 the meaning given the term in section 101 of 

20 title 5, United States Code. 

21 (2) STUDY.—The Comptroller General of the 

22 United States shall conduct a study on— 

23 (A) how Executive departments can better 

24 ensure essential communications services reVerDate Sep 11 2014 03:22 Apr 06, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S102.RS S102

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1 main operational during times of emergency; 

2 and 

3 (B) any legislative matters, if appropriate, 

4 Congress could consider to help promote the re5 siliency of essential communications services. 

6 (3) REPORT.—Not later than 18 months after 

7 the date of enactment of this Act, the Comptroller 

8 General shall transmit a report to Congress con9 taining the findings and recommendations of the 

10 study required under paragraph (2). 

11 (e) EXPANDING LIST OF ESSENTIAL SERVICE PRO12 VIDERS DURING FEDERALLY DECLARED EMERGENCIES

13 TO INCLUDE ALL COMMUNICATIONS PROVIDERS; PRO14 VIDING ACCESS TO ESSENTIAL SERVICE PROVIDERS.— 

15 Section 427 of the Robert T. Stafford Disaster Relief and 

16 Emergency Assistance Act (42 U.S.C. 5189e) is amend17 ed— 

18 (1) in subsection (a)(1)(A), by striking ‘‘tele19 communications service’’ and inserting ‘‘wireline or 

20 mobile telephone service, Internet access service, 

21 radio or television broadcasting, cable service, or di22 rect broadcast satellite service’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(d) MUTUAL AID AGREEMENTS.—The President, 

25 acting through the Administrator of the Federal EmerVerDate Sep 11 2014 03:22 Apr 06, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S102.RS S102

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1 gency Management Agency, shall encourage the adoption 

2 of mutual aid agreements that recognize the credentials 

3 of essential service providers issued by all parties to the 

4 mutual aid agreement.’’. 

5 (f) COMMUNICATIONS NETWORKS ARE DESIGNATED

6 ESSENTIAL ASSISTANCE DURING FEDERALLY DECLARED

7 EMERGENCIES.—Section 403(a)(3) of the Robert T. Staf8 ford Disaster Relief and Emergency Assistance Act (42 

9 U.S.C. 5170b(a)(3)) is amended— 

10 (1) in subparagraph (I), by striking ‘‘and’’ at 

11 the end; 

12 (2) in subparagraph (J), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(K) allowing for access to essential serv16 ice providers necessary for establishing tem17 porary or restoring wireline or mobile telephone 

18 service, Internet access service, radio or tele19 vision broadcasting, cable service, or direct 

20 broadcast satellite service.’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Securing Access to Net23 works in Disasters Act of 2017’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that the voluntary policies 

3 outlined in the Wireless Network Resiliency Cooperative 

4 Framework should be adhered to by all parties to aid con5 sumers, 9–1–1 professionals, first responders, and local gov6 ernments, in accessing communication services during 

7 times of emergency. 

8 SEC. 3. SECURING ACCESS TO NETWORKS IN DISASTERS. 

9 (a) DEFINITIONS.—In this section— 

10 (1) the term ‘‘Commission’’ means the Federal 

11 Communications Commission; 

12 (2) the term ‘‘mobile service’’ means— 

13 (A) commercial mobile service (as defined 

14 in section 332 of the Communications Act of 

15 1934 (47 U.S.C. 332)); or 

16 (B) commercial mobile data service (as de17 fined in section 6001 of the Middle Class Tax 

18 Relief and Job Creation Act of 2012 (47 U.S.C. 

19 1401)); 

20 (3) the term ‘‘times of emergency’’ means— 

21 (A) an emergency or major disaster, as 

22 those terms are defined in section 102 of the Rob23 ert T. Stafford Disaster Relief and Emergency 

24 Assistance Act (42 U.S.C. 5122); or 


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1 (B) an emergency as declared by the Gov2 ernor of a State or territory of the United States; 

3 and 

4 (4) the term ‘‘WiFi access points’’ means wireless 

5 Internet access using the standard designated as 

6 802.11 or any variant thereof. 

7 (b) FCC STUDY ON ALTERNATIVE ACCESS TO 9-1-1 

8 SERVICES DURING TIMES OF EMERGENCY.— 

9 (1) STUDY.—Not later than 36 months after the 

10 date of enactment of this Act, the Commission shall 

11 submit to Congress, and make publicly available on 

12 the website of the Commission, a study on the public 

13 safety benefits and technical feasibility and cost of— 

14 (A) making telecommunications service pro15 vider-owned WiFi access points, and other tele16 communications service provider-owned commu17 nications technologies operating on unlicensed 

18 spectrum, available to the general public for ac19 cess to 9–1–1 services, without requiring any 

20 login credentials, during times of emergency 

21 when mobile service is unavailable; 

22 (B) the provision by non-telecommuni23 cations service provider-owned WiFi access 

24 points of public access to 9–1–1 services during 


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1 times of emergency when mobile service is un2 available; and 

3 (C) other alternative means of providing the 

4 public with access to 9–1–1 services during times 

5 of emergency when mobile service is unavailable. 

6 (2) CONSIDERATIONS.—In conducting the study 

7 required under paragraph (1), the Commission shall 

8 consider issues related to making WiFi access points 

9 available to the general public for access to 9-1-1 serv10 ices, including communications network provider li11 ability, the operational security of communications 

12 networks, and any existing actions or authorities in 

13 and among the States. 

14 (c) GAO STUDY AND REPORT.— 

15 (1) DEFINITIONS.—In this subsection— 

16 (A) the term ‘‘essential communications 

17 services’’ means wireline and mobile telephone 

18 service, Internet access service, radio and tele19 vision broadcasting, cable service, and direct 

20 broadcast satellite service; and 

21 (B) the term ‘‘Executive departments’’ has 

22 the meaning given the term in section 101 of 

23 title 5, United States Code. 

24 (2) STUDY.—The Comptroller General of the 

25 United States shall conduct a study on— 


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1 (A) how Executive departments can better 

2 ensure essential communications services remain 

3 operational during times of emergency; 

4 (B) any legislative matters, if appropriate, 

5 Congress could consider to help promote the resil6 iency of essential communications services; and 

7 (C) whether a nationwide directory of 

8 points of contact among providers of essential 

9 communications services is needed to facilitate 

10 the rapid restoration of such services damaged 

11 during times of emergency. 

12 (3) CONSIDERATIONS.—In making the deter13 mination described in paragraph (2)(C), the Comp14 troller General shall consider— 

15 (A) any similar directories that exist at the 

16 Federal, State, or local level, including the effec17 tiveness of such directories; 

18 (B) how such a directory could be estab19 lished and updated, including what types of in20 formation would be most useful; 

21 (C) how access to such a directory could be 

22 managed to adequately ensure the confidentiality 

23 of any sensitive information and operational se24 curity of essential communications services; and 


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1 (D) the resources necessary to establish and 

2 maintain such a directory. 

3 (4) REPORT.—Not later than 18 months after the 

4 date of enactment of this Act, the Comptroller General 

5 shall transmit a report to Congress containing the 

6 findings and recommendations of the study required 

7 under paragraph (2). 

8 (d) EXPANDING LIST OF ESSENTIAL SERVICE PRO9 VIDERS DURING FEDERALLY DECLARED EMERGENCIES TO

10 INCLUDE ALL COMMUNICATIONS PROVIDERS; PROVIDING

11 ACCESS TO ESSENTIAL SERVICE PROVIDERS.—Section 427 

12 of the Robert T. Stafford Disaster Relief and Emergency 

13 Assistance Act (42 U.S.C. 5189e) is amended— 

14 (1) in subsection (a)(1)(A), by striking ‘‘tele15 communications service’’ and inserting ‘‘wireline or 

16 mobile telephone service, Internet access service, radio 

17 or television broadcasting, cable service, or direct 

18 broadcast satellite service’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(d) MUTUAL AID AGREEMENTS.—The President, act21 ing through the Administrator of the Federal Emergency 

22 Management Agency, shall encourage the adoption of mu23 tual aid agreements that recognize the credentials of essen24 tial service providers issued by all parties to the mutual 

25 aid agreement.’’. 


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1 (e) COMMUNICATIONS NETWORKS ARE DESIGNATED

2 ESSENTIAL ASSISTANCE DURING FEDERALLY DECLARED

3 EMERGENCIES.—Section 403(a)(3) of the Robert T. Staf4 ford Disaster Relief and Emergency Assistance Act (42 

5 U.S.C. 5170b(a)(3)) is amended— 

6 (1) in subparagraph (I), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (J), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(K) allowing for access to essential service 

12 providers necessary for establishing temporary or 

13 restoring wireline or mobile telephone service, 

14 Internet access service, radio or television broad15 casting, cable service, or direct broadcast satellite 

16 service.’’. 


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Calendar No. 31 

115TH CONGRESS 

1ST SESSION S. 102 

[Report No. 115–24] 

A BILL 

To direct the Federal Communications Commission 

of emergency, and for other purposes. of critical communications networks during times to commence proceedings related to the resiliency 

APRIL 5 (legislative day, APRIL 4), 2017 

Reported with an amendment 


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