II 

115TH CONGRESS 

1ST SESSION S. 102 

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, and Mr. 

NELSON) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Networks in Disasters Act of 2017’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that the voluntary policies 

8 outlined in the Wireless Network Resiliency Cooperative 


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1 Framework should be adhered to by all parties to aid con2 sumers, 9–1–1 professionals, first responders, and local 

3 governments, in accessing communication services during 

4 times of emergency. 

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

6 (a) DEFINITIONS.—In this section— 

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

8 Communications Commission; 

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

10 (A) commercial mobile service (as defined 

11 in section 332 of the Communications Act of 

12 1934 (47 U.S.C. 332)); or 

13 (B) commercial mobile data service (as de14 fined in section 6001 of the Middle Class Tax 

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

16 1401)); 

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

18 (A) an emergency or major disaster, as 

19 those terms are defined in section 102 of the 

20 Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5122); or 

22 (B) an emergency as declared by the Gov23 ernor of a State or territory of the United 

24 States; and 


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1 (4) the term ‘‘WiFi access points’’ means wire2 less Internet access using the standard designated as 

3 802.11 or any variant thereof. 

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

5 1 SERVICES DURING TIMES OF EMERGENCY.— 

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

7 the date of enactment of this Act, the Commission 

8 shall submit to Congress, and make publicly avail9 able on the website of the Commission, a study on 

10 the public safety benefits and technical feasibility 

11 and cost of— 

12 (A) making telecommunications service 

13 provider-owned WiFi access points, and other 

14 telecommunications service provider-owned com15 munications technologies operating on unli16 censed spectrum, available to the general public 

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

18 any login credentials, during times of emer19 gency when mobile service is unavailable; 

20 (B) the provision by non-telecommuni21 cations service provider-owned WiFi access 

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

23 times of emergency when mobile service is un24 available; and 


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1 (C) other alternative means of providing 

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

3 times of emergency when mobile service is un4 available. 

5 (2) CONSIDERATIONS.—In conducting the study 

6 required under paragraph (1), the Commission shall 

7 consider issues related to making WiFi access points 

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

9 services, including communications network provider 

10 liability, the operational security of communications 

11 networks, and any existing actions or authorities in 

12 and among the States. 

13 (c) DIRECTORY.— 

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

15 the date of enactment of this Act, the Commission 

16 shall create a master point of contact directory to 

17 provide for effective communication between public 

18 safety answering points and telecommunications 

19 service providers. 

20 (2) CONFIDENTIALITY.—The directory estab21 lished under this subsection shall be available to 

22 telecommunications service providers and public 

23 safety answering points on a confidential basis. 

24 (3) EXEMPTION FROM PAPERWORK REDUCTION

25 ACT REQUIREMENTS.—In establishing the directory 


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1 under this subsection, the Commission shall be ex2 empted from chapter 35 of title 44, United States 

3 Code (commonly known as the ‘‘Paperwork Reduc4 tion Act’’). 

5 (d) GAO STUDY AND REPORT.— 

6 (1) DEFINITIONS.—In this subsection— 

7 (A) the term ‘‘essential communications 

8 services’’ means wireline and mobile telephone 

9 service, Internet access service, radio and tele10 vision broadcasting, cable service, and direct 

11 broadcast satellite service; and 

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

13 the meaning given the term in section 101 of 

14 title 5, United States Code. 

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

16 United States shall conduct a study on— 

17 (A) how Executive departments can better 

18 ensure essential communications services re19 main operational during times of emergency; 

20 and 

21 (B) any legislative matters, if appropriate, 

22 Congress could consider to help promote the re23 siliency of essential communications services. 

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

25 the date of enactment of this Act, the Comptroller 


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1 General shall transmit a report to Congress con2 taining the findings and recommendations of the 

3 study required under paragraph (2). 

4 (e) EXPANDING LIST OF ESSENTIAL SERVICE PRO5 VIDERS DURING FEDERALLY DECLARED EMERGENCIES

6 TO INCLUDE ALL COMMUNICATIONS PROVIDERS; PRO7 VIDING ACCESS TO ESSENTIAL SERVICE PROVIDERS.— 

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

9 Emergency Assistance Act (42 U.S.C. 5189e) is amend10 ed— 

11 (1) in subsection (a)(1)(A), by striking ‘‘tele12 communications service’’ and inserting ‘‘wireline or 

13 mobile telephone service, Internet access service, 

14 radio or television broadcasting, cable service, or di15 rect broadcast satellite service’’; and 

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

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

18 acting through the Administrator of the Federal Emer19 gency Management Agency, shall encourage the adoption 

20 of mutual aid agreements that recognize the credentials 

21 of essential service providers issued by all parties to the 

22 mutual aid agreement.’’. 

23 (f) COMMUNICATIONS NETWORKS ARE DESIGNATED

24 ESSENTIAL ASSISTANCE DURING FEDERALLY DECLARED

25 EMERGENCIES.—Section 403(a)(3) of the Robert T. StafVerDate Sep 11 2014 04:30 Jan 24, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S102.IS S102

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1 ford Disaster Relief and Emergency Assistance Act (42 

2 U.S.C. 5170b(a)(3)) is amended— 

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

4 the end; 

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

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

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

8 ‘‘(K) allowing for access to essential serv9 ice providers necessary for establishing tem10 porary or restoring wireline or mobile telephone 

11 service, Internet access service, radio or tele12 vision broadcasting, cable service, or direct 

13 broadcast satellite service.’’. 

Æ 


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