115TH CONGRESS 

1ST SESSION S. 102 

AN ACT 

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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†S 102 ES

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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†S 102 ES

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) GAO STUDY AND REPORT.— 

19 (1) DEFINITIONS.—In this subsection— 

20 (A) the term ‘‘essential communications 

21 services’’ means wireline and mobile telephone 

22 service, Internet access service, radio and tele23 vision broadcasting, cable service, and direct 

24 broadcast satellite service; and 
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1 (B) the term ‘‘Executive departments’’ has 

2 the meaning given the term in section 101 of 

3 title 5, United States Code. 

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

5 United States shall conduct a study on— 

6 (A) how Executive departments can better 

7 ensure essential communications services re8 main operational during times of emergency; 

9 (B) any legislative matters, if appropriate, 

10 Congress could consider to help promote the re11 siliency of essential communications services; 

12 and 

13 (C) whether a nationwide directory of 

14 points of contact among providers of essential 

15 communications services is needed to facilitate 

16 the rapid restoration of such services damaged 

17 during times of emergency. 

18 (3) CONSIDERATIONS.—In making the deter19 mination described in paragraph (2)(C), the Comp20 troller General shall consider— 

21 (A) any similar directories that exist at the 

22 Federal, State, or local level, including the ef23 fectiveness of such directories; 
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1 (B) how such a directory could be estab2 lished and updated, including what types of in3 formation would be most useful; 

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

5 managed to adequately ensure the confiden6 tiality of any sensitive information and oper7 ational security of essential communications 

8 services; and 

9 (D) the resources necessary to establish 

10 and maintain such a directory. 

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

12 the date of enactment of this Act, the Comptroller 

13 General shall transmit a report to Congress con14 taining the findings and recommendations of the 

15 study required under paragraph (2). 

16 (d) EXPANDING LIST OF ESSENTIAL SERVICE PRO17 VIDERS DURING FEDERALLY DECLARED EMERGENCIES

18 TO INCLUDE ALL COMMUNICATIONS PROVIDERS; PRO19 VIDING ACCESS TO ESSENTIAL SERVICE PROVIDERS.— 

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

21 Emergency Assistance Act (42 U.S.C. 5189e) is amend22 ed— 

23 (1) in subsection (a)(1)(A), by striking ‘‘tele24 communications service’’ and inserting ‘‘wireline or 

25 mobile telephone service, Internet access service, 
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1 radio or television broadcasting, cable service, or di2 rect broadcast satellite service’’; and 

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

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

5 acting through the Administrator of the Federal Emer6 gency Management Agency, shall encourage the adoption 

7 of mutual aid agreements that recognize the credentials 

8 of essential service providers issued by all parties to the 

9 mutual aid agreement.’’. 

10 (e) COMMUNICATIONS NETWORKS ARE DESIGNATED

11 ESSENTIAL ASSISTANCE DURING FEDERALLY DECLARED

12 EMERGENCIES.—Section 403(a)(3) of the Robert T. Staf13 ford Disaster Relief and Emergency Assistance Act (42 

14 U.S.C. 5170b(a)(3)) is amended— 

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

16 the end; 

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

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

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

20 ‘‘(K) allowing for access to essential serv21 ice providers necessary for establishing tem22 porary or restoring wireline or mobile telephone 

23 service, Internet access service, radio or tele-
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1 vision broadcasting, cable service, or direct 

2 broadcast satellite service.’’. 

Passed the Senate September 11, 2017. 

Attest: 

Secretary. 

115TH CONGRESS 

1ST SESSION S. 102 

AN ACT 

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