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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1289 Engrossed in House (EH)]

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116th CONGRESS
  2d Session
                                H. R. 1289

_______________________________________________________________________

                                 AN ACT

 
To amend the Communications Act of 1934 to provide for a moratorium on 
    number reassignment after a disaster declaration, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Home and Office Numbers 
in Emergencies Act of 2020'' or the ``PHONE Act of 2020''.

SEC. 2. MORATORIUM ON NUMBER REASSIGNMENT AFTER DISASTER DECLARATION.

    (a) In General.--Section 251(e) of the Communications Act of 1934 
(47 U.S.C. 251(e)) is amended by adding at the end the following:
            ``(4) Moratorium on number reassignment after disaster 
        declaration.--
                    ``(A) In general.--In the case of a number assigned 
                to a subscriber for the provision of fixed wireline 
                voice service at a location in a designated area during 
                a covered period--
                            ``(i) the number may not be reassigned, 
                        except at the request of the subscriber; and
                            ``(ii) the assignment of the number may not 
                        be rescinded or otherwise modified, except at 
                        the request of the subscriber.
                    ``(B) Extension at request of subscriber.--During 
                the covered period, at the request of a subscriber 
                described in subparagraph (A), the prohibition in 
                subparagraph (A) shall be extended for the number for 1 
                year after the date on which the covered period 
                expires.
                    ``(C) Subscriber right to cancel and resubscribe.--
                            ``(i) In general.--In the case of a number 
                        described under subparagraph (A) or (B), if the 
                        subscriber assigned to such number demonstrates 
                        to the provider of the service (or, under 
                        subclause (II), any other provider of fixed 
                        wireline voice service that serves the local 
                        area) that the residence where the number is 
                        located is inaccessible or uninhabitable--
                                    ``(I) the provider may not charge 
                                the subscriber an early termination or 
                                other fee in connection with the 
                                cancellation of such service, if 
                                cancelled during the covered period or 
                                the extension of the period described 
                                in subparagraph (B); and
                                    ``(II) if the subscriber cancels 
                                the service during the covered period 
                                or the extension of the period 
                                described in subparagraph (B), the 
                                provider (or any other provider of 
                                fixed wireline voice service that 
                                serves the local area)--
                                            ``(aa) shall permit the 
                                        subscriber to subscribe or 
                                        resubscribe, as the case may 
                                        be, to fixed wireline voice 
                                        service with the number at the 
                                        residence or at a different 
                                        residence (if such number is 
                                        available in the location of 
                                        such different residence); and
                                            ``(bb) may not charge the 
                                        subscriber a connection fee or 
                                        any other fee relating to the 
                                        initiation of fixed wireline 
                                        voice service.
                            ``(ii) Cancellation without demonstration 
                        of inaccessibility or uninhabitability.--If a 
                        subscriber cancels the provision of service 
                        assigned to a number described in subparagraph 
                        (A) or (B) and does not demonstrate to the 
                        provider of such service that the residence 
                        where the number is located is inaccessible or 
                        uninhabitable as described under clause (i), 
                        the number is no longer subject to the 
                        prohibition under subparagraph (A) or (B).
                    ``(D) Identification on commission website.--The 
                Commission shall publicly identify on the website of 
                the Commission each designated area that is in a 
                covered period, not later than 15 days after the 
                submission of a public designation by a State under 
                subparagraph (E)(iii) with respect to such area. In 
                identifying a designated area under subparagraph 
                (E)(iii), a State shall consult with providers of fixed 
                wireline voice service that serve such area and 
                coordinate with the Federal Emergency Management Agency 
                to reasonably limit the designated area to areas that 
                have sustained covered damage.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Covered damage.--The term `covered 
                        damage' means, with respect to an area--
                                    ``(I) damage that renders 
                                residences in such area inaccessible or 
                                uninhabitable; or
                                    ``(II) damage that otherwise 
                                results in the displacement of 
                                subscribers from or within such area.
                            ``(ii) Covered period.--The term `covered 
                        period' means a period that--
                                    ``(I) begins on the date of a 
                                declaration by the President of a major 
                                disaster under section 401 of the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5170) with respect to a designated 
                                area; and
                                    ``(II) ends on the date that is 1 
                                year after such date.
                            ``(iii) Designated area.--The term 
                        `designated area' means a geographic area for 
                        which a State has submitted a public 
                        designation to the Commission, within 15 days 
                        after a declaration by the President of a major 
                        disaster under section 401 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5170) with respect to 
                        such area, stipulating that the State has 
                        determined that--
                                    ``(I) covered damage was sustained 
                                in such area; and
                                    ``(II) the prohibitions described 
                                in this paragraph are necessary and in 
                                the public interest.
                            ``(iv) Voice service.--The term `voice 
                        service' has the meaning given the term `voice 
                        service' in section 227(e)(8).''.
    (b) Amendment of FCC Rules Required.--Not later than 180 days after 
the date of the enactment of this Act, the Federal Communications 
Commission shall amend its rules to reflect the requirements of 
paragraph (4) of section 251(e) of the Communications Act of 1934 (47 
U.S.C. 251(e)), as added by subsection (a).
    (c) Applicability.--Paragraph (4) of section 251(e) of the 
Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection 
(a), shall apply with respect to a major disaster declared by the 
President under section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170) after the date that is 
180 days after the date on which the Commission announces that the 
Commission is capable of publicly identifying a designated area on the 
website of the Commission under subparagraph (D) of such paragraph (4).

            Passed the House of Representatives September 29, 2020.

            Attest:

                                                                 Clerk.
116th CONGRESS

  2d Session

                               H. R. 1289

_______________________________________________________________________

                                 AN ACT

To amend the Communications Act of 1934 to provide for a moratorium on 
    number reassignment after a disaster declaration, and for other 
                               purposes.
```