IIB 

116TH CONGRESS 

2D SESSION H. R. 1289 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

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. 

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 ‘‘Preserving Home and 

3 Office Numbers in Emergencies Act of 2020’’ or the 

4 ‘‘PHONE Act of 2020’’. 

5 SEC. 2. MORATORIUM ON NUMBER REASSIGNMENT AFTER 

6 DISASTER DECLARATION. 

7 (a) IN GENERAL.—Section 251(e) of the Commu8 nications Act of 1934 (47 U.S.C. 251(e)) is amended by 

9 adding at the end the following: 

10 ‘‘(4) MORATORIUM ON NUMBER REASSIGNMENT

11 AFTER DISASTER DECLARATION.— 

12 ‘‘(A) IN GENERAL.—In the case of a num13 ber assigned to a subscriber for the provision of 

14 fixed wireline voice service at a location in a 

15 designated area during a covered period— 

16 ‘‘(i) the number may not be reas17 signed, except at the request of the sub18 scriber; and 

19 ‘‘(ii) the assignment of the number 

20 may not be rescinded or otherwise modi21 fied, except at the request of the sub22 scriber. 

23 ‘‘(B) EXTENSION AT REQUEST OF SUB24 SCRIBER.—During the covered period, at the 

25 request of a subscriber described in subpara26 graph (A), the prohibition in subparagraph (A) 


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1 shall be extended for the number for 1 year 

2 after the date on which the covered period ex3 pires. 

4 ‘‘(C) SUBSCRIBER RIGHT TO CANCEL AND

5 RESUBSCRIBE.— 

6 ‘‘(i) IN GENERAL.—In the case of a 

7 number described under subparagraph (A) 

8 or (B), if the subscriber assigned to such 

9 number demonstrates to the provider of 

10 the service (or, under subclause (II), any 

11 other provider of fixed wireline voice serv12 ice that serves the local area) that the resi13 dence where the number is located is inac14 cessible or uninhabitable— 

15 ‘‘(I) the provider may not charge 

16 the subscriber an early termination or 

17 other fee in connection with the can18 cellation of such service, if cancelled 

19 during the covered period or the ex20 tension of the period described in sub21 paragraph (B); and 

22 ‘‘(II) if the subscriber cancels the 

23 service during the covered period or 

24 the extension of the period described 

25 in subparagraph (B), the provider (or 


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1 any other provider of fixed wireline 

2 voice service that serves the local 

3 area)— 

4 ‘‘(aa) shall permit the sub5 scriber to subscribe or resub6 scribe, as the case may be, to 

7 fixed wireline voice service with 

8 the number at the residence or at 

9 a different residence (if such 

10 number is available in the loca11 tion of such different residence); 

12 and 

13 ‘‘(bb) may not charge the 

14 subscriber a connection fee or 

15 any other fee relating to the initi16 ation of fixed wireline voice serv17 ice. 

18 ‘‘(ii) CANCELLATION WITHOUT DEM19 ONSTRATION OF INACCESSIBILITY OR

20 UNINHABITABILITY.—If a subscriber can21 cels the provision of service assigned to a 

22 number described in subparagraph (A) or 

23 (B) and does not demonstrate to the pro24 vider of such service that the residence 

25 where the number is located is inaccessible 


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1 or uninhabitable as described under clause 

2 (i), the number is no longer subject to the 

3 prohibition under subparagraph (A) or 

4 (B). 

5 ‘‘(D) IDENTIFICATION ON COMMISSION

6 WEBSITE.—The Commission shall publicly iden7 tify on the website of the Commission each des8 ignated area that is in a covered period, not 

9 later than 15 days after the submission of a 

10 public designation by a State under subpara11 graph (E)(iii) with respect to such area. In 

12 identifying a designated area under subpara13 graph (E)(iii), a State shall consult with pro14 viders of fixed wireline voice service that serve 

15 such area and coordinate with the Federal 

16 Emergency Management Agency to reasonably 

17 limit the designated area to areas that have 

18 sustained covered damage. 

19 ‘‘(E) DEFINITIONS.—In this paragraph: 

20 ‘‘(i) COVERED DAMAGE.—The term 

21 ‘covered damage’ means, with respect to an 

22 area— 

23 ‘‘(I) damage that renders resi24 dences in such area inaccessible or un25 inhabitable; or 


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1 ‘‘(II) damage that otherwise re2 sults in the displacement of sub3 scribers from or within such area. 

4 ‘‘(ii) COVERED PERIOD.—The term 

5 ‘covered period’ means a period that— 

6 ‘‘(I) begins on the date of a dec7 laration by the President of a major 

8 disaster under section 401 of the Rob9 ert T. Stafford Disaster Relief and 

10 Emergency Assistance Act (42 U.S.C. 

11 5170) with respect to a designated 

12 area; and 

13 ‘‘(II) ends on the date that is 1 

14 year after such date. 

15 ‘‘(iii) DESIGNATED AREA.—The term 

16 ‘designated area’ means a geographic area 

17 for which a State has submitted a public 

18 designation to the Commission, within 15 

19 days after a declaration by the President 

20 of a major disaster under section 401 of 

21 the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act (42 U.S.C. 

23 5170) with respect to such area, stipu24 lating that the State has determined 

25 that— 


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1 ‘‘(I) covered damage was sus2 tained in such area; and 

3 ‘‘(II) the prohibitions described 

4 in this paragraph are necessary and 

5 in the public interest. 

6 ‘‘(iv) VOICE SERVICE.—The term 

7 ‘voice service’ has the meaning given the 

8 term ‘voice service’ in section 227(e)(8).’’. 

9 (b) AMENDMENT OF FCC RULES REQUIRED.—Not 

10 later than 180 days after the date of the enactment of 

11 this Act, the Federal Communications Commission shall 

12 amend its rules to reflect the requirements of paragraph 

13 (4) of section 251(e) of the Communications Act of 1934 

14 (47 U.S.C. 251(e)), as added by subsection (a). 

15 (c) APPLICABILITY.—Paragraph (4) of section 251(e) 

16 of the Communications Act of 1934 (47 U.S.C. 251(e)), 

17 as added by subsection (a), shall apply with respect to a 

18 major disaster declared by the President under section 

19 401 of the Robert T. Stafford Disaster Relief and Emer20 gency Assistance Act (42 U.S.C. 5170) after the date that 

21 is 180 days after the date on which the Commission an22 nounces that the Commission is capable of publicly identiVerDate Sep 11 2014 22:12 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1289.RFS H1289

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1 fying a designated area on the website of the Commission 

2 under subparagraph (D) of such paragraph (4). 

Passed the House of Representatives September 29, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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