I 
109TH CONGRESS 
1ST SESSION 
H. R. 733 
To require providers of wireless telephone services to provide access to the 
universal emergency telephone number in subterranean subway stations 
located within their area of coverage. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2005 
Mr. WEINER introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To require providers of wireless telephone services to provide 
access to the universal emergency telephone number in 
subterranean subway stations located within their area 
of coverage. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Subway Cell Access 
Act’’.
SEC. 2. REQUIREMENT TO PROVIDE ACCESS TO THE UNI-
VERSAL EMERGENCY TELEPHONE NUMBER 
IN SUBWAY STATIONS. 
(a) IN GENERAL.—Section 332(c) of the Communica-
tions Act of 1934 (47 U.S.C. 332(c)) is amended by add-
ing at the end the following new paragraph: 
‘‘(9) ACCESS TO 911 SERVICE IN SUBWAY STA-
TIONS.— 
‘‘(A) 
IN
GENERAL.—The 
Commission 
shall, by regulation, require that each commer-
cial mobile service provide service for the uni-
versal emergency telephone number designated 
under section 251(e)(3) within each subterra-
nean boarding station that is located within any 
geographic area in which such commercial mo-
bile service provides service at ground level. 
‘‘(B) INFRASTRUCTURE
SHARING.—Such 
regulations shall require commercial mobile 
services providing service described in subpara-
graph (A) within subterranean boarding sta-
tions— 
‘‘(i) to make available to other com-
mercial mobile services such infrastructure, 
technology, information, facilities, and 
functions as may be requested by such 
other service for the purpose of enabling
such other service to provide such service; 
and 
‘‘(ii) to use such infrastructure, tech-
nology, and facilities in providing such ac-
cess that will facilitate sharing of such in-
frastructure, 
technology, 
and 
facilities 
under clause (i). 
‘‘(C) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) COVERED SUBWAY SYSTEM.—The 
term ‘covered subway system’ means a 
fixed guideway mass transportation facility 
that— 
‘‘(I) 
is 
described 
in 
section 
5302(a)(4)(A) of title 49, United 
States Code; and 
‘‘(II) operates as a common car-
rier. 
‘‘(ii) SUBTERRANEAN BOARDING STA-
TION.—The term ‘subterranean boarding 
station’ means a location or station that— 
‘‘(I) is located below ground level; 
‘‘(II) is part of any covered sub-
way system; and
‘‘(III) provides public access or 
boarding to the vehicles used in such 
covered subway system.’’ 
(b) LIMITATION ON STATE REGULATION OF PLACE-
MENT OF FACILITIES.—Section 332(c)(7)(B)(i)(II) of the 
Communications 
Act 
of 
1934 
(47 
U.S.C. 
332(c)(7)(B)(i)(II) is amended by inserting before the pe-
riod at the end the following: ‘‘, including the provision 
of commercial mobile service in subterranean boarding 
stations to the extent necessary to provide service required 
under paragraph (9)’’. 
(c) RULEMAKING AND APPLICABILITY.— 
(1) RULEMAKING PROCEEDING.—The Commis-
sion shall, within 60 days after the date of the en-
actment of this Act, initiate a rulemaking proceeding 
to prescribe regulations necessary to carry out the 
amendments under this Act. 
(2) APPLICABILITY.—This amendments made 
by this Act are made on the date of the enactment 
of this Act, but shall apply upon the expiration of 
the 2-year period beginning upon the issuance of 
final regulations to carry out the amendments made 
by this Act, except that the Federal Communications 
Commission may, by regulation, provide for earlier 
applicability of regulations issued pursuant to sec-
tion 332(c)(9)(B) of the Communications Act of 
1934 (47 U.S.C. 332(c)(9)(B)), as added by sub-
section (a) of this section, to facilitate compliance 
with the requirement of section 332(c)(9)(A) of such 
Act. 
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