I 
109TH CONGRESS 
2D SESSION 
H. R. 6351 
To establish a voluntary framework through which commercial mobile service 
providers can elect to transmit emergency alerts to subscribers. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2006 
Mr. BARTON of Texas introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Science and Homeland Security, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a voluntary framework through which commer-
cial mobile service providers can elect to transmit emer-
gency alerts to subscribers. 
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 ‘‘Warning, Alert, and 
Response Network Act’’. 
SEC. 2. FEDERAL COMMUNICATIONS COMMISSION DUTIES. 
(a) COMMERCIAL MOBILE SERVICE ALERT REGULA-
TIONS.—Within 180 days after the date on which the 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
Commercial Mobile Service Alert Advisory Committee, es-
tablished pursuant to section 3(a), transmits recommenda-
tions to the Federal Communications Commission, the 
Commission shall complete a proceeding to adopt relevant 
technical standards, protocols, procedures, and other tech-
nical requirements based on the recommendations of such 
Advisory Committee necessary to enable commercial mo-
bile service alerting capability for commercial mobile serv-
ice providers that voluntarily elect to transmit emergency 
alerts. The Commission shall consult with the National In-
stitute of Standards and Technology regarding the adop-
tion of technical standards under this subsection. 
(b) COMMERCIAL MOBILE SERVICE ELECTION.— 
(1) AMENDMENT
OF
COMMERCIAL
MOBILE 
SERVICE LICENSE.—Within 120 days after the date 
on which the Federal Communications Commission 
adopts relevant technical standards and other tech-
nical requirements pursuant to subsection (a), the 
Commission shall complete a proceeding— 
(A) to allow any licensee providing com-
mercial mobile service (as defined in section 
332(d)(1) of the Communications Act of 1934 
(47 U.S.C. 332(d)(1))) to transmit emergency 
alerts to subscribers to, or users of, the com-
mercial mobile service provided by such licensee; 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
(B) to require any licensee providing com-
mercial mobile service that elects, in whole or in 
part, under paragraph (2) not to transmit 
emergency alerts to provide clear and con-
spicuous notice at the point of sale of any de-
vices with which its commercial mobile service 
is included, that it will not transmit such alerts 
via the service it provides for the device; and 
(C) to require any licensee providing com-
mercial mobile service that elects under para-
graph (2) not to transmit emergency alerts to 
notify its existing subscribers of its election. 
(2) ELECTION.— 
(A) IN GENERAL.—Within 30 days after 
the Commission issues its order under para-
graph (1), each licensee providing commercial 
mobile service shall file an election with the 
Commission with respect to whether or not it 
intends to transmit emergency alerts. 
(B) TRANSMISSION STANDARDS; NOTIFICA-
TION.—If a licensee providing commercial mo-
bile service elects to transmit emergency alerts 
via its commercial mobile service, the licensee 
shall— 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
(i) notify the Commission of its elec-
tion; and 
(ii) agree to transmit such alerts in a 
manner consistent with the technical 
standards, protocols, procedures and other 
technical requirements implemented by the 
Commission. 
(C) NO FEE FOR SERVICE.—A commercial 
mobile service licensee that elects to transmit 
emergency alerts may not impose a separate or 
additional charge for such transmission or ca-
pability. 
(D) WITHDRAWAL; LATE ELECTION.—The 
Commission shall establish a procedure— 
(i) for a commercial mobile service li-
censee that has elected to transmit emer-
gency alerts to withdraw its election with-
out regulatory penalty or forfeiture upon 
advance written notification of the with-
drawal to its affected subscribers; 
(ii) for a commercial mobile service li-
censee to elect to transmit emergency 
alerts at a date later than provided in sub-
paragraph (A); and 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
(iii) under which a subscriber may 
terminate a subscription to service pro-
vided by a commercial mobile service li-
censee that withdraws its election without 
penalty or early termination fee. 
(E) CONSUMER
CHOICE
TECHNOLOGY.— 
Any commercial mobile service licensee electing 
to transmit emergency alerts may offer sub-
scribers the capability of preventing the sub-
scriber’s device from receiving such alerts, or 
classes of such alerts, other than an alert issued 
by the President. Within 2 years after the Com-
mission completes the proceeding under para-
graph (1), the Commission shall examine the 
issue of whether a commercial mobile service 
provider should continue to be permitted to 
offer its subscribers such capability. The Com-
mission shall submit a report with its rec-
ommendations to the Committee on Commerce, 
Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the 
House of Representatives. 
(c) DIGITAL TELEVISION TRANSMISSION TOWERS 
RETRANSMISSION CAPABILITY.—Within 90 days after the 
date on which the Commission adopts relevant technical 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
standards based on recommendations of the Commercial 
Mobile Service Alert Advisory Committee, established pur-
suant to section 3(a), the Commission shall complete a 
proceeding to require licensees and permittees of non-
commercial educational broadcast stations or public 
broadcast stations (as those terms are defined in section 
397(6) of the Communications Act of 1934 (47 U.S.C. 
397(6))) to install necessary equipment and technologies 
on, or as part of, any broadcast television digital signal 
transmitter to enable the distribution of geographically 
targeted alerts by commercial mobile service providers 
that have elected to transmit emergency alerts under this 
section. 
(d) FCC REGULATION OF COMPLIANCE.—The Fed-
eral Communications Commission may enforce compliance 
with this Act but shall have no rulemaking authority 
under this Act, except as provided in subsections (a), (b), 
(c), and (f). 
(e) LIMITATION OF LIABILITY.— 
(1) IN GENERAL.—Any commercial mobile serv-
ice provider (including its officers, directors, employ-
ees, vendors, and agents) that transmits emergency 
alerts and meets its obligations under this Act shall 
not be liable to any subscriber to, or user of, such 
person’s service or equipment for— 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
(A) any act or omission related to or any 
harm resulting from the transmission of, or 
failure to transmit, an emergency alert; or 
(B) the release to a government agency or 
entity, public safety, fire service, law enforce-
ment official, emergency medical service, or 
emergency facility of subscriber information 
used in connection with delivering such an alert. 
(2) ELECTION
NOT
TO
TRANSMIT
ALERTS.— 
The election by a commercial mobile service provider 
under subsection (b)(2)(A) not to transmit emer-
gency alerts, or to withdraw its election to transmit 
such alerts under subsection (b)(2)(D) shall not, by 
itself, provide a basis for liability against the pro-
vider (including its officers, directors, employees, 
vendors, and agents). 
(f) TESTING.—The Commission shall require by reg-
ulation technical testing for commercial mobile service 
providers that elect to transmit emergency alerts and for 
the devices and equipment used by such providers for 
transmitting such alerts. 
SEC. 3. COMMERCIAL MOBILE SERVICE ALERT ADVISORY 
COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this Act, the chairman of the 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
Federal Communications Commission shall establish an 
advisory committee, to be known as the Commercial Mo-
bile Service Alert Advisory Committee (referred to in this 
section as the ‘‘Advisory Committee’’). 
(b) MEMBERSHIP.—The chairman of the Federal 
Communications Commission shall appoint the members 
of the Advisory Committee, as soon as practicable after 
the date of enactment of this Act, from the following 
groups: 
(1) STATE
AND
LOCAL
GOVERNMENT
REP-
RESENTATIVES.—Representatives of State and local 
governments and representatives of emergency re-
sponse providers, selected from among individuals 
nominated by national organizations representing 
such governments and personnel. 
(2) TRIBAL
GOVERNMENTS.—Representatives 
from Federally recognized Indian tribes and Na-
tional Indian organizations. 
(3) SUBJECT
MATTER
EXPERTS.—Individuals 
who have the requisite technical knowledge and ex-
pertise to serve on the Advisory Committee in the 
fulfillment of its duties, including representatives 
of— 
(A) communications service providers; 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
(B) vendors, developers, and manufactur-
ers of systems, facilities, equipment, and capa-
bilities for the provision of communications 
services; 
(C) third-party service bureaus; 
(D) technical experts from the broad-
casting industry; 
(E) the national organization representing 
the licensees and permittees of noncommercial 
broadcast television stations; 
(F) national organizations representing in-
dividuals with special needs, including individ-
uals with disabilities and the elderly; and 
(G) other individuals with relevant tech-
nical expertise. 
(4) QUALIFIED REPRESENTATIVES OF OTHER 
STAKEHOLDERS AND INTERESTED PARTIES.—Quali-
fied representatives of such other stakeholders and 
interested and affected parties as the chairman 
deems appropriate. 
(c) DEVELOPMENT
OF
SYSTEM-CRITICAL
REC-
OMMENDATIONS.—Within 1 year after the date of enact-
ment of this Act, the Advisory Committee shall develop 
and submit to the Federal Communications Commission 
recommendations— 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
(1) for protocols, technical capabilities, and 
technical procedures through which electing commer-
cial mobile service providers receive, verify, and 
transmit alerts to subscribers; 
(2) for the establishment of technical standards 
for priority transmission of alerts by electing com-
mercial mobile service providers to subscribers; 
(3) for relevant technical standards for devices 
and equipment and technologies used by electing 
commercial mobile service providers to transmit 
emergency alerts to subscribers; 
(4) for the technical capability to transmit 
emergency alerts by electing commercial mobile pro-
viders to subscribers in languages in addition to 
English, to the extent practicable and feasible; 
(5) under which electing commercial mobile 
service providers may offer subscribers the capability 
of preventing the subscriber’s device from receiving 
emergency alerts, or classes of such alerts, (other 
than an alert issued by the President), consistent 
with section 2(b)(2)(E); 
(6) for a process under which commercial mo-
bile service providers can elect to transmit emer-
gency alerts if— 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
(A) not all of the devices or equipment 
used by such provider are capable of receiving 
such alerts; or 
(B) the provider cannot offer such alerts 
throughout the entirety of its service area; and 
(7) as otherwise necessary to enable electing 
commercial mobile service providers to transmit 
emergency alerts to subscribers. 
(d) MEETINGS.— 
(1) INITIAL MEETING.—The initial meeting of 
the Advisory Committee shall take place not later 
than 60 days after the date of the enactment of this 
Act. 
(2) OTHER MEETINGS.—After the initial meet-
ing, the Advisory Committee shall meet at the call 
of the chair. 
(3) NOTICE; OPEN MEETINGS.—Any meetings 
held by the Advisory Committee shall be duly no-
ticed at least 14 days in advance and shall be open 
to the public. 
(e) RULES.— 
(1) QUORUM.—One-third of the members of the 
Advisory Committee shall constitute a quorum for 
conducting business of the Advisory Committee. 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
(2) SUBCOMMITTEES.—To assist the Advisory 
Committee in carrying out its functions, the chair 
may establish appropriate subcommittees composed 
of members of the Advisory Committee and other 
subject matter experts as deemed necessary. 
(3) ADDITIONAL RULES.—The Advisory Com-
mittee may adopt other rules as needed. 
(f) FEDERAL ADVISORY COMMITTEE ACT.—Neither 
the Federal Advisory Committee Act (5 U.S.C. App.) nor 
any rule, order, or regulation promulgated under that Act 
shall apply to the Commercial Mobile Service Alert Advi-
sory Committee. 
(g) CONSULTATION
WITH
NIST.—The Advisory 
Committee shall consult with the National Institute of 
Standards and Technology in its work on developing rec-
ommendations under subsections (c)(2) and (c)(3). 
SEC. 4. RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Undersecretary of Homeland 
Security for Science and Technology, in consultation with 
the director of the National Institute of Standards and 
Technology and the chairman of the Federal Communica-
tions Commission, shall establish a research, development, 
testing, and evaluation program based on the rec-
ommendations of the Commercial Mobile Service Alert Ad-
visory Committee, established pursuant to section 3(a), to 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
support the development of technologies to increase the 
number of commercial mobile service devices that can re-
ceive emergency alerts. 
(b) FUNCTIONS.—The program established under 
subsection (a) shall— 
(1) fund research, development, testing, and 
evaluation at academic institutions, private sector 
entities, government laboratories, and other appro-
priate entities; and 
(2) ensure that the program addresses, at a 
minimum— 
(A) developing innovative technologies that 
will transmit geographically targeted emergency 
alerts to the public; and 
(B) research on understanding and im-
proving public response to warnings. 
SEC. 5. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT 
SYSTEMS. 
(a) GRANT PROGRAM.—The Undersecretary of Com-
merce for Oceans and Atmosphere, in consultation with 
the Secretary of Homeland Security, shall establish a pro-
gram under which grants may be made to provide for out-
door alerting technologies in remote communities effec-
tively unserved by commercial mobile service (as deter-
mined by the Federal Communications Commission within 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
180 days after the date of enactment of this Act) for the 
purpose of enabling residents of those communities to re-
ceive emergency alerts. 
(b) APPLICATIONS AND CONDITIONS.—In conducting 
the program, the Undersecretary— 
(1) shall establish a notification and application 
procedure; and 
(2) may establish such conditions, and require 
such assurances, as may be appropriate to ensure 
the efficiency and integrity of the grant program. 
(c) SUNSET.—The Undersecretary may not make 
grants under subsection (a) more than 5 years after the 
date of enactment of this Act. 
(d) LIMITATION.—The sum of the amounts awarded 
for all fiscal years as grants under this section may not 
exceed $10,000,000. 
SEC. 6. FUNDING. 
(a) IN GENERAL.—In addition to any amounts pro-
vided by appropriation Acts, funding for this Act shall be 
provided from the Digital Transition and Public Safety 
Fund in accordance with section 3010 of the Digital Tele-
vision Transition and Public Safety Act of 2005 (47 
U.S.C. 309 note). 
(b) COMPENSATION.—The Assistant Secretary of 
Commerce for Communications and Information shall 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS
compensate any such broadcast station licensee or per-
mittee for reasonable costs incurred in complying with the 
requirements imposed pursuant to section 2(c) from funds 
made available under this section. The Assistant Secretary 
shall ensure that sufficient funds are made available to 
effectuate geographically targeted alerts. 
(c) CREDIT.—The Assistant Secretary of Commerce 
for Communications and Information, in consultation with 
the Undersecretary of Homeland Security for Science and 
Technology and the Undersecretary of Commerce for 
Oceans and Atmosphere, may borrow from the Treasury 
beginning on October 1, 2006, such sums as may be nec-
essary, but not to exceed $106,000,000, to implement this 
Act. The Assistant Secretary of Commerce for Commu-
nications and Information shall ensure that the Under 
Secretary of Homeland Security for Science and Tech-
nology and the Undersecretary of Commerce for Oceans 
and Atmosphere are provided adequate funds to carry out 
their responsibilities under sections 4 and 5 of this Act. 
The Treasury shall be reimbursed, without interest, from 
amounts in the Digital Television Transition and Public 
Safety Fund as funds are deposited into the Fund. 
Æ 
VerDate Aug 31 2005 
20:34 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H6351.IH
H6351
jlentini on PROD1PC65 with BILLS