IB 
Union Calendar No. 25 
118TH CONGRESS 
1ST SESSION H. R. 1353 
[Report No. 118–39] 
To direct the Federal Communications Commission to issue rules for the 
provision of emergency connectivity service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2023 
Mr. JOHNSON of Ohio (for himself and Ms. SCHRIER) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
APRIL 24, 2023 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 3, 2023] 
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A BILL 
To direct the Federal Communications Commission to issue 
rules for the provision of emergency connectivity service, 
and for other purposes. 
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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 ‘‘Advanced, Local Emer-
gency Response Telecommunications Parity Act’’ or the 
‘‘ALERT Parity Act’’. 
SEC. 2. EMERGENCY CONNECTIVITY SERVICE. 
(a) RULEMAKING REQUIRED.— 
(1) IN
GENERAL.—Not later than 18 months 
after the date of the enactment of this Act, the Com-
mission shall issue rules for the provision of emer-
gency connectivity service under which— 
(A) a person may submit to the Commis-
sion an application for approval to provide such 
service to an area— 
(i) that is an unserved area with re-
spect to either or both services described in 
subsection (i)(5)(B); or 
(ii) in the event that such area becomes 
an unserved area with respect to either or 
both such services due to destruction of in-
frastructure, a power outage, or any other 
reason; and 
(B) for any period during which such ap-
proval is in effect and such area is an unserved 
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area, such person will receive access to electro-
magnetic spectrum in accordance with subsection 
(d) to provide emergency connectivity service to 
such area. 
(2) PROVIDER NOT LICENSEE.—The Commission 
shall include in the rules issued under paragraph (1) 
language to ensure that approval of an application to 
provide emergency connectivity service under such 
rules does not render the provider of such service a li-
censee (as such term is defined in section 3 of the 
Communications Act of 1934 (47 U.S.C. 153)). 
(3) DEADLINE TO INITIATE RULEMAKING.—The 
Commission shall initiate a rulemaking to issue the 
rules required by paragraph (1) not later than 180 
days after the date of the enactment of this Act. 
(b) DEMONSTRATIONS.—In the rules issued under sub-
section (a), the Commission shall require a person who sub-
mits an application to provide emergency connectivity serv-
ice under such rules, in order for such application to be 
approved, to demonstrate to the Commission the following: 
(1) Such person has a technical proposal describ-
ing how such person plans to provide such service and 
how the proposal complies with technical require-
ments included in such rules under subsection (d)(2). 
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(2) Such person will not use any electromagnetic 
spectrum to which access is made available under 
such rules to provide any service other than emer-
gency connectivity service, unless the other service is 
provided under a separate authorization to use such 
spectrum held by such person. 
(3) Such service proposed can withstand the im-
pact of major natural disasters, such as earthquakes, 
hurricanes, wildfires, floods, blizzards, and tornados. 
(4) Such person has the capability to begin pro-
viding such service in a rapid manner— 
(A) in the case of an application to provide 
such service to an area that is an unserved area 
at the time at which the application is sub-
mitted, after the approval of the application; or 
(B) in the case of an application to provide 
such service to an area in the event that such 
area becomes an unserved area due to destruc-
tion of infrastructure, a power outage, or any 
other reason, after such area becomes an 
unserved area. 
(c) PUBLICATION OF LIST OF PROVIDERS.—The Com-
mission shall publish on the internet website of the Commis-
sion a list of all providers of emergency connectivity service 
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for which an approval is in effect to provide such service 
under the rules issued under subsection (a). 
(d) ACCESS TO ELECTROMAGNETIC SPECTRUM.—The 
Commission shall include in the rules issued under sub-
section (a) the following: 
(1) In the case of a provider of emergency 
connectivity service that is approved to provide such 
service to an area under such rules and that seeks ac-
cess to spectrum that another entity is authorized to 
use, access to such spectrum shall be made available 
to such provider only if such provider receives vol-
untary express written consent for such access from 
such entity. An entity that receives a request for con-
sent under this paragraph shall reasonably engage 
with the provider submitting the request and make a 
determination with respect to such request in a timely 
manner. 
(2) With respect to providers of emergency 
connectivity service that are approved to provide such 
service to an area under such rules, technical require-
ments applicable to such providers that ensure that 
the use of electromagnetic spectrum under a relevant 
approval does not cause harmful interference to the 
use of spectrum by another entity authorized to pro-
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vide a service to such area or an adjacent geographic 
area. 
(e) AREAS UNSERVED WITH RESPECT TO BOTH SERV-
ICES.—In the case of an area that is an unserved area with 
respect to both services described in subsection (i)(5)(B), the 
rules issued under subsection (a) shall require that, if a pro-
vider approved to provide emergency connectivity service 
to such area under such rules chooses to provide emergency 
connectivity service to such area, such provider shall pro-
vide both services described in subsection (i)(5)(B) to such 
area. 
(f) LIMITATION OF LIABILITY.— 
(1) TRANSMISSION OF ALERT MESSAGES.—Sec-
tion 602(e)(1) of the Warning, Alert, and Response 
Network Act (47 U.S.C. 1201(e)(1)) shall apply to a 
provider of emergency connectivity service (including 
its officers, directors, employees, vendors, and agents) 
with respect to the provision of such service (to the ex-
tent such service consists of the provision of the serv-
ice described in subsection (i)(5)(B)(i) of this section) 
in accordance with the rules issued under subsection 
(a) of this section, as if such provider were a provider 
of commercial mobile service that transmits emer-
gency alerts and meets its obligations under such Act. 
(2) PROVISION OF 9–1–1 SERVICE.— 
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(A) IN GENERAL.—Section 4 of the Wireless 
Communications and Public Safety Act of 1999 
(47 U.S.C. 615a) is amended— 
(i) in subsection (a)— 
(I) 
by 
inserting 
‘‘emergency 
connectivity service provider,’’ after 
‘‘IP-enabled voice service provider,’’; 
and 
(II) 
by 
inserting 
‘‘emergency 
connectivity service,’’ after ‘‘emergency 
services,’’; 
(ii) in subsection (b)— 
(I) by striking ‘‘IP-enabled voice 
service or’’ and inserting ‘‘IP-enabled 
voice service, emergency connectivity 
service, or’’; and 
(II) 
by 
inserting 
‘‘emergency 
connectivity service,’’ after ‘‘IP-enabled 
voice service,’’; and 
(iii) in subsection (c), by inserting 
‘‘emergency connectivity service,’’ after ‘‘IP- 
enabled voice service,’’ each place it ap-
pears. 
(B) DEFINITIONS.—Section 7 of the Wire-
less Communications and Public Safety Act of 
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1999 (47 U.S.C. 615b) is amended by adding at 
the end the following: 
‘‘(11) EMERGENCY CONNECTIVITY SERVICE.—The 
term ‘emergency connectivity service’ has the meaning 
given such term in paragraph (5) of section 2(i) of 
the Advanced, Local Emergency Response Tele-
communications Parity Act, to the extent such service 
consists of the provision of the service described in 
subparagraph (B)(ii) of such paragraph. 
‘‘(12) EMERGENCY CONNECTIVITY SERVICE PRO-
VIDER.—The term ‘emergency connectivity service 
provider’ means a person who provides emergency 
connectivity service in accordance with the rules 
issued under section 2(a) of the Advanced, Local 
Emergency Response Telecommunications Parity 
Act.’’. 
(g) REPORT TO CONGRESS.—Not later than 1 year 
after the date on which the Commission issues rules under 
subsection (a), and annually thereafter, the Commission 
shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
regarding the provision of emergency connectivity service 
under such rules, which shall include a description of— 
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(1) each instance during the preceding year that 
emergency connectivity service was provided under 
such rules; and 
(2) each instance during the preceding year that 
an entity authorized to use spectrum declined to pro-
vide, to a provider of emergency connectivity service, 
the consent described in subsection (d)(1). 
(h) RULES OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to— 
(1) provide the Commission with new authority 
to regulate the terms, conditions, or rates applicable 
to an agreement between 2 or more parties to facili-
tate the provision of emergency connectivity service; 
(2) preclude the Commission, before it issues 
rules under subsection (a), from permitting the use of 
electromagnetic spectrum by a person that otherwise 
meets the requirements of this section; or 
(3) preclude the Commission from approving an 
application to provide emergency connectivity service 
under the rules issued under subsection (a) that pro-
poses using spectrum in a manner that is inconsistent 
with the Table of Frequency Allocations. 
(i) DEFINITIONS.—In this section: 
(1) ALERT MESSAGE.—The term ‘‘alert message’’ 
has the meaning given such term in section 10.10 of 
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title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
(2) COMMERCIAL
MOBILE
SERVICE.—The term 
‘‘commercial mobile service’’ has the meaning given 
such term in section 332(d) of the Communications 
Act of 1934 (47 U.S.C. 332(d)). 
(3) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Communications Commission. 
(4) COVERED DEVICE.—The term ‘‘covered de-
vice’’ means— 
(A) a mobile device; or 
(B) any other device that is capable of— 
(i) receiving alert messages; and 
(ii) providing emergency information 
to a public safety answering point (which 
may include enhanced 9–1–1 service). 
(5) EMERGENCY CONNECTIVITY SERVICE.— 
(A) IN
GENERAL.—The term ‘‘emergency 
connectivity service’’ means a service— 
(i) to which covered devices are capable 
of connecting— 
(I) without any technical capa-
bility specific to such service; and 
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(II) regardless of whether commer-
cial mobile service or any other service 
is initialized on the device; and 
(ii) that consists only of the provision 
of a service described in subparagraph (B) 
to an area that is an unserved area with re-
spect to such service. 
(B) SERVICES
DESCRIBED.—The services 
described in this subparagraph are the following: 
(i) Transmitting alert messages to cov-
ered devices. 
(ii) Providing emergency information 
from a covered device to a public safety an-
swering point (which may include enhanced 
9–1–1 service). 
(6) ENHANCED 9–1–1 SERVICE.—The term ‘‘en-
hanced 9–1–1 service’’ has the meaning given such 
term in section 7 of the Wireless Communications and 
Public Safety Act of 1999 (47 U.S.C. 615b). 
(7) MOBILE DEVICE.—The term ‘‘mobile device’’ 
has the meaning given such term in section 10.10 of 
title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
(8) PUBLIC
SAFETY
ANSWERING
POINT.—The 
term ‘‘public safety answering point’’ has the mean-
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ing given such term in section 7 of the Wireless Com-
munications and Public Safety Act of 1999 (47 
U.S.C. 615b). 
(9) TABLE OF FREQUENCY ALLOCATIONS.—The 
term ‘‘table of frequency allocations’’ means the 
United States table of frequency allocations contained 
in section 2.106 of title 47, Code of Federal Regula-
tions (or any successor regulation). 
(10) UNSERVED
AREA.—The term ‘‘unserved 
area’’ means, with respect to a service described in 
paragraph (5)(B), an area that, due to lack of infra-
structure, destruction of infrastructure, a power out-
age, or any other reason, has no provider of commer-
cial mobile service that is capable of providing such 
service. 
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Union Calendar No. 25 
118TH CONGRESS 
1ST SESSION 
H. R. 1353 
[Report No. 118–39] 
A BILL 
To direct the Federal Communications Commission 
to issue rules for the provision of emergency 
connectivity service, and for other purposes. 
APRIL 24, 2023 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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