I 117th CONGRESS 2d Session H. R. 9569 IN THE HOUSE OF REPRESENTATIVES December 15, 2022 Mr. Johnson of Ohio (for himself and Ms. Schrier ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Communications Commission to issue rules for the provision of emergency connectivity service, and for other purposes.

1. Short title This Act may be cited as the Advanced, Local Emergency Response Telecommunications Parity Act or the ALERT Parity Act . 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 Commission shall issue rules for the provision of emergency connectivity service under which— (A) a person may submit to the Commission an application for approval to provide such service to an area— (i) that is an unserved area with respect to either or both services described in subsection (g)(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 infrastructure, a power outage, or any other reason; and (B) for any period during which such approval is in effect and such area is an unserved area, such person will receive access to electromagnetic spectrum under subsection (d) to provide emergency connectivity service to such area. (2) 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) Certifications In the rules issued under subsection (a), the Commission shall require a person who submits an application under such rules to provide emergency connectivity service, in order for such application to be approved, to certify to the Commission the following: (1) Such person has a technical proposal describing how such person plans to provide such service. (2) Such person will not use any electromagnetic spectrum to which access is made available under subsection (d) to provide any service other than emergency connectivity service, unless such other service is provided under a separate authorization to use such spectrum held by such person. (3) Such service can withstand the impact of major natural disasters, such as earthquakes, hurricanes, wildfires, floods, blizzards, and tornados. (4) Such person has the capability to begin providing such service in a rapid manner— (A) in the case of an application to provide emergency connectivity service to an area that is an unserved area at the time at which the application is submitted, after the approval of the application; or (B) in the case of an application to provide emergency connectivity service to an area in the event that such area becomes an unserved area due to destruction of infrastructure, a power outage, or any other reason, after such area becomes an unserved area. (c) Publication of list of providers The Commission shall publish on the internet website of the Commission a list of all providers of emergency connectivity service 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 subsection (a) service rules that make available, to a provider of emergency connectivity service for which an approval to provide such service to an unserved area is in effect under the rules issued under such subsection, access to electromagnetic spectrum to provide such service to such area, to the extent such provider needs such access to provide such service. Such service rules shall provide that use of electromagnetic spectrum under such service rules may not cause harmful interference to the use of such spectrum by a licensee who holds a license to use such spectrum. (e) Areas unserved with respect to both services In the case of an area that is an unserved area with respect to both services described in subsection (g)(5)(B), the rules issued under subsection (a) shall require that, if a provider for which an approval to provide emergency connectivity service to such area is in effect under such rules chooses to provide emergency connectivity service to such area, such provider shall provide both services described in subsection (g)(5)(B) to such area. (f) Limitation of liability (1) Transmission of alert messages Section 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 extent such service consists of the provision of the service described in subsection (g)(5)(B)(i)) in accordance with the rules issued under subsection (a), as if such provider were a provider of commercial mobile service that transmits alert messages and meets its obligations under such Act. (2) Provision of 9–1–1 service (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 appears. (B) Definitions Section 7 of the Wireless Communications and Public Safety Act of 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(g) of the Advanced, Local Emergency Response Telecommunications 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 provider 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) Definitions In this section: (1) Alert message The term alert message has the meaning given such term in section 10.10 of title 47, Code of Federal Regulations (or any successor 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 device 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 capability specific to such service; and (II) regardless of whether commercial 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 respect to such service, which shall include the provision of both such services if such area is an unserved area with respect to both such services. (B) Services described The services described in this subparagraph are the following: (i) Transmitting alert messages to covered devices. (ii) Providing emergency information from a covered device to a public safety answering point (which may include enhanced 9–1–1 service). (6) Enhanced 9–1–1 service The term enhanced 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 successor regulation). (8) Public safety answering point The term public safety answering point has the meaning given such term in section 7 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615b ). (9) Unserved area The term unserved area means, with respect to a service described in paragraph (5)(B), an area that, due to lack of infrastructure, destruction of infrastructure, a power outage, or any other reason, has no provider of commercial mobile service that is capable of providing such service.