[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 564 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 564

To facilitate the deployment of wireless telecommunications networks in 
 order to further the availability of the Emergency Alert System, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2003

Ms. Landrieu (for herself, Mr. Sununu, Mr. Burns, Mr. Dodd, Mr. Gregg, 
Mrs. Hutchison, Mr. Inouye, Mr. Jeffords, Mr. Leahy, Mr. Lieberman, Mr. 
Lott, Ms. Mikulski, Mr. Kennedy, Mr. Miller, Mr. Dorgan, and Mr. Kerry) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Tranportation

_______________________________________________________________________

                                 A BILL


 
To facilitate the deployment of wireless telecommunications networks in 
 order to further the availability of the Emergency Alert System, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Communications and 
Competition Act of 2003''.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To facilitate the deployment of new wireless 
        telecommunications networks in order to extend the reach of the 
        Emergency Alert System (EAS) to viewers of multichannel video 
        programming who may not receive Emergency Alert System warnings 
        from other communications technologies.
            (2) To ensure that emergency personnel have priority access 
        to communications facilities in times of emergency.
            (3) To promote the rapid deployment of low cost multi-
        channel video programming and broadband Internet services to 
        the public, without causing harmful interference to existing 
        telecommunications services.
            (4) To ensure the universal carriage of local television 
        stations, including any Emergency Alert System warnings, by 
        multichannel video programming distributors in all markets, 
        regardless of population.
            (5) To advance the public interest by making available new 
        high speed data and video services to unserved and underserved 
        populations, including schools, libraries, tribal lands, 
        community centers, senior centers, and low-income housing.
            (6) To ensure that new technologies capable of fulfilling 
        the purposes set forth in paragraphs (1) through (5) are 
        licensed and deployed promptly after such technologies have 
        been determined to be technologically feasible.

 SEC. 3. LICENSING.

    (a) Grant of Certain Licenses.--
            (1) In general.--The Federal Communications Commission 
        shall assign licenses in the 12.2-12.7 GHz band for the 
        provision of fixed terrestrial services using the rules, 
        policies, and procedures used by the Commission to assign 
        licenses in the 12.2-12.7 GHz band for the provision of 
        international or global satellite communications services in 
        accordance with section 647 of the Open-market Reorganization 
        for the Betterment of International Telecommunications Act (47 
        U.S.C. 765f).
            (2) Deadline.--The Commission shall accept for filing and 
        grant licenses under paragraph (1) to any applicant that is 
        qualified pursuant to subsection (b) not later than six months 
        after the date of the enactment of this Act. The preceding 
        sentence shall not be construed to preclude the Commission from 
        granting licenses under paragraph (1) after the deadline 
        specified in that sentence to applicants that qualify after 
        that deadline.
    (b) Qualifications.--
            (1) Non-interference with direct broadcast satellite 
        service.--A license may be granted under this section only if 
        operations under the license will not cause harmful 
        interference to direct broadcast satellite service.
            (2) Acceptance of applications.--The Commission shall 
        accept an application for a license to operate a fixed 
        terrestrial service in the 12.2-12.7 GHz band if the 
        applicant--
                    (A) successfully demonstrates the terrestrial 
                technology it will employ under the license with 
                operational equipment that it furnishes, or has 
                furnished, for independent testing pursuant to section 
                1012 of the Launching Our Communities' Access to Local 
                Television Act of 2000 (47 U.S.C. 1110); and
                    (B) certifies in its application that it has 
                authority to use such terrestrial service technology 
                under the license.
            (3) Clarification.--Section 1012(a) of the Launching Our 
        Communities' Access to Local Television Act of 2000 (47 U.S.C. 
        1110(a); 114 Stat. 2762A-141) is amended by inserting ``, or 
        files,'' after ``has filed''.
            (4) PCS or cellular services.--A license granted under this 
        section may not be used for the provision of Personal 
        Communications Service or terrestrial cellular telephony 
        service.
    (c) Prompt Commencement of Service.--In order to facilitate and 
ensure the prompt deployment of service to unserved and underserved 
areas and to prevent stockpiling or warehousing of spectrum by 
licensees, the Commission shall require that any licensee under this 
section commence service to consumers within five years of the grant of 
the license under this section.
    (d) Expansion of Emergency Alert System.--Each licensee under this 
section shall disseminate Federal, State, and local Emergency Alert 
System warnings to all subscribers of the licensee under the license 
under this section.
    (e) Access for Emergency Personnel.--
            (1) Requirement.--Each licensee under this section shall 
        provide immediate access for national security and emergency 
        preparedness personnel to the terrestrial services covered by 
        the license under this section as follows:
                    (A) Whenever the Emergency Alert System is 
                activated.
                    (B) Otherwise at the request of the Secretary of 
                Homeland Security.
            (2) Nature of access.--Access under paragraph (1) shall 
        ensure that emergency data is transmitted to the public, or 
        between emergency personnel, at a higher priority than any 
        other data transmitted by the service concerned.
    (f) Additional Public Interest Obligations.--
            (1) Additional obligations.--Each licensee under this 
        section shall--
                    (A) adhere to rules governing carriage of local 
                television station signals and rules concerning 
                obscenity and indecency consistent with sections 614, 
                615, 616, 624(d)(2), 639, 640, and 641 of the 
                Communications Act of 1934 (47 U.S.C. 534, 535, 536, 
                544(d)(2), 559, 560, and 561);
                    (B) make its facilities available for candidates 
                for public office consistent with sections 312(a)(7) 
                and 315 of the Communications Act of 1934 (47 U.S.C. 
                312(a)(7) and 315); and
                    (C) allocate 4 percent of its capacity for services 
                that promote the public interest, in addition to the 
                capacity utilized to fulfill the obligations required 
                of subparagraphs (A) and (B), such as--
                            (i) telemedicine;
                            (ii) educational programming, including 
                        distance learning;
                            (iii) high speed Internet access to 
                        unserved and underserved populations; and
                            (iv) specialized local data and video 
                        services intended to facilitate public 
                        participation in local government and community 
                        life.
            (2) License boundaries.--In order to ensure compliance with 
        paragraph (1), the Commission shall establish boundaries for 
        licenses under this section that conform to existing television 
        markets, as determined by the Commission for purposes of 
        section 652(h)(1)(C)(i) of the Communications Act of 1934 (47 
        U.S.C. 534(h)(1)(C)(i)).
    (g) Redesignation of Multichannel Video Distribution and Data 
Service.--The Commission shall redesignate the Multichannel Video 
Distribution and Data Service (MVDDS) as the Terrestrial Direct 
Broadcast Service (TDBS).
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