[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 733 Introduced in House (IH)]






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 Representatives 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 UNIVERSAL EMERGENCY 
              TELEPHONE NUMBER IN SUBWAY STATIONS.

    (a) In General.--Section 332(c) of the Communications Act of 1934 
(47 U.S.C. 332(c)) is amended by adding at the end the following new 
paragraph:
            ``(9) Access to 911 service in subway stations.--
                    ``(A) In general.--The Commission shall, by 
                regulation, require that each commercial mobile service 
                provide service for the universal emergency telephone 
                number designated under section 251(e)(3) within each 
                subterranean boarding station that is located within 
                any geographic area in which such commercial mobile 
                service provides service at ground level.
                    ``(B) Infrastructure sharing.--Such regulations 
                shall require commercial mobile services providing 
                service described in subparagraph (A) within 
                subterranean boarding stations--
                            ``(i) to make available to other commercial 
                        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, 
                        technology, and facilities in providing such 
                        access that will facilitate sharing of such 
                        infrastructure, 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 
                                carrier.
                            ``(ii) Subterranean boarding station.--The 
                        term `subterranean boarding station' means a 
                        location or station that--
                                    ``(I) is located below ground 
                                level;
                                    ``(II) is part of any covered 
                                subway system; and
                                    ``(III) provides public access or 
                                boarding to the vehicles used in such 
                                covered subway system.''
    (b) Limitation on State Regulation of Placement 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 period 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 Commission shall, within 60 
        days after the date of the enactment 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 section 332(c)(9)(B) of the 
        Communications Act of 1934 (47 U.S.C. 332(c)(9)(B)), as added 
        by subsection (a) of this section, to facilitate compliance 
        with the requirement of section 332(c)(9)(A) of such Act.
                                 <all>