[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9569 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9569

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

                           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.

    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 ``Advanced, Local Emergency 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 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.
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