[Congressional Record Volume 169, Number 69 (Tuesday, April 25, 2023)]
[House]
[Pages H1922-H1924]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





    ADVANCED, LOCAL EMERGENCY RESPONSE TELECOMMUNICATIONS PARITY ACT

  Mr. LATTA. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1353) to direct the Federal Communications Commission to issue 
rules for the provision of emergency connectivity service, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1353

       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 (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 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 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 licensee (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 subsection 
     (a), the Commission shall require a person who submits an 
     application to provide emergency connectivity service 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 describing how 
     such person plans to provide such service and how the 
     proposal complies with technical requirements included in 
     such rules under subsection (d)(2).
       (2) Such person will not use any electromagnetic spectrum 
     to which access is made available under such rules to provide 
     any service other than emergency 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 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 such 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 such 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) 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 access 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 voluntary express written consent for such 
     access from such entity. An entity that receives a request 
     for consent 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 requirements 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 provide a service to such area or an adjacent 
     geographic area.
       (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 (i)(5)(B), the rules issued 
     under subsection (a) shall require that, if a provider 
     approved to provide emergency connectivity service to such 
     area under such rules chooses to provide emergency 
     connectivity service to such area, such provider shall 
     provide both services described in subsection (i)(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 (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 
     emergency alerts 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(i) 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) 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 Commerce, Science, and 
     Transportation of the Senate a report regarding the provision 
     of emergency connectivity service under such rules, which 
     shall include a description of--
       (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 provide, to a provider 
     of emergency connectivity service, the consent described in 
     subsection (d)(1).
       (h) Rules of Construction.--Nothing in this section 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 facilitate 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 proposes 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 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.
       (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).

[[Page H1923]]

       (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) 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 Regulations (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 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Latta) and the gentleman from New Jersey (Mr. Pallone) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Ohio.


                             General Leave

  Mr. LATTA. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous materials in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1353, the ALERT Parity Act, 
led by the gentleman from Ohio's Sixth District and the gentlewoman of 
Washington's Eighth District.
  When hurricanes, tornadoes, and other natural disasters strike, 
connectivity and access to emergency communications is often one of the 
many critical services that are temporarily knocked out. Access to 911 
services and important updates from local authorities sent by text 
message may be unavailable in dire moments.
  While network operators do great work in preparing for, responding 
to, and improving future preparations for these natural disasters, they 
are unavoidable. Even the best response may leave Americans trapped 
without access to emergency services in the aftermath of the event.
  However, recent innovations in satellite communications technologies 
have opened new opportunities to leverage our communications systems to 
provide emergency communications in times of natural disaster from 
satellites. Many of these services are designed to be available on 
Americans' phones seamlessly with no action needed by Americans.
  Recent innovative partnership between terrestrial network operators 
and satellite operators have highlighted the type of possibilities 
Americans may someday take for granted. Yet, these innovations and 
partnerships have also demonstrated that novel use of our airwaves, 
while potentially lifesaving, also need regulatory certainty so that 
they are reliably available and do not result in harmful interference.
  The ALERT Parity Act would establish a process for the FCC to ensure 
that satellite technology can be used to ensure access to wireless 
emergency alerts and 911 service remain uninterrupted during times of 
an emergency in areas that do not have connectivity.
  This legislation will be key to ensuring that emergency connectivity 
services are not authorized using temporary authorities and adequately 
protect all of the wireless services Americans rely on.
  This legislation will also pave the way for U.S. leadership as other 
countries look to take advantage of the innovation pioneered here in 
the United States.
  Mr. Speaker, I urge my colleagues to support H.R. 1353, and I reserve 
the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 1353, the Advanced, 
Local Emergency Response Telecommunications Parity Act, or the ALERT 
Parity Act. This bipartisan bill will enhance wireless connectivity in 
remote and hard-to-reach places to ensure that people can always reach 
out to emergency services and family during emergencies.
  H.R. 1353 will help the Federal Communications Commission utilize 
satellite technology to deliver emergency connectivity service to 
remote areas or areas experiencing service outages caused by natural 
disasters. This is particularly important for rural and Tribal areas 
that have been particularly devastated by the lack of access to 911 and 
emergency alerts due to limited wireless coverage.
  This bill is needed now because over the last few months many 5G 
mobile providers and equipment manufacturers have announced 
partnerships with satellite operators to deliver emergency 
communication to consumers where wireless coverage is lacking or 
nonexistent. These efforts are likely to offer tangible benefits to 
consumers as the partnerships will enable wireless service providers to 
offer consumers universal coverage and enhance access to emergency 
services. It is likely that consumer demand for satellite services will 
grow in the future as wireless carriers and phone manufacturers 
continue to build this capability into their networks and phones.
  This additional layer of protection is also a welcome sign given that 
the worsening climate crisis is causing more frequent and extreme 
weather events. Mobile service is essential for receiving emergency 
alerts with lifesaving information. Resilient communications networks 
can be the difference between life and death when the unexpected 
strikes. Satellite systems will be crucial in helping ensure that 
consumers have the necessary details to navigate through these 
emergency situations.
  To help advance these efforts, H.R. 1353 directs the FCC to issue 
rules so that satellite providers can offer emergency connectivity 
services in areas that currently do not have access to such services or 
areas that have been impacted by a disaster.
  The legislation also requires the FCC to annually report to Congress 
on the instances where satellite providers utilized the rules to 
provide emergency services and where such providers were denied the 
opportunity to offer these lifesaving services.
  Mr. Speaker, I thank Representatives Schrier and Johnson for their 
bipartisan work on this bill. With this legislation, consumers can rest 
assured that if they find themselves in an area without service, 
whether it is because of lack of coverage, the result of natural 
disaster, or for some other reason, they will continue to have the 
ability to reach first responders and loved ones during an emergency.
  Mr. Speaker, I urge my colleagues to support this legislation that 
unanimously advanced out of the Energy and Commerce Committee last 
month, and I reserve the balance of my time.
  Mr. LATTA. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Ohio (Mr. Johnson).
  Mr. JOHNSON of Ohio. Mr. Speaker, I thank my colleague, Mr. Latta, 
for recognizing me.
  Mr. Speaker, I rise in support of my legislation, H.R. 1353, the 
ALERT Parity Act.
  This bipartisan legislation would require the Federal Communications 
Commission to issue rules within 18 months of enactment to establish an 
application process for any entities seeking to provide wireless 
emergency alerts for 911 services in unserved areas across America. It 
also requires the FCC to establish service rules whereby providers of 
emergency connectivity service may access spectrum held by a licensee, 
so long as it does not cause interference and they have express written 
consent from the licensee.
  Additionally, the bill requires the FCC to provide an annual report 
to Congress detailing instances where emergency connectivity service 
was provided by this process, and also each instance when an entity 
authorized to use spectrum declined to provide the consent needed by 
providers of emergency connectivity service to use their spectrum.
  This enables Congress to provide oversight of these services and 
ensure that this legislation is implemented as intended.
  First and foremost, enabling 911 calls and texts and emergency alerts 
in remote and unserved areas is not only

[[Page H1924]]

common sense, it is a lifesaving measure.
  Every American deserves access to emergency assistance, regardless of 
where they live, period.
  This bill is very narrow in scope. The rules required by the bill 
would only enable emergency connectivity service providers to connect 
to individuals' phones where there is no cellular service, either due 
to an outage or because there is not a mobile carrier providing service 
in that area.
  To many of us, it is frustrating if we lose cell service temporarily. 
It is unfathomable for many to understand that in 2023 there remains 
remote areas in America that still lack reliable cellular service.
  Now that there is technology that will enable distressed Ohioans in 
rural Appalachia, and all such rural areas across the United States who 
lack mobile cell service to reach emergency assistance, I believe we 
have a responsibility to make it happen and to ensure American 
innovation can serve our communities that are otherwise left out.
  Mr. Speaker, I thank Representative Kim Schrier for co-leading this 
legislation and her work on this bill.
  Mr. Speaker, I also urge my colleagues to support H.R. 1353 to ensure 
everyone has access to critical lifesaving emergency services 
regardless of where they live or travel.
  Mr. Speaker, I also thank Mr. Pallone, the ranking member of the 
Energy and Commerce Committee for his support as well.
  Mr. PALLONE. Mr. Speaker, this is a bipartisan bill that was reported 
out of our committee unanimously last month, and I would ask everyone 
to support the legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LATTA. Mr. Speaker, I also urge support of H.R. 1353, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. Latta) that the House suspend the rules and 
pass the bill, H.R. 1353, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. LATTA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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