[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
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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.
____________________