[House Report 116-541]
[From the U.S. Government Publishing Office]


                                                Union Calendar No. 441
116th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      116-541

======================================================================



 
     PRESERVING HOME AND OFFICE NUMBERS IN EMERGENCIES ACT OF 2020

                                _______
                                

 September 29, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1289]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1289) to amend the Communications Act of 1934 to 
provide for a moratorium on number reassignment after a 
disaster declaration, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................3
 II. Background and Need for the Legislation..........................3
III. Committee Hearings...............................................4
 IV. Committee Consideration..........................................5
  V. Committee Votes..................................................5
 VI. Oversight Findings...............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures5
VIII.Federal Mandates Statement.......................................6

 IX. Statement of General Performance Goals and Objectives............6
  X. Duplication of Federal Programs..................................6
 XI. Committee Cost Estimate..........................................6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......6
XIII.Advisory Committee Statement.....................................6

XIV. Applicability to Legislative Branch..............................6
 XV. Section-by-Section Analysis of the Legislation...................6
XVI. Changes in Existing Law Made by the Bill, as Reported............8

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Preserving Home and Office Numbers in 
Emergencies Act of 2020'' or the ``PHONE Act of 2020''.

SEC. 2. MORATORIUM ON NUMBER REASSIGNMENT AFTER DISASTER DECLARATION.

  (a) In General.--Section 251(e) of the Communications Act of 1934 (47 
U.S.C. 251(e)) is amended by adding at the end the following:
          ``(4) Moratorium on number reassignment after disaster 
        declaration.--
                  ``(A) In general.--In the case of a number assigned 
                to a subscriber for the provision of fixed wireline 
                voice service at a location in a designated area during 
                a covered period--
                          ``(i) the number may not be reassigned, 
                        except at the request of the subscriber; and
                          ``(ii) the assignment of the number may not 
                        be rescinded or otherwise modified, except at 
                        the request of the subscriber.
                  ``(B) Extension at request of subscriber.--During the 
                covered period, at the request of a subscriber 
                described in subparagraph (A), the prohibition in 
                subparagraph (A) shall be extended for the number for 1 
                year after the date on which the covered period 
                expires.
                  ``(C) Subscriber right to cancel and resubscribe.--
                          ``(i) In general.--In the case of a number 
                        described under subparagraph (A) or (B), if the 
                        subscriber assigned to such number demonstrates 
                        to the provider of the service (or, under 
                        subclause (II), any other provider of fixed 
                        wireline voice service that serves the local 
                        area) that the residence where the number is 
                        located is inaccessible or uninhabitable--
                                  ``(I) the provider may not charge the 
                                subscriber an early termination or 
                                other fee in connection with the 
                                cancellation of such service, if 
                                cancelled during the covered period or 
                                the extension of the period described 
                                in subparagraph (B); and
                                  ``(II) if the subscriber cancels the 
                                service during the covered period or 
                                the extension of the period described 
                                in subparagraph (B), the provider (or 
                                any other provider of fixed wireline 
                                voice service that serves the local 
                                area)--
                                          ``(aa) shall permit the 
                                        subscriber to subscribe or 
                                        resubscribe, as the case may 
                                        be, to fixed wireline voice 
                                        service with the number at the 
                                        residence or at a different 
                                        residence (if such number is 
                                        available in the location of 
                                        such different residence); and
                                          ``(bb) may not charge the 
                                        subscriber a connection fee or 
                                        any other fee relating to the 
                                        initiation of fixed wireline 
                                        voice service.
                          ``(ii) Cancellation without demonstration of 
                        inaccessibility or uninhabitability.--If a 
                        subscriber cancels the provision of service 
                        assigned to a number described in subparagraph 
                        (A) or (B) and does not demonstrate to the 
                        provider of such service that the residence 
                        where the number is located is inaccessible or 
                        uninhabitable as described under clause (i), 
                        the number is no longer subject to the 
                        prohibition under subparagraph (A) or (B).
                  ``(D) Identification on commission website.--The 
                Commission shall publicly identify on the website of 
                the Commission each designated area that is in a 
                covered period, not later than 15 days after the 
                submission of a public designation by a State under 
                subparagraph (E)(iii) with respect to such area. In 
                identifying a designated area under subparagraph 
                (E)(iii), a State shall consult with providers of fixed 
                wireline voice service that serve such area and 
                coordinate with the Federal Emergency Management Agency 
                to reasonably limit the designated area to areas that 
                have sustained covered damage.
                  ``(E) Definitions.--In this paragraph:
                          ``(i) Covered damage.--The term `covered 
                        damage' means, with respect to an area--
                                  ``(I) damage that renders residences 
                                in such area inaccessible or 
                                uninhabitable; or
                                  ``(II) damage that otherwise results 
                                in the displacement of subscribers from 
                                or within such area.
                          ``(ii) Covered period.--The term `covered 
                        period' means a period that--
                                  ``(I) begins on the date of a 
                                declaration by the President of a major 
                                disaster under section 401 of the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5170) with respect to a designated 
                                area; and
                                  ``(II) ends on the date that is 1 
                                year after such date.
                          ``(iii) Designated area.--The term 
                        `designated area' means a geographic area for 
                        which a State has submitted a public 
                        designation to the Commission, within 15 days 
                        after a declaration by the President of a major 
                        disaster under section 401 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5170) with respect to 
                        such area, stipulating that the State has 
                        determined that--
                                  ``(I) covered damage was sustained in 
                                such area; and
                                  ``(II) the prohibitions described in 
                                this paragraph are necessary and in the 
                                public interest.
                          ``(iv) Voice service.--The term `voice 
                        service' has the meaning given the term `voice 
                        service' in section 227(e)(8).''.
  (b) Amendment of FCC Rules Required.--Not later than 180 days after 
the date of the enactment of this Act, the Federal Communications 
Commission shall amend its rules to reflect the requirements of 
paragraph (4) of section 251(e) of the Communications Act of 1934 (47 
U.S.C. 251(e)), as added by subsection (a).
  (c) Applicability.--Paragraph (4) of section 251(e) of the 
Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection 
(a), shall apply with respect to a major disaster declared by the 
President under section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170) after the date that is 
180 days after the date on which the Commission announces that the 
Commission is capable of publicly identifying a designated area on the 
website of the Commission under subparagraph (D) of such paragraph (4).

                         I. Purpose and Summary

    H.R. 1289, the ``Preserving Home and Office Numbers in 
Emergencies Act of 2020'' or the ``PHONE Act of 2020'', was 
introduced on February 14, 2019, by Representatives Mike C. 
Thompson (D-CA), Neal P. Dunn (R-FL), Anna G. Eshoo (D-CA), 
John Garamendi (D-CA), Sylvia R. Garcia (D-TX), Ann M. Kuster 
(D NH), Eleanor Holmes Norton (D-DC), Francis Rooney (R-FL), 
and Randy K. Weber, Sr. (R-TX), and referred to the Committee 
on Energy and Commerce. H.R. 1289 would prohibit providers of 
fixed wireline voice service from reassigning, rescinding, or 
otherwise modifying subscribers' phone numbers in the aftermath 
of a major disaster declaration by the President.

              II. Background and Need for the Legislation

    Since the beginning of 2017, the President has issued a 
major disaster declaration under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170) in almost 200 instances.\1\ The major disaster 
declarations issued over that period were triggered by a wide 
range of events, including tropical storms and hurricanes, 
severe storms and flooding, tornadoes, wildfires, earthquakes, 
typhoons, and mudslides.
---------------------------------------------------------------------------
    \1\Federal Emergency Management Agency, Declared Disasters 
(accessed Sept. 23, 2020) (https://www.fema.gov/disasters/disaster-
declarations).
---------------------------------------------------------------------------
    Over a three-week period in 2017, Hurricanes Harvey, Irma, 
and Maria struck the United States in rapid succession, causing 
a combined $265 billion in damages and widespread survivor 
displacement across Texas, Florida, Puerto Rico, and the U.S. 
Virgin Islands.\2\ According to data from the Federal Emergency 
Management Agency (FEMA), hundreds of thousands of Americans 
were forced to seek shelter over the course of the 2017 
Atlantic hurricane season, with FEMA and disaster relief 
partners providing more than one million shelter nights to 
displaced survivors.\3\
---------------------------------------------------------------------------
    \2\Federal Emergency Management Agency, 2017 Hurricane Season FEMA 
After-Action Report at 1 (Jul. 12, 2018) (https://www.fema.gov/sites/
default/files/2020-08/fema_hurricane-season-after-action-
report_2017.pdf).
    \3\Id. at 40.
---------------------------------------------------------------------------
    Survivors may be displaced for as little as one day or as 
long as multiple months, depending on the severity of the event 
and the extent of its damage. As of May 2018, FEMA had provided 
almost 60,000 households with Transitional Sheltering 
Assistance for a total of more than 5.3 million hotel nights 
because survivors' homes were either inaccessible or 
uninhabitable.\4\ In Texas following Hurricane Harvey, for 
instance, nearly 80,000 homes sustained a minimum of 18 inches 
of floodwater, causing nearly 780,000 residents to evacuate 
their homes during and after the storm.\5\
---------------------------------------------------------------------------
    \4\Id. at 39.
    \5\Id. at 39.
---------------------------------------------------------------------------
    Americans in the western United States have faced similar 
hardship as a result of record wildfires that continue to burn 
across the State. So far in 2020, almost 8,000 wildfires have 
burned in excess of 3.6 million acres in California and damaged 
or destroyed more than 7,000 structures.\6\ In Oregon, 
wildfires have burned approximately one million acres this year 
and destroyed more than 3,800 structures, including more than 
2,200 residences.\7\
---------------------------------------------------------------------------
    \6\California Department of Forestry and Fire Protection, Incidents 
Overview (accessed Sept. 23, 2020) (https://www.fire.ca.gov/incidents/
).
    \7\Oregon Office of Emergency Management, Wildfire Response and 
Recovery Update (Sept. 22, 2020) (https://govsite-
assets.s3.amazonaws.com/O5fAK80VTQHQuzNuEkw2_DailyUpdateSept22.pdf).
---------------------------------------------------------------------------
    This legislation would protect displaced survivors against 
the reassignment, recission, or other modification to their 
phone numbers in the aftermath of a disaster event. As 
survivors grapple with more immediate tasks following a 
disaster, such as repairing or rebuilding their homes and 
businesses, the PHONE Act ensures that subscribers of fixed 
wireline voice service can retain their assigned number upon 
returning to their homes or businesses.

                        III. Committee Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress the following hearing was used to develop or 
consider H.R. 1289:
    The Subcommittee on Communications and Technology held a 
legislative hearing on February 27, 2020, entitled 
``Strengthening Communications Networks to Help Americans in 
Crisis.'' H.R. 1289 was one of eight bills included in this 
hearing focusing on the communication needs of Americans during 
and after emergencies or major disasters. The Subcommittee 
received testimony from the following witnesses:
           Matthew Gerst, Vice President, Regulatory 
        Affairs, CTIA;
           Sue Ann Atkerson, CEO, Behavioral Health 
        Link;
           Anthony Gossner, Fire Chief, City of Santa 
        Rosa (Calif.);
           Joseph Torres, Senior Director of Strategy 
        and Engagement, Free Press and Free Press Action;
           Daniel Henry, Regulatory Counsel and 
        Director of Government Affairs, National Emergency 
        Number Association; and
           Allen F. Bell, Distribution Manager, Georgia 
        Power Company

                      IV. Committee Consideration

    H.R. 1289, the ``Preserving Home and Office Numbers in 
Emergencies Act of 2020'' or the ``PHONE Act'', was introduced 
on February 14, 2019, by Representatives Thompson (D-CA), Dunn 
(R-FL), Eshoo (D-CA), Garamendi (D-CA), Garcia (D-TX), Kuster 
(D-NH), Norton (D-DC), Rooney (R-FL), and Weber (R-TX), and 
referred to the Committee on Energy and Commerce. The bill was 
then referred to the Subcommittee on Communications and 
Technology on February 15, 2019. A legislative hearing was held 
on the bill on February 27, 2020.
    On March 10, 2020, the Subcommittee on Communications and 
Technology held an open markup session, pursuant to notice, on 
H.R. 1289. During its consideration, an amendment in the nature 
of a substitute (AINS) offered by Ms. Eshoo of California was 
agreed to by a voice vote. The Subcommittee then agreed to a 
motion by Mr. Doyle of Pennsylvania, Chairman of the 
subcommittee, to forward H.R. 1289 favorably to the full 
Committee, amended, by a voice vote.
    On September 9, 2020, the full Committtee met in virtual 
open markup session, pursuant to notice, to consider in markup 
session H.R. 1289. During consideration of the bill, an 
amendment in the nature of a substitute (AINS) was offered by 
Ms. Eshoo and the AINS was agreed to by a voice vote. The full 
Committee then agreed to a motion by Mr. Pallone, Chairman of 
the committee, to order H.R. 1289 reported favorably to the 
House, amended, by a voice vote, a quorum being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
1289, including the motion on final passage.

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to protect 
subscribers of fixed wireline voice service whose residence is 
inaccessible or uninhabitable as a result of a disaster event.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 1289 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 1289 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Preserving Home and Office Numbers in Emergencies Act of 
2020'' or the ``PHONE Act of 2020''.

Sec. 2. Moratorium on number reassignment after disaster declaration

    Subsection (a) of this section amends 251(e) of the 
Communications Act of 1934, adding a paragraph to stipulate 
that a phone number assigned to a subscriber of fixed wireline 
voice service in a designated area may not be reassigned, 
rescinded, or otherwise modified, except at the request of the 
subscriber, for the duration of a covered period. A covered 
period begins on the date of a declaration by the President of 
a major disaster under 42 U.S.C. 5170 and ends one year after 
that date. At the request of a subscriber, the prohibition on 
providers of fixed wireline voice service from reassigning, 
rescinding, or otherwise modifying a subscriber's number shall 
be extended for an additional year after the expiration of the 
covered period.
    For the purposes of this legislation, a designated area is 
a geographic area that a State determines was subject to 
sustained covered damage and where the prohibition on number 
recission or reassignment is necessary and in the public 
interest. An area that has been subject to covered damage is an 
area in which the damage renders residences inaccessible or 
uninhabitable, or that otherwise results in the displacement of 
subscribers from or within that area. In making a determination 
of a designated area under the PHONE Act, States are required 
to consult with providers of fixed wireline voice service that 
serve the affected area, and to consult with the Federal 
Emergency Management Agency (FEMA) to reasonably limit the 
designated area to areas that have been subject to covered 
damage. The Committee expects that States will strongly confer 
with FEMA to identify households in a designated area that are 
rendered uninhabitable, and does not intend to alter any of 
FEMA's current responsibilities.
    The prohibitions under the PHONE Act would apply only if a 
State submits a public designation to the Federal 
Communications Commission (the Commission or the FCC), within 
15 days of a declaration by the President of a major disaster, 
stipulating that the State has determined the area or areas 
being designated by the State meet the criteria in clause (i) 
of subparagraph (E). The Commission is then required, not later 
than 15 days after submission by a State, to publicly identify 
on the FCC website each designated area, as designated by 
States to the Commission, that is in a covered period. The 
Committee expects that States, after their consultation with 
FEMA, will also consult with providers of fixed wireline voice 
service in such area to provide information on households in a 
designated area that are identified to have been rendered 
uninhabitable as a result of the major disaster.
    In the event that a subscriber of fixed wireline voice 
service in a designated area cancels or terminates their 
service during the covered period or one-year extension under 
subparagraph (B), a provider may not charge the subscriber an 
early termination or other fee if the subscriber demonstrates 
to the provider that the residence where the number is located 
is inaccessible or uninhabitable. The Committee intends for the 
prohibition on phone number reassignment under subparagraphs 
(A) and (B) to continue for the duration of the covered period 
and one-year extension, as the case may be, regardless of 
whether the subscriber cancels their service under clause (i) 
of paragraph (C). If, however, the subscriber cancels service 
but fails to demonstrate to the provider that the residence 
where the number is located is inaccessible or uninhabitable, 
the prohibitions under subparagraphs (A) and (B) would no 
longer apply. Still, the Committee encourages providers to 
assist subscribers who may not be aware of the demonstration 
requirement and consider waiving the requirement, which may be 
burdensome to subscribers who have been displaced from their 
homes by a disaster.
    If the subscriber, after such cancellation, seeks to 
resubscribe to fixed wireline voice service with their former 
provider or with any other provider serving the local area, the 
provider is required to permit the subscriber to subscribe or 
resubscribe with their phone number at the subscriber's 
original residence or at a different residence. Providers may 
not impose a connection fee or any other initiation fee on a 
subscriber who resubscribes to fixed wireline voice service 
after cancelling service under clause (i) of subparagraph (C).
    The Commission is required, not later than 180 days after 
enactment, to amend its rules to reflect the requirements of 
paragraph 4. The requirements of paragraph 4 shall apply after 
the date that is 180 days after the Commission announces it is 
capable of publicly identifying a designated area on the FCC 
website.
    This section provides definitions for the terms covered 
damage, covered period, designated area, and voice service.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                       COMMUNICATIONS ACT OF 1934




           *       *       *       *       *       *       *
TITLE II--COMMON CARRIERS

           *       *       *       *       *       *       *


              PART II--DEVELOPMENT OF COMPETITIVE MARKETS

SEC. 251. INTERCONNECTION.

  (a) General Duty of Telecommunications Carriers.--Each 
telecommunications carrier has the duty--
          (1) to interconnect directly or indirectly with the 
        facilities and equipment of other telecommunications 
        carriers; and
          (2) not to install network features, functions, or 
        capabilities that do not comply with the guidelines and 
        standards established pursuant to section 255 or 256.
  (b) Obligations of All Local Exchange Carriers.--Each local 
exchange carrier has the following duties:
          (1) Resale.--The duty not to prohibit, and not to 
        impose unreasonable or discriminatory conditions or 
        limitations on, the resale of its telecommunications 
        services.
          (2) Number portability.--The duty to provide, to the 
        extent technically feasible, number portability in 
        accordance with requirements prescribed by the 
        Commission.
          (3) Dialing parity.--The duty to provide dialing 
        parity to competing providers of telephone exchange 
        service and telephone toll service, and the duty to 
        permit all such providers to have nondiscriminatory 
        access to telephone numbers, operator services, 
        directory assistance, and directory listing, with no 
        unreasonable dialing delays.
          (4) Access to rights-of-way.--The duty to afford 
        access to the poles, ducts, conduits, and rights-of-way 
        of such carrier to competing providers of 
        telecommunications services on rates, terms, and 
        conditions that are consistent with section 224.
          (5) Reciprocal compensation.--The duty to establish 
        reciprocal compensation arrangements for the transport 
        and termination of telecommunications.
  (c) Additional Obligations of Incumbent Local Exchange 
Carriers.--In addition to the duties contained in subsection 
(b), each incumbent local exchange carrier has the following 
duties:
          (1) Duty to negotiate.--The duty to negotiate in good 
        faith in accordance with section 252 the particular 
        terms and conditions of agreements to fulfill the 
        duties described in paragraphs (1) through (5) of 
        subsection (b) and this subsection. The requesting 
        telecommunications carrier also has the duty to 
        negotiate in good faith the terms and conditions of 
        such agreements.
          (2) Interconnection.--The duty to provide, for the 
        facilities and equipment of any requesting 
        telecommunications carrier, interconnection with the 
        local exchange carrier's network--
                  (A) for the transmission and routing of 
                telephone exchange service and exchange access;
                  (B) at any technically feasible point within 
                the carrier's network;
                  (C) that is at least equal in quality to that 
                provided by the local exchange carrier to 
                itself or to any subsidiary, affiliate, or any 
                other party to which the carrier provides 
                interconnection; and
                  (D) on rates, terms, and conditions that are 
                just, reasonable, and nondiscriminatory, in 
                accordance with the terms and conditions of the 
                agreement and the requirements of this section 
                and section 252.
          (3) Unbundled access.--The duty to provide, to any 
        requesting telecommunications carrier for the provision 
        of a telecommunications service, nondiscriminatory 
        access to network elements on an unbundled basis at any 
        technically feasible point on rates, terms, and 
        conditions that are just, reasonable, and 
        nondiscriminatory in accordance with the terms and 
        conditions of the agreement and the requirements of 
        this section and section 252. An incumbent local 
        exchange carrier shall provide such unbundled network 
        elements in a manner that allows requesting carriers to 
        combine such elements in order to provide such 
        telecommunications service.
          (4) Resale.--The duty--
                  (A) to offer for resale at wholesale rates 
                any telecommunications service that the carrier 
                provides at retail to subscribers who are not 
                telecommunications carriers; and
                  (B) not to prohibit, and not to impose 
                unreasonable or discriminatory conditions or 
                limitations on, the resale of such 
                telecommunications service, except that a State 
                commission may, consistent with regulations 
                prescribed by the Commission under this 
                section, prohibit a reseller that obtains at 
                wholesale rates a telecommunications service 
                that is available at retail only to a category 
                of subscribers from offering such service to a 
                different category of subscribers.
          (5) Notice of changes.--The duty to provide 
        reasonable public notice of changes in the information 
        necessary for the transmission and routing of services 
        using that local exchange carrier's facilities or 
        networks, as well as of any other changes that would 
        affect the interoperability of those facilities and 
        networks.
          (6) Collocation.--The duty to provide, on rates, 
        terms, and conditions that are just, reasonable, and 
        nondiscriminatory, for physical collocation of 
        equipment necessary for interconnection or access to 
        unbundled network elements at the premises of the local 
        exchange carrier, except that the carrier may provide 
        for virtual collocation if the local exchange carrier 
        demonstrates to the State commission that physical 
        collocation is not practical for technical reasons or 
        because of space limitations.
  (d) Implementation.--
          (1) In general.--Within 6 months after the date of 
        enactment of the Telecommunications Act of 1996, the 
        Commission shall complete all actions necessary to 
        establish regulations to implement the requirements of 
        this section.
          (2) Access standards.--In determining what network 
        elements should be made available for purposes of 
        subsection (c)(3), the Commission shall consider, at a 
        minimum, whether--
                  (A) access to such network elements as are 
                proprietary in nature is necessary; and
                  (B) the failure to provide access to such 
                network elements would impair the ability of 
                the telecommunications carrier seeking access 
                to provide the services that it seeks to offer.
          (3) Preservation of state access regulations.--In 
        prescribing and enforcing regulations to implement the 
        requirements of this section, the Commission shall not 
        preclude the enforcement of any regulation, order, or 
        policy of a State commission that--
                  (A) establishes access and interconnection 
                obligations of local exchange carriers;
                  (B) is consistent with the requirements of 
                this section; and
                  (C) does not substantially prevent 
                implementation of the requirements of this 
                section and the purposes of this part.
  (e) Numbering Administration.--
          (1) Commission authority and jurisdiction.--The 
        Commission shall create or designate one or more 
        impartial entities to administer telecommunications 
        numbering and to make such numbers available on an 
        equitable basis. The Commission shall have exclusive 
        jurisdiction over those portions of the North American 
        Numbering Plan that pertain to the United States. 
        Nothing in this paragraph shall preclude the Commission 
        from delegating to State commissions or other entities 
        all or any portion of such jurisdiction.
          (2) Costs.--The cost of establishing 
        telecommunications numbering administration 
        arrangements and number portability shall be borne by 
        all telecommunications carriers on a competitively 
        neutral basis as determined by the Commission.
          (3) Universal emergency telephone number.--The 
        Commission and any agency or entity to which the 
        Commission has delegated authority under this 
        subsection shall designate 9-1-1 as the universal 
        emergency telephone number within the United States for 
        reporting an emergency to appropriate authorities and 
        requesting assistance. The designation shall apply to 
        both wireline and wireless telephone service. In making 
        the designation, the Commission (and any such agency or 
        entity) shall provide appropriate transition periods 
        for areas in which 9-1-1 is not in use as an emergency 
        telephone number on the date of enactment of the 
        Wireless Communications and Public Safety Act of 1999.
          (4) Moratorium on number reassignment after disaster 
        declaration.--
                  (A) In general.--In the case of a number 
                assigned to a subscriber for the provision of 
                fixed wireline voice service at a location in a 
                designated area during a covered period--
                          (i) the number may not be reassigned, 
                        except at the request of the 
                        subscriber; and
                          (ii) the assignment of the number may 
                        not be rescinded or otherwise modified, 
                        except at the request of the 
                        subscriber.
                  (B) Extension at request of subscriber.--
                During the covered period, at the request of a 
                subscriber described in subparagraph (A), the 
                prohibition in subparagraph (A) shall be 
                extended for the number for 1 year after the 
                date on which the covered period expires.
                  (C) Subscriber right to cancel and 
                resubscribe.--
                          (i) In general.--In the case of a 
                        number described under subparagraph (A) 
                        or (B), if the subscriber assigned to 
                        such number demonstrates to the 
                        provider of the service (or, under 
                        subclause (II), any other provider of 
                        fixed wireline voice service that 
                        serves the local area) that the 
                        residence where the number is located 
                        is inaccessible or uninhabitable--
                                  (I) the provider may not 
                                charge the subscriber an early 
                                termination or other fee in 
                                connection with the 
                                cancellation of such service, 
                                if cancelled during the covered 
                                period or the extension of the 
                                period described in 
                                subparagraph (B); and
                                  (II) if the subscriber 
                                cancels the service during the 
                                covered period or the extension 
                                of the period described in 
                                subparagraph (B), the provider 
                                (or any other provider of fixed 
                                wireline voice service that 
                                serves the local area)--
                                          (aa) shall permit the 
                                        subscriber to subscribe 
                                        or resubscribe, as the 
                                        case may be, to fixed 
                                        wireline voice service 
                                        with the number at the 
                                        residence or at a 
                                        different residence (if 
                                        such number is 
                                        available in the 
                                        location of such 
                                        different residence); 
                                        and
                                          (bb) may not charge 
                                        the subscriber a 
                                        connection fee or any 
                                        other fee relating to 
                                        the initiation of fixed 
                                        wireline voice service.
                          (ii) Cancellation without 
                        demonstration of inaccessibility or 
                        uninhabitability.--If a subscriber 
                        cancels the provision of service 
                        assigned to a number described in 
                        subparagraph (A) or (B) and does not 
                        demonstrate to the provider of such 
                        service that the residence where the 
                        number is located is inaccessible or 
                        uninhabitable as described under clause 
                        (i), the number is no longer subject to 
                        the prohibition under subparagraph (A) 
                        or (B).
                  (D) Identification on commission website.--
                The Commission shall publicly identify on the 
                website of the Commission each designated area 
                that is in a covered period, not later than 15 
                days after the submission of a public 
                designation by a State under subparagraph 
                (E)(iii) with respect to such area. In 
                identifying a designated area under 
                subparagraph (E)(iii), a State shall consult 
                with providers of fixed wireline voice service 
                that serve such area and coordinate with the 
                Federal Emergency Management Agency to 
                reasonably limit the designated area to areas 
                that have sustained covered damage.
                  (E) Definitions.--In this paragraph:
                          (i) Covered damage.--The term 
                        ``covered damage'' means, with respect 
                        to an area--
                                  (I) damage that renders 
                                residences in such area 
                                inaccessible or uninhabitable; 
                                or
                                  (II) damage that otherwise 
                                results in the displacement of 
                                subscribers from or within such 
                                area.
                          (ii) Covered period.--The term 
                        ``covered period'' means a period 
                        that--
                                  (I) begins on the date of a 
                                declaration by the President of 
                                a major disaster under section 
                                401 of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5170) 
                                with respect to a designated 
                                area; and
                                  (II) ends on the date that is 
                                1 year after such date.
                          (iii) Designated area.--The term 
                        ``designated area'' means a geographic 
                        area for which a State has submitted a 
                        public designation to the Commission, 
                        within 15 days after a declaration by 
                        the President of a major disaster under 
                        section 401 of the Robert T. Stafford 
                        Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5170) with 
                        respect to such area, stipulating that 
                        the State has determined that--
                                  (I) covered damage was 
                                sustained in such area; and
                                  (II) the prohibitions 
                                described in this paragraph are 
                                necessary and in the public 
                                interest.
                          (iv) Voice service.--The term ``voice 
                        service'' has the meaning given the 
                        term ``voice service'' in section 
                        227(e)(8).
  (f) Exemptions, Suspensions, and Modifications.--
          (1) Exemption for certain rural telephone 
        companies.--
                  (A) Exemption.--Subsection (c) of this 
                section shall not apply to a rural telephone 
                company until (i) such company has received a 
                bona fide request for interconnection, 
                services, or network elements, and (ii) the 
                State commission determines (under subparagraph 
                (B)) that such request is not unduly 
                economically burdensome, is technically 
                feasible, and is consistent with section 254 
                (other than subsections (b)(7) and (c)(1)(D) 
                thereof).
                  (B) State termination of exemption and 
                implementation schedule.--The party making a 
                bona fide request of a rural telephone company 
                for interconnection, services, or network 
                elements shall submit a notice of its request 
                to the State commission. The State commission 
                shall conduct an inquiry for the purpose of 
                determining whether to terminate the exemption 
                under subparagraph (A). Within 120 days after 
                the State commission receives notice of the 
                request, the State commission shall terminate 
                the exemption if the request is not unduly 
                economically burdensome, is technically 
                feasible, and is consistent with section 254 
                (other than subsections (b)(7) and (c)(1)(D) 
                thereof). Upon termination of the exemption, a 
                State commission shall establish an 
                implementation schedule for compliance with the 
                request that is consistent in time and manner 
                with Commission regulations.
                  (C) Limitation on exemption.--The exemption 
                provided by this paragraph shall not apply with 
                respect to a request under subsection (c) from 
                a cable operator providing video programming, 
                and seeking to provide any telecommunications 
                service, in the area in which the rural 
                telephone company provides video programming. 
                The limitation contained in this subparagraph 
                shall not apply to a rural telephone company 
                that is providing video programming on the date 
                of enactment of the Telecommunications Act of 
                1996.
          (2) Suspensions and modifications for rural 
        carriers.--A local exchange carrier with fewer than 2 
        percent of the Nation's subscriber lines installed in 
        the aggregate nationwide may petition a State 
        commission for a suspension or modification of the 
        application of a requirement or requirements of 
        subsection (b) or (c) to telephone exchange service 
        facilities specified in such petition. The State 
        commission shall grant such petition to the extent 
        that, and for such duration as, the State commission 
        determines that such suspension or modification--
                  (A) is necessary--
                          (i) to avoid a significant adverse 
                        economic impact on users of 
                        telecommunications services generally;
                          (ii) to avoid imposing a requirement 
                        that is unduly economically burdensome; 
                        or
                          (iii) to avoid imposing a requirement 
                        that is technically infeasible; and
                  (B) is consistent with the public interest, 
                convenience, and necessity.
        The State commission shall act upon any petition filed 
        under this paragraph within 180 days after receiving 
        such petition. Pending such action, the State 
        commission may suspend enforcement of the requirement 
        or requirements to which the petition applies with 
        respect to the petitioning carrier or carriers.
  (g) Continued Enforcement of Exchange Access and 
Interconnection Requirements.--On and after the date of 
enactment of the Telecommunications Act of 1996, each local 
exchange carrier, to the extent that it provides wireline 
services, shall provide exchange access, information access, 
and exchange services for such access to interexchange carriers 
and information service providers in accordance with the same 
equal access and nondiscriminatory interconnection restrictions 
and obligations (including receipt of compensation) that apply 
to such carrier on the date immediately preceding the date of 
enactment of the Telecommunications Act of 1996 under any court 
order, consent decree, or regulation, order, or policy of the 
Commission, until such restrictions and obligations are 
explicitly superseded by regulations prescribed by the 
Commission after such date of enactment. During the period 
beginning on such date of enactment and until such restrictions 
and obligations are so superseded, such restrictions and 
obligations shall be enforceable in the same manner as 
regulations of the Commission.
  (h) Definition of Incumbent Local Exchange Carrier.--
          (1) Definition.--For purposes of this section, the 
        term ``incumbent local exchange carrier'' means, with 
        respect to an area, the local exchange carrier that--
                  (A) on the date of enactment of the 
                Telecommunications Act of 1996, provided 
                telephone exchange service in such area; and
                  (B)(i) on such date of enactment, was deemed 
                to be a member of the exchange carrier 
                association pursuant to section 69.601(b) of 
                the Commission's regulations (47 C.F.R. 
                69.601(b)); or
                  (ii) is a person or entity that, on or after 
                such date of enactment, became a successor or 
                assign of a member described in clause (i).
          (2) Treatment of comparable carriers as incumbents.--
        The Commission may, by rule, provide for the treatment 
        of a local exchange carrier (or class or category 
        thereof) as an incumbent local exchange carrier for 
        purposes of this section if--
                  (A) such carrier occupies a position in the 
                market for telephone exchange service within an 
                area that is comparable to the position 
                occupied by a carrier described in paragraph 
                (1);
                  (B) such carrier has substantially replaced 
                an incumbent local exchange carrier described 
                in paragraph (1); and
                  (C) such treatment is consistent with the 
                public interest, convenience, and necessity and 
                the purposes of this section.
  (i) Savings Provision.--Nothing in this section shall be 
construed to limit or otherwise affect the Commission's 
authority under section 201.

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