[House Report 118-39]
[From the U.S. Government Publishing Office]


118th Congress }                                               {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                               {   118-39

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



 
    ADVANCED, LOCAL EMERGENCY RESPONSE TELECOMMUNICATIONS PARITY ACT

                                _______
                                

 April 24, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mrs. Rodgers of Washington, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1353]

    The Committee on Energy and Commerce, to whom was referred 
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, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     5
Committee Action.................................................     5
Committee Votes..................................................     6
Oversight Findings and Recommendations...........................     8
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Congressional Budget Office Estimate.............................     8
Federal Mandates Statement.......................................     8
Statement of General Performance Goals and Objectives............     8
Duplication of Federal Programs..................................     8
Related Committee and Subcommittee Hearings......................     8
Committee Cost Estimate..........................................     9
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     9
Advisory Committee Statement.....................................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    11

    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 ``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).
          (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.

                          Purpose and Summary

    H.R. 1353 would require the Federal Communications 
Commission (Commission) to issue rules within 18 months of 
enactment to establish an application process for entities 
seeking to provide emergency connectivity service (wireless 
emergency alerts and 9-1-1 service) to areas where emergency 
connectivity service is not available on a long-term or 
temporary basis. The bill would also require the Commission to 
establish service rules whereby providers of emergency 
connectivity service may seek approval from a licensee to 
access spectrum held by the licensee, subject to approval by 
the licensee, but that use of the spectrum to provide emergency 
connectivity service may not cause interference to a licensee 
that holds the license or a licensee geographically adjacent to 
the use of the spectrum for emergency connectivity service. 
Finally, H.R. 1353 would amend the Warning, Alert, and Response 
Network Act to add emergency connectivity service to the list 
of services that receive liability protection for providing the 
service.

                  Background and Need for Legislation

    Significant areas of the United States are currently 
unserved by broadband or mobile wireless service, and therefore 
unserved by emergency communications services. Other areas of 
the United States currently receive access to wireless 
emergency alerts and 9-1-1 service, but natural disasters or 
other circumstances can damage or destroy terrestrial 
communications infrastructure and temporarily render an area 
unserved with respect to those services. In these dead zones, 
Americans may be unable to reach emergency services when an 
emergency arises. For example, after natural disasters like 
hurricanes or wildfires, affected residents may be left without 
the ability to connect to first responders. This disconnect may 
last for days or weeks, long after the winds, waters, or flames 
subside. When a natural disaster damages or destroys a 
communications network, other technologies are available that 
could provide emergency connectivity service from non-
terrestrial networks. These technologies, however, raise novel 
questions regarding the use of spectrum, and it is necessary to 
ensure that there are rules that facilitate the provision of 
emergency connectivity service that ensure service is provided 
reliably. This bill directs the Commission to issue rules that 
establish a process that facilitates innovative emergency 
connectivity service while protecting in-band spectrum users in 
the unserved geographic area, as well as in-band users in an 
adjacent geographic area, from harmful interference. The 
provision of emergency connectivity service will ensure that 
Americans in rural areas or those affected by natural disasters 
have reliable access to potentially life-saving services, where 
technically feasible, and subject to the approval of a license 
holder if seeking to access licensed spectrum.

                            Committee Action

    On February 2, 2023, the Subcommittee on Communications and 
Technology held a hearing entitled, ``Launching Into the State 
of the Satellite Marketplace.'' The Subcommittee received 
testimony from:
           Tom Stroup, President, Satellite Industry 
        Association
           Julie Zoller, Head of Global Regulatory 
        Affairs, Project Kuiper at Amazon
           Jennifer A. Manner, Senior Vice President of 
        Regulatory Affairs, Echostar Corporation
           Margo Deckard, Co-Founder and Chief 
        Operating Officer, Lynk Global, Inc.
           Kari Bingen, Director of the Aerospace 
        Security Project and Senior Fellow at the International 
        Security Program, Center for Strategic and 
        International Studies.
    On February 8, 2023, the Subcommittee on Communications and 
Technology held a legislative hearing entitled, ``Liftoff: 
Unleashing Innovation in Satellite Communications 
Technologies.'' The Subcommittee received testimony on H.R. 
1353 from:
           David Goldman, Senior Director of Satellite 
        Policy, SpaceX
           Peter Davidson, Vice President of Global 
        Government Affairs & Policy, Intelsat
           Whitney Q. Lohmeyer, Professor of 
        Engineering, Olin College of Engineering
           Danielle Pineres, Vice President of 
        Regulatory Affairs & Compliance, Planet Labs.
    On March 8, 2023, the Subcommittee on Communications and 
Technology met in open markup session and forwarded H.R. 1353, 
without amendment, to the full Committee by a record vote of 27 
yeas and 0 nays. On March 23, 2023, the full Committee on 
Energy and Commerce met in open markup session and ordered H.R. 
1353, as amended, favorably reported to the House by a record 
vote of 46 yeas and 0 nays.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:


                 Oversight Findings and Recommendations

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held hearings and made findings that 
are reflected in this report.

             New Budget Authority, Entitlement Authority, 
                          and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 1353 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       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.

         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 require 
the Commission to issue rules to establish an application 
process for entities seeking to provide emergency connectivity 
service to unserved areas and to provide parity on the 
liability protection afforded to other emergency communications 
services.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 1353 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.

              Related Committee and Subcommittee Hearings

    Pursuant to clause 3(c)(6) of rule XIII, the following 
hearing was used to develop or consider H.R. 1353:
    On February 2, 2023, the Subcommittee on Communications and 
Technology held a hearing entitled, ``Launching Into the State 
of the Satellite Marketplace.'' The Subcommittee received 
testimony from:
           Tom Stroup, President, Satellite Industry 
        Association
           Julie Zoller, Head of Global Regulatory 
        Affairs, Project Kuiper at Amazon
           Jennifer A. Manner, Senior Vice President of 
        Regulatory Affairs, Echostar Corporation
           Margo Deckard, Co-Founder and Chief 
        Operating Officer, Lynk Global, Inc.
           Kari Bingen, Director of the Aerospace 
        Security Project and Senior Fellow at the International 
        Security Program, Center for Strategic and 
        International Studies.
    On February 8, 2023, the Subcommittee on Communications and 
Technology held a hearing entitled, ``Liftoff: Unleashing 
Innovation in Satellite Communications Technologies.'' The 
Subcommittee received testimony on H.R. 1353 from:
           David Goldman, Senior Director of Satellite 
        Policy, SpaceX
           Peter Davidson, Vice President of Global 
        Government Affairs & Policy, Intelsat
           Whitney Q. Lohmeyer, Professor of 
        Engineering, Olin College of Engineering
           Danielle Peres, Vice President of Regulatory 
        Affairs & Compliance, Planet Labs.

                        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. At the time this report was 
filed, the estimate was not available.

       Earmark, 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. 1353 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      Advisory Committee Statement

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

                  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.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section designates that the bill may be cited as the 
``Advanced, Local Emergency Response Telecommunications Parity 
Act'' or the ``ALERT Parity Act''.

Section 2. Emergency connectivity service

    Subsection (a) requires the Federal Communications 
Commission (Commission) to, not later than 18 months after 
enactment, issue rules for the provision of emergency 
connectivity service to those that are 1) within an unserved 
area under section (h)(5)(B) of the act; and (2) those that 
become unserved due to destruction of infrastructure, a power 
outage, or another reason. In the above circumstances, a 
provider would receive access to spectrum to provide emergency 
connectivity service to the unserved area, subject to a 
licensee's voluntary consent if the emergency connectivity 
service provider is seeking to use the licensee's spectrum. The 
provision of this service does not qualify the emergency 
connectivity service provider as a licensee as defined in 
section 3 of the Communications Act of 1934 (47 U.S.C. 153). 
The deadline for the Commission to initiate such rulemaking is 
180 days after enactment.
    Subsection (b) requires that the rules issued under 
subsection (a) include a requirement that an applicant seeking 
to be approved as a provider of emergency connectivity service 
demonstrate to the Commission that: (1) the provider has a 
detailed technical proposal for service and that the proposal 
complies with the Commission's rules, (2) the provider will use 
spectrum provided under this section only for the provision of 
emergency connectivity service, (3) the proposed service can 
withstand major natural disasters, and (4) that such service 
can begin in a rapid manner.
     Subsection (c) requires the Commission to publish the list 
of all approved providers of emergency connectivity service.
    Subsection (d) requires the Commission to include in the 
rules required under subsection (a) rules stating that 
providers approved for emergency connectivity service that seek 
to use spectrum for which another entity holds a license must 
receive voluntary express, written consent from that entity to 
use or access the spectrum. The entity must provide consent in 
a timely manner following a request and there must be 
reasonable engagement between the parties. A licensee is not 
required to provide consent to the emergency connectivity 
service provider and any consent provided by the licensee is 
voluntary. However, it is the Committee's intent that the 
licensee must respond in a timely manner and engage in 
reasonable, good-faith discussions. Subsection (d) also 
requires the Commission to create technical requirements 
applicable to emergency connectivity service providers that 
ensure emergency service does not cause harmful interference to 
other authorized users of such spectrum serving the unserved 
area.
    Subsection (e) requires the Commission to include in the 
rules required to be issued under subsection (a) rules stating 
that in a scenario where an area is unserved with respect to 
both services described under (h)(5)(B), a provider seeking 
approval to provide emergency connectivity service in the area 
must provide both services.
    Subsection (f) amends the Warning, Alert, and Response 
Network Act to limit the liability of emergency connectivity 
service providers, to the extent such service is consistent 
with the provision of the service described in subsection 
(h)(5)(B)(i) of this section, as if the provider were a 
provider of commercial mobile service and meets its obligations 
under such Act. Subsection (f) also amends section 4 of the 
Wireless Communications and Public Safety Act of 1999 (47 
U.S.C. 615a) by inserting the term ``emergency connectivity 
service provider'' into subsection (a), (b), and (c) to 
establish provider, user, and public safety answering point 
parity with respect to other services. This section also amends 
section 7 of the Wireless Communications and Public Safety Act 
of 1999 by adding the terms Emergency Connectivity Service and 
Emergency Connectivity Service Provider, as such terms are 
defined in the Advanced, Local Emergency Response 
Telecommunications Parity Act.
    Subsection (g) requires the Commission to submit an annual 
report to Congress, beginning one year after enactment, on the 
provision of emergency connectivity service. This report would 
include a description of each instance in which emergency 
connectivity service was provided and each instance and 
geographic area in which an entity authorized to use spectrum 
declined to provide consent to an emergency connectivity 
service provider.
    Subsection (h) establishes three rules of construction that 
nothing in H.R. 1353 may be construed to: 1) provide the 
Commission with new authority to regulate the terms, 
conditions, or rates applicable to an agreement between two or 
more parties for the provision of emergency connectivity 
service; 2) preclude the Commission from permitting the use of 
the electromagnetic spectrum in the manner described by this 
act before the Commission issues the rules under subsection 
(b); and, 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 inconsistent with the Table of Frequency 
Allocations.
    Subsection (i) defines key terms.

         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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

         WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999




           *       *       *       *       *       *       *
SEC. 4. SERVICE PROVIDER PARITY OF PROTECTION.

  (a) Provider Parity.--A wireless carrier, IP-enabled voice 
service provider, emergency connectivity service provider, or 
other emergency communications provider, and their officers, 
directors, employees, vendors, and agents, shall have immunity 
or other protection from liability in a State of a scope and 
extent that is not less than the scope and extent of immunity 
or other protection from liability that any local exchange 
company, and its officers, directors, employees, vendors, or 
agents, have under Federal and State law (whether through 
statute, judicial decision, tariffs filed by such local 
exchange company, or otherwise) applicable in such State, 
including in connection with an act or omission involving the 
release to a PSAP, emergency medical service provider or 
emergency dispatch provider, public safety, fire service or law 
enforcement official, or hospital emergency or trauma care 
facility of subscriber information related to emergency calls, 
emergency services, emergency connectivity service, or other 
emergency communications services.
  (b) User Parity.--A person using wireless 9-1-1 service, or 
making 9-1-1 communications via [IP-enabled voice service or] 
IP-enabled voice service, emergency connectivity service, or 
other emergency communications service, shall have immunity or 
other protection from liability of a scope and extent that is 
not less than the scope and extent of immunity or other 
protection from liability under applicable law in similar 
circumstances of a person using 9-1-1 service that is not via 
wireless 9-1-1 service, IP-enabled voice service, emergency 
connectivity service, or other emergency communications 
service.
  (c) PSAP Parity.--In matters related to 9-1-1 communications 
via wireless 9-1-1 service, IP-enabled voice service, emergency 
connectivity service, or other emergency communications 
service, a PSAP, and its employees, vendors, agents, and 
authorizing government entity (if any) shall have immunity or 
other protection from liability of a scope and extent that is 
not less than the scope and extent of immunity or other 
protection from liability under applicable law accorded to such 
PSAP, employees, vendors, agents, and authorizing government 
entity, respectively, in matters related to 9-1-1 
communications that are not via wireless 9-1-1 service, IP-
enabled voice service, emergency connectivity service, or other 
emergency communications service.
  (d) Basis for Enactment.--This section is enacted as an 
exercise of the enforcement power of the Congress under section 
5 of the Fourteenth Amendment to the Constitution and the power 
of the Congress to regulate commerce with foreign nations, 
among the several States, and with Indian tribes.

           *       *       *       *       *       *       *


SEC. 7. DEFINITIONS.

   As used in this Act:
          (1) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (2) State.--The term ``State'' means any of the 
        several States, the District of Columbia, or any 
        territory or possession of the United States.
          (3) Public safety answering point; psap.--The term 
        ``public safety answering point'' or ``PSAP'' means a 
        facility that has been designated to receive 9-1-1 
        calls and route them to emergency service personnel.
          (4) Wireless carrier.--The term ``wireless carrier'' 
        means a provider of commercial mobile services or any 
        other radio communications service that the Federal 
        Communications Commission requires to provide wireless 
        9-1-1 service.
          (5) Enhanced wireless 9-1-1 service.--The term 
        ``enhanced wireless 9-1-1 service'' means any enhanced 
        9-1-1 service so designated by the Federal 
        Communications Commission in the proceeding entitled 
        ``Revision of the Commission's Rules to Ensure 
        Compatibility with Enhanced 9-1-1 Emergency Calling 
        Systems'' (CC Docket No. 94-102; RM-8143), or any 
        successor proceeding.
          (6) Wireless 9-1-1 service.--The term ``wireless 9-1-
        1 service'' means any 9-1-1 service provided by a 
        wireless carrier, including enhanced wireless 9-1-1 
        service.
          (7) Emergency dispatch providers.--The term 
        ``emergency dispatch providers'' shall include 
        governmental and nongovernmental providers of emergency 
        dispatch services.
          (8) IP-enabled voice service.--The term ``IP-enabled 
        voice service'' has the meaning given the term 
        ``interconnected VoIP service'' by section 9.3 of the 
        Federal Communications Commission's regulations (47 CFR 
        9.3).
          (8) Other emergency communications service.--The term 
        ``other emergency communications service'' means the 
        provision of emergency information to a public safety 
        answering point via wire or radio communications, and 
        may include 9-1-1 and enhanced 9-1-1 service.
          (9) Other emergency communications service 
        provider.--The term ``other emergency communications 
        service provider'' means--
                  (A) an entity other than a local exchange 
                carrier, wireless carrier, or an IP-enabled 
                voice service provider that is required by the 
                Federal Communications Commission consistent 
                with the Commission's authority under the 
                Communications Act of 1934 to provide other 
                emergency communications services; or
                  (B) in the absence of a Commission 
                requirement as described in subparagraph (A), 
                an entity that voluntarily elects to provide 
                other emergency communications services and is 
                specifically authorized by the appropriate 
                local or State 9-1-1 service governing 
                authority to provide other emergency 
                communications services.
          (10) Enhanced 9-1-1 service.--The term ``enhanced 9-
        1-1 service'' means the delivery of 9-1-1 calls with 
        automatic number identification and automatic location 
        identification, or successor or equivalent information 
        features over the wireline E911 network (as defined in 
        section 9.3 of the Federal Communications Commission's 
        regulations (47 C.F.R. 9.3) as of the date of enactment 
        of the New and Emerging Technologies 911 Improvement 
        Act of 2008) and equivalent or successor networks and 
        technologies. The term also includes any enhanced 9-1-1 
        service so designated by the Commission in its Report 
        and Order in WC Docket Nos. 04-36 and 05-196, or any 
        successor proceeding.
          (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.