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47 U.S.C. § 1206 — Reliable emergency alert distribution improvement

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1206 — Reliable emergency alert distribution improvement

**(a) Wireless emergency alerts system offerings** (1) **Omitted** (2) **Regulations** — Not later than 180 days after January 1, 2021, the Commission, in consultation with the Administrator, shall adopt regulations to implement the amendment made by paragraph (1)(B).11 See References in Text note below. **(b) State emergency alert system plans and emergency communications committees** (1) **State emergency communications committee** — Not later than 180 days after January 1, 2021, the Commission shall adopt regulations that— (A) encourage the chief executive of each State— (i) to establish an SECC if the State does not have an SECC; or (ii) if the State has an SECC, to review the composition and governance of the SECC; (B) provide that— (i) each SECC, not less frequently than annually, shall— (I) meet to review and update its State EAS Plan; (II) certify to the Commission that the SECC has met as required under subclause (I); and (III) submit to the Commission an updated State EAS Plan; and (ii) not later than 60 days after the date on which the Commission receives an updated State EAS Plan under clause (i)(III), the Commission shall— (I) approve or disapprove the updated State EAS Plan; and (II) notify the chief executive of the State of the Commission’s approval or disapproval of such plan, and reason therefor; and (C) establish a State EAS Plan content checklist for SECCs to use when reviewing and updating a State EAS Plan for submission to the Commission under subparagraph (B)(i). (2) **Consultation** — The Commission shall consult with the Administrator regarding the adoption of regulations under paragraph (1)(C). (3) **Definitions** — In this subsection— (A) the term “SECC” means a State Eme

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Stable record: federal_law:legal_authorities:record_usc_827f628a1ae1dabc3692ecb2
Source file: Laws/federal/codes/united-states-code/title-47/section-1206-reliable-emergency-alert-distribution-improvement--87162f1514.md
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Source location: Title 47, Chapter 11, § 1206; chapter-011-commercial-mobile-service-alerts.md

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**(a) Wireless emergency alerts system offerings** (1) **Omitted** (2) **Regulations** — Not later than 180 days after January 1, 2021, the Commission, in consultation with the Administrator, shall adopt regulations to implement the amendment made by paragraph (1)(B).11 See References in Text note below. **(b) State emergency alert system plans and emergency communications committees** (1) **State emergency communications committee** — Not later than 180 days after January 1, 2021, the Commission shall adopt regulations that— (A) encourage the chief executive of each State— (i) to establish an SECC if the State does not have an SECC; or (ii) if the State has an SECC, to review the composition and governance of the SECC; (B) provide that— (i) each SECC, not less frequently than annually, shall— (I) meet to review and update its State EAS Plan; (II) certify to the Commission that the SECC has met as required under subclause (I); and (III) submit to the Commission an updated State EAS Plan; and (ii) not later than 60 days after the date on which the Commission receives an updated State EAS Plan under clause (i)(III), the Commission shall— (I) approve or disapprove the updated State EAS Plan; and (II) notify the chief executive of the State of the Commission’s approval or disapproval of such plan, and reason therefor; and (C) establish a State EAS Plan content checklist for SECCs to use when reviewing and updating a State EAS Plan for submission to the Commission under subparagraph (B)(i). (2) **Consultation** — The Commission shall consult with the Administrator regarding the adoption of regulations under paragraph (1)(C). (3) **Definitions** — In this subsection— (A) the term “SECC” means a State Emergency Communications Committee; (B) the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States; and (C) the term “State EAS Plan” means a State Emergency Alert System Plan. **(c) False alert reporting** Not later than 180 days after January 1, 2021, the Commission, in consultation with the Administrator, shall complete a rulemaking proceeding to establish a system to receive from the Administrator or State, Tribal, or local governments reports of false alerts under the Emergency Alert System or the Wireless Emergency Alerts System for the purpose of recording such false alerts and examining the causes of such false alerts. **(d) Repeating emergency alert system messages for national security** (1) **In general** — Not later than 180 days after January 1, 2021, the Commission, in consultation with the Administrator, shall complete a rulemaking proceeding to modify the Emergency Alert System to provide for repeating Emergency Alert System messages while an alert remains pending that is issued by— (A) the President; (B) the Administrator; or (C) any other entity determined appropriate under the circumstances by the Commission, in consultation with the Administrator. (2) **Scope of rulemaking** — Paragraph (1) shall— (A) apply to warnings of national security events, meaning emergencies of national significance, such as a missile threat, terror attack, or other act of war or threat to public safety; and (B) not apply to more typical warnings, such as a weather alert, AMBER Alert, or disaster alert. (3) **Rule of construction** — Nothing in this subsection shall be construed to impair, limit, or otherwise change— (A) the authority of the President granted by law to alert and warn the public; or (B) the role of the President as commander-in-chief with respect to the identification, dissemination, notification, or alerting of information of missile threats against the United States, or threats to public safety. **(e) Internet and online streaming services emergency alert examination** (1) **Study** — Not later than 180 days after January 1, 2021, and after providing public notice and opportunity for comment, the Commission shall complete an inquiry to examine the feasibility of updating the Emergency Alert System to enable or improve alerts to consumers provided through the internet, including through streaming services. (2) **Report** — Not later than 90 days after completing the inquiry under paragraph (1), the Commission shall submit a report on the findings and conclusions of the inquiry to— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. **(f) Definitions** In this section— (1) the term “Administrator” means the Administrator of the Federal Emergency Management Agency; (2) the term “Commission” means the Federal Communications Commission; (3) the term “Emergency Alert System” means the national public warning system, the rules for which are set forth in part 11 of title 47, Code of Federal Regulations (or any successor regulation); and (4) the term “Wireless Emergency Alerts System” means the wireless national public warning system established under the Warning, Alert, and Response Network Act ([47 U.S.C. 1201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1201&num=0&edition=prelim) et seq.), the rules for which are set forth in part 10 of title 47, Code of Federal Regulations (or any successor regulation).

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1201 — Federal Communications Commission duties

**(a) Commercial mobile service alert regulations** Within 180 days after the date on which the Commercial Mobile Service Alert Advisory Committee, established pursuant to [section 1202(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1202/a&num=0&edition=prelim), transmits recommendations to the Federal Communications Commission, the Commission shall complete a proceeding to adopt relevant technical standards, protocols, procedures, and other technical requirements based on the recommendations of such Advisory Committee necessary to enable commercial mobile service alerting capability for commercial mobile service providers that voluntarily elect to transmit emergency alerts. The Commission shall consult with the National Institute of Standards and Technology regarding the adoption of technical standards under this subsection. **(b) Commercial mobile service election** (1) **Amendment of commercial mobile service license** — Within 120 days after the date on which the Federal Communications Commission adopts relevant technical standards and other technical requirements pursuant to subsection (a), the Commission shall complete a proceeding— (A) to allow any licensee providing commercial mobile service (as defined in [section 332(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332/d/1&num=0&edition=prelim)) to transmit emergency alerts to subscribers to, or users of, the commercial mobile service provided by such licensee; (B) to require any licensee providing commercial mobile service that elects, in whole or in part, under paragraph (2) not to transmit emergency alerts to provide clear and conspicuous notice at the point of sale of any devices with which its commercial

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1201 — Federal Communications Commission du-

Page 411 TITLE 47—TELECOMMUNICATIONS § 1201 § 1201. Federal Communications Commission du- ties (a) Commercial mobile service alert regulations Within 180 days after the date on which the Commercial Mobile Service Alert Advisory Com- mittee, established pursuant to section 1202(a) of this title, transmits recommendations to the Federal Communications Commission, the Com- mission shall complete a proceeding to adopt relevant technical standards, protocols, proce- dures, and other technical requirements based on the recommendations of such Advisory Com- mittee necessary to enable commercial mobile service alerting capability for commercial mo- bile service providers that voluntarily elect to transmit emergency alerts. The Commission shall consult with the National Institute of Standards and Technology regarding the adop- tion of technical standards under this sub- section. (b) Commercial mobile service election (1) Amendment of commercial mobile service license Within 120 days after the date on which the Federal Communications Commission adopts relevant technical standards and other tech- nical requirements pursuant to subsection (a), the Commission shall complete a proceeding— (A) to allow any licensee providing com- mercial mobile service (as defined in section 332(d)(1) of this title) to transmit emergency alerts to subscribers to, or users of, the com- mercial mobile service provided by such li- censee; (B) to require any licensee providing com- mercial mobile service that elects, in whole or in part, under paragraph (2) not to trans- mit emergency alerts to provide clear and conspicuous notice at the point of sale of any devices with which its commercial mo- bile service is included, that it will not transmit such alerts via the service it pro

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1201

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1206 — Reliable emergency alert distribution im-

Page 414 TITLE 47—TELECOMMUNICATIONS § 1206 1 See References in Text note below. provided from the Digital Transition and Public Safety Fund in accordance with section 3010 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note). (b) Compensation The Assistant Secretary of Commerce for Communications and Information shall com- pensate any such broadcast station licensee or permittee for reasonable costs incurred in com- plying with the requirements imposed pursuant to section 1201(c) of this title from funds made available under this section. The Assistant Sec- retary shall ensure that sufficient funds are made available to effectuate geographically tar- geted alerts. (c) Credit The Assistant Secretary of Commerce for Communications and Information, in consulta- tion with the Under Secretary of Homeland Se- curity for Science and Technology and the Under Secretary of Commerce for Oceans and Atmosphere, may borrow from the Treasury be- ginning on October 1, 2006, such sums as may be necessary, but not to exceed $106,000,000, to im- plement this chapter. The Assistant Secretary of Commerce for Communications and Informa- tion shall ensure that the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Commerce for Oceans and Atmosphere are provided adequate funds to carry out their responsibilities under sections 1203 and 1204 of this title. The Treasury shall be reimbursed, without interest, from amounts in the Digital Television Transition and Public Safety Fund as funds are deposited into the Fund. (Pub. L. 109–347, title VI, § 606, Oct. 13, 2006, 120 Stat. 1941.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1206

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