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42 U.S.C. § 5189e — Essential service providers

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

42 U.S.C. § 5189e — Essential service providers

**(a) Definition** In this section, the term “essential service provider” means an entity that— (1) (A) provides (i) wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service; (ii) electrical power; (iii) natural gas; (iv) water and sewer services; or (v) any other essential service, as determined by the President; or (B) is a tower owner or operator; (2) is— (A) a municipal entity; (B) a nonprofit entity; or (C) a private, for profit entity; and (3) is contributing to efforts to respond to an emergency or major disaster. **(b) Authorization for accessibility** Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Federal agency, to the greatest extent practicable, shall not— (1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service; or (2) impede the restoration or repair of the services described in subsection (a)(1). **(c) Implementation** In implementing this section, the head of a Federal agency shall follow all applicable Federal laws, regulations, and policies.

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Stable record: federal_law:legal_authorities:record_usc_ac62af125d341abfa8efe5a7
Source file: Laws/federal/codes/united-states-code/title-42/section-5189e-essential-service-providers--d7aff1640a.md
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Source location: Title 42, Chapter 68, § 5189e; chapter-068-disaster-relief.md

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**(a) Definition** In this section, the term “essential service provider” means an entity that— (1) (A) provides (i) wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service; (ii) electrical power; (iii) natural gas; (iv) water and sewer services; or (v) any other essential service, as determined by the President; or (B) is a tower owner or operator; (2) is— (A) a municipal entity; (B) a nonprofit entity; or (C) a private, for profit entity; and (3) is contributing to efforts to respond to an emergency or major disaster. **(b) Authorization for accessibility** Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Federal agency, to the greatest extent practicable, shall not— (1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service; or (2) impede the restoration or repair of the services described in subsection (a)(1). **(c) Implementation** In implementing this section, the head of a Federal agency shall follow all applicable Federal laws, regulations, and policies.

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

42 U.S.C. § 5189c — Transportation assistance to individuals and households

The President may provide transportation assistance to relocate individuals displaced from their predisaster primary residences as a result of an incident declared under this chapter or otherwise transported from their predisaster primary residences under section 5170b(a)(3) or 5192 of this title, to and from alternative locations for short or long-term accommodation or to return an individual or household to their predisaster primary residence or alternative location, as determined necessary by the President.

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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

42 U.S.C. § 5189e — Essential service providers

Page 6422 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5189e 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–251, § 8(b), Dec. 20, 2022, 136 Stat. 2357, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to amounts appropriated on or after the date of enact- ment of this Act [Dec. 20, 2022].’’ § 5189e. Essential service providers (a) Definition In this section, the term ‘‘essential service provider’’ means an entity that— (1)(A) provides (i) wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broad- cast satellite service; (ii) electrical power; (iii) natural gas; (iv) water and sewer services; or (v) any other essential service, as deter- mined by the President; or (B) is a tower owner or operator; (2) is— (A) a municipal entity; (B) a nonprofit entity; or (C) a private, for profit entity; and (3) is contributing to efforts to respond to an emergency or major disaster. (b) Authorization for accessibility Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Fed- eral agency, to the greatest extent practicable, shall not— (1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service; or (2) impede the restoration or repair of the services described in subsection (a)(1). (c) Implementation In implementing this section, the head of a Federal agency shall follow all applicable Fed- eral laws, regulations, and policies. (Pub. L. 93–288, title IV, § 427, formerly § 425, as added Pub. L. 109–347, title VI, § 607, Oct. 13, 2006, 120

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