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

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

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

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Stable record: federal_law:legal_authorities:record_usc_d95a439e0a95884d576baa3c
Source file: Laws/federal/codes/united-states-code/title-47/section-1201-federal-communications-commission-duties--c0b7f730bf.md
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Source location: Title 47, Chapter 11, § 1201; chapter-011-commercial-mobile-service-alerts.md

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**(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 mobile service is included, that it will not transmit such alerts via the service it provides for the device; and (C) to require any licensee providing commercial mobile service that elects under paragraph (2) not to transmit emergency alerts to notify its existing subscribers of its election. (2) **Election** (A) *In general* — Within 30 days after the Commission issues its order under paragraph (1), each licensee providing commercial mobile service shall file an election with the Commission with respect to whether or not it intends to transmit emergency alerts. (B) *Transmission standards; notification* — If a licensee providing commercial mobile service elects to transmit emergency alerts via its commercial mobile service, the licensee shall— (i) notify the Commission of its election; and (ii) agree to transmit such alerts in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission. (C) *No fee for service* — A commercial mobile service licensee that elects to transmit emergency alerts may not impose a separate or additional charge for such transmission or capability. (D) *Withdrawal; late election* — The Commission shall establish a procedure— (i) for a commercial mobile service licensee that has elected to transmit emergency alerts to withdraw its election without regulatory penalty or forfeiture upon advance written notification of the withdrawal to its affected subscribers; (ii) for a commercial mobile service licensee to elect to transmit emergency alerts at a date later than provided in subparagraph (A); and (iii) under which a subscriber may terminate a subscription to service provided by a commercial mobile service licensee that withdraws its election without penalty or early termination fee. (E) *Consumer choice technology* — Any commercial mobile service licensee electing to transmit emergency alerts may offer subscribers the capability of preventing the subscriber’s device from receiving such alerts, or classes of such alerts, other than an alert issued by— (i) the President; or (ii) the Administrator of the Federal Emergency Management Agency. **(c) Digital television transmission towers retransmission capability** Within 90 days after the date on which the Commission adopts relevant technical standards based on recommendations of 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), the Commission shall complete a proceeding to require licensees and permittees of noncommercial educational broadcast stations or public broadcast stations (as those terms are defined in [section 397(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section397/6&num=0&edition=prelim)) to install necessary equipment and technologies on, or as part of, any broadcast television digital signal transmitter to enable the distribution of geographically targeted alerts by commercial mobile service providers that have elected to transmit emergency alerts under this section. **(d) FCC regulation of compliance** The Federal Communications Commission may enforce compliance with this chapter but shall have no rulemaking authority under this chapter, except as provided in subsections (a), (b), (c), and (f). **(e) Limitation of liability** (1) **In general** — Any commercial mobile service provider (including its officers, directors, employees, vendors, and agents) that transmits emergency alerts and meets its obligations under this chapter shall not be liable to any subscriber to, or user of, such person’s service or equipment for— (A) any act or omission related to or any harm resulting from the transmission of, or failure to transmit, an emergency alert; or (B) the release to a government agency or entity, public safety, fire service, law enforcement official, emergency medical service, or emergency facility of subscriber information used in connection with delivering such an alert. (2) **Election not to transmit alerts** — The election by a commercial mobile service provider under subsection (b)(2)(A) not to transmit emergency alerts, or to withdraw its election to transmit such alerts under subsection (b)(2)(D) shall not, by itself, provide a basis for liability against the provider (including its officers, directors, employees, vendors, and agents). **(f) Testing** The Commission shall require by regulation technical testing for commercial mobile service providers that elect to transmit emergency alerts and for the devices and equipment used by such providers for transmitting such alerts.

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5189e

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

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101

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

6 U.S.C. § 314a — Port of entry donation authority

**(a) Personal property donation authority** (1) **In general** — The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, may enter into an agreement with any entity to accept a donation of personal property, money, or nonpersonal services for the uses described in paragraph (3) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services: (A) A new or existing sea or air port of entry. (B) An existing Federal Government-owned or -leased land port of entry. (C) A new Federal Government-owned or -leased land port of entry if— (i) the fair market value of the donation is $75,000,000 or less; and (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. (2) **Limitation on monetary donations** — Any monetary donation accepted pursuant to this subsection may not be used to pay the salaries of U.S. Customs and Border Protection employees performing inspection services. (3) **Uses** — Donations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in subparagraphs (A) through (F) of [section 211(g)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section211/g/3&num=0&edition=prelim), which are related to a new or existing sea or air port of entry or a new or existing Federal Government-owned or -leased land port of entry described in paragraph (1), including expenses related to— (A) furniture, fixtures, equipment, or technology, including the installation or deployment of such items; and (B) the operation and maintenance of such furniture, fixtur

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 314a

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

47 U.S.C. § 1205 — Funding

**(a) In general** In addition to any amounts provided by appropriation Acts, funding for this chapter shall be 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309&num=0&edition=prelim) note). **(b) Compensation** The Assistant Secretary of Commerce for Communications and Information shall compensate any such broadcast station licensee or permittee for reasonable costs incurred in complying with the requirements imposed pursuant to [section 1201(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1201/c&num=0&edition=prelim) from funds made available under this section. The Assistant Secretary shall ensure that sufficient funds are made available to effectuate geographically targeted alerts. **(c) Credit** The Assistant Secretary of Commerce for Communications and Information, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Commerce for Oceans and Atmosphere, may borrow from the Treasury beginning on October 1, 2006, such sums as may be necessary, but not to exceed $106,000,000, to implement this chapter. The Assistant Secretary of Commerce for Communications and Information 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 ar

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1205

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1206

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

6 U.S.C. § 331 — Integrated public alert and warning system modernization

**(a) In general** To provide timely and effective warnings regarding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety, the Administrator shall— (1) modernize the integrated public alert and warning system of the United States (in this section referred to as the “public alert and warning system”) to help ensure that under all conditions the President and, except to the extent the public alert and warning system is in use by the President, Federal agencies and State, tribal, and local governments can alert and warn the civilian population in areas endangered by natural disasters, acts of terrorism, and other man-made disasters or threats to public safety; and (2) implement the public alert and warning system to disseminate timely and effective warnings regarding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety. **(b) Implementation requirements** In carrying out subsection (a), the Administrator shall— (1) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (2) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies, as appropriate and to the extent technically feasible; (3) include in the public alert and warning system the capability to alert, warn, and provide equivalent information to individuals with disabilities, individuals with access and functional needs, and individuals with limited-English proficiency, to the extent technically feasible; (4) ensure that training, tests, and exercises are conducted

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 331

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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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