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- vides for the device; and (C) to require any licensee providing com- mercial 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 trans- mit emergency alerts. (B) Transmission standards; notification If a licensee providing commercial mobile service elects to transmit emergency alerts via its commercial mobile service, the li- censee 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 proce- dure— (i) for a commercial mobile service li- censee that has elected to transmit emer- gency alerts to withdraw its election with- out regulatory penalty or forfeiture upon advance written notification of the with- drawal to its affected subscribers; (ii) for a commercial mobile service li- censee to elect to transmit emergency alerts at a date later than provided in sub- paragraph (A); and (iii) under which a subscriber may termi- nate 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 re- transmission 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, es- tablished pursuant to section 1202(a) of this title, the Commission shall complete a pro- ceeding 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) to install necessary equipment and technologies on, or as part of, any broadcast television digital signal transmitter to enable the distribution of geo- graphically targeted alerts by commercial mo- bile service providers that have elected to trans- mit 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 (in- cluding its officers, directors, employees, ven- dors, 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 equip- ment for— (A) any act or omission related to or any harm resulting from the transmission of, or failure to transmit, an emergency alert; or Page 412 TITLE 47—TELECOMMUNICATIONS § 1202 (B) the release to a government agency or entity, public safety, fire service, law en- forcement official, emergency medical serv- ice, or emergency facility of subscriber in- formation used in connection with deliv- ering 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 sub- section (b)(2)(D) shall not, by itself, provide a basis for liability against the provider (includ- ing 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. (Pub. L. 109–347, title VI, § 602, Oct. 13, 2006, 120 Stat. 1936; Pub. L. 116–283, div. H, title XCII, § 9201(a)(1), Jan. 1, 2021, 134 Stat. 4785.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (d) and (e)(1), was in the original ‘‘this title’’, meaning title VI of Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1936, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out below and Tables. AMENDMENTS 2021—Subsec. (b)(2)(E). Pub. L. 116–283, substituted in first sentence, ‘‘other than an alert issued by—’’ for ‘‘other than an alert issued by the President.’’, and added cls. (i) and (ii), and struck out after first sen- tence ‘‘Within 2 years after the Commission completes the proceeding under paragraph (1), the Commission shall examine the issue of whether a commercial mo- bile service provider should continue to be permitted to offer its subscribers such capability. The Commission shall submit a report with its recommendations to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Com- merce of the House of Representatives.’’ Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 109–347, title VI, § 601, Oct. 13, 2006, 120 Stat. 1936, provided that: ‘‘This title [enacting this chapter, section 314a of Title 6, Domestic Security, and section 5189e of Title 42, The Public Health and Welfare, and amending section 101 of Title 6 and sections 5150, 5172, 5173, and 5184 of Title 42] may be cited as the ‘Warning, Alert, and Response Network Act’.’’ § 1202. Commercial Mobile Service Alert Advisory Committee (a) Establishment Not later than 60 days after October 13, 2006, the chairman of the Federal Communications Commission shall establish an advisory com- mittee, to be known as the Commercial Mobile Service Alert Advisory Committee (referred to in this section as the ‘‘Advisory Committee’’). (b) Membership The chairman of the Federal Communications Commission shall appoint the members of the Advisory Committee, as soon as practicable after October 13, 2006, from the following groups: (1) State and local government representatives Representatives of State and local govern- ments and representatives of emergency re- sponse providers, selected from among individ- uals nominated by national organizations rep- resenting such governments and personnel. (2) Tribal governments Representatives from Federally recognized Indian tribes and National Indian organiza- tions. (3) Subject matter experts Individuals who have the requisite technical knowledge and expertise to serve on the Advi- sory Committee in the fulfillment of its du- ties, including representatives of— (A) communications service providers; (B) vendors, developers, and manufacturers of systems, facilities, equipment, and capa- bilities for the provision of communications services; (C) third-party service bureaus; (D) technical experts from the broad- casting industry; (E) the national organization representing the licensees and permittees of noncommer- cial broadcast television stations; (F) national organizations representing in- dividuals with special needs, including indi- viduals with disabilities and the elderly; and (G) other individuals with relevant tech- nical expertise. (4) Qualified representatives of other stake- holders and interested parties Qualified representatives of such other stakeholders and interested and affected par- ties as the chairman deems appropriate. (c) Development of system-critical recommenda- tions Within 1 year after October 13, 2006, the Advi- sory Committee shall develop and submit to the Federal Communications Commission rec- ommendations— (1) for protocols, technical capabilities, and technical procedures through which electing commercial mobile service providers receive, verify, and transmit alerts to subscribers; (2) for the establishment of technical stand- ards for priority transmission of alerts by electing commercial mobile service providers to subscribers; (3) for relevant technical standards for de- vices and equipment and technologies used by electing commercial mobile service providers to transmit emergency alerts to subscribers; (4) for the technical capability to transmit emergency alerts by electing commercial mo- bile providers to subscribers in languages in addition to English, to the extent practicable and feasible; (5) under which electing commercial mobile service providers may offer subscribers the ca- pability of preventing the subscriber’s device from receiving emergency alerts, or classes of such alerts, (other than an alert issued by the President), consistent with section 1201(b)(2)(E) of this title;