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 ‘‘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 under section 1201 of this title and Tables. Section 3010 of the Digital Television Transition and Public Safety Act of 2005, referred to in subsec. (a), is section 3010 of Pub. L. 109–171, which is set out in a note under section 309 of this title. § 1206. Reliable emergency alert distribution im- provement (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 Ad- ministrator, shall adopt regulations to imple- ment the amendment made by paragraph (1)(B).1 (b) State emergency alert system plans and emergency communications committees (1) State emergency communications com- mittee 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 sub- clause (I); and (III) submit to the Commission an up- dated State EAS Plan; and (ii) not later than 60 days after the date on which the Commission receives an up- dated 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 submis- sion to the Commission under subparagraph (B)(i). (2) Consultation The Commission shall consult with the Ad- ministrator regarding the adoption of regula- tions under paragraph (1)(C). (3) Definitions In this subsection— (A) the term ‘‘SECC’’ means a State Emer- gency 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, Amer- ican Samoa, the Commonwealth of the Northern Mariana Islands, and any posses- sion 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 Ad- ministrator, shall complete a rulemaking pro- ceeding to establish a system to receive from the Administrator or State, Tribal, or local gov- ernments reports of false alerts under the Emer- gency Alert System or the Wireless Emergency Alerts System for the purpose of recording such false alerts and examining the causes of such false alerts. Page 415 TITLE 47—TELECOMMUNICATIONS § 1301 (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 Ad- ministrator, shall complete a rulemaking pro- ceeding to modify the Emergency Alert Sys- tem to provide for repeating Emergency Alert System messages while an alert remains pend- ing that is issued by— (A) the President; (B) the Administrator; or (C) any other entity determined appro- priate under the circumstances by the Com- mission, in consultation with the Adminis- trator. (2) Scope of rulemaking Paragraph (1) shall— (A) apply to warnings of national security events, meaning emergencies of national sig- nificance, such as a missile threat, terror at- tack, 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 con- strued 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 com- mander-in-chief with respect to the identi- fication, dissemination, notification, or alerting of information of missile threats against the United States, or threats to pub- lic safety. (e) Internet and online streaming services emer- gency alert examination (1) Study Not later than 180 days after January 1, 2021, and after providing public notice and oppor- tunity 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 pro- vided 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 con- clusions of the inquiry to— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Energy and Com- merce of the House of Representatives. (f) Definitions In this section— (1) the term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency; (2) the term ‘‘Commission’’ means the Fed- eral 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 Warn- ing, Alert, and Response Network Act (47 U.S.C. 1201 et seq.), the rules for which are set forth in part 10 of title 47, Code of Federal Regulations (or any successor regulation). (Pub. L. 116–283, div. H, title XCII, § 9201, Jan. 1, 2021, 134 Stat. 4785.) Editorial Notes REFERENCES IN TEXT The amendment made by paragraph (1)(B), referred to in subsec. (a)(2), means the amendment made by Pub. L. 116–283, § 9201(a)(1)(B) which amended section 1201 of this title. The Warning, Alert, and Response Network Act, re- ferred to in subsec. (f)(4), is title VI of Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1936, which is classified prin- cipally to chapter 11 (§ 1201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set under section 1201 of this title and Tables. CODIFICATION Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and not as part of the Warning, Alert, and Response Network Act which comprises this chap- ter. Section is comprised of section 9201 of Pub. L. 116–283. Subsec. (a) of section 9201 of Pub. L. 116–283 amended section 1201 of this title. CHAPTER 12—BROADBAND Sec. 1301. Findings. 1302. Advanced telecommunications incentives. 1303. Improving Federal data on broadband. 1304. Encouraging State initiatives to improve broadband. 1305. Broadband Technology Opportunities Pro- gram. 1306. Connecting minority communities. 1307. Office of Internet Connectivity and Growth. 1308. Interagency agreement. § 1301. Findings The Congress finds the following: (1) The deployment and adoption of broadband technology has resulted in en- hanced economic development and public safe- ty for communities across the Nation, im- proved health care and educational opportuni- ties, and a better quality of life for all Ameri- cans. (2) Continued progress in the deployment and adoption of broadband technology is vital to ensuring that our Nation remains competi- tive and continues to create business and job growth. (3) Improving Federal data on the deploy- ment and adoption of broadband service will assist in the development of broadband tech- nology across all regions of the Nation. (4) The Federal Government should also rec- ognize and encourage complementary State ef- forts to improve the quality and usefulness of broadband data and should encourage and sup- port the partnership of the public and private