47 U.S.C. § 1205 — Funding

Page 413 TITLE 47—TELECOMMUNICATIONS § 1205 (6) for a process under which commercial mobile service providers can elect to transmit emergency alerts if— (A) not all of the devices or equipment used by such provider are capable of receiv- ing such alerts; or (B) the provider cannot offer such alerts throughout the entirety of its service area; and (7) as otherwise necessary to enable electing commercial mobile service providers to trans- mit emergency alerts to subscribers. (d) Meetings (1) Initial meeting The initial meeting of the Advisory Com- mittee shall take place not later than 60 days after October 13, 2006. (2) Other meetings After the initial meeting, the Advisory Com- mittee shall meet at the call of the chair. (3) Notice; open meetings Any meetings held by the Advisory Com- mittee shall be duly noticed at least 14 days in advance and shall be open to the public. (e) Rules (1) Quorum One-third of the members of the Advisory Committee shall constitute a quorum for con- ducting business of the Advisory Committee. (2) Subcommittees To assist the Advisory Committee in car- rying out its functions, the chair may estab- lish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as deemed necessary. (3) Additional rules The Advisory Committee may adopt other rules as needed. (f) Chapter 10 of title 5 Neither chapter 10 of title 5 nor any rule, order, or regulation promulgated under that chapter shall apply to the Advisory Committee. (g) Consultation with NIST The Advisory Committee shall consult with the National Institute of Standards and Tech- nology in its work on developing recommenda- tions under paragraphs (2) and (3) of subsection (c). (Pub. L. 109–347, title VI, § 603, Oct. 13, 2006, 120 Stat. 1938; Pub. L. 117–286, § 4(a)(300), Dec. 27, 2022, 136 Stat. 4339.) Editorial Notes AMENDMENTS 2022—Subsec. (f). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘chapter 10 of title 5 nor any rule, order, or regulation promulgated under that chapter’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act’’ in text. § 1203. Research and development (a) In general The Under Secretary of Homeland Security for Science and Technology, in consultation with the director of the National Institute of Stand- ards and Technology and the chairman of the Federal Communications Commission, shall es- tablish a research, development, testing, and evaluation program based on the recommenda- tions of the Commercial Mobile Service Alert Advisory Committee, established pursuant to section 1202(a) of this title, to support the devel- opment of technologies to increase the number of commercial mobile service devices that can receive emergency alerts. (b) Functions The program established under subsection (a) shall— (1) fund research, development, testing, and evaluation at academic institutions, private sector entities, government laboratories, and other appropriate entities; and (2) ensure that the program addresses, at a minimum— (A) developing innovative technologies that will transmit geographically targeted emergency alerts to the public; and (B) research on understanding and improv- ing public response to warnings. (Pub. L. 109–347, title VI, § 604, Oct. 13, 2006, 120 Stat. 1940.) § 1204. Grant program for remote community alert systems (a) Grant program The Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Sec- retary of Homeland Security, shall establish a program under which grants may be made to provide for outdoor alerting technologies in re- mote communities effectively unserved by com- mercial mobile service (as determined by the Federal Communications Commission within 180 days after October 13, 2006) for the purpose of en- abling residents of those communities to receive emergency alerts. (b) Applications and conditions In conducting the program, the Under Sec- retary— (1) shall establish a notification and applica- tion procedure; and (2) may establish such conditions, and re- quire such assurances, as may be appropriate to ensure the efficiency and integrity of the grant program. (c) Sunset The Under Secretary may not make grants under subsection (a) more than 5 years after Oc- tober 13, 2006. (d) Limitation The sum of the amounts awarded for all fiscal years as grants under this section may not ex- ceed $10,000,000. (Pub. L. 109–347, title VI, § 605, Oct. 13, 2006, 120 Stat. 1940.) § 1205. Funding (a) In general In addition to any amounts provided by appro- priation Acts, funding for this chapter shall be 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.