H.R. 7022 — what changed
Mystic Alerts Act
From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.
Sec. 2 Transmission of emergency alerts by satellite
Service provider election—
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Required filing— Each provider Not later than 60 days after the effective date of commercial mobile service that voluntarily elects the final rule required to transmit emergency alerts be issued under section 602(b) of the Warning, Alert, and Response Network Act (Public Law 109–347; 42 U.S.C. 1201) subsection (b), each covered service provider shall file an election with the Federal Communications Commission with respect to whether the provider intends to also transmit such emergency alerts by satellite to the subscribers or users of the commercial mobile service of the provider.provider who receive such service on devices capable of receiving such alerts, in addition to the transmission of emergency alerts under the Warning Alert, and Response Network Act.
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Notification; agreement— If a provider described under paragraph (1) elects to transmit emergency alerts to subscribers or users by satellite, satellite under paragraph (1), the provider shall—
notify the Commission of that election; and
agree to transmit such alerts in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission.
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Election not to transmit— If a provider elects not to transmit emergency alerts by satellite under paragraph (1), the provider shall provide notice to new and existing subscribers and users of the commercial mobile service of the provider described in such paragraph of that election in the same manner that is required under subparagraphs (B) and (C) of section 602(b)(1) of the Warning, Alert, and Response Network Act.
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Consumer choice to opt out— If a provider of commercial mobile service described under paragraph (1) elects to transmit emergency alerts to subscribers and users of such service by satellite, satellite under paragraph (1), the provider shall prevent the device of any such subscriber or user that opts out of receiving emergency alerts pursuant to section 602(b)(2)(E) of the Warning, Alert, and Response Network Act, or classes of such alerts, from receiving such alerts by satellite.
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No fee for service— If a provider elects to transmit emergency alerts to subscribers by satellite under paragraph (1), the provider may not impose a separate or additional charge for such transmission or capability.
Satellite alert regulations—
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Notice of proposed rulemaking— Not later than 6 months after the date of the enactment of this Act, the Commission shall publish a Notice of Proposed Rulemaking to establish relevant technical standards, protocols, procedures, interoperability requirements, and other technical any requirements necessary to enable facilitate the satellite alerting capability for providers of commercial mobile covered service that voluntarily elect to transmit emergency alerts, including standards for training such providers on enabling such capability.providers.
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Final rule—Requirements— Not later than 12 months after the date of the enactment of this Act, the Commission shall, in consultation with the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency, issue a final rule establishing the standards, protocols, procedures, and The requirements described under required by paragraph (1).(1) shall—
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take into account the capability of—
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satellites to transmit emergency alerts; and
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mobile devices to receive and display such alerts; and
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minimize the impact of emergency alerting on other voice and data communications, including 9–1–1 communications.
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Final rule— Not later than 18 months after the date of the enactment of this Act, the Commission shall, in consultation with the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency, issue a final rule establishing the requirements described under paragraph (1).
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Effective date of rule—
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Date— The effective date of the final rule described under paragraph (3) shall be the later of—
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36 months after publication of the final rule in the Federal Register; or
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12 months after the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency implement any standards, protocols, or procedures necessary to support the transmission of emergency alerts from alert originators to covered service providers, the Secretary and the Administrator shall notify the Commission of such implementation.
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Notification— The Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency shall notify the Commission of the implementation of any standards, protocols, or procedures described under subparagraph (A)(ii) for the purpose of determining the effective date of the final rule described under paragraph (3).
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Limitation of liability—
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In general— Any covered service provider (including its officers, directors, employees, vendors, and agents) that transmits emergency alerts by satellite and meets its obligations under this Act shall not be liable to any subscriber to, or user of, such person’s service or equipment for—
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any act or omission related to or any harm resulting from the transmission of, or failure to transmit, an emergency alert by satellite; or
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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.
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Election not to transmit alerts by satellite— The election by a covered service provider under subsection (a)(3) not to transmit emergency alerts by satellite shall not, by itself, provide a basis for liability against the provider (including its officers, directors, employees, vendors, and agents).
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Covered service provider— In this Act, “covered service provider” means a provider of commercial mobile service that—
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voluntarily elects to transmit emergency alerts under section 602(b) of the Warning, Alert, and Response Network Act (Public Law 109–347; 42 U.S.C. 1201); and
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makes satellite voice and data communications service available to subscribers of the commercial mobile service of the provider.