[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 564 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 564
To facilitate the deployment of wireless telecommunications networks in
order to further the availability of the Emergency Alert System, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2003
Ms. Landrieu (for herself, Mr. Sununu, Mr. Burns, Mr. Dodd, Mr. Gregg,
Mrs. Hutchison, Mr. Inouye, Mr. Jeffords, Mr. Leahy, Mr. Lieberman, Mr.
Lott, Ms. Mikulski, Mr. Kennedy, Mr. Miller, Mr. Dorgan, and Mr. Kerry)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Tranportation
_______________________________________________________________________
A BILL
To facilitate the deployment of wireless telecommunications networks in
order to further the availability of the Emergency Alert System, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Communications and
Competition Act of 2003''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To facilitate the deployment of new wireless
telecommunications networks in order to extend the reach of the
Emergency Alert System (EAS) to viewers of multichannel video
programming who may not receive Emergency Alert System warnings
from other communications technologies.
(2) To ensure that emergency personnel have priority access
to communications facilities in times of emergency.
(3) To promote the rapid deployment of low cost multi-
channel video programming and broadband Internet services to
the public, without causing harmful interference to existing
telecommunications services.
(4) To ensure the universal carriage of local television
stations, including any Emergency Alert System warnings, by
multichannel video programming distributors in all markets,
regardless of population.
(5) To advance the public interest by making available new
high speed data and video services to unserved and underserved
populations, including schools, libraries, tribal lands,
community centers, senior centers, and low-income housing.
(6) To ensure that new technologies capable of fulfilling
the purposes set forth in paragraphs (1) through (5) are
licensed and deployed promptly after such technologies have
been determined to be technologically feasible.
SEC. 3. LICENSING.
(a) Grant of Certain Licenses.--
(1) In general.--The Federal Communications Commission
shall assign licenses in the 12.2-12.7 GHz band for the
provision of fixed terrestrial services using the rules,
policies, and procedures used by the Commission to assign
licenses in the 12.2-12.7 GHz band for the provision of
international or global satellite communications services in
accordance with section 647 of the Open-market Reorganization
for the Betterment of International Telecommunications Act (47
U.S.C. 765f).
(2) Deadline.--The Commission shall accept for filing and
grant licenses under paragraph (1) to any applicant that is
qualified pursuant to subsection (b) not later than six months
after the date of the enactment of this Act. The preceding
sentence shall not be construed to preclude the Commission from
granting licenses under paragraph (1) after the deadline
specified in that sentence to applicants that qualify after
that deadline.
(b) Qualifications.--
(1) Non-interference with direct broadcast satellite
service.--A license may be granted under this section only if
operations under the license will not cause harmful
interference to direct broadcast satellite service.
(2) Acceptance of applications.--The Commission shall
accept an application for a license to operate a fixed
terrestrial service in the 12.2-12.7 GHz band if the
applicant--
(A) successfully demonstrates the terrestrial
technology it will employ under the license with
operational equipment that it furnishes, or has
furnished, for independent testing pursuant to section
1012 of the Launching Our Communities' Access to Local
Television Act of 2000 (47 U.S.C. 1110); and
(B) certifies in its application that it has
authority to use such terrestrial service technology
under the license.
(3) Clarification.--Section 1012(a) of the Launching Our
Communities' Access to Local Television Act of 2000 (47 U.S.C.
1110(a); 114 Stat. 2762A-141) is amended by inserting ``, or
files,'' after ``has filed''.
(4) PCS or cellular services.--A license granted under this
section may not be used for the provision of Personal
Communications Service or terrestrial cellular telephony
service.
(c) Prompt Commencement of Service.--In order to facilitate and
ensure the prompt deployment of service to unserved and underserved
areas and to prevent stockpiling or warehousing of spectrum by
licensees, the Commission shall require that any licensee under this
section commence service to consumers within five years of the grant of
the license under this section.
(d) Expansion of Emergency Alert System.--Each licensee under this
section shall disseminate Federal, State, and local Emergency Alert
System warnings to all subscribers of the licensee under the license
under this section.
(e) Access for Emergency Personnel.--
(1) Requirement.--Each licensee under this section shall
provide immediate access for national security and emergency
preparedness personnel to the terrestrial services covered by
the license under this section as follows:
(A) Whenever the Emergency Alert System is
activated.
(B) Otherwise at the request of the Secretary of
Homeland Security.
(2) Nature of access.--Access under paragraph (1) shall
ensure that emergency data is transmitted to the public, or
between emergency personnel, at a higher priority than any
other data transmitted by the service concerned.
(f) Additional Public Interest Obligations.--
(1) Additional obligations.--Each licensee under this
section shall--
(A) adhere to rules governing carriage of local
television station signals and rules concerning
obscenity and indecency consistent with sections 614,
615, 616, 624(d)(2), 639, 640, and 641 of the
Communications Act of 1934 (47 U.S.C. 534, 535, 536,
544(d)(2), 559, 560, and 561);
(B) make its facilities available for candidates
for public office consistent with sections 312(a)(7)
and 315 of the Communications Act of 1934 (47 U.S.C.
312(a)(7) and 315); and
(C) allocate 4 percent of its capacity for services
that promote the public interest, in addition to the
capacity utilized to fulfill the obligations required
of subparagraphs (A) and (B), such as--
(i) telemedicine;
(ii) educational programming, including
distance learning;
(iii) high speed Internet access to
unserved and underserved populations; and
(iv) specialized local data and video
services intended to facilitate public
participation in local government and community
life.
(2) License boundaries.--In order to ensure compliance with
paragraph (1), the Commission shall establish boundaries for
licenses under this section that conform to existing television
markets, as determined by the Commission for purposes of
section 652(h)(1)(C)(i) of the Communications Act of 1934 (47
U.S.C. 534(h)(1)(C)(i)).
(g) Redesignation of Multichannel Video Distribution and Data
Service.--The Commission shall redesignate the Multichannel Video
Distribution and Data Service (MVDDS) as the Terrestrial Direct
Broadcast Service (TDBS).
<all>