Subject: [NEXTEL-1] Emergency Communications and Competition Act of 2003

From: [email-masked]
Date: Fri, 23 May 2003 15:03:45 -0400

http://www.theorator.com/bills108/s564.html
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Bill
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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).

END