Sec. 2. Network resiliency cooperative requirements

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Title VII of the Communications Act of 1934 ( 47 U.S.C. 601 et seq.) is amended by adding at the end the following: Not later than 1 year after the date of the enactment of this section, the Commission, in consultation with the Secretary of Homeland Security, shall conduct a proceeding and, after public notice and an opportunity for comment, adopt rules to provide for coordination among providers of advanced communications service during times of emergency. In issuing the rules required by paragraph (1), the Commission shall require that, where technically feasible— providers of wireless advanced communications service have in place reasonable roaming and peering agreements for times of emergency, which can be employed without additional negotiation, as necessary; and providers of advanced communications service have in place reasonable arrangements for the provision of mutual aid for times of emergency, as necessary.

Not later than 1 year after the date of the enactment of this section, the Commission shall, after public notice and an opportunity for comment, adopt rules designed to improve coordination for times of emergency between providers of advanced communications service and public safety answering points and covered public safety entities. In issuing the rules required by paragraph (1), the Commission shall— make changes to the Disaster Information Reporting System to facilitate the participation in such System by all providers of advanced communications service; require providers of advanced communications service to participate in the Disaster Information Reporting System during times of emergency; ensure information collected through the Disaster Information Reporting System is made available to public safety answering points and covered public safety entities in those areas where the Disaster Information Reporting System is activated in an easily accessible format that— facilitates the provision of such information as soon as possible, in light of efforts to remedy network disruption and restore services, with reasonably sufficient granularity and speed to help such public safety answering points and covered public safety entities understand the timing, nature, and scope of reported disruptions to the provision of advanced communications service during times of emergency, including disruptions to the provision of such service to public safety answering points or covered public safety entities; reflects the status of operations of and disruptions affecting the individual reporting provider’s network during times of emergency and does not reflect the continued provision of advanced communications service using roaming and peering arrangements; and allows such information to be accessed through a secure internet website; and ensure that providers of advanced communications service are not held liable for outage reports based upon reasonable efforts to identify accurately any such outages as soon as reasonably practicable during times of emergency that may later be determined to have contained inaccurate information.

In issuing the rules required by paragraph (1), the Commission shall ensure that— the information described in paragraph (2)(C) is secured against access by any person not authorized to access such information and that persons authorized to access such information are trained in reasonable security measures to protect such information; such information will be used by public safety answering points and covered public safety entities exclusively for the purpose of responding to public safety concerns during times of emergency, and that public safety answering points and covered public safety entities will be required to notify the Commission and affected providers of advanced communications service as soon as reasonably practicable in the event of any breach or other unauthorized use; and the public continues to have access to the information published by the Commission on its websites in times of emergency in a manner that is at least as accessible to the public as before the date of the enactment of this section.

Not later than 1 year after the date of the enactment of this section, the Commission, in consultation with the Secretary of Energy, shall, after public notice and an opportunity for comment, establish a master point-of-contact directory to provide for effective communication between providers of advanced communications service, tower owner or operators, and public safety answering points, covered public safety entities, and utilities. In establishing the directory under paragraph (1), the Commission shall ensure that— the directory established under paragraph

(1)is secured against access by any person not authorized to access such directory information and that persons authorized to access such information are trained in reasonable security measures to protect such information; such information is updated by the Commission no less frequently than quarterly; and such information will be used by public safety answering points and covered public safety entities exclusively for the purpose of responding to public safety concerns, and that public safety answering points and covered public safety entities will be required to notify the Commission and affected providers of advanced communications service, tower owner or operators, and utilities as soon as reasonably practicable in the event of any breach or other unauthorized use. Not later than the date that is 4 years after the date of the enactment of this section, and every 3 years thereafter, the Commission shall, after public notice and an opportunity for comment, evaluate whether the rules adopted and directory established under this section, coupled with any other actions that the Commission has taken regarding network resiliency, are substantially improving the resiliency of advanced communications services in times of emergency. If the Commission finds in an evaluation under paragraph

(1)that the rules issued pursuant to this section and the directory established under this section, coupled with any other actions that the Commission has taken regarding network resiliency, are not substantially improving the resiliency of advanced communications services, the Commission shall seek comment and consider amending such rules and directory to take additional action that may be necessary and within its jurisdiction to help ensure those rules more efficiently promote the resiliency of advanced communications services in times of emergency. Information collected under this section shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). In this section: The term advanced communications service has the meaning given such term in section 3 and has the meaning given to the term advanced telecommunications capability in section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 ), but such term shall not include the network of the First Responder Network Authority established by section 6204 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1424 ). The term Disaster Information Reporting System means the system described in the public notice released by the Commission on September 11, 2007 (DA 07–3871). The term utility has the meaning given to the term distribution utility in section 217 of the Federal Power Act ( 16 U.S.C. 824q ). The term public safety answering point has the meaning given such term in section 222. The term covered public safety entity is an entity responsible for emergency management functions during times of emergency that is expressly authorized by the Federal Emergency Management Agency or Governor of a State as eligible to access outage information pursuant to subsections

(b)and (c). The term roaming means the ability of a subscriber of wireless advanced communications service to originate or terminate a call, to continue an in-progress call, or to transmit or receive data, using the facilities of a provider of wireless advanced communications service different than the one with whom the subscriber has a direct preexisting service or financial relationship. The term time of emergency means— the time period of an emergency (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )); the time period that the Federal Communications Commission activates the Disaster Information Reporting System; or the time period of an emergency as declared by the Governor of a State. The term tower owner or operator has the meaning given to such term in section 427 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5189e ). The term resiliency means the ability to withstand and recover rapidly from disruptions. Resiliency includes the ability to withstand and recover from deliberate attacks, accidents, or naturally occurring threats or incidents. .

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Sec. 2

Network resiliency cooperative requirements

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