§1201 Federal Communications Commission Duties

Summary

The Federal Communications Commission must write technical rules so mobile phone companies can send emergency alerts. It has 180 days after the advisory committee sends recommendations to finish those rules, and it must talk with the National Institute of Standards and Technology while doing that. Within 120 days after those rules are set, the FCC must let mobile carriers choose to send alerts, require carriers that choose not to send alerts to give clear notice at the point of sale and tell current customers, and set a process for carriers to file their choice within 30 days after the FCC order. Carriers that choose to send alerts must tell the FCC, follow the technical rules, and cannot charge extra for sending alerts. The FCC must also set ways for carriers to stop sending alerts without penalty after informing customers, to start sending alerts later than the deadline, and to let customers cancel service without fees if a carrier stops sending alerts. Carriers may let users block some alerts, except alerts from the President or the Administrator of FEMA. The FCC must require technical testing of carriers and the equipment they use. Within 90 days after the FCC adopts the technical rules, the FCC must require public and noncommercial TV stations to install equipment on digital TV transmitters so mobile carriers that chose to send alerts can target alerts by location. The FCC can enforce these rules but cannot make other new rules under this law beyond what is listed. A carrier (and its officers, directors, employees, vendors, and agents) that follows the law is not liable for harms from sending or failing to send alerts or for sharing subscriber info with government or emergency agencies to deliver alerts. Choosing not to send alerts, or later withdrawing that choice, by itself does not create liability.