Mystic Alerts Act

This Act may be cited as the “Mystic Alerts Act”.

(a) Service provider election.—

(1) Required filing.— Not later than 60 days after the effective date of the final rule required to be issued under subsection (b), each covered service provider shall file an election with the Federal Communications Commission (in this section referred to as the Commission) with respect to whether the provider intends to transmit emergency alerts by satellite to the subscribers of the commercial mobile service of the 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 (47 U.S.C. 1201 et seq.).

(2) Notification; agreement.— If a provider elects to transmit emergency alerts to subscribers by satellite under paragraph (1), the provider shall—

(A) notify the Commission of that election; and

(B) agree to transmit such alerts in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission.

(3) 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 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 (42 U.S.C. 1201(b)(1)).

(4) Consumer choice to opt out.— If a provider elects to transmit emergency alerts to subscribers by satellite under paragraph (1), the provider shall prevent the device of any such subscriber that opts out of receiving emergency alerts pursuant to section 602(b)(2)(E) of the Warning, Alert, and Response Network Act (42 U.S.C. 1201(b)(2)(E)), or classes of such alerts, from receiving such alerts by satellite.

(5) 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.

(b) Satellite alert regulations.—

(1) 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 any requirements necessary to facilitate the satellite alerting capability of covered service providers.

(2) Requirements.— The requirements described under paragraph (1) shall—

(A) take into account the capability of—

(i) satellites to transmit emergency alerts; and

(ii) mobile devices to receive and display such alerts; and

(B) minimize the impact of emergency alerting on other voice and data communications, including 9–1–1 communications.

(3) 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).

(4) Effective date of rule.—

(A) Date.— The effective date of the final rule described under paragraph (3) shall be the later of—

(i) 36 months after publication of the final rule in the Federal Register; or

(ii) 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.

(B) 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).

(c) Limitation of liability.—

(1) 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—

(A) any act or omission related to or any harm resulting from the transmission of, or failure to transmit, an emergency alert by satellite; or

(B) the release to a government agency or entity, public safety official, fire service, law enforcement official, emergency medical service, or emergency facility of subscriber information used in connection with delivering such an alert.

(2) 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).

(d) Definitions.— In this Act:

(1) Commercial mobile service.— The term commercial mobile service has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).

(2) Covered service provider.— The term covered service provider means a provider of commercial mobile service that—

(A) voluntarily elects to transmit emergency alerts under section 602(b) of the Warning, Alert, and Response Network Act (42 U.S.C. 1201(b)); and

(B) makes satellite voice and data communications service available to subscribers of the commercial mobile service of the provider.