Page:United States Statutes at Large Volume 120.djvu/1969

 120 STAT. 1938

PUBLIC LAW 109–347—OCT. 13, 2006

(c) DIGITAL TELEVISION TRANSMISSION TOWERS RETRANSMISSION CAPABILITY.—Within 90 days after the date on which the Commission adopts relevant technical standards based on recommendations of the Commercial Mobile Service Alert Advisory Committee, established pursuant to section 603(a), the Commission shall complete a proceeding to require licensees and permittees of noncommercial educational broadcast stations or public broadcast stations (as those terms are defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))) to install necessary equipment and technologies on, or as part of, any broadcast television digital signal transmitter to enable the distribution of geographically targeted alerts by commercial mobile service providers that have elected to transmit emergency alerts under this section. (d) FCC REGULATION OF COMPLIANCE.—The Federal Communications Commission may enforce compliance with this title but shall have no rulemaking authority under this title, except as provided in subsections (a), (b), (c), and (f). (e) LIMITATION OF LIABILITY.— (1) IN GENERAL.—Any commercial mobile service provider (including its officers, directors, employees, vendors, and agents) that transmits emergency alerts and meets its obligations under this title 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; or (B) the release to a government agency or entity, public safety, 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.—The election by a commercial mobile service provider under subsection (b)(2)(A) not to transmit emergency alerts, or to withdraw its election to transmit such alerts under subsection (b)(2)(D) shall not, by itself, provide a basis for liability against the provider (including its officers, directors, employees, vendors, and agents). (f) TESTING.—The Commission shall require by regulation technical testing for commercial mobile service providers that elect to transmit emergency alerts and for the devices and equipment used by such providers for transmitting such alerts.

Deadline.

Regulations.

47 USC 1202. Deadline.

VerDate 14-DEC-2004

SEC. 603. COMMERCIAL MOBILE SERVICE ALERT ADVISORY COMMITTEE.

(a) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this Act, the chairman of the Federal Communications Commission shall establish an advisory committee, to be known as the Commercial Mobile Service Alert Advisory Committee (referred to in this section as the ‘‘Advisory Committee’’). (b) MEMBERSHIP.—The chairman of the Federal Communications Commission shall appoint the members of the Advisory Committee, as soon as practicable after the date of enactment of this Act, from the following groups: (1) STATE AND LOCAL GOVERNMENT REPRESENTATIVES.— Representatives of State and local governments and representatives of emergency response providers, selected from among

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