Mystic Alerts Act

(a) Service provider election.

(1) Required filing. Each Not provider later of than commercial 60 mobile days service after that the voluntarily effective elects date to transmit emergency alerts under section 602(b) of the Warning, final Alert, rule and required Response to Network be Act issued (Public under Law subsection 109–347; (b), 42 each U.S.C. covered 1201) service provider shall file an election with the Federal Communications Commission with respect to whether the provider intends to also transmit such emergency alerts by satellite to the subscribers or users 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 . (2) Notification; agreement. If a provider described under paragraph (1) elects to transmit emergency alerts to subscribers or users by satellite , under paragraph (1), the provider shall—

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(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 and described users in of such the paragraph commercial mobile service of the provider 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. (4) Consumer choice to opt out. If a provider of commercial mobile service described under paragraph (1) elects to transmit emergency alerts to subscribers and of users such service by satellite , under paragraph (1), the provider shall prevent the device of any such subscriber or user that opts out of receiving emergency alerts pursuant to section 602(b)(2)(E) of the Warning, Alert, and Response Network Act, 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 relevant any technical requirements standards, necessary protocols, to procedures, facilitate interoperability the requirements, satellite and alerting other capability technical of requirements covered necessary service to providers. enable (2) satellite Requirements. alerting The capability requirements for required providers by of paragraph commercial (1) mobile shall— service (A) that take voluntarily into elect account the capability of— (i) satellites to transmit emergency alerts , ; including and standards (ii) for mobile training devices to receive and display such providers alerts; and (B) minimize the impact of emergency alerting on enabling other such voice capability and data communications, including 9–1–1 communications . ( 2 3 ) Final rule. Not later than 12 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 , the Secretary and requirements the Administrator shall notify the Commission of such implementation. (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, 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) Covered service provider. In this Act, covered service provider means a provider of commercial mobile service that— (1) voluntarily elects to transmit emergency alerts under section 602(b) of the Warning, Alert, and Response Network Act (Public Law 109–347; 42 U.S.C. 1201); and (2) makes satellite voice and data communications service available to subscribers of the commercial mobile service of the provider.