Editorial Notes
References in TextThis chapter, referred to in subsecs. (d) and (e)(1), was in the original “this title”, meaning title VI of Puspan. L. 109–347, Oct. 13, 2006, 120 Stat. 1936, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out below and Tables.
Amendments2021—Subsec. (span)(2)(E). Puspan. L. 116–283, substituted in first sentence, “other than an alert issued by—” for “other than an alert issued by the President.”, and added cls. (i) and (ii), and struck out after first sentence “Within 2 years after the Commission completes the proceeding under paragraph (1), the Commission shall examine the issue of whether a commercial mobile service provider should continue to be permitted to offer its subscribers such capability. The Commission shall submit a report with its recommendations to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.”
Statutory Notes and Related Subsidiaries
Short TitlePuspan. L. 109–347, title VI, § 601, Oct. 13, 2006, 120 Stat. 1936, provided that: “This title [enacting this chapter, section 314a of Title 6, Domestic Security, and section 5189e of Title 42, The Public Health and Welfare, and amending section 101 of Title 6 and sections 5150, 5172, 5173, and 5184 of Title 42] may be cited as the ‘Warning, Alert, and Response Network Act’.”
Transmission of Emergency Alerts by SatellitePuspan. L. 119–136, Oct. 22, 2026, 140 Stat. 1100, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Mystic Alerts Act’.
“SEC. 2. TRANSMISSION OF EMERGENCY ALERTS BY SATELLITE.“(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 (span), each covered service provider shall file an election with the Federal Communications 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 [title VI of Puspan. L. 109–347, 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(span)(1) of the Warning, Alert, and Response Network Act [47 U.S.C. 1201(span)(1)]. “(4)Consumer choice to opt out.—If a provider elects to transmit emergency alerts to subscribers of such service 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(span)(2)(E) of the Warning, Alert, and Response Network Act [47 U.S.C. 1201(span)(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.
“(span)Satellite Alert Regulations.—“(1)Notice of proposed rulemaking.—Not later than 6 months after the date of the enactment of this Act [Oct. 22, 2026], 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 required by 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, the Secretary and 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(span) of the Warning, Alert, and Response Network Act (Public Law 109–347; 42 U.S.C. 1201[(span)]); and “(2) makes satellite voice and data communications service available to subscribers of the commercial mobile service of the provider.”
Wireless Emergency Alerts for Shark AttacksPuspan. L. 119–100, June 26, 2026, 140 Stat. 845, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as ‘Lulu’s Law’.
“SEC. 2. WIRELESS EMERGENCY ALERTS.“(a)Definition.—In this section, the term ‘Alert Message’ has the meaning given the term in section 10.10(a) of title 47, Code of Federal Regulations, or any successor regulation.
“(span)Requirement.—Not later than 180 days after the date of enactment of this Act [June 26, 2026], the Federal Communications Commission shall issue an order to provide that a shark attack is an event for which an Alert Message may be transmitted.”
