Preserving Home and Office Numbers in Emergencies Act of 2020
Floor Speech
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Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1289) to amend the Communications Act of 1934 to provide for a moratorium on number reassignment after a disaster declaration, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 1289
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Home and Office Numbers in Emergencies Act of 2020'' or the ``PHONE Act of 2020''. SEC. 2. MORATORIUM ON NUMBER REASSIGNMENT AFTER DISASTER DECLARATION.
(a) In General.--Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended by adding at the end the following:
``(4) Moratorium on number reassignment after disaster declaration.--
``(A) In general.--In the case of a number assigned to a subscriber for the provision of fixed wireline voice service at a location in a designated area during a covered period--
``(i) the number may not be reassigned, except at the request of the subscriber; and
``(ii) the assignment of the number may not be rescinded or otherwise modified, except at the request of the subscriber.
``(B) Extension at request of subscriber.--During the covered period, at the request of a subscriber described in subparagraph (A), the prohibition in subparagraph (A) shall be extended for the number for 1 year after the date on which the covered period expires.
``(C) Subscriber right to cancel and resubscribe.--
``(i) In general.--In the case of a number described under subparagraph (A) or (B), if the subscriber assigned to such number demonstrates to the provider of the service (or, under subclause (II), any other provider of fixed wireline voice service that serves the local area) that the residence where the number is located is inaccessible or uninhabitable--
``(I) the provider may not charge the subscriber an early termination or other fee in connection with the cancellation of such service, if cancelled during the covered period or the extension of the period described in subparagraph (B); and
``(II) if the subscriber cancels the service during the covered period or the extension of the period described in subparagraph (B), the provider (or any other provider of fixed wireline voice service that serves the local area)--
``(aa) shall permit the subscriber to subscribe or resubscribe, as the case may be, to fixed wireline voice service with the number at the residence or at a different residence (if such number is available in the location of such different residence); and
``(bb) may not charge the subscriber a connection fee or any other fee relating to the initiation of fixed wireline voice service.
``(ii) Cancellation without demonstration of inaccessibility or uninhabitability.--If a subscriber cancels the provision of service assigned to a number described in subparagraph (A) or (B) and does not demonstrate to the provider of such service that the residence where the number is located is inaccessible or uninhabitable as described under clause (i), the number is no longer subject to the prohibition under subparagraph (A) or (B).
``(D) Identification on commission website.--The Commission shall publicly identify on the website of the Commission each designated area that is in a covered period, not later than 15 days after the submission of a public designation by a State under subparagraph (E)(iii) with respect to such area. In identifying a designated area under subparagraph (E)(iii), a State shall consult with providers of fixed wireline voice service that serve such area and coordinate with the Federal Emergency Management Agency to reasonably limit the designated area to areas that have sustained covered damage.
``(E) Definitions.--In this paragraph:
``(i) Covered damage.--The term `covered damage' means, with respect to an area--
``(I) damage that renders residences in such area inaccessible or uninhabitable; or
``(II) damage that otherwise results in the displacement of subscribers from or within such area.
``(ii) Covered period.--The term `covered period' means a period that--
``(I) begins on the date of a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to a designated area; and
``(II) ends on the date that is 1 year after such date.
``(iii) Designated area.--The term `designated area' means a geographic area for which a State has submitted a public designation to the Commission, within 15 days after a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to such area, stipulating that the State has determined that--
``(I) covered damage was sustained in such area; and
``(II) the prohibitions described in this paragraph are necessary and in the public interest.
``(iv) Voice service.--The term `voice service' has the meaning given the term `voice service' in section 227(e)(8).''.
(b) Amendment of FCC Rules Required.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall amend its rules to reflect the requirements of paragraph (4) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a).
(c) Applicability.--Paragraph (4) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a), shall apply with respect to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date that is 180 days after the date on which the Commission announces that the Commission is capable of publicly identifying a designated area on the website of the Commission under subparagraph (D) of such paragraph (4).
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Mr. PALLONE. 1289.
I rise in strong support of Representative Thompson's legislation, H.R. 1289, the Preserving Home and Office Numbers in Emergencies Act of 2019, or the PHONE Act.
Mr. Speaker, after the Atlas and Tubbs fires in October 2017 in northern California, Representative Thompson's constituents returned to what was left of their homes. In the rebuilding process, many of them were frustrated to learn that their phone numbers, which they had had for years, had been given away by the phone company.
It was as if their phone number, of all things, went up in smoke with the rest of their lifelong possessions. This issue just continues to grow as natural disasters like fires and hurricanes have become all too common and more severe as a result of climate change.
So, just this past weekend, hundreds of homes in Napa and Sonoma Counties had to be evacuated because of another fast-moving fire, and this bill aims to fix the problems that relate to phone numbers during these crises.
First, if the President has issued a major disaster declaration, and a Governor has designated an area to the Federal Communications Commission under the PHONE Act, the phone numbers in that designated area cannot be reassigned for 1 year.
Second, if a consumer needs more time, this legislation allows them to get another yearlong extension. We know this is important because, in some disasters, like Superstorm Sandy in my district, for example, the home-rebuilding process took, in some cases, over 6 years.
Third, the legislation would allow consumers whose homes are inaccessible or uninhabitable to cancel their service without a cancelation fee or resubscription fee when they get phone service somewhere else in the area during that covered period.
Now, I am glad we could reach an agreement with our Republican colleagues on this part of the bill to ensure this policy makes sense in practice. This was a compromise, and, therefore, I know there are some things that they would do differently. At the same time, there are a few things that we on this side of the aisle may have done differently. But with this compromise, this policy is simple yet, I believe, powerful.
In the age of robocalls, dialing our friends and loved ones from phone numbers we have always had is how we get through. A lot of people simply will not pick up the phone if they don't recognize the phone number, and that is why this legislation is so important.
The legal effect and intent of this bill are designed purposely to be narrow, but it plugs a small gap in the law, which will mean the world to the consumers who will have one less thing to worry about as they face rebuilding in the aftermath of a devastating natural disaster.
Again, I want to thank Representatives Thompson and Rooney for their bipartisan leadership on this bill. The PHONE Act is a commonsense bill, and I urge my colleagues to support it.
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Mr. PALLONE. Mr. Speaker, once again, I yield such time as he may consume to the gentleman from California (Mr. McNerney).
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Mr. PALLONE. Mr. Speaker, I will do the same. I urge support of this legislation, and I yield back the balance of my time.
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