42 U.S.C. § 5189e — Essential service providers

FEDERAL · 42 U.S.C. · Chapter 68

Essential service providers

Current through Pub. L. 119-102

Title 42 — The Public Health and Welfare·Ch. 68 — DISASTER RELIEF·Subch. IV

(a)Definition In this section, the term "essential service provider" means an entity that—

(1)(A) provides

(i)wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service;

(ii)electrical power;

(iii)natural gas;

(iv)water and sewer services; or

(v)any other essential service, as determined by the President; or

(B)is a tower owner or operator;

(2)is—

(A)a municipal entity;

(B)a nonprofit entity; or

(C)a private, for profit entity; and

(3)is contributing to efforts to respond to an emergency or major disaster.

(b)Authorization for accessibility Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Federal agency, to the greatest extent practicable, shall no

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(a) Definition
In this section, the term "essential service provider" means an entity that—
(1)(A) provides
(i) wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service;
(ii) electrical power;
(iii) natural gas;
(iv) water and sewer services; or
(v) any other essential service, as determined by the President; or
(B) is a tower owner or operator;
(2) is—
(A) a municipal entity;
(B) a nonprofit entity; or
(C) a private, for profit entity; and
(3) is contributing to efforts to respond to an emergency or major disaster.
(b) Authorization for accessibility
Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Federal agency, to the greatest extent practicable, shall not—
(1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service; or
(2) impede the restoration or repair of the services described in subsection (a)(1).
(c) Implementation
In implementing this section, the head of a Federal agency shall follow all applicable Federal laws, regulations, and policies.

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Source Credit

History

(Pub. L. 93–288, title IV, §427, formerly §425, as added Pub. L. 109–347, title VI, §607, Oct. 13, 2006, 120 Stat. 1941; renumbered §427, Pub. L. 113–2, div. B, §1102(1), Jan. 29, 2013, 127 Stat. 39; amended Pub. L. 115–141, div. P, title III, §302, Mar. 23, 2018, 132 Stat. 1087.)

Editorial Notes

Editorial Notes

Amendments
2018—Subsec. (a)(1). Pub. L. 115–141 designated existing provisions as subpar. (A), redesignated former subpars. (A) to (E) as cls. (i) to (v), respectively, of subpar. (A), substituted "wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service" for "telecommunications service" in cl. (i), and added subpar. (B).