42 USC 5189e - Essential service providers

U.S Code last checked for updates: May 18, 2024

§ 5189e.

Essential service providers

(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

(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.)

cite as: 42 USC 5189e