Us Code § 5189e - Essential service providers
Full text of Us Code United States Code § 5189e — Essential service providers, with citation guidance and answers to common questions.
§ 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
In implementing this section, the head of a Federal agency shall follow all applicable Federal laws, regulations, and policies.
(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
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).
About This Section
42 U.S.C. § 5189e is part of Title 42 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 42 U.S.C. § 5189e. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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