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42 U.S.C. § 5189E

Section 5189e · Essential service providers

Current version, with additions and removals from the January 29, 2013 version.

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Current — March 23, 2018
As of January 29, 2013
(a) Definition In this section, the term “essential service provider” means an entity that— (1) provides— (A) telecommunications service; (B) electrical power; (C) natural gas; (D) water and sewer services; or (E) any other essential service, as determined by the President; (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.
(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).

(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.

(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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