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

An “essential service provider” is an entity that provides specified essential services or owns or operates a tower, has one of the listed ownership forms, and is helping respond to an emergency or major disaster. Federal agencies generally must allow such providers to reach disaster sites and restore services, unless exceptional circumstances apply.

(a) Definition. In this section, “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) another essential service the President determines; or

(B) owns or operates a tower;

(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, during an emergency or major disaster, the head of a Federal agency must, as much as practicable, not—

(1) deny or hinder an essential service provider’s access to the disaster site when the access is needed to restore or repair an essential service; or

(2) hinder restoration or repair of the services listed in subsection (a)(1).

(c) Implementation. When carrying out this section, the head of a Federal agency must follow all applicable Federal laws, regulations, and policies.

This section does not define “essential service,” “tower,” “municipal entity,” “emergency,” “major disaster,” or “exceptional circumstances.”