§ 5189e. Essential service providers

• (a) 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) 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) In implementing this section, the head of a Federal agency shall follow all applicable Federal laws, regulations, and policies.