; and (2) each instance during the preceding year that an entity authorized to use spectrum declined to provide, to a provider of emergency connectivity service, the consent described in subsection (d)(1). (h) Rules of construction Nothing in this section may be construed to— (1) provide the Commission with new authority to regulate the terms, conditions, or rates applicable to an agreement between 2 or more parties to facilitate the provision of emergency connectivity service; (2) preclude the Commission, before it issues rules under subsection (a), from permitting the use of electromagnetic spectrum by a person that otherwise meets the requirements of this section; or (3) preclude the Commission from approving an application to provide emergency connectivity service under the rules issued under subsection (a) that proposes using spectrum in a manner that is inconsistent with the Table of Frequency Allocations. (i) Definitions In this section: (1) Alert message The term alert message has the meaning given such term in section 10.10 of title 47, Code of Federal Regulations (or any successor regulation). (2) Commercial mobile service The term commercial mobile service has the meaning given such term in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ). (3) Commission The term Commission means the Federal Communications Commission. (4) Covered device The term covered device means— (A) a mobile device; or (B) any other device that is capable of— (i) receiving alert messages; and (ii) providing emergency information to a public safety answering point (which may include enhanced 9–1–1 service). (5) Emergency connectivity service (A) In general The term emergency connectivity service means a service— (i) to which covered devices are capable of connecting— (I) without any technical capability specific to such service; and (II) regardless of whether commercial mobile service or any other service is initialized on the device