SUBCHAPTER II—GOVERNANCE OF PUBLIC SAFETY SPECTRUM
§1421. Single public safety wireless network licensee
(a) Reallocation and grant of license
Notwithstanding any other provision of law, and subject to the provisions of this chapter, the Commission shall reallocate and grant a license to the First Responder Network Authority for the use of the 700 MHz D block spectrum and existing public safety broadband spectrum.
(b) Term of license
(1) Initial license
The license granted under subsection (a) shall be for an initial term of 10 years from the date of the initial issuance of the license.
(2) Renewal of license
Prior to expiration of the term of the initial license granted under subsection (a) or the expiration of any subsequent renewal of such license, the First Responder Network Authority shall submit to the Commission an application for the renewal of such license. Such renewal application shall demonstrate that, during the preceding license term, the First Responder Network Authority has met the duties and obligations set forth under this chapter. A renewal license granted under this paragraph shall be for a term of not to exceed 10 years.
(c) Facilitation of transition
The Commission shall take all actions necessary to facilitate the transition of the existing public safety broadband spectrum to the First Responder Network Authority.
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Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b)(2), was in the original "this Act", and was translated as reading "this title", meaning title VI of
§1422. Public safety broadband network
(a) Establishment
The First Responder Network Authority shall ensure the establishment of a nationwide, interoperable public safety broadband network.
(b) Network components
The nationwide public safety broadband network shall be based on a single, national network architecture that evolves with technological advancements and initially consists of—
(1) a core network that—
(A) consists of national and regional data centers, and other elements and functions that may be distributed geographically, all of which shall be based on commercial standards; and
(B) provides the connectivity between—
(i) the radio access network; and
(ii) the public Internet or the public switched network, or both; and
(2) a radio access network that—
(A) consists of all cell site equipment, antennas, and backhaul equipment, based on commercial standards, that are required to enable wireless communications with devices using the public safety broadband spectrum; and
(B) shall be developed, constructed, managed, maintained, and operated taking into account the plans developed in the State, local, and tribal planning and implementation grant program under
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§1423. Public safety Interoperability Board
(a) Establishment
There is established within the Commission an advisory board to be known as the "Technical Advisory Board for First Responder Interoperability".
(b) Membership
(1) In general
(A) Voting members
Not later than 30 days after February 22, 2012, the Chairman of the Commission shall appoint 14 voting members to the Interoperability Board, of which—
(i) 4 members shall be representatives of wireless providers, of which—
(I) 2 members shall be representatives of national wireless providers;
(II) 1 member shall be a representative of regional wireless providers; and
(III) 1 member shall be a representative of rural wireless providers;
(ii) 3 members shall be representatives of equipment manufacturers;
(iii) 4 members shall be representatives of public safety entities, of which—
(I) not less than 1 member shall be a representative of management level employees of public safety entities; and
(II) not less than 1 member shall be a representative of employees of public safety entities;
(iv) 3 members shall be representatives of State and local governments, chosen to reflect geographic and population density differences across the United States; and
(v) all members shall have specific expertise necessary to developing technical requirements under this section, such as technical expertise, public safety communications expertise, and commercial network experience.
(B) Non-voting member
The Assistant Secretary shall appoint 1 non-voting member to the Interoperability Board.
(2) Period of appointment
(A) In general
Except as provided in subparagraph (B), members of the Interoperability Board shall be appointed for the life of the Interoperability Board.
(B) Removal for cause
A member of the Interoperability Board may be removed for cause upon the determination of the Chairman of the Commission.
(3) Vacancies
Any vacancy in the Interoperability Board shall not affect the powers of the Interoperability Board, and shall be filled in the same manner as the original appointment.
(4) Chairperson and Vice Chairperson
The Interoperability Board shall select a Chairperson and Vice Chairperson from among the members of the Interoperability Board.
(5) Quorum
A majority of the members of the Interoperability Board shall constitute a quorum.
(c) Duties of the Interoperability Board
(1) Development of technical requirements
Not later than 90 days after February 22, 2012, the Interoperability Board, in consultation with the NTIA, NIST, and the Office of Emergency Communications of the Department of Homeland Security, shall—
(A) develop recommended minimum technical requirements to ensure a nationwide level of interoperability for the nationwide public safety broadband network; and
(B) submit to the Commission for review in accordance with paragraph (3) recommended minimum technical requirements described in subparagraph (A).
(2) Consideration
In developing recommended minimum technical requirements under paragraph (1), the Interoperability Board shall base the recommended minimum technical requirements on the commercial standards for Long Term Evolution (LTE) service.
(3) Approval of recommendations
(A) In general
Not later than 30 days after the date on which the Interoperability Board submits recommended minimum technical requirements under paragraph (1)(B), the Commission shall approve the recommendations, with any revisions it deems necessary, and transmit such recommendations to the First Responder Network Authority.
(B) Review
Any actions taken under subparagraph (A) shall not be reviewable as a final agency action.
(d) Travel expenses
The members of the Interoperability Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of
(e) Exemption from chapter 10 of title 5
(f) Termination of authority
The Interoperability Board shall terminate 15 days after the date on which the Commission transmits the recommendations to the First Responder Network Authority under subsection (c)(3)(A).
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Editorial Notes
Amendments
2022—Subsec. (e).
§1424. Establishment of the First Responder Network Authority
(a) Establishment
There is established as an independent authority within the NTIA the "First Responder Network Authority" or "FirstNet".
(b) Board
(1) In general
The First Responder Network Authority shall be headed by a Board, which shall consist of—
(A) the Secretary of Homeland Security;
(B) the Attorney General of the United States;
(C) the Director of the Office of Management and Budget; and
(D) 12 individuals appointed by the Secretary of Commerce in accordance with paragraph (2).
(2) Appointments
(A) In general
In making appointments under paragraph (1)(D), the Secretary of Commerce shall—
(i) appoint not fewer than 3 individuals to represent the collective interests of the States, localities, tribes, and territories;
(ii) seek to ensure geographic and regional representation of the United States in such appointments;
(iii) seek to ensure rural and urban representation in such appointments; and
(iv) appoint not fewer than 3 individuals who have served as public safety professionals.
(B) Required qualifications
(i) In general
Each member appointed under paragraph (1)(D) should meet not less than 1 of the following criteria:
(I) Public safety experience
Knowledge and experience in the use of Federal, State, local, or tribal public safety or emergency response.
(II) Technical expertise
Technical expertise and fluency regarding broadband communications, including public safety communications.
(III) Network expertise
Expertise in building, deploying, and operating commercial telecommunications networks.
(IV) Financial expertise
Expertise in financing and funding telecommunications networks.
(ii) Expertise to be represented
In making appointments under paragraph (1)(D), the Secretary of Commerce shall appoint—
(I) not fewer than 1 individual who satisfies the requirement under subclause (II) of clause (i);
(II) not fewer than 1 individual who satisfies the requirement under subclause (III) of clause (i); and
(III) not fewer than 1 individual who satisfies the requirement under subclause (IV) of clause (i).
(C) Citizenship
No individual other than a citizen of the United States may serve as a member of the Board.
(c) Terms of appointment
(1) Initial appointment deadline
Members of the Board shall be appointed not later than 180 days after February 22, 2012.
(2) Terms
(A) Length
(i) In general
Each member of the Board described in subparagraphs (A) through (C) of subsection (b)(1) shall serve as a member of the Board for the life of the First Responder Network Authority.
(ii) Appointed individuals
The term of office of each individual appointed to be a member of the Board under subsection (b)(1)(D) shall be 3 years. No member described in this clause may serve more than 2 consecutive full 3-year terms.
(B) Expiration of term
Any member whose term has expired may serve until such member's successor has taken office, or until the end of the calendar year in which such member's term has expired, whichever is earlier.
(C) Appointment to fill vacancy
Any member appointed to fill a vacancy occurring prior to the expiration of the term for which that member's predecessor was appointed shall be appointed for the remainder of the predecessor's term.
(D) Staggered terms
With respect to the initial members of the Board appointed under subsection (b)(1)(D)—
(i) 4 members shall serve for a term of 3 years;
(ii) 4 members shall serve for a term of 2 years; and
(iii) 4 members shall serve for a term of 1 year.
(3) Vacancies
A vacancy in the membership of the Board shall not affect the Board's powers, and shall be filled in the same manner as the original member was appointed.
(d) Chair
(1) Selection
The Secretary of Commerce shall select, from among the members of the Board appointed under subsection (b)(1)(D), an individual to serve for a 2-year term as Chair of the Board.
(2) Consecutive terms
An individual may not serve for more than 2 consecutive terms as Chair of the Board.
(e) Meetings
(1) Frequency
The Board shall meet—
(A) at the call of the Chair; and
(B) not less frequently than once each quarter.
(2) Transparency
Meetings of the Board, including any committee of the Board, shall be open to the public. The Board may, by majority vote, close any such meeting only for the time necessary to preserve the confidentiality of commercial or financial information that is privileged or confidential, to discuss personnel matters, or to discuss legal matters affecting the First Responder Network Authority, including pending or potential litigation.
(f) Quorum
Eight members of the Board shall constitute a quorum, including at least 6 of the members appointed under subsection (b)(1)(D).
(g) Compensation
(1) In general
The members of the Board appointed under subsection (b)(1)(D) shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such members are engaged in performing a function of the Board.
(2) Prohibition on compensation
A member of the Board appointed under subparagraphs (A) through (C) of subsection (b)(1) shall serve without additional pay, and shall not otherwise benefit, directly or indirectly, as a result of their service to the First Responder Network Authority, but shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of
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Editorial Notes
References in Text
Level IV of the Executive Schedule, referred to in subsec. (g)(1), is set out under
§1425. Advisory committees of the First Responder Network Authority
(a) Advisory committees
The First Responder Network Authority—
(1) shall establish a standing public safety advisory committee to assist the First Responder Network Authority in carrying out its duties and responsibilities under this subchapter; and
(2) may establish additional standing or ad hoc committees, panels, or councils as the First Responder Network Authority determines are necessary.
(b) Selection of agents, consultants, and experts
(1) In general
The First Responder Network Authority shall select parties to serve as its agents, consultants, or experts in a fair, transparent, and objective manner, and such agents may include a program manager to carry out certain of the duties and responsibilities of deploying and operating the nationwide public safety broadband network described in subsections (b) and (c) of
(2) Binding and final
If the selection of an agent, consultant, or expert satisfies the requirements under paragraph (1), the selection of that agent, consultant, or expert shall be final and binding.
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§1426. Powers, duties, and responsibilities of the First Responder Network Authority
(a) General powers
The First Responder Network Authority shall have the authority to do the following:
(1) To exercise, through the actions of its Board, all powers specifically granted by the provisions of this subchapter, and such incidental powers as shall be necessary.
(2) To hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the First Responder Network Authority considers necessary to carry out its responsibilities and duties.
(3) To obtain grants and funds from and make contracts with individuals, private companies, organizations, institutions, and Federal, State, regional, and local agencies.
(4) To accept, hold, administer, and utilize gifts, donations, and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the First Responder Network Authority.
(5) To spend funds under paragraph (3) in a manner authorized by the Board, but only for purposes that will advance or enhance public safety communications consistent with this chapter.
(6) To take such other actions as the First Responder Network Authority (through the Board) may from time to time determine necessary, appropriate, or advisable to accomplish the purposes of this chapter.
(b) Duty and responsibility to deploy and operate a nationwide public safety broadband network
(1) In general
The First Responder Network Authority shall hold the single public safety wireless license granted under
(A) ensuring nationwide standards for use and access of the network;
(B) issuing open, transparent, and competitive requests for proposals to private sector entities for the purposes of building, operating, and maintaining the network that use, without materially changing, the minimum technical requirements developed under
(C) encouraging that such requests leverage, to the maximum extent economically desirable, existing commercial wireless infrastructure to speed deployment of the network; and
(D) managing and overseeing the implementation and execution of contracts or agreements with non-Federal entities to build, operate, and maintain the network.
(2) Requirements
In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the First Responder Network Authority shall—
(A) ensure the safety, security, and resiliency of the network, including requirements for protecting and monitoring the network to protect against cyberattack;
(B) promote competition in the equipment market, including devices for public safety communications, by requiring that equipment for use on the network be—
(i) built to open, non-proprietary, commercially available standards;
(ii) capable of being used by any public safety entity and by multiple vendors across all public safety broadband networks operating in the 700 MHz band; and
(iii) backward-compatible with existing commercial networks to the extent that such capabilities are necessary and technically and economically reasonable;
(C) promote integration of the network with public safety answering points or their equivalent; and
(D) address special considerations for areas or regions with unique homeland security or national security needs.
(3) Rural coverage
In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the nationwide, interoperable public safety broadband network, consistent with the license granted under
(4) Execution of authority
In carrying out the duties and responsibilities of this subsection, the First Responder Network Authority may—
(A) obtain grants from and make contracts with individuals, private companies, and Federal, State, regional, and local agencies;
(B) hire or accept voluntary services of consultants, experts, advisory boards, and panels to aid the First Responder Network Authority in carrying out such duties and responsibilities;
(C) receive payment for use of—
(i) network capacity licensed to the First Responder Network Authority; and
(ii) network infrastructure constructed, owned, or operated by the First Responder Network Authority; and
(D) take such other actions as may be necessary to accomplish the purposes set forth in this subsection.
(c) Other specific duties and responsibilities
(1) Establishment of network policies
In carrying out the requirements under subsection (b), the First Responder Network Authority shall develop—
(A) requests for proposals with appropriate—
(i) timetables for construction, including by taking into consideration the time needed to build out to rural areas and the advantages offered through partnerships with existing commercial providers under paragraph (3);
(ii) coverage areas, including coverage in rural and nonurban areas;
(iii) service levels;
(iv) performance criteria; and
(v) other similar matters for the construction and deployment of such network;
(B) the technical and operational requirements of the network;
(C) practices, procedures, and standards for the management and operation of such network;
(D) terms of service for the use of such network, including billing practices; and
(E) ongoing compliance review and monitoring of the—
(i) management and operation of such network;
(ii) practices and procedures of the entities operating on and the personnel using such network; and
(iii) necessary training needs of network operators and users.
(2) State and local planning
(A) Required consultation
In developing requests for proposals and otherwise carrying out its responsibilities under this chapter, the First Responder Network Authority shall consult with regional, State, tribal, and local jurisdictions regarding the distribution and expenditure of any amounts required to carry out the policies established under paragraph (1), including with regard to the—
(i) construction of a core network and any radio access network build out;
(ii) placement of towers;
(iii) coverage areas of the network, whether at the regional, State, tribal, or local level;
(iv) adequacy of hardening, security, reliability, and resiliency requirements;
(v) assignment of priority to local users;
(vi) assignment of priority and selection of entities seeking access to or use of the nationwide public safety interoperable broadband network established under subsection (b); and
(vii) training needs of local users.
(B) Method of consultation
The consultation required under subparagraph (A) shall occur between the First Responder Network Authority and the single officer or governmental body designated under
(3) Leveraging existing infrastructure
In carrying out the requirement under subsection (b), the First Responder Network Authority shall enter into agreements to utilize, to the maximum extent economically desirable, existing—
(A) commercial or other communications infrastructure; and
(B) Federal, State, tribal, or local infrastructure.
(4) Maintenance and upgrades
The First Responder Network Authority shall ensure the maintenance, operation, and improvement of the nationwide public safety broadband network, including by ensuring that the First Responder Network Authority updates and revises any policies established under paragraph (1) to take into account new and evolving technologies.
(5) Roaming agreements
The First Responder Network Authority shall negotiate and enter into, as it determines appropriate, roaming agreements with commercial network providers to allow the nationwide public safety broadband network to roam onto commercial networks and gain prioritization of public safety communications over such networks in times of an emergency.
(6) Network infrastructure and device criteria
The Director of NIST, in consultation with the First Responder Network Authority and the Commission, shall ensure the development of a list of certified devices and components meeting appropriate protocols and standards for public safety entities and commercial vendors to adhere to, if such entities or vendors seek to have access to, use of, or compatibility with the nationwide public safety broadband network.
(7) Representation before standard setting entities
The First Responder Network Authority, in consultation with the Director of NIST, the Commission, and the public safety advisory committee established under
(8) Prohibition on negotiation with foreign governments
The First Responder Network Authority shall not have the authority to negotiate or enter into any agreements with a foreign government on behalf of the United States.
(d) Exemption from certain laws
Any action taken or decisions made by the First Responder Network Authority shall be exempt from the requirements of—
(1)
(2)
(3)
(e) Network Construction Fund
(1) Establishment
There is established in the Treasury of the United States a fund to be known as the "Network Construction Fund".
(2) Use of Fund
Amounts deposited into the Network Construction Fund shall be used by the—
(A) First Responder Network Authority to carry out this section, except for administrative expenses; and
(B) NTIA to make grants to States under
(f) Termination of Authority
The authority of the First Responder Network Authority shall terminate on the date that is 15 years after February 22, 2012.
(g) GAO report
Not later than 10 years after February 22, 2012, the Comptroller General of the United States shall submit to Congress a report on what action Congress should take regarding the 15-year sunset of authority under subsection (f).
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Editorial Notes
References in Text
This chapter, referred to in subsec. (c)(2)(A), was in the original "this Act", and was translated as reading "this title", meaning title VI of
§1427. Initial funding for the First Responder Network Authority
(a) Borrowing authority
Prior to the deposit of proceeds into the Public Safety Trust Fund from the incentive auctions to be carried out under
(b) Prohibition
(1) In general
Administrative expenses of the First Responder Network Authority may not exceed $100,000,000 during the 10-year period beginning on February 22, 2012.
(2) Definition
For purposes of this subsection, the term "administrative expenses" does not include the costs incurred by the First Responder Network Authority for oversight and audits to protect against waste, fraud, and abuse.
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Editorial Notes
References in Text
Section 1451, referred to in subsec. (a), was in the original "section 6401" and means section 6401 of
§1428. Permanent self-funding; duty to assess and collect fees for network use
(a) In general
Notwithstanding
(1) Network user fee
A user or subscription fee from each entity, including any public safety entity or secondary user, that seeks access to or use of the nationwide public safety broadband network.
(2) Lease fees related to network capacity
(A) In general
A fee from any entity that seeks to enter into a covered leasing agreement.
(B) Covered leasing agreement
For purposes of subparagraph (A), a "covered leasing agreement" means a written agreement resulting from a public-private arrangement to construct, manage, and operate the nationwide public safety broadband network between the First Responder Network Authority and secondary user to permit—
(i) access to network capacity on a secondary basis for non-public safety services; and
(ii) the spectrum allocated to such entity to be used for commercial transmissions along the dark fiber of the long-haul network of such entity.
(3) Lease fees related to network equipment and infrastructure
A fee from any entity that seeks access to or use of any equipment or infrastructure, including antennas or towers, constructed or otherwise owned by the First Responder Network Authority resulting from a public-private arrangement to construct, manage, and operate the nationwide public safety broadband network.
(b) Establishment of fee amounts; permanent self-funding
The total amount of the fees assessed for each fiscal year pursuant to this section shall be sufficient, and shall not exceed the amount necessary, to recoup the total expenses of the First Responder Network Authority in carrying out its duties and responsibilities described under this subchapter for the fiscal year involved.
(c) Annual approval
The NTIA shall review the fees assessed under this section on an annual basis, and such fees may only be assessed if approved by the NTIA.
(d) Required reinvestment of funds
The First Responder Network Authority shall reinvest amounts received from the assessment of fees under this section in the nationwide public safety interoperable broadband network by using such funds only for constructing, maintaining, operating, or improving the network.
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§1429. Audit and report
(a) Audit
(1) In general
The Secretary of Commerce shall enter into a contract with an independent auditor to conduct an audit, on an annual basis, of the First Responder Network Authority in accordance with general accounting principles and procedures applicable to commercial corporate transactions. Each audit conducted under this paragraph shall be made available to the appropriate committees of Congress.
(2) Location
Any audit conducted under paragraph (1) shall be conducted at the place or places where accounts of the First Responder Network Authority are normally kept.
(3) Access to First Responder Network Authority books and documents
(A) In general
For purposes of an audit conducted under paragraph (1), the representatives of the independent auditor shall—
(i) have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the First Responder Network Authority that pertain to the financial transactions of the First Responder Network Authority and are necessary to facilitate the audit; and
(ii) be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.
(B) Requirement
All books, accounts, records, reports, files, papers, and property of the First Responder Network Authority shall remain in the possession and custody of the First Responder Network Authority.
(b) Report
(1) In general
The independent auditor selected to conduct an audit under this section shall submit a report of each audit conducted under subsection (a) to—
(A) the appropriate committees of Congress;
(B) the President; and
(C) the First Responder Network Authority.
(2) Contents
Each report submitted under paragraph (1) shall contain—
(A) such comments and information as the independent auditor determines necessary to inform Congress of the financial operations and condition of the First Responder Network Authority;
(B) any recommendations of the independent auditor relating to the financial operations and condition of the First Responder Network Authority; and
(C) a description of any program, expenditure, or other financial transaction or undertaking of the First Responder Network Authority that was observed during the course of the audit, which, in the opinion of the independent auditor, has been carried on or made without the authority of law.
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§1430. Annual report to Congress
(a) In general
Not later than 1 year after February 22, 2012, and each year thereafter, the First Responder Network Authority shall submit an annual report covering the preceding fiscal year to the appropriate committees of Congress.
(b) Required content
The report required under subsection (a) shall include—
(1) a comprehensive and detailed report of the operations, activities, financial condition, and accomplishments of the First Responder Network Authority under this section; and
(2) such recommendations or proposals for legislative or administrative action as the First Responder Network Authority deems appropriate.
(c) Availability to testify
The members of the Board and employees of the First Responder Network Authority shall be available to testify before the appropriate committees of the Congress with respect to—
(1) the report required under subsection (a);
(2) the report of any audit conducted under section 1429 1 of this title; or
(3) any other matter which such committees may determine appropriate.
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Editorial Notes
References in Text
1 See References in Text note below.
§1431. Public safety roaming and priority access
The Commission may adopt rules, if necessary in the public interest, to improve the ability of public safety networks to roam onto commercial networks and to gain priority access to commercial networks in an emergency if—
(1) the public safety entity equipment is technically compatible with the commercial network;
(2) the commercial network is reasonably compensated; and
(3) such access does not preempt or otherwise terminate or degrade all existing voice conversations or data sessions.
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§1432. Prohibition on direct offering of commercial telecommunications service directly to consumers
(a) In general
The First Responder Network Authority shall not offer, provide, or market commercial telecommunications or information services directly to consumers.
(b) Rule of construction
Nothing in this section shall be construed to prohibit the First Responder Network Authority and a secondary user from entering into a covered leasing agreement pursuant to
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§1433. Provision of technical assistance
The Commission may provide technical assistance to the First Responder Network Authority and may take any action necessary to assist the First Responder Network Authority in effectuating its duties and responsibilities under this subchapter.
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