SUBCHAPTER III—PUBLIC SAFETY COMMITMENTS
§1441. State and Local Implementation Fund
(a) Establishment
There is established in the Treasury of the United States a fund to be known as the State and Local Implementation Fund.
(b) Amounts available for State and Local Implementation Grant Program
Any amounts borrowed under subsection (c)(1) and any amounts in the State and Local Implementation Fund that are not necessary to reimburse the general fund of the Treasury for such borrowed amounts shall be available to the Assistant Secretary to implement
(c) Borrowing authority
(1) In general
Prior to the end of fiscal year 2022, the Assistant Secretary may borrow from the general fund of the Treasury such sums as may be necessary, but not to exceed $135,000,000, to implement
(2) Reimbursement
The Assistant Secretary shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under paragraph (1) as funds are deposited into the State and Local Implementation Fund.
(d) Transfer of unused funds
If there is a balance remaining in the State and Local Implementation Fund on September 30, 2022, the Secretary of the Treasury shall transfer such balance to the general fund of the Treasury, where such balance shall be dedicated for the sole purpose of deficit reduction.
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§1442. State and local implementation
(a) Establishment of State and Local Implementation Grant Program
The Assistant Secretary, in consultation with the First Responder Network Authority, shall take such action as is necessary to establish a grant program to make grants to States to assist State, regional, tribal, and local jurisdictions to identify, plan, and implement the most efficient and effective way for such jurisdictions to utilize and integrate the infrastructure, equipment, and other architecture associated with the nationwide public safety broadband network to satisfy the wireless communications and data services needs of that jurisdiction, including with regards to coverage, siting, and other needs.
(b) Matching requirements; Federal share
(1) In general
The Federal share of the cost of any activity carried out using a grant under this section may not exceed 80 percent of the eligible costs of carrying out that activity, as determined by the Assistant Secretary, in consultation with the First Responder Network Authority.
(2) Waiver
The Assistant Secretary may waive, in whole or in part, the requirements of paragraph (1) for good cause shown if the Assistant Secretary determines that such a waiver is in the public interest.
(c) Programmatic requirements
Not later than 6 months after February 22, 2012, the Assistant Secretary, in consultation with the First Responder Network Authority, shall establish requirements relating to the grant program to be carried out under this section, including the following:
(1) Defining eligible costs for purposes of subsection (b)(1).
(2) Determining the scope of eligible activities for grant funding under this section.
(3) Prioritizing grants for activities that ensure coverage in rural as well as urban areas.
(d) Certification and designation of officer or governmental body
In carrying out the grant program established under this section, the Assistant Secretary shall require each State to certify in its application for grant funds that the State has designated a single officer or governmental body to serve as the coordinator of implementation of the grant funds.
(e) State network
(1) Notice
Upon the completion of the request for proposal process conducted by the First Responder Network Authority for the construction, operation, maintenance, and improvement of the nationwide public safety broadband network, the First Responder Network Authority shall provide to the Governor of each State, or his designee—
(A) notice of the completion of the request for proposal process;
(B) details of the proposed plan for buildout of the nationwide, interoperable broadband network in such State; and
(C) the funding level for the State as determined by the NTIA.
(2) State decision
Not later than 90 days after the date on which the Governor of a State receives notice under paragraph (1), the Governor shall choose whether to—
(A) participate in the deployment of the nationwide, interoperable broadband network as proposed by the First Responder Network Authority; or
(B) conduct its own deployment of a radio access network in such State.
(3) Process
(A) In general
Upon making a decision to opt-out under paragraph (2)(B), the Governor shall notify the First Responder Network Authority, the NTIA, and the Commission of such decision.
(B) State request for proposals
Not later than 180 days after the date on which a Governor provides notice under subparagraph (A), the Governor shall develop and complete requests for proposals for the construction, maintenance, and operation of the radio access network within the State.
(C) Submission and approval of alternative plan
(i) In general
The State shall submit an alternative plan for the construction, maintenance, operation, and improvements of the radio access network within the State to the Commission, and such plan shall demonstrate—
(I) that the State will be in compliance with the minimum technical interoperability requirements developed under
(II) interoperability with the nationwide public safety broadband network.
(ii) Commission approval or disapproval
Upon submission of a State plan under clause (i), the Commission shall either approve or disapprove the plan.
(iii) Approval
If the Commission approves a plan under this subparagraph, the State—
(I) may apply to the NTIA for a grant to construct the radio access network within the State that includes the showing described in subparagraph (D); and
(II) shall apply to the NTIA to lease spectrum capacity from the First Responder Network Authority.
(iv) Disapproval
If the Commission disapproves a plan under this subparagraph, the construction, maintenance, operation, and improvements of the network within the State shall proceed in accordance with the plan proposed by the First Responder Network Authority.
(D) Funding requirements
In order to obtain grant funds and spectrum capacity leasing rights under subparagraph (C)(iii), a State shall demonstrate—
(i) that the State has—
(I) the technical capabilities to operate, and the funding to support, the State radio access network;
(II) has the ability to maintain ongoing interoperability with the nationwide public safety broadband network; and
(III) the ability to complete the project within specified comparable timelines specific to the State;
(ii) the cost-effectiveness of the State plan submitted under subparagraph (C)(i); and
(iii) comparable security, coverage, and quality of service to that of the nationwide public safety broadband network.
(f) User fees
If a State chooses to build its own radio access network, the State shall pay any user fees associated with State use of elements of the core network.
(g) Prohibition
(1) In general
A State that chooses to build its own radio access network shall not provide commercial service to consumers or offer wholesale leasing capacity of the network within the State except directly through public-private partnerships for construction, maintenance, operation, and improvement of the network within the State.
(2) Rule of construction
Nothing in this subsection shall be construed to prohibit the State and a secondary user from entering into a covered leasing agreement. Any revenue gained by the State from such a leasing agreement shall be used only for constructing, maintaining, operating, or improving the radio access network of the State.
(h) Judicial review
(1) In general
The United States District Court for the District of Columbia shall have exclusive jurisdiction to review a decision of the Commission made under subsection (e)(3)(C)(iv).
(2) Standard of review
The court shall affirm the decision of the Commission unless—
(A) the decision was procured by corruption, fraud, or undue means;
(B) there was actual partiality or corruption in the Commission; or
(C) the Commission was guilty of misconduct in refusing to hear evidence pertinent and material to the decision or of any other misbehavior by which the rights of any party have been prejudiced.
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§1443. Public safety wireless communications research and development
(a) NIST directed research and development program
From amounts made available from the Public Safety Trust Fund, the Director of NIST, in consultation with the Commission, the Secretary of Homeland Security, and the National Institute of Justice of the Department of Justice, as appropriate, shall conduct research and assist with the development of standards, technologies, and applications to advance wireless public safety communications.
(b) Required activities
In carrying out the requirement under subsection (a), the Director of NIST, in consultation with the First Responder Network Authority and the public safety advisory committee established under
(1) document public safety wireless communications technical requirements;
(2) accelerate the development of the capability for communications between currently deployed public safety narrowband systems and the nationwide public safety broadband network;
(3) establish a research plan, and direct research, that addresses the wireless communications needs of public safety entities beyond what can be provided by the current generation of broadband technology;
(4) accelerate the development of mission critical voice, including device-to-device "talkaround" capability over broadband networks, public safety prioritization, authentication capabilities, and standard application programing interfaces for the nationwide public safety broadband network, if necessary and practical;
(5) accelerate the development of communications technology and equipment that can facilitate the eventual migration of public safety narrowband communications to the nationwide public safety broadband network; and
(6) convene working groups of relevant government and commercial parties to achieve the requirements in paragraphs (1) through (5).
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