Collapse to view only § 1429. Audit and report
- § 1421. Single public safety wireless network licensee
- § 1422. Public safety broadband network
- § 1423. Public safety Interoperability Board
- § 1424. Establishment of the First Responder Network Authority
- § 1425. Advisory committees of the First Responder Network Authority
- § 1426. Powers, duties, and responsibilities of the First Responder Network Authority
- § 1427. Initial funding for the First Responder Network Authority
- § 1428. Permanent self-funding; duty to assess and collect fees for network use
- § 1429. Audit and report
- § 1430. Annual report to Congress
- § 1431. Public safety roaming and priority access
- § 1432. Prohibition on direct offering of commercial telecommunications service directly to consumers
- § 1433. Provision of technical assistance
§ 1421. Single public safety wireless network licensee
(a) Reallocation and grant of license
(b) Term of license
(1) Initial license
(2) Renewal of license
(c) Facilitation of transition
(Pub. L. 112–96, title VI, § 6201, Feb. 22, 2012, 126 Stat. 206.)
§ 1422. Public safety broadband network
(a) Establishment
(b) Network componentsThe 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 section 1442(a) of this title.
(Pub. L. 112–96, title VI, § 6202, Feb. 22, 2012, 126 Stat. 206.)
§ 1423. Public safety Interoperability Board
(a) Establishment
(b) Membership
(1) In general
(A) Voting membersNot 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
(2) Period of appointment
(A) In general
(B) Removal for cause
(3) Vacancies
(4) Chairperson and Vice Chairperson
(5) Quorum
(c) Duties of the Interoperability Board
(1) Development of technical requirementsNot later than 90 days after
(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
(3) Approval of recommendations
(A) In general
(B) Review
(d) Travel expenses
(e) Exemption from chapter 10 of title 5
(f) Termination of authority
(Pub. L. 112–96, title VI, § 6203, Feb. 22, 2012, 126 Stat. 207; Pub. L. 117–286, § 4(a)(301), Dec. 27, 2022, 136 Stat. 4339.)
§ 1424. Establishment of the First Responder Network Authority
(a) Establishment
(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(II) Technical expertise(III) Network expertise(IV) Financial expertise(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
(c) Terms of appointment
(1) Initial appointment deadline
(2) Terms
(A) Length
(i) In general
(ii) Appointed individuals
(B) Expiration of term
(C) Appointment to fill vacancy
(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
(d) Chair
(1) Selection
(2) Consecutive terms
(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
(f) Quorum
(g) Compensation
(1) In general
(2) Prohibition on compensation
(Pub. L. 112–96, title VI, § 6204, Feb. 22, 2012, 126 Stat. 208.)
§ 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
(2) Binding and final
(Pub. L. 112–96, title VI, § 6205, Feb. 22, 2012, 126 Stat. 211.)
§ 1426. Powers, duties, and responsibilities of the First Responder Network Authority
(a) General powersThe 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 generalThe First Responder Network Authority shall hold the single public safety wireless license granted under section 1421 of this title and take all actions necessary to ensure the building, deployment, and operation of the nationwide public safety broadband network, in consultation with Federal, State, tribal, and local public safety entities, the Director of NIST, the Commission, and the public safety advisory committee established in section 1425(a) of this title, including by, at a minimum—
(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 section 1423 of this title;
(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) RequirementsIn 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
(4) Execution of authorityIn 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 policiesIn 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 consultationIn 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
(3) Leveraging existing infrastructureIn 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
(5) Roaming agreements
(6) Network infrastructure and device criteria
(7) Representation before standard setting entities
(8) Prohibition on negotiation with foreign governments
(d) Exemption from certain lawsAny action taken or decisions made by the First Responder Network Authority shall be exempt from the requirements of—
(1)section 3506 of title 44 (commonly referred to as the Paperwork Reduction Act);
(2) chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act); and
(3) chapter 6 of title 5 (commonly referred to as the Regulatory Flexibility Act).
(e) Network Construction Fund
(1) Establishment
(2) Use of FundAmounts 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 section 1442(e)(3)(C)(iii)(I) of this title.
(f) Termination of Authority
(g) GAO report
(Pub. L. 112–96, title VI, § 6206, Feb. 22, 2012, 126 Stat. 211.)
§ 1427. Initial funding for the First Responder Network Authority
(a) Borrowing authority
(b) Prohibition
(1) In general
(2) Definition
(Pub. L. 112–96, title VI, § 6207, Feb. 22, 2012, 126 Stat. 215.)
§ 1428. Permanent self-funding; duty to assess and collect fees for network use
(a) In general
Notwithstanding section 337 of this title, the First Responder Network Authority is authorized to assess and collect the following fees:
(1) Network user fee
(2) Lease fees related to network capacity
(A) In general
(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
(b) Establishment of fee amounts; permanent self-funding
(c) Annual approval
(d) Required reinvestment of funds
(Pub. L. 112–96, title VI, § 6208, Feb. 22, 2012, 126 Stat. 215.)
§ 1429. Audit and report
(a) Audit
(1) In general
(2) Location
(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
(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.
(Pub. L. 112–96, title VI, § 6209, Feb. 22, 2012, 126 Stat. 216.)
§ 1430. Annual report to Congress
(a) In general
(b) Required span
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
1 See References in Text note below.
of this title; or(3) any other matter which such committees may determine appropriate.
(Pub. L. 112–96, title VI, § 6210, Feb. 22, 2012, 126 Stat. 217.)
§ 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.
(Pub. L. 112–96, title VI, § 6211, Feb. 22, 2012, 126 Stat. 218.)
§ 1432. Prohibition on direct offering of commercial telecommunications service directly to consumers
(a) In general
(b) Rule of construction
(Pub. L. 112–96, title VI, § 6212, Feb. 22, 2012, 126 Stat. 218.)
§ 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.
(Pub. L. 112–96, title VI, § 6213, Feb. 22, 2012, 126 Stat. 218.)