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47 U.S.C. § 1432 — Permanent self-funding; duty to assess and collect fees for network use
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding [section 337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section337&num=0&edition=prelim), the First Responder Network Authority is authorized to assess and collect the following fees:
(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 exp
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Source file: Laws/federal/codes/united-states-code/title-47/section-1432-permanent-self-funding-duty-to-assess-and-collect-fees-for-network-use--48096cfbe0.md
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Source location: Title 47, Chapter 13, § 1432; chapter-013-public-safety-communications-and-electromagnetic-spectrum-auctions.md
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**(a) In general** Notwithstanding [section 337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section337&num=0&edition=prelim), the First Responder Network Authority is authorized to assess and collect the following fees:
(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows:
(1) 34 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and
(2) 26 megahertz of that spectrum for commercial use to be assigned by competitive bidding pursuant to [section 309(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j&num=0&edition=prelim).
**(b) Assignment** The Commission shall commence assignment of licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998.
**(c) Licensing of unused frequencies for public safety services**
(1) **Use of unused channels for public safety services** — Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this chapter or its regulations implementing this chapter (other than its regulations regarding harmful interference) to the extent necessary to permit the use of unassigned frequencies for the provision of public safety services by such entity. An application shall be granted under this subsection if the Commission finds that—
(A) no other spectrum allocated to public safety services is immediately available to satisfy the requested public safety service use;
(B) the requested use is technically feasible without causing harmful interference to other spectrum users entitled to protection from such interference under the Commission’s regulations;
(C) the use of the unassigned frequency for the provision of public safety services is consistent
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 337
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Federal law — U.S. Code and appendices · legal_authorities
Page 441
TITLE 47—TELECOMMUNICATIONS
§ 1433
1 See References in Text note below.
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 pos-
session 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 re-
port of each audit conducted under subsection
(a) to—
(A) the appropriate committees of Con-
gress;
(B) the President; and
(C) the First Responder Network Author-
ity.
(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 Net-
work Authority;
(B) any recommendations of the inde-
pendent auditor relating to the financial op-
erations and condition of the First Re-
sponder Network Authority; and
(C) a description of any program, expendi-
ture, or other financial transaction or under-
taking of the First Responder Network Au-
thority 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 g
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1432
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