47 U.S.C. § 1429 — Audit and report

Page 440 TITLE 47—TELECOMMUNICATIONS § 1427 ‘‘this title’’, meaning title VI of Pub. L. 112–96, Feb. 22, 2012, 126 Stat. 201, to reflect the probable intent of Con- gress. Title VI enacted this chapter and section 929 of this title, amended sections 309, 337, 614, 902, 923, 928, and 942 of this title, and enacted provisions set out as a note under section 1401 of this title. § 1427. Initial funding for the First Responder Network Authority (a) Borrowing authority Prior to the deposit of proceeds into the Pub- lic Safety Trust Fund from the incentive auc- tions to be carried out under section 309(j)(8)(G) of this title or the auction of spectrum pursuant to section 1451 of this title, the NTIA may bor- row from the Treasury such sums as may be nec- essary, but not to exceed $2,000,000,000, to imple- ment this subchapter. The NTIA shall reimburse the Treasury, without interest, from funds de- posited into the Public Safety Trust Fund. (b) Prohibition (1) In general Administrative expenses of the First Re- sponder 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 Net- work Authority for oversight and audits to protect against waste, fraud, and abuse. (Pub. L. 112–96, title VI, § 6207, Feb. 22, 2012, 126 Stat. 215.) Editorial Notes REFERENCES IN TEXT Section 1451, referred to in subsec. (a), was in the original ‘‘section 6401’’ and means section 6401 of Pub. L. 112–96, which enacted section 1451 of this title and amended section 309 of this title. § 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 author- ized 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 sec- ondary 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 ‘‘cov- ered leasing agreement’’ means a written agreement resulting from a public-private arrangement to construct, manage, and op- erate the nationwide public safety broadband network between the First Re- sponder Network Authority and secondary user to permit— (i) access to network capacity on a sec- ondary basis for non-public safety services; and (ii) the spectrum allocated to such enti- ty to be used for commercial trans- missions 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, in- cluding antennas or towers, constructed or otherwise owned by the First Responder Net- work Authority resulting from a public-pri- vate 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 suf- ficient, and shall not exceed the amount nec- essary, 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 pub- lic safety interoperable broadband network by using such funds only for constructing, main- taining, operating, or improving the network. (Pub. L. 112–96, title VI, § 6208, Feb. 22, 2012, 126 Stat. 215.) § 1429. Audit and report (a) Audit (1) In general The Secretary of Commerce shall enter into a contract with an independent auditor to con- duct an audit, on an annual basis, of the First Responder Network Authority in accordance with general accounting principles and proce- dures applicable to commercial corporate transactions. Each audit conducted under this paragraph shall be made available to the ap- propriate 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 Au- thority are normally kept. (3) Access to First Responder Network Author- ity 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, 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 general Not later than 1 year after February 22, 2012, and each year thereafter, the First Responder Network Authority shall submit an annual re- port 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 ap- propriate. (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 com- mittees 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. (Pub. L. 112–96, title VI, § 6210, Feb. 22, 2012, 126 Stat. 217.) Editorial Notes REFERENCES IN TEXT Section 1429 of this title, referred to in subsec. (c)(2), was in the original a reference to section 6210 of Pub. L. 112–96, this section, and was translated as if it had been a reference to section 6209 of Pub. L. 112–96, which is classified to section 1429 of this title, to reflect the probable intent of Congress. Section 6210 does not re- late to audits. § 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 commer- cial 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 other- wise 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 commer- cial telecommunications service directly to consumers (a) In general The First Responder Network Authority shall not offer, provide, or market commercial tele- communications or information services di- rectly 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 cov- ered leasing agreement pursuant to section 1428(a)(2)(B) of this title. Nothing in this section shall be construed to limit the First Responder Network Authority from collecting lease fees re- lated to network equipment and infrastructure pursuant to section 1428(a)(3) of this title. (Pub. L. 112–96, title VI, § 6212, Feb. 22, 2012, 126 Stat. 218.) § 1433. Provision of technical assistance The Commission may provide technical assist- ance to the First Responder Network Authority and may take any action necessary to assist the