47 U.S.C. § 1443 — Public safety wireless communications re-

Page 443 TITLE 47—TELECOMMUNICATIONS § 1443 (B) State request for proposals Not later than 180 days after the date on which a Governor provides notice under sub- paragraph (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 dem- onstrate— (I) that the State will be in compliance with the minimum technical interoper- ability requirements developed under section 1423 of this title; and (II) interoperability with the nation- wide public safety broadband network. (ii) Commission approval or disapproval Upon submission of a State plan under clause (i), the Commission shall either ap- prove 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 show- ing described in subparagraph (D); and (II) shall apply to the NTIA to lease spectrum capacity from the First Re- sponder Network Authority. (iv) Disapproval If the Commission disapproves a plan under this subparagraph, the construction, maintenance, operation, and improve- ments 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 spec- trum capacity leasing rights under subpara- graph (C)(iii), a State shall demonstrate— (i) that the State has— (I) the technical capabilities to oper- ate, and the funding to support, the State radio access network; (II) has the ability to maintain ongo- ing 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 asso- ciated 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 ex- cept directly through public-private partner- ships for construction, maintenance, oper- ation, and improvement of the network within the State. (2) Rule of construction Nothing in this subsection shall be con- strued 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 Dis- trict of Columbia shall have exclusive jurisdic- tion 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 corrup- tion, fraud, or undue means; (B) there was actual partiality or corrup- tion in the Commission; or (C) the Commission was guilty of mis- conduct in refusing to hear evidence perti- nent and material to the decision or of any other misbehavior by which the rights of any party have been prejudiced. (Pub. L. 112–96, title VI, § 6302, Feb. 22, 2012, 126 Stat. 219.) § 1443. Public safety wireless communications re- search and development (a) NIST directed research and development pro- gram From amounts made available from the Public Safety Trust Fund, the Director of NIST, in con- sultation with the Commission, the Secretary of Homeland Security, and the National Institute of Justice of the Department of Justice, as ap- propriate, 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 sub- section (a), the Director of NIST, in consulta- tion with the First Responder Network Author- ity and the public safety advisory committee es- tablished under section 1425(a) of this title, shall— (1) document public safety wireless commu- nications technical requirements; (2) accelerate the development of the capa- bility for communications between currently Page 444 TITLE 47—TELECOMMUNICATIONS § 1451 deployed public safety narrowband systems and the nationwide public safety broadband network; (3) establish a research plan, and direct re- search, that addresses the wireless commu- nications needs of public safety entities be- yond what can be provided by the current gen- eration of broadband technology; (4) accelerate the development of mission critical voice, including device-to-device ‘‘talkaround’’ capability over broadband net- works, public safety prioritization, authen- tication capabilities, and standard application programing interfaces for the nationwide pub- lic safety broadband network, if necessary and practical; (5) accelerate the development of commu- nications technology and equipment that can facilitate the eventual migration of public safety narrowband communications to the na- tionwide public safety broadband network; and (6) convene working groups of relevant gov- ernment and commercial parties to achieve the requirements in paragraphs (1) through (5). (Pub. L. 112–96, title VI, § 6303, Feb. 22, 2012, 126 Stat. 221.) SUBCHAPTER IV—SPECTRUM AUCTION AUTHORITY § 1451. Deadlines for auction of certain spectrum (a) Clearing certain Federal spectrum (1) In general The President shall— (A) not later than 3 years after February 22, 2012, begin the process of withdrawing or modifying the assignment to a Federal Gov- ernment station of the electromagnetic spectrum described in paragraph (2); and (B) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modi- fication is complete. (2) Spectrum described The electromagnetic spectrum described in this paragraph is the 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz identified under paragraph (3). (3) Identification by Secretary of Commerce Not later than 1 year after February 22, 2012, the Secretary of Commerce shall submit to the President a report identifying 15 mega- hertz of spectrum between 1675 megahertz and 1710 megahertz for reallocation from Federal use to non-Federal use. (b) Reallocation and auction (1) In general Notwithstanding paragraph (15)(A) of section 309(j) of this title, not later than 3 years after February 22, 2012, the Commission shall, ex- cept as provided in paragraph (4)— (A) allocate the spectrum described in paragraph (2) for commercial use; and (B) through a system of competitive bid- ding under such section, grant new initial li- censes for the use of such spectrum, subject to flexible-use service rules. (2) Spectrum described The spectrum described in this paragraph is the following: (A) The frequencies between 1915 mega- hertz and 1920 megahertz. (B) The frequencies between 1995 mega- hertz and 2000 megahertz. (C) The frequencies described in subsection (a)(2). (D) The frequencies between 2155 mega- hertz and 2180 megahertz. (E) Fifteen megahertz of contiguous spec- trum to be identified by the Commission. (3) Proceeds to cover 110 percent of Federal re- location or sharing costs Nothing in paragraph (1) shall be construed to relieve the Commission from the require- ments of section 309(j)(16)(B) of this title. (4) Determination by Commission If the Commission determines that the band of frequencies described in paragraph (2)(A) or the band of frequencies described in paragraph (2)(B) cannot be used without causing harmful interference to commercial mobile service li- censees in the frequencies between 1930 mega- hertz and 1995 megahertz, the Commission may not— (A) allocate such band for commercial use under paragraph (1)(A); or (B) grant licenses under paragraph (1)(B) for the use of such band. (c) Omitted (Pub. L. 112–96, title VI, § 6401, Feb. 22, 2012, 126 Stat. 222.) Editorial Notes CODIFICATION Section is comprised of section 6401 of Pub. L. 112–96. Subsec. (c) of section 6401 of Pub. L. 112–96 amended section 309 of this title. § 1452. Special requirements for incentive auc- tion of broadcast TV spectrum (a) Reverse auction to identify incentive amount (1) In general The Commission shall conduct a reverse auc- tion to determine the amount of compensation that each broadcast television licensee would accept in return for voluntarily relinquishing some or all of its broadcast television spec- trum usage rights in order to make spectrum available for assignment through a system of competitive bidding under subparagraph (G) of section 309(j)(8) of this title. (2) Eligible relinquishments A relinquishment of usage rights for pur- poses of paragraph (1) shall include the fol- lowing: (A) Relinquishing all usage rights with re- spect to a particular television channel without receiving in return any usage rights with respect to another television channel. (B) Relinquishing all usage rights with re- spect to an ultra high frequency television channel in return for receiving usage rights with respect to a very high frequency tele- vision channel.