47 U.S.C. § 1422 — Public safety broadband network

Page 434 TITLE 47—TELECOMMUNICATIONS § 1404 is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 1404. National security restrictions on use of funds and auction participation (a) Use of funds No funds made available by subchapter II or III may be used to make payments under a con- tract to a person described in subsection (c). (b) Auction participation A person described in subsection (c) may not participate in a system of competitive bidding under section 309(j) of this title— (1) that is required to be conducted by this chapter; or (2) in which any spectrum usage rights for which licenses are being assigned were made available under clause (i) of subparagraph (G) of paragraph (8) of such section, as added by section 6402. (c) Person described A person described in this subsection is a per- son who has been, for reasons of national secu- rity, barred by any agency of the Federal Gov- ernment from bidding on a contract, partici- pating in an auction, or receiving a grant. (Pub. L. 112–96, title VI, § 6004, Feb. 22, 2012, 126 Stat. 205.) Editorial Notes REFERENCES IN TEXT Section 6402, referred to in subsec. (b)(2), is section 6402 of Pub. L. 112–96, which amended section 309 of this title. SUBCHAPTER I—REALLOCATION OF PUBLIC SAFETY SPECTRUM § 1411. Reallocation of D block to public safety (a) In general The Commission shall reallocate the 700 MHz D block spectrum for use by public safety enti- ties in accordance with the provisions of this chapter. (b) Omitted (Pub. L. 112–96, title VI, § 6101, Feb. 22, 2012, 126 Stat. 205.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, and was translated as reading ‘‘this title’’, meaning title VI of Pub. L. 112–96, Feb. 22, 2012, 126 Stat. 201, to reflect the probable intent of Congress. 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. CODIFICATION Section is comprised of section 6101 of Pub. L. 112–96. Subsec. (b) of section 6101 of Pub. L. 112–96 amended section 337 of this title. § 1412. Flexible use of narrowband spectrum The Commission may allow the narrowband spectrum to be used in a flexible manner, includ- ing usage for public safety broadband commu- nications, subject to such technical and inter- ference protection measures as the Commission may require. (Pub. L. 112–96, title VI, § 6102, Feb. 22, 2012, 126 Stat. 205.) § 1413. Repealed. Pub. L. 116–260, div. FF, title IX, § 902(b)(1), Dec. 27, 2020, 134 Stat. 3206 Section, Pub. L. 112–96, title VI, § 6103, Feb. 22, 2012, 126 Stat. 205, related to 470–512 MHz public safety spec- trum. SUBCHAPTER II—GOVERNANCE OF PUBLIC SAFETY SPECTRUM § 1421. Single public safety wireless network li- censee (a) Reallocation and grant of license Notwithstanding any other provision of law, and subject to the provisions of this chapter, the Commission shall reallocate and grant a license to the First Responder Network Authority for the use of the 700 MHz D block spectrum and ex- isting public safety broadband spectrum. (b) Term of license (1) Initial license The license granted under subsection (a) shall be for an initial term of 10 years from the date of the initial issuance of the license. (2) Renewal of license Prior to expiration of the term of the initial license granted under subsection (a) or the ex- piration of any subsequent renewal of such li- cense, the First Responder Network Authority shall submit to the Commission an application for the renewal of such license. Such renewal application shall demonstrate that, during the preceding license term, the First Responder Network Authority has met the duties and ob- ligations set forth under this chapter. A re- newal license granted under this paragraph shall be for a term of not to exceed 10 years. (c) Facilitation of transition The Commission shall take all actions nec- essary to facilitate the transition of the existing public safety broadband spectrum to the First Responder Network Authority. (Pub. L. 112–96, title VI, § 6201, Feb. 22, 2012, 126 Stat. 206.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(2), was in the original ‘‘this Act’’, and was translated as read- ing ‘‘this title’’, meaning title VI of Pub. L. 112–96, Feb. 22, 2012, 126 Stat. 201, to reflect the probable intent of Congress. 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. § 1422. Public safety broadband network (a) Establishment The First Responder Network Authority shall ensure the establishment of a nationwide, inter- operable public safety broadband network. Page 435 TITLE 47—TELECOMMUNICATIONS § 1423 (b) Network components The nationwide public safety broadband net- work shall be based on a single, national net- work architecture that evolves with techno- logical 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, an- tennas, and backhaul equipment, based on commercial standards, that are required to enable wireless communications with de- vices using the public safety broadband spec- trum; and (B) shall be developed, constructed, man- aged, maintained, and operated taking into account the plans developed in the State, local, and tribal planning and implementa- tion 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 There is established within the Commission an advisory board to be known as the ‘‘Technical Advisory Board for First Responder Interoper- ability’’. (b) Membership (1) In general (A) Voting members Not later than 30 days after February 22, 2012, the Chairman of the Commission shall appoint 14 voting members to the Interoper- ability 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 representa- tive 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 em- ployees 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 exper- tise necessary to developing technical re- quirements under this section, such as technical expertise, public safety commu- nications expertise, and commercial net- work experience. (B) Non-voting member The Assistant Secretary shall appoint 1 non-voting member to the Interoperability Board. (2) Period of appointment (A) In general Except as provided in subparagraph (B), members of the Interoperability Board shall be appointed for the life of the Interoper- ability Board. (B) Removal for cause A member of the Interoperability Board may be removed for cause upon the deter- mination of the Chairman of the Commis- sion. (3) Vacancies Any vacancy in the Interoperability Board shall not affect the powers of the Interoper- ability Board, and shall be filled in the same manner as the original appointment. (4) Chairperson and Vice Chairperson The Interoperability Board shall select a Chairperson and Vice Chairperson from among the members of the Interoperability Board. (5) Quorum A majority of the members of the Interoper- ability Board shall constitute a quorum. (c) Duties of the Interoperability Board (1) Development of technical requirements Not later than 90 days after February 22, 2012, the Interoperability Board, in consulta- tion with the NTIA, NIST, and the Office of Emergency Communications of the Depart- ment of Homeland Security, shall— (A) develop recommended minimum tech- nical 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) rec- ommended minimum technical requirements described in subparagraph (A). (2) Consideration In developing recommended minimum tech- nical requirements under paragraph (1), the Interoperability Board shall base the rec- ommended minimum technical requirements on the commercial standards for Long Term Evolution (LTE) service. (3) Approval of recommendations (A) In general Not later than 30 days after the date on which the Interoperability Board submits recommended minimum technical require- ments under paragraph (1)(B), the Commis- sion shall approve the recommendations, with any revisions it deems necessary, and transmit such recommendations to the First Responder Network Authority. (B) Review Any actions taken under subparagraph (A) shall not be reviewable as a final agency ac- tion.