47 U.S.C. § 1423 — Public safety Interoperability Board

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. Page 436 TITLE 47—TELECOMMUNICATIONS § 1424 (d) Travel expenses The members of the Interoperability Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the per- formance of services for the Interoperability Board. (e) Exemption from chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the Interoperability Board. (f) Termination of authority The Interoperability Board shall terminate 15 days after the date on which the Commission transmits the recommendations to the First Re- sponder Network Authority under subsection (c)(3)(A). (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.) Editorial Notes AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘FACA’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. § 1424. Establishment of the First Responder Net- work Authority (a) Establishment There is established as an independent author- ity within the NTIA the ‘‘First Responder Net- work Authority’’ or ‘‘FirstNet’’. (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 Manage- ment and Budget; and (D) 12 individuals appointed by the Sec- retary 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 re- gional representation of the United States in such appointments; (iii) seek to ensure rural and urban rep- resentation in such appointments; and (iv) appoint not fewer than 3 individuals who have served as public safety profes- sionals. (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 Knowledge and experience in the use of Federal, State, local, or tribal public safety or emergency response. (II) Technical expertise Technical expertise and fluency re- garding broadband communications, in- cluding public safety communications. (III) Network expertise Expertise in building, deploying, and operating commercial telecommuni- cations networks. (IV) Financial expertise Expertise in financing and funding telecommunications networks. (ii) Expertise to be represented In making appointments under para- graph (1)(D), the Secretary of Commerce shall appoint— (I) not fewer than 1 individual who sat- isfies the requirement under subclause (II) of clause (i); (II) not fewer than 1 individual who satisfies the requirement under sub- clause (III) of clause (i); and (III) not fewer than 1 individual who satisfies the requirement under sub- clause (IV) of clause (i). (C) Citizenship No individual other than a citizen of the United States may serve as a member of the Board. (c) Terms of appointment (1) Initial appointment deadline Members of the Board shall be appointed not later than 180 days after February 22, 2012. (2) Terms (A) Length (i) In general Each member of the Board described in subparagraphs (A) through (C) of sub- section (b)(1) shall serve as a member of the Board for the life of the First Re- sponder Network Authority. (ii) Appointed individuals The term of office of each individual ap- pointed to be a member of the Board under subsection (b)(1)(D) shall be 3 years. No member described in this clause may serve more than 2 consecutive full 3-year terms. (B) Expiration of term Any member whose term has expired may serve until such member’s successor has taken office, or until the end of the calendar year in which such member’s term has ex- pired, whichever is earlier. (C) Appointment to fill vacancy Any member appointed to fill a vacancy occurring prior to the expiration of the term for which that member’s predecessor was ap- pointed shall be appointed for the remainder of the predecessor’s term. (D) Staggered terms With respect to the initial members of the Board appointed under subsection (b)(1)(D)—