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47 U.S.C. § 1432 — Prohibition on direct offering of commer-

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1432 — Prohibition on direct offering of commer-

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

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Source file: Laws/federal/codes/united-states-code-2024/title-47/section-1432-prohibition-on-direct-offering-of-commer--a9fdd65579.md
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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

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1432 — Permanent self-funding; duty to assess and collect fees for network use

**(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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