47 U.S.C. § 1442 — State and local implementation

Page 442 TITLE 47—TELECOMMUNICATIONS § 1441 First Responder Network Authority in effec- tuating its duties and responsibilities under this subchapter. (Pub. L. 112–96, title VI, § 6213, Feb. 22, 2012, 126 Stat. 218.) SUBCHAPTER III—PUBLIC SAFETY COMMITMENTS § 1441. State and Local Implementation Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the State and Local Implementation Fund. (b) Amounts available for State and Local Imple- mentation Grant Program Any amounts borrowed under subsection (c)(1) and any amounts in the State and Local Imple- mentation Fund that are not necessary to reim- burse the general fund of the Treasury for such borrowed amounts shall be available to the As- sistant Secretary to implement section 1442 of this title. (c) Borrowing authority (1) In general Prior to the end of fiscal year 2022, the As- sistant Secretary may borrow from the gen- eral fund of the Treasury such sums as may be necessary, but not to exceed $135,000,000, to im- plement section 1442 of this title. (2) Reimbursement The Assistant Secretary shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under paragraph (1) as funds are deposited into the State and Local Implementation Fund. (d) Transfer of unused funds If there is a balance remaining in the State and Local Implementation Fund on September 30, 2022, the Secretary of the Treasury shall transfer such balance to the general fund of the Treasury, where such balance shall be dedicated for the sole purpose of deficit reduction. (Pub. L. 112–96, title VI, § 6301, Feb. 22, 2012, 126 Stat. 218.) § 1442. State and local implementation (a) Establishment of State and Local Implemen- tation Grant Program The Assistant Secretary, in consultation with the First Responder Network Authority, shall take such action as is necessary to establish a grant program to make grants to States to as- sist State, regional, tribal, and local jurisdic- tions to identify, plan, and implement the most efficient and effective way for such jurisdictions to utilize and integrate the infrastructure, equipment, and other architecture associated with the nationwide public safety broadband network to satisfy the wireless communications and data services needs of that jurisdiction, in- cluding with regards to coverage, siting, and other needs. (b) Matching requirements; Federal share (1) In general The Federal share of the cost of any activity carried out using a grant under this section may not exceed 80 percent of the eligible costs of carrying out that activity, as determined by the Assistant Secretary, in consultation with the First Responder Network Authority. (2) Waiver The Assistant Secretary may waive, in whole or in part, the requirements of para- graph (1) for good cause shown if the Assistant Secretary determines that such a waiver is in the public interest. (c) Programmatic requirements Not later than 6 months after February 22, 2012, the Assistant Secretary, in consultation with the First Responder Network Authority, shall establish requirements relating to the grant program to be carried out under this sec- tion, including the following: (1) Defining eligible costs for purposes of subsection (b)(1). (2) Determining the scope of eligible activi- ties for grant funding under this section. (3) Prioritizing grants for activities that en- sure coverage in rural as well as urban areas. (d) Certification and designation of officer or governmental body In carrying out the grant program established under this section, the Assistant Secretary shall require each State to certify in its application for grant funds that the State has designated a single officer or governmental body to serve as the coordinator of implementation of the grant funds. (e) State network (1) Notice Upon the completion of the request for pro- posal process conducted by the First Re- sponder Network Authority for the construc- tion, operation, maintenance, and improve- ment of the nationwide public safety broadband network, the First Responder Net- work Authority shall provide to the Governor of each State, or his designee— (A) notice of the completion of the request for proposal process; (B) details of the proposed plan for build- out of the nationwide, interoperable broadband network in such State; and (C) the funding level for the State as deter- mined by the NTIA. (2) State decision Not later than 90 days after the date on which the Governor of a State receives notice under paragraph (1), the Governor shall choose whether to— (A) participate in the deployment of the nationwide, interoperable broadband net- work as proposed by the First Responder Network Authority; or (B) conduct its own deployment of a radio access network in such State. (3) Process (A) In general Upon making a decision to opt-out under paragraph (2)(B), the Governor shall notify the First Responder Network Authority, the NTIA, and the Commission of such decision. 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