MIDDLE CLASS TAX RELIEF AND 

JOB CREATION ACT OF 2012

TITLE VI – PUBLIC SAFETY 

COMMUNICATIONS AND 

ELECTROMAGNETIC SPECTRUM 

AUCTIONS

National Telecommunications and Information Administration

June 2012 1
MAKING GOOD ON AN OVERDUE PROMISE 

TO OUR NATION’S FIRST RESPONDERS

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• Act implements key Administration priorities

– Public Law No. 112-96 (enacted February 22, 2012)

• NTIA to establish the First Responder Network Authority 

(FirstNet)

• FirstNet to establish a nationwide public safety broadband 

network (PSBN) based on a single, national network 

architecture

• Reallocates 700 MHz D Block spectrum to public safety

– The Federal Communications Commission (FCC) to grant a single 

license to FirstNet for the use of both the 700 MHz D block and 

existing public safety broadband spectrum

• Deficit-neutral

– Funded through proceeds of spectrum auctions through FY 2022

– Network is self-sustained over long-term through fees

National Telecommunications and Information Administration

June 2012
TECHNICAL ADVISORY BOARD FOR FIRST 

RESPONDER INTEROPERABILITY

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• Act establishes an Interoperability Board within the FCC

• Not later than 90 days after enactment (May 22, 2012), 

the Interoperability Board, in consultation with NTIA, NIST, 

and OEC, shall:

– Develop minimum technical requirements to ensure a 

nationwide level of network interoperability

– Submit to the FCC for review the recommended 

minimum technical requirements -- Completed

• Not later than 30 days after the date on which the 

Interoperability Board submits recommendations to FCC 

(June 21, 2012), the FCC shall approve the 

recommendations with any revisions it deems necessary 

and transmit them to FirstNet -- Pending

National Telecommunications and Information Administration

June 2012
• Act establishes FirstNet as an independent authority 

within NTIA

– Exempt from Paperwork Reduction Act (PRA), Administrative 

Procedures Act (APA), and Regulatory Flexibility Act (RFA)

• Headed by a 15-Member Board

• Holds a single public safety 700 MHz wireless broadband 

license

• Takes all actions necessary to ensure the design, 

construction, deployment, and operations of the 

nationwide PSBN, in consultation with Federal, State, 

tribal, and local public safety entities, Director of NIST, 

the FCC, and public safety advisory committee

• Ensures deployment phases with substantial rural 

coverage milestones

“FirstNet”

FIRST RESPONDER NETWORK AUTHORITY 

4 National Telecommunications and Information Administration

June 2012
• FirstNet Board shall consist of:

– Secretary of Homeland Security

– Attorney General of United States

– Director of Office of Management and Budget

– 12 individuals to be appointed by the Secretary of 

Commerce not later than 180 days after enactment. 

– The appointments shall have:

• Not fewer than 3 individuals to represent collective 

interests of States, locals, tribes, and territories

• Not fewer than 3 individuals who have served as public 

safety professionals

– The appointments shall:

• Seek to ensure geographical and regional 

representation

• Seek to ensure rural and urban representation

BOARD

FIRSTNET

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June 2012
– Each Board member shall have at least 1 of the 

following qualifications:

• Public safety expertise – Knowledge and experience in 

Federal, State, local, and tribal public safety or 

emergency response

• Technical expertise – Technical expertise and fluency 

regarding broadband communications, including public 

safety communications

• Network expertise – Expertise in building, deploying, 

and operating commercial telecommunications 

networks

• Financial expertise – Expertise in financing and funding 

telecommunications networks

BOARD (cont.)

FIRSTNET

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June 2012
• FirstNet shall establish a standing advisory committee for 

public safety

• FirstNet may also establish, as necessary, additional 

standing or ad hoc committees, panels, or councils

PUBLIC SAFETY ADVISORY COMMITTEES

FIRSTNET

7 National Telecommunications and Information Administration

June 2012
• FirstNet must consult with regional, State, tribal, and local 

jurisdictions regarding the distribution and expenditures of 

any amounts required to carry out its responsibilities, 

including:

– Construction or access to the core network and any radio access 

network build out; 

– Placement of towers; 

– Coverage areas of the network, whether at the regional, State, tribal, or 

local levels; 

– Adequacy of hardening, security, reliability, and resiliency requirements;

– Assignment of priority to local users; 

– Assignment of priority and selection of entities seeking access to or use 

of the nationwide interoperable PSBN; and

– Training needs of local users

• FirstNet consultation must occur through the designated 

single officer or governmental body designated by each 

State

CONSULTATION

STATE AND LOCAL

8 National Telecommunications and Information Administration

June 2012
• NTIA shall establish a grant program to States

• Program shall assist State, regional, tribal, and local 

jurisdictions to identify and plan the most effective way 

to utilize and integrate the infrastructure, equipment, and 

other architecture associated with the nationwide PSBN 

• Not later than 6 months, and in consultation with 

FirstNet, NTIA must establish grant program 

requirements, including:

– Defining eligible costs

– Determining scope of eligible activities

– Prioritizing grants for activities that ensure coverage in rural as well 

as urban areas

• Each State shall certify a single officer or governmental 

body to serve as coordinator of implementation of grant 

funds

– Also serves as point for FirstNet consultation under §6206

IMPLEMENTATION GRANT PROGRAM

STATE AND LOCAL

9 National Telecommunications and Information Administration

June 2012
• NTIA has released a Request for Information (RFI) 

• Available on the NTIA website at http://www.ntia.doc.gov

http://www.ntia.doc.gov/files/ntia/publications/public_safety_rfi_0516

2012.pdf

• Responses are due by June 15, 2012 

• Comments are to be emailed to SLIGP@ntia.doc.gov

• RFI covers many topics, including: 

– Consultation Process 

– Existing Public Safety Governance and Planning Activities 

– Leveraging Existing Infrastructure 

– Grant Activities 

– Funding Allocation and Match 

– Other 

IMPLEMENTATION GRANT PROGRAM

STATE AND LOCAL

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June 2012 
• FirstNet must complete the RFP process for the 

construction, operations, maintenance, and 

improvements of the nationwide PSBN

• Upon completion of the RFP process, FirstNet will notify 

the Governor of each State (or his/her designee) of:

– Completion of the RFP process;

– Details of the proposed plan for buildout of the nationwide, 

interoperable broadband network in the State; and

– Funding levels for the State as determined by NTIA

• No later than 90 days after being notified by FirstNet, 

each Governor must choose whether his/her State will:

– Participate in the deployment of the nationwide PSBN as proposed 

by FirstNet; or

– Conduct its own deployment of a radio access network in the State

PROCESS

STATE NETWORK

11 National Telecommunications and Information Administration

June 2012
• If State decides to opt-out, the Governor must notify 

FirstNet, NTIA, and the FCC

• The State then has 180 days to develop and complete 

RFPs for the construction, maintenance, and operations 

of the radio access network (RAN) within the State

• The State shall submit an alternate plan for the 

construction, maintenance, and operations of the RAN 

within the State to the FCC and the plan must 

demonstrate:

– That the State will be in compliance with the minimum technical 

interoperability requirements

– Interoperability with the nationwide public safety broadband 

network

• FCC shall review and either approve or disapprove the 

plan

STEPS

STATE NETWORK

12 National Telecommunications and Information Administration

June 2012
• If the FCC approves the plan:

– State may apply to NTIA for a grant to construct (not operate 

and maintain) the RAN within the State

– State shall apply to NTIA to lease spectrum capacity from 

FirstNet

• In order to obtain a grant and lease, the State must 

demonstrate it has:

– Technical capability to operate, and the funding to support, the 

State radio access network;

– Ability to maintain ongoing interoperability with the nationwide 

PSBN; 

– Ability to complete the project within the specified comparable 

timelines specific to the State; 

– Cost-effectiveness of the State plan; and

– Comparable security, coverage, and quality of service to that of the 

nationwide PSBN

PLANS AND POTENTIAL GRANT

STATE NETWORK

13 National Telecommunications and Information Administration

June 2012
• If the FCC disapproves the plan:

– The construction, maintenance, operations, and improvements of 

the network within the State shall proceed in accordance with the 

plan proposed by FirstNet

– U.S. District Court for the District of Columbia has exclusive 

jurisdiction to review a decision of the FCC

• Additional State Network Items:

– If a State chooses to build its own RAN, the State shall pay any user 

fees associated with the State use of elements of the PSBN

– Matching Share Requirement: Section 6302 requires that the 

federal share of any activity carried out under that section using a 

grant may not exceed 80 percent of the eligible costs of carrying out 

that activity

– Therefore, there will be a minimum 20 percent matching 

requirement for both the State and Local planning grants and the 

State construction grants

PLANS AND POTENTIAL GRANT

STATE NETWORK

14 National Telecommunications and Information Administration

June 2012
• The Act grants NTIA borrowing authority not to exceed 

$2B to implement Subtitle B – Governance of Public 

Safety Spectrum

• The Act grants NTIA borrowing authority not to exceed 

$135M to implement Section 6302 – State and Local 

Implementation

• In each case, NTIA borrows the initial funds from the 

general fund of the Treasury prior to the deposit of auction 

proceeds into the Public Safety Trust Fund (PSTF)

NTIA BORROWING AUTHORITY

FUNDING

15 National Telecommunications and Information Administration

June 2012
• Amounts deposited in the PSTF are funds from the 

incentive auctions to be carried out by the FCC under 

47 U.S.C. § 309(j)(8)(G) or the auction of spectrum 

pursuant to Section 6401

• Funds deposited in the PSTF are available on a cascading 

order of priority:

– Repayment of amounts borrowed by NTIA - up to $2B

– Repayment of amounts borrowed by NTIA - up to $135M

– Buildout of PSBN in the amount of $7B minus amount borrowed 

initially by NTIA (Section 6207 of the $2B)

– Public Safety Research and Development - $100M

– Deficit Reduction - $20.4B

– 911, E911, and NG911 - $115M

– Additional Public Safety Research - $200M

– Any additional deficit reduction

• Note: PSTF may not be the first fund to receive auction proceeds

PUBLIC SAFETY TRUST FUND

FUNDING

16 National Telecommunications and Information Administration

June 2012
TIMELINE

17 National Telecommunications and Information Administration

June 2012

2/22/12 - Enactment of Statute 

3/23/12 - 30 days/FCC appoints Interoperability Board 

5/22/12 - 90 days/Interoperability Board submits recommendations to FCC  

6/21/12 - +30 days/FCC approves recommendations with any necessary revisions

8/20/12 - 180 days/Secretary of Commerce appoints FirstNet Board

8/22/12 - 6 months/NTIA establishes requirements for State and local planning grants

TBD - FirstNet forms Advisory Committee for Public Safety

TBD - FirstNet establishes itself with resources, develops RFIs, consults with 

designated agent for States, completes RFPs, and releases notice

TBD - States have 90 days after receipt of notice to opt-in or opt-out
QUESTIONS AND COMMENTS 

Anna M. Gomez, Deputy Assistant Secretary

National Telecommunications and Information Administration

U.S. Department of Commerce

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