dreamproit/uscode huggingface dataset:
47 U.S.C. § 1403 (TELECOMMUNICATIONS)
§ 1403. Enforcement
(a) In general
The Commission shall implement and enforce this chapter as if this chapter is a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.). A violation of this chapter, or a regulation promulgated under this chapter, shall be considered to be a violation of the Communications Act of 1934, or a regulation promulgated under such Act, respectively.
(b) Exceptions
(1) Other agencies
Subsection (a) does not apply in the case of a provision of this chapter that is expressly required to be carried out by an agency (as defined in section 551 of title 5) other than the Commission.
(2) NTIA regulations
The Assistant Secretary may promulgate such regulations as are necessary to implement and enforce any provision of this chapter that is expressly required to be carried out by the Assistant Secretary.
(Pub. L. 112–96, title VI, § 6003, Feb. 22, 2012, 126 Stat. 204.)
heading: References in Text
text: The Communications Act of 1934, referred to in subsec. (a), is act June 19, 1934, ch. 652, 48 Stat. 1064, which 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.
47 U.S.C. § 1404 (TELECOMMUNICATIONS)
§ 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 contract 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 person who has been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant.
(Pub. L. 112–96, title VI, § 6004, Feb. 22, 2012, 126 Stat. 205.)
heading: References in Text
text: Section 6402, referred to in subsec. (b)(2), is section 6402 of Pub. L. 112–96, which amended section 309 of this title.
47 U.S.C. § 1411 (TELECOMMUNICATIONS)
§ 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 entities in accordance with the provisions of this chapter.
(b) Omitted
(Pub. L. 112–96, title VI, § 6101, Feb. 22, 2012, 126 Stat. 205.)
heading: References in Text
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.
heading: Codification
text: 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.
47 U.S.C. § 1412 (TELECOMMUNICATIONS)
§ 1412. Flexible use of narrowband spectrum
The Commission may allow the narrowband spectrum to be used in a flexible manner, including usage for public safety broadband communications, subject to such technical and interference protection measures as the Commission may require.
(Pub. L. 112–96, title VI, § 6102, Feb. 22, 2012, 126 Stat. 205.)
47 U.S.C. § 1413 (TELECOMMUNICATIONS)
§ 1413. 470–512 MHz public safety spectrum.
(a) In general
Not later than 9 years after February 22, 2012, the Commission shall—
(1) reallocate the spectrum in the 470–512 MHz band (referred to in this section as the “T-Band spectrum”) currently used by public safety eligibles as identified in section 90.303 of title 47, Code of Federal Regulations; and
(2) begin a system of competitive bidding under section 309(j) of this title to grant new initial licenses for the use of the spectrum described in paragraph (1).
(b) Auction proceeds
Proceeds (including deposits and upfront payments from successful bidders) from the competitive bidding system described in subsection (a)(2) shall be available to the Assistant Secretary to make grants in such sums as necessary to cover relocation costs for the relocation of public safety entities from the T-Band spectrum.
(c) Relocation
Relocation shall be completed not later than 2 years after the date on which the system of competitive bidding described in subsection (a)(2) is completed.
(Pub. L. 112–96, title VI, § 6103, Feb. 22, 2012, 126 Stat. 205.)
47 U.S.C. § 1421 (TELECOMMUNICATIONS)
§ 1421. Single public safety wireless network licensee
(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 existing 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 expiration of any subsequent renewal of such license, 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 obligations set forth under this chapter. A renewal 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 necessary 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.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(2), 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.
47 U.S.C. § 1422 (TELECOMMUNICATIONS)
§ 1422. Public safety broadband network
(a) Establishment
The First Responder Network Authority shall ensure the establishment of a nationwide, interoperable public safety broadband network.
(b) Network components
The nationwide public safety broadband network shall be based on a single, national network architecture that evolves with technological 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, antennas, and backhaul equipment, based on commercial standards, that are required to enable wireless communications with devices using the public safety broadband spectrum; and
(B) shall be developed, constructed, managed, maintained, and operated taking into account the plans developed in the State, local, and tribal planning and implementation grant program under section 1442(a) of this title.
(Pub. L. 112–96, title VI, § 6202, Feb. 22, 2012, 126 Stat. 206.)
47 U.S.C. § 1425 (TELECOMMUNICATIONS)
§ 1425. Advisory committees of the First Responder Network Authority
(a) Advisory committees
The First Responder Network Authority—
(1) shall establish a standing public safety advisory committee to assist the First Responder Network Authority in carrying out its duties and responsibilities under this subchapter; and
(2) may establish additional standing or ad hoc committees, panels, or councils as the First Responder Network Authority determines are necessary.
(b) Selection of agents, consultants, and experts
(1) In general
The First Responder Network Authority shall select parties to serve as its agents, consultants, or experts in a fair, transparent, and objective manner, and such agents may include a program manager to carry out certain of the duties and responsibilities of deploying and operating the nationwide public safety broadband network described in subsections (b) and (c) of section 1426 of this title.
(2) Binding and final
If the selection of an agent, consultant, or expert satisfies the requirements under paragraph (1), the selection of that agent, consultant, or expert shall be final and binding.
(Pub. L. 112–96, title VI, § 6205, Feb. 22, 2012, 126 Stat. 211.)
47 U.S.C. § 1427 (TELECOMMUNICATIONS)
§ 1427. Initial funding for the First Responder Network Authority
(a) Borrowing authority
Prior to the deposit of proceeds into the Public Safety Trust Fund from the incentive auctions to be carried out under section 309(j)(8)(G) of this title or the auction of spectrum pursuant to section 1451 of this title, the NTIA may borrow from the Treasury such sums as may be necessary, but not to exceed $2,000,000,000, to implement this subchapter. The NTIA shall reimburse the Treasury, without interest, from funds deposited into the Public Safety Trust Fund.
(b) Prohibition
(1) In general
Administrative expenses of the First Responder Network Authority may not exceed $100,000,000 during the 10-year period beginning on February 22, 2012.
(2) Definition
For purposes of this subsection, the term “administrative expenses” does not include the costs incurred by the First Responder Network Authority for oversight and audits to protect against waste, fraud, and abuse.
(Pub. L. 112–96, title VI, § 6207, Feb. 22, 2012, 126 Stat. 215.)
heading: References in Text
text: Section 1451, referred to in subsec. (a), was in the original “section 6401” and means section 6401 of Pub. L. 112–96, which enacted section 1451 of this title and amended section 309 of this title.
47 U.S.C. § 1428 (TELECOMMUNICATIONS)
§ 1428. Permanent self-funding; duty to assess and collect fees for network use
(a) In general
Notwithstanding section 337 of this title, 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 expenses of the First Responder Network Authority in carrying out its duties and responsibilities described under this subchapter for the fiscal year involved.
(c) Annual approval
The NTIA shall review the fees assessed under this section on an annual basis, and such fees may only be assessed if approved by the NTIA.
(d) Required reinvestment of funds
The First Responder Network Authority shall reinvest amounts received from the assessment of fees under this section in the nationwide public safety interoperable broadband network by using such funds only for constructing, maintaining, operating, or improving the network.
(Pub. L. 112–96, title VI, § 6208, Feb. 22, 2012, 126 Stat. 215.)
47 U.S.C. § 1429 (TELECOMMUNICATIONS)
§ 1429. Audit and report
(a) Audit
(1) In general
The Secretary of Commerce shall enter into a contract with an independent auditor to conduct an audit, on an annual basis, of the First Responder Network Authority in accordance with general accounting principles and procedures applicable to commercial corporate transactions. Each audit conducted under this paragraph shall be made available to the appropriate committees of Congress.
(2) Location
Any audit conducted under paragraph (1) shall be conducted at the place or places where accounts of the First Responder Network Authority are normally kept.
(3) Access to First Responder Network Authority books and documents
(A) In general
For purposes of an audit conducted under paragraph (1), the representatives of the independent auditor shall—
(i) have access to all books, accounts, records, reports, files, and all other papers, 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 possession 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 report of each audit conducted under subsection (a) to—
(A) the appropriate committees of Congress;
(B) the President; and
(C) the First Responder Network Authority.
(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 Network Authority;
(B) any recommendations of the independent auditor relating to the financial operations and condition of the First Responder Network Authority; and
(C) a description of any program, expenditure, or other financial transaction or undertaking of the First Responder Network Authority 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.)
47 U.S.C. § 1430 (TELECOMMUNICATIONS)
§ 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 report 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 appropriate.
(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 committees 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.)
heading: References in Text
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 relate to audits.
47 U.S.C. § 1431 (TELECOMMUNICATIONS)
§ 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 commercial 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 otherwise terminate or degrade all existing voice conversations or data sessions.
(Pub. L. 112–96, title VI, § 6211, Feb. 22, 2012, 126 Stat. 218.)
47 U.S.C. § 1432 (TELECOMMUNICATIONS)
§ 1432. Prohibition on direct offering of commercial telecommunications service directly to consumers
(a) In general
The First Responder Network Authority shall not offer, provide, or market commercial telecommunications or information services directly 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 covered 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 related 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.)
47 U.S.C. § 1433 (TELECOMMUNICATIONS)
§ 1433. Provision of technical assistance
The Commission may provide technical assistance to the First Responder Network Authority and may take any action necessary to assist the First Responder Network Authority in effectuating its duties and responsibilities under this subchapter.
(Pub. L. 112–96, title VI, § 6213, Feb. 22, 2012, 126 Stat. 218.)
47 U.S.C. § 1441 (TELECOMMUNICATIONS)
§ 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 Implementation Grant Program
Any amounts borrowed under subsection (c)(1) and any amounts in the State and Local Implementation Fund that are not necessary to reimburse the general fund of the Treasury for such borrowed amounts shall be available to the Assistant Secretary to implement section 1442 of this title.
(c) Borrowing authority
(1) In general
Prior to the end of fiscal year 2022, the Assistant Secretary may borrow from the general fund of the Treasury such sums as may be necessary, but not to exceed $135,000,000, to implement 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.)
47 U.S.C. § 1443 (TELECOMMUNICATIONS)
§ 1443. Public safety wireless communications research and development
(a) NIST directed research and development program
From amounts made available from the Public Safety Trust Fund, the Director of NIST, in consultation with the Commission, the Secretary of Homeland Security, and the National Institute of Justice of the Department of Justice, as appropriate, 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 subsection (a), the Director of NIST, in consultation with the First Responder Network Authority and the public safety advisory committee established under section 1425(a) of this title, shall—
(1) document public safety wireless communications technical requirements;
(2) accelerate the development of the capability for communications between currently deployed public safety narrowband systems and the nationwide public safety broadband network;
(3) establish a research plan, and direct research, that addresses the wireless communications needs of public safety entities beyond what can be provided by the current generation of broadband technology;
(4) accelerate the development of mission critical voice, including device-to-device “talkaround” capability over broadband networks, public safety prioritization, authentication capabilities, and standard application programing interfaces for the nationwide public safety broadband network, if necessary and practical;
(5) accelerate the development of communications technology and equipment that can facilitate the eventual migration of public safety narrowband communications to the nationwide public safety broadband network; and
(6) convene working groups of relevant government and commercial parties to achieve the requirements in paragraphs (1) through (5).
(Pub. L. 112–96, title VI, § 6303, Feb. 22, 2012, 126 Stat. 221.)