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 assist State, regional, tribal, and local jurisdictions 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, including with regards to coverage, siting, and other needs.
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.
The Assistant Secretary may waive, in whole or in part, the requirements of paragraph (1) for good cause shown if the Assistant Secretary determines that such a waiver is in the public interest.
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 section, including the following:
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.
Upon the completion of the request for proposal process conducted by the First Responder Network Authority for the construction, operation, maintenance, and improvement of the nationwide public safety broadband network, the First Responder Network Authority shall provide to the Governor of each State, or his designee-
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-
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.
Not later than 180 days after the date on which a Governor provides notice under subparagraph (A), the Governor shall develop and complete requests for proposals for the construction, maintenance, and operation of the radio access network within the State.
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 demonstrate-
Upon submission of a State plan under clause (i), the Commission shall either approve or disapprove the plan.
If the Commission approves a plan under this subparagraph, the State-
If the Commission disapproves a plan under this subparagraph, the construction, maintenance, operation, and improvements of the network within the State shall proceed in accordance with the plan proposed by the First Responder Network Authority.
In order to obtain grant funds and spectrum capacity leasing rights under subparagraph (C)(iii), a State shall demonstrate-
If a State chooses to build its own radio access network, the State shall pay any user fees associated with State use of elements of the core network.
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 except directly through public-private partnerships for construction, maintenance, operation, and improvement of the network within the State.
Nothing in this subsection shall be construed 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.
The United States District Court for the District of Columbia shall have exclusive jurisdiction to review a decision of the Commission made under subsection (e)(3)(C)(iv).
The court shall affirm the decision of the Commission unless-
47 U.S.C. § 1442
- Assistant Secretary
- The term "Assistant Secretary" means the Assistant Secretary of Commerce for Communications and Information.
- Commission
- The term "Commission" means the Federal Communications Commission.
- First Responder Network Authority
- The term "First Responder Network Authority" means the First Responder Network Authority established under section 1424 of this title.
- NTIA
- The term "NTIA" means the National Telecommunications and Information Administration.
- core network
- The term "core network" means the core network described in section 1422(b)(1) of this title.
- nationwide public safety broadband network
- The term "nationwide public safety broadband network" means the nationwide, interoperable public safety broadband network described in section 1422 of this title.
- radio access network
- The term "radio access network" means the radio access network described in section 1422(b)(2) of this title.