47 USC 1442 - State and local implementation

U.S Code last checked for updates: Apr 27, 2024

§ 1442.

State and local implementation

(a)

Establishment of State and Local Implementation Grant Program

(b)

Matching requirements; Federal share

(1)

In general

(2)

Waiver

(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 section, including the following:

(1)

Defining eligible costs for purposes of subsection (b)(1).

(2)

Determining the scope of eligible activities for grant funding under this section.

(3)

Prioritizing grants for activities that ensure coverage in rural as well as urban areas.

(d)

Certification and designation of officer or governmental body

(e)

State network

(1)

Notice

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—

(A)

notice of the completion of the request for proposal process;

(B)

details of the proposed plan for buildout of the nationwide, interoperable broadband network in such State; and

(C)

the funding level for the State as determined 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 network 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

(B)

State request for proposals

(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 demonstrate—

(I)

that the State will be in compliance with the minimum technical interoperability requirements developed under section 1423 of this title; and

(II)

interoperability with the nationwide public safety broadband network.

(ii)

Commission approval or disapproval

(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 showing described in subparagraph (D); and

(II)

shall apply to the NTIA to lease spectrum capacity from the First Responder Network Authority.

(iv)

Disapproval

(D)

Funding requirements

In order to obtain grant funds and spectrum capacity leasing rights under subparagraph (C)(iii), a State shall demonstrate—

(i)

that the State has—

(I)

the technical capabilities to operate, and the funding to support, the State radio access network;

(II)

has the ability to maintain ongoing 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

(g)

Prohibition

(1)

In general

(2)

Rule of construction

(h)

Judicial review

(1)

In general

(2)

Standard of review

The court shall affirm the decision of the Commission unless—

(A)

the decision was procured by corruption, fraud, or undue means;

(B)

there was actual partiality or corruption in the Commission; or

(C)

the Commission was guilty of misconduct in refusing to hear evidence pertinent 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.)

cite as: 47 USC 1442