Title 47 — Telecommunications
Chapter 13 — Public Safety Communications and Electromagnetic Spectrum Auctions
§ 1428. Permanent self-funding; duty to assess and collect fees for network use
Statutory text
In general
Notwithstanding section 337 of this title, the First Responder Network Authority is authorized to assess and collect the following fees:
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.
Lease fees related to network capacity
In general
A fee from any entity that seeks to enter into a covered leasing agreement.
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—
access to network capacity on a secondary basis for non-public safety services; and
the spectrum allocated to such entity to be used for commercial transmissions along the dark fiber of the long-haul network of such entity.
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.
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Middle Class Tax Relief and Job Creation Act of 2012
Pub. L. 112–96 title VI § 6208 · 126 Stat. 156
Enacted · 47 U.S.C. § 1428
(Pub. L. 112–96, title VI, § 6208, Feb. 22, 2012, 126 Stat. 215.)
Source evidence
Code source credit
(Pub. L. 112–96, title VI, § 6208, Feb. 22, 2012, 126 Stat. 215.)Enacted provision · exact public law section
SEC. 6208. PERMANENT SELF-FUNDING; DUTY TO ASSESS AND COLLECT FEES FOR NETWORK USE. (a) In General.— Notwithstanding section 337 of the Communications Act of 1934 (47 U.S.C. 337), 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 subtitle 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.
1 of 1 references resolved to an enrolled provision