2012 US Code
Title 47 - Telecommunications
Chapter 13 - PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS (§§ 1401 - 1473)
Subchapter II - GOVERNANCE OF PUBLIC SAFETY SPECTRUM (§§ 1421 - 1433)
Section 1428 - Permanent self-funding; duty to assess and collect fees for network use
| Publication Title | United States Code, 2012 Edition, Title 47 - TELECOMMUNICATIONS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 47 - TELECOMMUNICATIONS CHAPTER 13 - PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS SUBCHAPTER II - GOVERNANCE OF PUBLIC SAFETY SPECTRUM Sec. 1428 - Permanent self-funding; duty to assess and collect fees for network use |
| Contains | section 1428 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 112-96, title VI, §6208, Feb. 22, 2012, 126 Stat. 215. |
| Statutes at Large Reference | 126 Stat. 215 |
| Public Law Reference | Public Law 112-96 |
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Notwithstanding section 337 of this title, the First Responder Network Authority is authorized to assess and collect the following fees:
(1) Network user feeA 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 generalA fee from any entity that seeks to enter into a covered leasing agreement.
(B) Covered leasing agreementFor 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 infrastructureA 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-fundingThe 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 approvalThe 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 fundsThe 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.)
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