Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§1428 Permanent Self-funding; Duty to Assess and Collect Fees for Network Use

Title 47 › CHAPTER 13 — PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS › SUBCHAPTER II — GOVERNANCE OF PUBLIC SAFETY SPECTRUM › § 1428

Last updated Sep 22, 2026|Official source

Summary

The First Responder Network Authority may charge fees to pay for the nationwide public safety broadband network. It can charge a user or subscription fee for anyone who wants to use the network (including public safety and secondary users). It can charge lease fees when a public-private lease lets non-public-safety users access spare network capacity and use long-haul dark fiber for commercial signals. It can also charge for access to equipment or infrastructure (like antennas or towers) it owns. Each year the total fees must only equal the Authority’s costs for that fiscal year and not exceed what is needed. The NTIA must review and approve the fees every year. All money collected must be spent only on building, operating, maintaining, or improving the network.

Full Legal Text

Title 47, §1428

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

47 U.S.C. § 1428

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110