§1442 State and Local Implementation

Summary

Creates a grant program to help States, tribes, regions, and local governments plan and use the nationwide public safety broadband network. The federal government will pay up to 80% of eligible project costs, though that limit can be lowered for good public reasons. Within 6 months after February 22, 2012, the grant rules must be set, including what costs qualify, what activities are allowed, and a priority for both rural and urban coverage. Each State must name one person or office to coordinate how it will use any grant money. After the First Responder Network Authority finishes its contractor selection for the national network, it must tell each Governor that the process is done, share the proposed build plan and the State’s funding level. The Governor then has 90 days to accept the national plan or choose to build the State’s own radio access network. If the State opts out, it must notify the Authority, NTIA, and the FCC, run a request-for-proposal within 180 days, and send an alternative plan to the FCC showing it meets interoperability rules and can work with the national network. If the FCC approves, the State can seek grants and lease spectrum; if the FCC disapproves, the national plan goes ahead. A State that builds its own network must pay user fees for core services, may not offer commercial service except through public-private partnerships, and must use any leasing revenue only for the State network. Court review of FCC disapproval is handled only by the U.S. District Court for the District of Columbia, which will uphold the FCC unless the decision involved corruption, bias, or serious misconduct.