47 U.S. Code § 1442 - State and local implementation
(a) Establishment of State and Local Implementation Grant Program
The Assistant Secretary, in consultation with the First Responder Network Authority, shall take such action as is necessary to establish a grant program to make grants to States to assist State, regional, tribal, and local jurisdictions to identify, plan, and implement the most efficient and effective way for such jurisdictions to utilize and integrate the infrastructure, equipment, and other architecture associated with the nationwide public safety broadband network to satisfy the wireless communications and data services needs of that jurisdiction, including with regards to coverage, siting, and other needs.
(b) Matching requirements; Federal share
(1) In general
The Federal share of the cost of any activity carried out using a grant under this section may not exceed 80 percent of the eligible costs of carrying out that activity, as determined by the Assistant Secretary, in consultation with the First Responder Network Authority.
(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:
(d) Certification and designation of officer or governmental body
In carrying out the grant program established under this section, the Assistant Secretary shall require each State to certify in its application for grant funds that the State has designated a single officer or governmental body to serve as the coordinator of implementation of the grant funds.
(e) State network
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—
(B) details of the proposed plan for buildout of the nationwide, interoperable broadband network in such State; and
(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
(A) In general
Upon making a decision to opt-out under paragraph (2)(B), the Governor shall notify the First Responder Network Authority, the NTIA, and the Commission of such decision.
(B) State request for proposals
Not later than 180 days after the date on which a Governor provides notice under subparagraph (A), the Governor shall develop and complete requests for proposals for the construction, maintenance, and operation of the radio access network within the State.
(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) Commission approval or disapproval Upon submission of a State plan under clause (i), the Commission shall either approve or disapprove the plan.
(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
(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
(f) User fees
If a State chooses to build its own radio access network, the State shall pay any user fees associated with State use of elements of the core network.
(1) In general
A State that chooses to build its own radio access network shall not provide commercial service to consumers or offer wholesale leasing capacity of the network within the State except directly through public-private partnerships for construction, maintenance, operation, and improvement of the network within the State.
(2) Rule of construction
Nothing in this subsection shall be construed to prohibit the State and a secondary user from entering into a covered leasing agreement. Any revenue gained by the State from such a leasing agreement shall be used only for constructing, maintaining, operating, or improving the radio access network of the State.
(h) Judicial review
(1) In general
The United States District Court for the District of Columbia shall have exclusive jurisdiction to review a decision of the Commission made under subsection (e)(3)(C)(iv).
(2) Standard of review
The court shall affirm the decision of the Commission unless—