republic-os/legal/us/code/title-47/chapter-13/section-1428.md

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LegalText	47 U.S.C. § 1428	Permanent self-funding; duty to assess and collect fees for network use	us	united_states_code	code_section	47	TELECOMMUNICATIONS	13	PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS	1428	47 U.S.C. § 1428	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc47@119-100.zip	/us/usc/t47/s1428	data/legal/raw/us/code/title-47/usc47.xml	b97a03b2d7bca98dd35ecc3ceea1cd2c00a7e47f9ea3f68533dd66be2336c97a	7cfb2d22df305544d8fac4913876d34c6b712d99019bd01ec134ed44ef145534	9cc3591e96f4f792a45d65dab5ebf420655102e58dba831c889f6ca0640a02bc	2026-07-04	official	legal us-code

47 U.S.C. § 1428 - Permanent self-funding; duty to assess and collect fees for network use

Text

(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.

(Pub. L. 112–96, title VI, § 6208, Feb. 22, 2012, 126 Stat. 215.)