I want to make the legal interpretation of the HR3630 (Middle Class tax Relief and Jobs Creation Act of 2012) that pertains to the allocation of the D-Block spectrum to Public Safety and the formation of FirstNet.
Here is what the law state:
SEC. 6302. STATE AND LOCAL IMPLEMENTATION.
If you decide to Opt-In:
(e) STATE NETWORK
“the First Responder Network Authority shall provide to the Governor of each State, or his designee—
(A) notice of the completion of the request for proposal process;
(B) details of the proposed plan for buildout of the nationwide, interoperable broadband network in such State; and
(C) the funding level for the State as determined by the NTIA. “
If the State decides to Opt-Out:
(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
(II) shall apply to the NTIA to lease spectrum capacity from the First Responder Network Authority.
Who can use the revenue:
Use of Revenue:
(g) PROHIBITION.—
(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.
In summary:
· You Opt-In you pay to build your network and you can’t use the revenue
· You Opt-Out you get a grant and you can use the revenue
Is this really a decision?
Just some guy and a blog….
Advancing Telecom 