---
kind: "section"
citation: "47 U.S.C. § 1442"
title: "47"
title_heading: "Telecommunications"
number: "1442"
heading: "State and local implementation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/1442"
units:
  - "Chapter 13 — Public Safety Communications and Electromagnetic Spectrum Auctions"
  - "Subchapter III — Public Safety Commitments"
---

# §1442. State and local implementation

- (a) **Establishment of State and Local Implementation Grant Program—** The [Assistant Secretary](/usc/47/1401.md?p=4), in consultation with the [First Responder Network Authority](/usc/47/1401.md?p=15), shall take such action as is necessary to establish a grant program to make grants to [States](/usc/47/1401.md?p=31) to assist [State](/usc/47/1401.md?p=31), 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](/usc/47/1401.md?p=21) 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](/usc/47/1401.md?p=4), in consultation with the [First Responder Network Authority](/usc/47/1401.md?p=15).
  - (2) **Waiver—** The [Assistant Secretary](/usc/47/1401.md?p=4) may waive, in whole or in part, the requirements of [paragraph (1)](#b-1) for good cause shown if the [Assistant Secretary](/usc/47/1401.md?p=4) determines that such a waiver is in the public interest.
- (c) **Programmatic requirements—** Not later than 6 months after February 22, 2012, the [Assistant Secretary](/usc/47/1401.md?p=4), in consultation with the [First Responder Network Authority](/usc/47/1401.md?p=15), shall establish requirements relating to the grant program to be carried out under this section, including the following:
  - (1) Defining eligible costs for purposes of [subsection (b)(1)](#b-1).
  - (2) Determining the scope of eligible activities for grant funding under this section.
  - (3) Prioritizing grants for activities that ensure coverage in rural as well as urban areas.
- (d) **Certification and designation of officer or governmental body—** In carrying out the grant program established under this section, the [Assistant Secretary](/usc/47/1401.md?p=4) shall require each [State](/usc/47/1401.md?p=31) to certify in its application for grant funds that the [State](/usc/47/1401.md?p=31) has designated a single officer or governmental body to serve as the coordinator of implementation of the grant funds.
- (e) **State network—**
  - (1) **Notice—** Upon the completion of the request for proposal process conducted by the [First Responder Network Authority](/usc/47/1401.md?p=15) for the construction, operation, maintenance, and improvement of the [nationwide public safety broadband network](/usc/47/1401.md?p=21), the [First Responder Network Authority](/usc/47/1401.md?p=15) shall provide to the Governor of each [State](/usc/47/1401.md?p=31), 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](/usc/47/1401.md?p=31); and
    - (C) the funding level for the [State](/usc/47/1401.md?p=31) as determined by the [NTIA](/usc/47/1401.md?p=24).
  - (2) **State decision—** Not later than 90 days after the date on which the Governor of a [State](/usc/47/1401.md?p=31) receives notice under [paragraph (1)](#e-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](/usc/47/1401.md?p=15); or
    - (B) conduct its own deployment of a [radio access network](/usc/47/1401.md?p=29) in such [State](/usc/47/1401.md?p=31).
  - (3) **Process—**
    - (A) **In general—** Upon making a decision to opt-out under [paragraph (2)(B)](#e-2-B), the Governor shall notify the [First Responder Network Authority](/usc/47/1401.md?p=15), the [NTIA](/usc/47/1401.md?p=24), and the [Commission](/usc/47/1401.md?p=11) 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)](#e-3-A), the Governor shall develop and complete requests for proposals for the construction, maintenance, and operation of the [radio access network](/usc/47/1401.md?p=29) within the [State](/usc/47/1401.md?p=31).
    - (C) **Submission and approval of alternative plan—**
      - (i) **In general—** The [State](/usc/47/1401.md?p=31) shall submit an alternative plan for the construction, maintenance, operation, and improvements of the [radio access network](/usc/47/1401.md?p=29) within the [State](/usc/47/1401.md?p=31) to the [Commission](/usc/47/1401.md?p=11), and such plan shall demonstrate—
        - (I) that the [State](/usc/47/1401.md?p=31) will be in compliance with the minimum technical interoperability requirements developed under [section 1423 of this title](/usc/47/1423.md); and
        - (II) interoperability with the [nationwide public safety broadband network](/usc/47/1401.md?p=21).
      - (ii) **Commission approval or disapproval—** Upon submission of a [State](/usc/47/1401.md?p=31) plan under [clause (i)](#e-3-C-i), the [Commission](/usc/47/1401.md?p=11) shall either approve or disapprove the plan.
      - (iii) **Approval—** If the [Commission](/usc/47/1401.md?p=11) approves a plan under this subparagraph, the [State](/usc/47/1401.md?p=31)—
        - (I) may apply to the [NTIA](/usc/47/1401.md?p=24) for a grant to construct the [radio access network](/usc/47/1401.md?p=29) within the [State](/usc/47/1401.md?p=31) that includes the showing described in [subparagraph (D)](#e-3-D); and
        - (II) shall apply to the [NTIA](/usc/47/1401.md?p=24) to lease spectrum capacity from the [First Responder Network Authority](/usc/47/1401.md?p=15).
      - (iv) **Disapproval—** If the [Commission](/usc/47/1401.md?p=11) disapproves a plan under this subparagraph, the construction, maintenance, operation, and improvements of the network within the [State](/usc/47/1401.md?p=31) shall proceed in accordance with the plan proposed by the [First Responder Network Authority](/usc/47/1401.md?p=15).
    - (D) **Funding requirements—** In order to obtain grant funds and spectrum capacity leasing rights under [subparagraph (C)(iii)](#e-3-C-iii), a [State](/usc/47/1401.md?p=31) shall demonstrate—
      - (i) that the [State](/usc/47/1401.md?p=31) has—
        - (I) the technical capabilities to operate, and the funding to support, the [State](/usc/47/1401.md?p=31) [radio access network](/usc/47/1401.md?p=29);
        - (II) has the ability to maintain ongoing interoperability with the [nationwide public safety broadband network](/usc/47/1401.md?p=21); and
        - (III) the ability to complete the project within specified comparable timelines specific to the [State](/usc/47/1401.md?p=31);
      - (ii) the cost-effectiveness of the [State](/usc/47/1401.md?p=31) plan submitted under [subparagraph (C)(i)](#e-3-C-i); and
      - (iii) comparable security, coverage, and quality of service to that of the [nationwide public safety broadband network](/usc/47/1401.md?p=21).
- (f) **User fees—** If a [State](/usc/47/1401.md?p=31) chooses to build its own [radio access network](/usc/47/1401.md?p=29), the [State](/usc/47/1401.md?p=31) shall pay any user fees associated with [State](/usc/47/1401.md?p=31) use of elements of the [core network](/usc/47/1401.md?p=12).
- (g) **Prohibition—**
  - (1) **In general—** A [State](/usc/47/1401.md?p=31) that chooses to build its own [radio access network](/usc/47/1401.md?p=29) shall not provide commercial service to consumers or offer wholesale leasing capacity of the network within the [State](/usc/47/1401.md?p=31) except directly through public-private partnerships for construction, maintenance, operation, and improvement of the network within the [State](/usc/47/1401.md?p=31).
  - (2) **Rule of construction—** Nothing in this subsection shall be construed to prohibit the [State](/usc/47/1401.md?p=31) and a secondary user from entering into a covered leasing agreement. Any revenue gained by the [State](/usc/47/1401.md?p=31) from such a leasing agreement shall be used only for constructing, maintaining, operating, or improving the [radio access network](/usc/47/1401.md?p=29) of the [State](/usc/47/1401.md?p=31).
- (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](/usc/47/1401.md?p=11) made under [subsection (e)(3)(C)(iv)](#e-3-C-iv).
  - (2) **Standard of review—** The court shall affirm the decision of the [Commission](/usc/47/1401.md?p=11) unless—
    - (A) the decision was procured by corruption, fraud, or undue means;
    - (B) there was actual partiality or corruption in the [Commission](/usc/47/1401.md?p=11); or
    - (C) the [Commission](/usc/47/1401.md?p=11) was guilty of misconduct in refusing to hear evidence pertinent and material to the decision or of any other misbehavior by which the rights of any party have been prejudiced.

## Source credit

(Pub. L. 112–96, title VI, § 6302, Feb. 22, 2012, 126 Stat. 219.)