(a) General Powers.—The Corporation shall have the authority to do the following:
(1) To adopt and use a corporate seal.
(2) To have succession until dissolved by an Act of Congress.
I don't really see a need for article two. Public Safety is a necessity and not an item to be toyed with in stupid budgets by Republican legislators. I could not mean that more. The longer the selection of their Presidential nominee goes on the more and more I sincerely believe the Republicans have no sincere capacity to think yet alone lead. Provision Two is like dangling temptation in front of their nose. Destroying a SAFETY corporation will be the first thing a Republican legislator of this generation will do simply because they are 'counter active' to every aspect of benevolence. They don't believe in any benevolence a citizen should have granted by the government. They believe one should have to purchase benevolence. In the case of the natural gas industry it is cisterns, in the method of limiting greenhouse gases it is underground bunks to protect from tornadoes and straight line winds and an oxygen supply when the atmosphere's oxygen takes a nose dive below 21% and the list goes on and one. Republican legislators would not know morality if it bit them where the sun don't shine, but, preferably there; less blood flow.
(3) To prescribe, through the actions of its Board, bylaws not inconsistent with law and the laws of the District of Columbia, regulating the manner in which the Corporation’s general business may be conducted and the manner in which the privileges granted to the Corporation by law may be exercised.
(4) To exercise, through the actions of its Board, all powers specifically granted by the provisions of this Title, and such incidental powers as shall be necessary.
Hard to believe number four is actually necessary, but, given the way legalese can manipulate words I suppose that is correct. I think take back the belief President Obama does not defend from adverse word manipulation. He should enter this provision on everything he writes. I did say,. "I think."
(5) To hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Corporation considers necessary to carry out its responsibilities and duties.
It is its own legal department. I suppose so, the AG is on the Board. Nice. Convenient. Now, I am wondering if there is a capacity to appeal mentioned here and if not will a court accept a case to challenge any and all decisions by the Board? Probably. Courts will look at anything in this country. Not that they will rule on it, but, they'll look at it. Perhaps one of the first items on the agenda should be developing a grievance procedure to spare the federal courts from the burden.
(6) To obtain grants and funds from and make contracts with individuals, private companies, organizations, institutions, and Federal, State, regional, and local agencies, pursuant to guidelines established by the Director of the Office of Management and Budget.
(7) To accept, hold, administer, and utilize gifts, donations, and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the Corporation.
It is a fiduciary relationship. There is no other definition that can be applied to it. There is benevolence. Litigable benevolence. The Board screws up and the public has redress.
(8) To issue notes or bonds, which shall not be guaranteed or backed in any manner by the Government of the United States, to purchasers of such instruments in the private capital markets;.
(9) To incur indebtedness, which shall be the sole liability of the Corporation and shall not be guaranteed or backed by the Government of the United States, to carry out the purposes of this Title.
They have their own budget capacity which removes their burden to the taxpayer. It is only reasonable. But, the budget needs to be policed to insure there are not 'corporation sized bonuses' for employees, of whom are not considered to be federal employees with paid for by the people benefits. So, the extent the monies obtained through private capital markets needs to be monitored, perhaps best through an advisory committee and public statements of accounting in the Federal Register. I don't know if the Federal Register is the best place, but, it is a guaranteed place.
(10) To spend funds under paragraph (6) in a manner authorized by the Board, but only for purposes that will advance or enhance public safety consistent with this subtitle.
There is the limitation on spending. Sort of.
(11) To establish reserve accounts with funds that the Corporation may receive from time to time that exceed the amounts required by the Corporation to timely pay its debt service and other obligations.
Eleven is assurances of the capacity of the corporation in the future, however, during the Bush/Cheney White House it was these reserves, or better said, reserves within the federal system that were targeted for 'draining;' literally, into the open market to remove all the 'reserves' to crash the government and expand the debt limit.
There needs to be a measure from exploitative actions of any branch of government for this reserve and all that of the federal authorities to remove their dependence on the US Treasury and allow the federal government to be more free standing and corporations like this to be 'reassured' for future generations. The idea that all this can be reversed by legislation is true of most everything written. So, to believe these corporations will become a sovereign threat is hideous. That argument for any aspect of the federal government is ridiculous unless there are lawmakers that want that direction to take place in the course of two years. I do believe with legislators that seek to change the 'balance of government' it could be accomplished in two years. So, impeachment of judges and the like need to be 'at the ready' more than they are today. This democracy is at the top of the food chain in many ways with potential for much personal danger. If the citizens of this country and those globally don't realize that today, then they never will. The vigilance to whom is elected and their personal morality to their office in the way of viewing benevolence and its fiduciary relationship to their office or capacity is an important decision and one not to be left to 'chance' or television commercials. The Free Press of the USA guaranteed under the First Amendment where the press is not propaganda but a partner to the people is the only way to adequately police the government. But, then citizens would have to view the daily newsprint as a responsible act of citizen and actually read it, perhaps over morning coffee. It is called 'good democratic habits.' It is called being informed and a conversationalist. Knowing vocabulary for the sake of knowing it has no real service until it is applied.
Am I on my 'high horse?' Not in this political environment. Absolutely not. Given the "Circus Tent of the Republicans" and the elections of 2010 the country needs a firm spanking to wake them up as to what they are doing to themselves and whom they can trust.
(12) To expend the funds placed in any reserve accounts established under paragraph (11) (including interest earned on any such amounts) in a manner authorized by the Board, but only for purposes that—
(A) will advance or enhance public safety consistent with this subtitle; or
(B) are otherwise approved by an Act of Congress.
(13) To build, operate and maintain the public safety interoperable broadband network.
(14) To take such other actions as the Corporation (through its Board) may from time to time determine necessary, appropriate, or advisable to accomplish the purposes of this subtitle.
The Board should have the capacity to approach Congress as well. There needs to be a mechanism through the FCC whereby they can bring topics to the Congress, probably through committee or through the Secretary of Commerce. Or both. Or either. Unless, the corporation is fall back on the wayward ruling of Citizens United to act as a citizen with the capacity to seek redress. To allow the capacity of a corporation to fall into that morass is a gross error.
And I do mean "Circus Tent of the Republicans." When an economic plan starts showing up from that of a video game there is no viable Republican Party. The bottom of the barrel is exactly that regardless of their ability to muster wealth and media deception to adversely effect the truth of elections while providing sincerely worthy candidates for election choice. The Republicans are 'the audacious of the absurd.'
(1) IN GENERAL.—The Corporation shall hold the single public safety wireless license granted under section 281 and take all actions necessary to ensure the building, deployment, and operation of a secure and resilient nationwide public safety interoperable broadband network in consultation with Federal, State, tribal, and local public safety entities, the Director of NIST, the Commission, and the public safety advisory committee established in section 284(b)(1), including by,—
All the standards below are reasonable. Interestingly the broadband will be supported by private industry. I worry about the wisdom of that. I know the affable nature of all that, but, considering encryption and the ability of the private sector to change methodologies and standards that may not be reasonable to public use and government security, I don't believe that is a good idea. I do believe the security of the public broadband should have a national strategy as well. That would include the security to be among the standards of the NSA. Comingling of private sector maintenance with a national strategy is no ta good idea. It just isn't.
(A) ensuring nationwide standards including encryption requirements for use and access of the network;
(B) issuing open, transparent, and competitive requests for proposals to private sector entities for the purposes of building, operating, and maintaining the network;
(C) managing and overseeing the implementation and execution of contracts or agreements with non-Federal entities to build, operate, and maintain the network; and
(D) establishing policies regarding Federal and public safety support use.
The standard below in (A) alone requires security beyond that of the private sector. The public broadband should have the ability to survive to every device possible beyond that of any commercial networks globally. The citizen's safety, the individual citizen, has to be the focus of this above any mistake or chance of error. The private sector does not make that investment. The latest Blackberry fiasco is solid proof of that alone. I am confident the FCC is investigating the Blackberry cyberattack.
(2) INTEROPERABILITY, SECURITY AND STANDARDS..—In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the Corporation shall—
(A) ensure the safety, security, and resiliency of the network, including requirements for protecting and monitoring the network to protect against cyber intrusions or cyberattack;
I don't care if the private sector can develop their own secure channel, but, it should be a separate enterprise form that of the government. The government has to operate and not just because the stock prices hold up.
(B) be informed of and manage supply chain risks to the network, including requirements to provide insight into the suppliers and supply chains for critical network components and to implement risk management best practice in network design, contracting, operations and maintenance;
Even in (B) the supply chain risks, the design of the network; that isn't private access. There has to be an autonomous body of federal employees that operate the integrity of a public broadband that is exclusive to the well being of a nation of citizens. Not that the technology should become stale, that is why government attends private conferences to 'stay up' with the latest and greatest and its application. But, the Board will have access to universities and the expertise that lies there through their own governance. I don't really believe in the private sector being 'that close' to my personal security as is perscribed to federal authority. It is a matter of 'belief' of the security of the government that is paramount to any private interest in the corporation. It isn't a matter of my belief, but, of the understanding of the belief of a nation of citizens. It is real and measurable.
(C) promote competition in the equipment market, including devices for public safety communications, by requiring that equipment and devices for use on the network be—
Provision (C) engages the universities again through grants and underwriting. National Security priorities need to be applied to these capacities when engaging the promotion of devices, however, it can be discerned by the Board what of the technology developed from....let's say MIT... is actually applicable to private use. The private market. There will always be government capacity that will not have the ability to incorporate to the public sector. But, as noted in the NASA programs there are frequently technologies that apply to public sector, private industry enterprise. The Board with advise if necessary from the university developers of the technology and national security personnel can determine what is applicable to the public-private domain that might even sell to consumers. The security of 'the individual citizen' has to be at the core of this corporation.
(3) RURAL COVERAGE.—In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the Corporation, consistent with the license granted under section 281, shall require deployment phases with substantial rural coverage milestones as part of each phase of the construction and deployment of the network.
Rural development will be interesting. I live for the day when I am in a distant location and can actually access viable communication capacity. That will be interesting. While the military has no problem with that capacity for the public to actually have that type of service available without interfering with military capacity will be very, very nice. There is simply no feeling like being on ancient icefields and not being able to access the reruns of Gilligan's Island.
(4) EXECUTION OF AUTHORITY.—In carrying out the duties and responsibilities of this subsection, the Corporation may—
All that is fine so long as there is a one way relationship with partners. What goes on with The Corporation stays with The Corporation.
(1) ESTABLISHMENT OF NETWORK POLICIES.—In carrying out the requirements under subsection (b), the Corporation shall take such actions as may be necessary, including the development of requests for proposals—
All that is fine, too with the understanding the primary purpose is to protect and serve the public sphere in all ways possible while providing state of the art capacity to access for their personal security.
(E) ongoing compliance review and monitoring of the—
(i) management and operation of such network;
(ii) practices and procedures of the entities operating on and the personnel using such network; and
(iii) training needs of entities operating on and personnel using such network.
Quality assurance.
(2) STATE AND LOCAL PLANNING.—
(A) REQUIRED CONSULTATION.—In developing requests for proposal and otherwise carrying out its responsibilities under this subtitle, the Corporation shall consult with regional, State, tribal, and local jurisdictions regarding the distribution and expenditure of any amounts required to carry out the policies established under paragraph (1), including with regard to the—
(ii) placement of towers;
This sort of falls in the category of Citizen Band Radio regulations. The CB has been the backbone to citizen communication for as long as the history of the technology. What would a truck drive do without their 'buddies?' What kind of health could not be preserved because a doctor 100 miles away at a medical center could not be accessed in Alaska? Canada uses similar methodology a great deal. There are greater amounts of remote areas in Canada. Technology, such as the Kindle, has opened up educational possibilities in Canada to their children all the way to Kindergarten.
From above:
(b) Duty and Responsibility to Deploy and Operate a Nationwide Public Safety Interoperable Broadband Network.—
(B) METHOD OF CONSULTATION.—The consultation required under subparagraph (A) shall occur between the Corporation and the single officer or governmental body designated under section 294(d).
(3) LEVERAGING EXISTING INFRASTRUCTURE.—In carrying out the requirement under subsection (b), the Corporation shall enter into agreements to utilize, to the maximum economically desirable, existing—
(A) commercial or other communications infrastructure; and
(B) Federal, State, tribal, or local infrastructure.
It is a matter of preserving culture as well. Accessing the existing infrastructure will give a strong sense of cultural as well as being prudent to its use and economy. Culture is the essence of communication. To me it is. That aspect of diversity should not be sacrificed for efficiency and would risk alienation of the citizen. Integration is more important in public safety then compliance by the citizen. That is also a security concern as well. Integration cannot be linked to propagandized content. The nation is as secure as its citizens, which is why the #Occupy Wall Street movement is more than simply anger. The citizen experience with their government cannot be ignored. It is why confrontation happens. The private sector has to be regulated for these reasons alone.
To leave the bill for a moment. There is sincerely something wrong when an entire generation is without employment and it is as global an experience as the 2008 collapse was. The two events are linked. Completely and the citizen reaction dictates the path forward. A country cannot maintain its sovereignty without a tax base and an entire generation is without employment. That is not a matter of inconvenience, it is a matter of national security and concern. No wonder there is a national debt crisis. The tax base is dissolving.
Back to the bill.
(5) ROAMING AGREEMENTS.—The Corporation shall negotiate and enter into, as it determines appropriate, roaming agreements with commercial network providers to allow the nationwide public safety interoperable broadband users to roam onto commercial networks and gain prioritization of public safety communications over such networks in times of an emergency.
Roaming is probably going to be more than necessary. That is also a matter of integration. The security of the public safety broadband does not have to be breached in order to roam. It is a matter of setting up a wall between the private entities and the public security with 'gates' of access to be able to access citizen mobile devices. The gates can be secured as a passageway to the private sector. The private sector security has to be honored no different than the government sector. Gates to access should be agreed upon mutually. However, the access is from a unilateral direction and that is from government to private and not the other way around.
Gates would be more of a 'step down' frequency issue and does not exclusively have to be the secure broadband that the government uses. The access can be through Citizen Band or other means to achieve the ''end user" result.. Whatever is agreed upon as a safe and secure method between private-public cooperation.
(8) PROHIBITION ON NEGOTIATION WITH FOREIGN GOVERNMENTS.—Except as authorized by the President, the Corporation shall not have the authority to negotiate or enter into any agreements with a foreign government on behalf of the United States.
Absolutely, but what has to be realize is that 'access' to citizens abroad might be more viable than one might imagine. It would be interesting for Americans to have access to their nearest embassy if they chose that as a means of their own security. Something to consider. I don't believe embassies fall under the sovereign authority of other nations actually. Ask Cuba, they'll tell you that if they could control the 'signage' of the US Embassy they would. Seeking public safety aboard is an interesting topic for the State Department in relation to this Corporation as well. Maybe in the future.
(a) Provision of Initial Funding to the Corporation.—
(1) IN GENERAL.—Prior to the commencement of incentive auctions to be carried out under section 309(j)
(8)(F) of the Communications Act of 1934 or the auction of spectrum pursuant to section 273 of this subtitle, the is hereby appropriated $50,000,000 for reasonable administrative expenses and other costs associated with the establishment of the Corporation, and that may be transferred as needed to the Corporation for expenses before the commencement of incentive auction: Provided, That funding shall expire on September 30, 2014.
That's getting off cheap.
The NTIA is the . It is under the Department of Commerce.
TITLE 47 > CHAPTER 5 > SUBCHAPTER III > Part I > § 309
§ 309. APPLICATION FOR LICENSE (click here)
(j) Use of competitive bidding
(8) Treatment of revenues
The online source does not have (F). It has not been published online yet.
(3) NTIA APPROVAL.—If the NTIA determines that such funding is necessary for the Corporation to carry out its duties and responsibilities under this Title and that Corporation has submitted a plan, then the NTIA shall notify the appropriate committees of Congress 30 days before each transfer of funds takes place.
The Corporation does have access through Commerce and the NTIA. However, I would expect that access to apply to more than simply funding. If they have to access the legislature it could be through this mechanism as well.
SECTION 290. PERMANENT SELF-FUNDING; DUTY TO ASSESS AND COLLECT FEES FOR NETWORK USE.
(a) In General.—The Corporation shall have the authority to assess and collect the following fees:
I would think this would be minimally possible.
(1) NETWORK USER FEE.—
(2) LEASE FEES RELATED TO NETWORK CAPACITY.—(3) LEASE FEES RELATED TO NETWORK EQUIPMENT AND INFRASTRUCTURE.—
SECTION 291. AUDIT AND REPORT.
(a) Audit.—
(1) IN GENERAL.—The financial transactions of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations shall be audited by the Comptroller General of the United States in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General.
(2) LOCATION.—Any audit conducted under paragraph (1) shall be conducted at the place or places where accounts of the Corporation are normally kept.
(b) Report.—
(1) IN GENERAL.—The Comptroller General of the United States shall submit a report of each audit conducted under subsection (a) to—
(A) the appropriate committees of Congress;
(B) the President; and
(C) the Corporation.
I sincerely believe there needs to be a public notification as well and preferably published. The Federal Register seems like a responsible place to do that. It doesn't have to be the entire audit, it does have to be that the audit was submitted to the above bodies of government. Then through the committees the results could be known as is reasonable to allow public access.
This is the bottom of page 86. The next heading is:
SECTION 292. ANNUAL REPORT TO CONGRESS.
end.
