2004 Minnesota Statutes

     403.23 Powers of the board. 

    Subdivision 1.    General.  The board has the powers 
 necessary and convenient to discharge the duties imposed on it 
 by law, including those listed in this section.  

    Subd. 2.    Planning.  (a) The board shall review and, 
 within 90 days of the effective date of Laws 1995, chapter 195, 
 adopt the regionwide public safety radio system communication 
 plan prepared by the Metropolitan Radio Systems Planning 
 Committee pursuant to Laws 1993, chapter 313, section 3, 
 subdivision 2, for using the 800 megahertz and other frequencies 
 available for public safety use.  The plan must include, at a 
 minimum:  

    (1) a system design recommended by the Minnesota 
 commissioner of transportation for the first phase consisting of 
 a shared regionwide infrastructure network; 

    (2) a system design for subsequent phases; and 

    (3) a plan for assignment of frequencies to the regional 
 network and to each subsystem.  

    (b) No later than 30 days prior to adoption of the plan by the 
 board, the board shall submit the plan to the Metropolitan 
 Council for review in accordance with section 473.165, clause 
 (1).  The council may make comments to the board about the plan 
 in accordance with section 473.165, clause (2), except that the 
 deadline for comments shall be made within 30 days after 
 submission of the plan to the council. 

    (c) If, within the 30-day review period, the council has made 
 no comment on the plan or has made no findings as provided in 
 section 473.165, clause (2), the plan shall go into effect as of 
 the date of adoption by the board. 

    (d) If, within the 30-day review period, the council has made 
 findings as provided in section 473.165, clause (2), the board 
 and the council shall follow the procedure provided in section 
 473.165, clause (2).  The board may adopt revisions to the plan 
 in the same manner as is provided in this subdivision for 
 adoption of the plan.  

    Subd. 3.    Application to FCC.  Within 180 days from 
 adoption of the regionwide public safety radio system 
 communication plan, the commissioner of transportation, on 
 behalf of the state of Minnesota, shall use the plan adopted by 
 the board under subdivision 2 to submit an extended 
 implementation application to the Federal Communications 
 Commission (FCC) for the NPSPAC channels and other public safety 
 frequencies available for use in the metropolitan area and 
 necessary to implement the plan.  Local governments and all 
 other public or private entities eligible under part 90 of the 
 FCC rules shall not apply for public safety channels in the 821 
 to 824 and 866 to 869 megahertz bands for use within the 
 metropolitan counties until the FCC takes final action on the 
 regional application submitted under this section.  Exceptions 
 to the restrictions on the application for the NPSPAC channels 
 may be granted by the board.  The Minnesota Department of 
 Transportation shall hold the master system licenses for all 
 public safety frequencies assigned to the first phase under the 
 board's plan and these channels must be used for the 
 implementation of the plan.  The board shall hold the master 
 system licenses for the public safety frequencies assigned to 
 local government subsystems under the board's plan and these 
 channels must be used for implementation of the plan.  Upon 
 approval by the board of a local government's subsystem plan and 
 evidence of a signed contract with a vendor for construction of 
 a subsystem consistent with the board's system plan, the board 
 shall apply to the FCC to transfer to the local government the 
 licenses for the public safety frequencies assigned by the plan 
 for use in the network infrastructure owned by the local 
 government.  The board, the commissioner of the Minnesota 
 Department of Transportation, and local subsystem owners shall 
 jointly colicense all subscriber equipment for the system 
 backbone. 

    Subd. 4.    Plan implementation.  The board shall 
 supervise the implementation of the regionwide public safety 
 radio system communication plan adopted under subdivision 2 and 
 must ensure that the system is built, owned, operated, and 
 maintained in accordance with the plan.  The board will work 
 with the region 22 NPSPAC committee to incorporate the board's 
 adopted plan into federal communication system regulations. 

    Subd. 5.    Required minimum level of service for local 
 governments.  Subject to system capacity and channel 
 availability, the board shall ensure that all local governments, 
 quasi-public service operations, and private entities in the 
 metropolitan counties that are eligible to use radio frequencies 
 reserved for public safety use have adequate communications 
 capacity and intercommunications capability.  

    Subd. 6.    Backbone and subsystems.  In the regionwide 
 public safety radio system communication plan, the board shall 
 define the backbone consistent with the recommendations made by 
 the commissioner of transportation and the subsystems of the 
 system, the timing and phasing of system development, the 
 geographic scope of the system, the timing and extent of 
 participation in the system including participation by 
 additional entities, and standards for system performance.  
 System performance standards shall be developed in consultation 
 with the commissioner of transportation.  The initial backbone 
 shall serve state and regional agencies and shall include 
 capabilities for regionwide mutual aid and emergency medical 
 services communications and potentially provide alternative 
 routing for 911 services.  

    Subd. 7.    Existing channel allocation.  The board 
 shall coordinate allocation of existing radio channels made 
 available to the board by conversion to 800 megahertz or other 
 public safety frequencies.  

    Subd. 8.    Cost apportionment.  The board shall 
 determine how capital, operating, and administrative costs of 
 the first phase system will be spread across users of the 
 regionwide public safety radio communication system, including 
 costs for additional participants. 

    Subd. 9.    Excess capacity allocation.  The board shall 
 determine how excess capacity provided in the initial system 
 design in the regionwide public safety radio communication 
 system will be allocated. 

    Subd. 10.    System enhancement regulation.  The board 
 shall determine the extent to which local governments, 
 quasi-public service corporations, and private entities eligible 
 to use the system may provide system enhancements at their own 
 direct expense. 

    Subd. 11.    Standards.  The board is authorized to set 
 or adopt performance and technical standards for operation of 
 the backbone and subsystems and may modify standards as 
 necessary to meet changing needs. 

    Subd. 12.    Use priorities.  The board shall establish 
 priorities or protocols for use of the system.  

    Subd. 13.    First phase construction.  In order to 
 implement the first phase backbone, the board shall contract 
 with the state of Minnesota, through the commissioner of 
 transportation for construction, ownership, operation, 
 maintenance, and enhancement of these elements of the first 
 phase backbone as defined in the plan.  The commissioner, under 
 appropriate state law, shall contract for, or procure by 
 purchase or lease (including joint purchase and lease 
 agreements), construction, installation of materials, supplies 
 and equipment, and other services as may be needed to build, 
 operate, and maintain the first phase system network.  In 
 accordance with the terms of the contract entered into with the 
 radio board under this subdivision, the Department of 
 Transportation will own, operate, and maintain those elements 
 identified by the radio board in the plan as the first phase.  
 The state will finance and pay for its share of the first phase. 

    Subd. 14.    Executive director.  The board may employ 
 and fix the duties and compensation of an executive director who 
 shall supervise the implementation of the plan including the 
 design, ownership, construction, and operation of the first 
 phase system and shall administer the business affairs of the 
 board.  The executive director is eligible for membership in the 
 Minnesota State Retirement System.  Until funds to administer 
 the board become available under subdivision 19, the 
 Metropolitan Council shall provide to the board an executive 
 director who will be a staff member of the council.  The 
 executive director shall serve at the pleasure of the board.  

    Subd. 15.    System use by nongovernmental entities.  
 The board may contract with entities in the metropolitan 
 counties eligible to use the public safety channels other than 
 local governments, to provide them with public safety radio 
 communication service.  The board may contract with eligible 
 jurisdictions and entities outside the metropolitan counties for 
 inclusion in the regionwide public safety radio communication 
 system.  

    Subd. 16.    Minutes of board meetings.  The board shall 
 keep proper minutes of all its proceedings which shall be open 
 to public inspection at all reasonable times. 

    Subd. 17.    Accounting.  The board shall keep proper 
 and adequate books of accounts showing all its receipts and 
 disbursements by date, source, and amount.  The board must be 
 audited at least once each year.  The board may elect to be 
 audited by a certified public accountant or by the state auditor.

    Subd. 18.    Insurance.  The board may obtain suitable, 
 proper, and adequate public liability and workers' compensation 
 insurance and other insurance as it deems necessary, including 
 but not limited to, insurance against the liability of the board 
 or its officers and employees for personal injury or death and 
 property damage or destruction, with the force and effect stated 
 in chapter 466, and against risks of damage to or destruction of 
 any of its facilities, equipment, or other property. 

    Subd. 19.    User fees.  In accordance with the plan 
 authorized in subdivision 2, the board may establish and impose 
 user fees on entities using the first phase system to cover the 
 board's costs of implementing the plan and the costs of 
 operating the first phase system in the metropolitan area.  The 
 Metropolitan Council will collect the user fees.  

    Subd. 20.    Technical Operations Committee.  The board 
 shall establish a Technical Operations Committee composed of 
 representatives of the following functional categories to advise 
 it in carrying out its purposes:  

    (1) Minnesota Department of Public Safety; 

    (2) Minnesota Department of Transportation; 

    (3) sheriffs; 

    (4) police; 

    (5) fire protection; 

    (6) emergency medical service; 

    (7) public works; 

    (8) civil defense; 

    (9) Metro 911 Telephone Board; 

    (10) entities using 800 megahertz prior to initiation of 
 the regional system; 

    (11) managers or purchasing agents possessing expertise 
 from a general perspective; 

    (12) representatives of local units of government; and 

    (13) regionwide public safety radio communication system 
 users. 

 The members of the Technical Operations Committee serve without 
 compensation.  The chair of the Technical Operations Committee 
 is an ex officio member of the radio board. 

    Subd. 21.    Contracts.  The board may enter into 
 contracts necessary to carry out its responsibilities.  

    Subd. 22.    Property.  The board may acquire by 
 purchase, lease, gift, or grant, property, both real and 
 personal, and interests in property necessary for the 
 accomplishment of its purposes and may sell or otherwise dispose 
 of property which it no longer requires.  

    Subd. 23.    Gifts; grants.  The board may apply for, 
 accept, and disburse gifts, grants, or loans from the United 
 States, the state, or from any person for any of its purposes.  
 It may enter into an agreement required for the gifts, grants, 
 or loans and may hold, use, and dispose of money or property 
 received according to the terms of the gift, grant, or loan.  

    Subd. 24.    Authority to litigate.  The board may sue 
 and be sued.  

    HIST: 1995 c 195 art 1 s 4; 1996 c 463 s 46; 1997 c 143 s 17; 
 1997 c 202 art 3 s 28; 1Sp2003 c 1 art 2 s 135; 2004 c 201 s 13