FirstNet Redoubles Efforts to Engage States

The network expects it may send state plans to governors starting in mid-2017, a spokeswoman said. A governor will have 90 days after receiving a proposal from FirstNet to opt out, then 180 days to submit an alternative plan for FCC approval, according to statute. If the FCC approves, the state must apply to sign a lease agreement with FirstNet and can seek funding from NTIA. Later this year, FirstNet is expected to choose a telecom partner to help build its broadband network, with AT&T and Verizon seen as candidates (see 1607210056 and 1606300064).

FirstNet contacted NGA “looking to improve the tone of engagement and make sure that states do feel that they are being consulted as full partners and not just as end users or consumers,” said NGA Homeland Security and Public Safety Division Director Jeffrey McLeod. In a June hearing, he raised concerns about the tenor of communication (see 1606210063). The communication issue goes back to how the statute was written -- it refers to vendors as partners, but doesn't assign the same status to states, McLeod told us last week. That rubbed state officials the wrong way because they feel they know their states better than anyone else, he said. “There’s some resistance in the idea of having a plant dropped on their front door without real input from the states on what makes the most sense for them.”

There were “times when communication lines had been kind of crossed,” but “we’re beyond that now and moving into really focusing on what we need to do,” said NASCIO Government Affairs Director Yejin Cooke in an interview Monday. “It does seem like FirstNet is trying to keep us all educated as much as possible.” While FirstNet is engaged in vendor selection and can’t yet share much information, NASCIO members “generally do have a good understanding of what is going on and what to anticipate,” she said. If a state has concerns, FirstNet has shown itself as willing to address them, she said. “I would hope that FirstNet continues to keep CIOs in the loop.”

“FirstNet has made it a top priority to partner with the states, territories, and the associations that represent their interests to inform the planning and deployment of the Nationwide Public Safety Broadband Network,” said new (see 1606290077) Chief Customer Officer Richard Reed in an email. “Several were valuable advocates for the need for a nationwide network leading to the creation of FirstNet. Since then, their robust participation, input, and feedback have helped shape many key FirstNet opinions and objectives in the nationwide RFP.” FirstNet seeks to broaden outreach and education, he said. “Maintaining and expanding these partnerships is critical for the success of key upcoming milestones for the Network.”

Governors want the network to be successful, McLeod said, but they also wish to be engaged in the process. He said he sees NGA’s role as ensuring governors have information they need about the FirstNet process so they can make good decisions. Vermont Gov. Jim Douglas (R) sits on the FirstNet board, and NGA also has representatives on the Public Safety Advisory Committee, McLeod said. NASCIO members will advise the governors making the decisions, and several state CIOs also are single points of contact (SPOCs), Cooke said. If governors feel they haven’t received a high level of engagement, that’s of concern to state CIOs as well, she said. Cooke predicted the national public safety network will be a big conversation topic at NASCIO’s annual conference Sept. 18-21.

Opt-Outs Hard

State opt-outs could confuse the economics of the public safety network, but FirstNet is developing a strategy for such a scenario, Reed said in April (see 1604120046). But opting out is not an option for most states, the state association officials said.

“The legislation made it pretty clear from Day One that opting out was going to be a hurdle,” said Cooke. As FirstNet, NTIA and others have released more details about implementing the statute, “it’s only become clearer that it’s going to be a very, very difficult process to opt out,” she said. To be in a position to opt out, a state will need vast resources, a vendor partner and extensive project management experience, she said.

Only a “handful” of states are in a position to consider opting out of FirstNet, said McLeod, estimating it's fewer than 10. The biggest reason states won’t opt out is “the potential liability states would take on if they were to opt out and … be responsible for building out and maintaining the network for the future,” he said. “The risk and benefits of doing that doesn’t make sense for most states to opt out.” While states can apply for funding from NTIA to support alternative plans, he said “they alone will be responsible for maintaining it, and those costs at this point are really kind of unknown.”

Colorado is developing an alternative plan to present to its governor next fall. "Colorado continues to engage with FirstNet through the state consultation process, and the issue of coverage expectations -- especially in rural areas -- is one of the primary discussion points,” emailed Colorado SPOC Brian Shepherd. “We have concerns that the national plan will not meet our state and local needs, so we continue to develop an alternative plan.” Colorado issued a request for information this spring and is reviewing 10 responses, Shepherd said. “Our goal is to have an alternative strategy selected and vetted by the time we receive FirstNet's proposed state plan. By doing so, we will ensure that Colorado's decision is based on comprehensive information and is the best solution for our first responders.”

Requesting information about alternative plans doesn’t necessarily mean a state will opt out, said Cooke. Some states may want evidence so they can make a more informed call when the FirstNet plans arrive, she said. At a conference last June (see 1606080046), Shepherd conceded “opting out is very, very difficult. … But our perspective is that this is really a sea change for communication, and it’s probably one of the most important decisions we’ll make in terms of first-responder communications in the next 25 years.”