Rivada Networks co-CEO Joe Euteneuer also emphasized Rivada Networks’ opt-out strategy.

“We are fully prepared to execute our plan to work with the states to build state-of-the art, dedicated networks for Public Safety,” Euteneuer said in a prepared statement. “We applaud New Hampshire’s recognition of Rivada’s experienced management team, technology, and technical expertise and believe many other states will make a similar selection.

FirstNet has made its choice. Now it is time for states to make theirs. Those that stand by idly will be forced into a federal solution that may or may not suit their needs or budgets. We look forward to working with the states to ensure that they receive a network equal to the promise made to public safety when FirstNet was created.”

In addition to addressing Rivada Networks’ opportunities, Ganley stated that “we are considering our options for appeal.”

Procurement sources indicate that awarding the contract to AT&T in the near term—some sources have speculated that it could be done within a week or two—is legal, even if there is an appeal. But one consideration for the FirstNet board is that all of the post-award activities would be extremely difficult to “undo” and replicate, if Rivada Mercury were to win an appeal of today’s court decisions and eventually emerge as FirstNet’s nationwide contractor, according to multiple sources. 

Of course, that scenario could become reality only if Rivada Mercury were to win an appeal and be selected as the superior bid to AT&T by an evaluators that already determined that Rivada Mercury offering is not in the same “competitive range” as the AT&T proposal. If the FirstNet board is confident that today’s court rulings will be upheld or that AT&T would emerge as the procurement winner, then proceeding with the nationwide award would be appropriate, according to legal and procurement sources.

For public safety, an award would mark a significant milestone in the effort to provide a nationwide interoperable communications network for public safety—the lone recommendation from the 9/11 Commission that has not been implemented to date. Congress approved the legislation establishing FirstNet five years ago, in February 2012.