Fork in the Road: Is FirstNet ready to address potential national public-safety network vulnerabilities?

Further, recent history should cause stakeholders to question whether the federal government is capable of executing a massive infrastructure and technology program. As you will recall, the Secure Border Initiative not only failed, but also failed miserably. Billions of dollars were wasted when the system did not meet user requirements and was rejected by operators. FirstNet’s procurement officials are on loan from the Department of Interior.  Undoubtedly, they are talented professionals, but perhaps first responders from across the country could be pulled into the procurement process more directly, allowing for extensive review of user requirements and technology before committing billions to any particular bid. 

Or the answer may very well be that a new, nationwide network is not the best way to achieve interoperability. Right now, state and local agencies have flexibility in the technology they select and how they choose to use it. FirstNet has the potential to become an obtuse, one-size-fits all solution imposed on agencies across the country facing extremely diverse problems, conditions, and geography. There are some benefits to regional—as opposed to national—solutions.

Moreover, the federal government managing the network used by state and local public officials has the potential to disrupt the balance in our federal system. Under the Constitution, police power was implicitly reserved to the states. While federal law enforcement and emergency management have grown exponentially in the last 50 years, FirstNet could blur the lines between federal and state power like never before. It remains unclear what limitations—if any—would be imposed on the federal government in regard to its accessing or monitoring the information communicated on the network by state and local officials.

Finally, with a program of this size, it is likely only large contractors with deep resources that will be positioned to submit bids. But Congress should consider whether granting preferences to small businesses across the country would spur innovation and local economies.

The Senate Commerce Committee—chaired by Sen. John Thune (R-S.D.)—held a hearing this spring to discuss getting FirstNet on track. Today, a subcommittee of the House Commerce Committee chaired by Rep. Greg Walden (R-Ore.) will conduct a hearing that will allow for further rigorous discussion regarding realities of this program and FirstNet’s draft Request for Proposal (RFP) released in May. Hearings such as these are crucial to keeping the conversation going. 

In just 18 months, a new President and Congress will be in office. Now is the window to decide whether our first responders are best served by a $40 billion nationwide network managed by bureaucracy or by state and local systems working in regional partnership. The 9/11 Commission sought interoperability; Congress and our governors must decide whether we get there through federal fiat.

James Norton is a homeland-security and public-safety policy expert. He has served as a senior defense-industry executive and as Deputy Assistant Secretary of the U.S. Department of Homeland Security in the Office of Legislative Affairs. He is an adjunct professor at Johns Hopkins University, teaching courses on cyber, homeland security and the legislative process. He has been lauded on both sides of the aisle for his pragmatic approach to the issues. Follow him on twitter @jamesnorton99