Governors’ rep to Senate: States want more input into FirstNet plans, opt-out alternative is a ‘false choice’ for most

FirstNet officials have indicated that they hope to select a contractor by Nov. 1—a timeline that Andrew Kataros, the U.S. Department of Commerce’s assistant inspector general for audit described as “aggressive.”

As part of its bid, the contractor will have established a deployment plan for each state and territory, addressing both urban and rural coverage. After the award is made, these draft plans will be submitted to officials representing each state and territory for review—but not to the extent that state officials would like, McLeod said.

“During the development of the state plan, states will be seeing drafts of those plans, but the final plan that will be submitted to them, they will not have an opportunity to suggest revisions or that revisions would be made,” McLeod said. “I think that goes to the sense that, if it were a true partnership, states would be more engaged in the development of that plan beyond just the consultations that have been happening.”

Poth agreed FirstNet will not be in a position to make significant changes to the proposed state plan during this phase.

“We’re going to be, at that point, under a contract with our partner,” Poth said. “We have submitted into the RFP all of the state data—unfiltered—of what each state and territory felt was important.

“We plan to give a draft to the state, so they have plenty of time to understand the coverage, the cost and what is being proposed. There are opportunities for feedback, but we are going to have some limitations—since it will already going to be under a contract term—as to how much variation [can be made in the state plan], if a state felt it was important.”

The only state that has not participated in FirstNet’s formal consultation and provided input about what it wants from a state plan is Mississippi—the home state of subcommittee Chairman Roger Wicker (R-Miss.).

Poth said that FirstNet officials “don’t want the states to be surprised what the plan is,” so states can expect that FirstNet will provide significant education on the topic. He also noted that FirstNet has designed its agreement to reinvest funds back into the network to refresh technology and enhance coverage throughout the nation.

“It may not be Day 1 that a state or a public-safety agency gets everything they want, but we do have a mechanism in place to continue to fund, not only for our financial sustainability but to grow the network and the technology,” Poth said.

If state officials do not like the state plan submitted by FirstNet and its contractor, the law include a provision for a governor to “opt out” of FirstNet, which would mean that the state would be responsible for building and maintaining the radio access network (RAN) within its jurisdiction. While the opt-out alternative is a legal option, it is not a practical choice for most governors, McLeod said.

“To many states, the opt-out scenario is a false choice,” McLeod said. “While there are a number of unknowns associated with opting in, very few states are in a position to consider taking on the unknowable—and likely significant—financial liabilities associated with building, operating, maintaining and upgrading a full radio access network in their states, if they choose to opt out.”