FirstNet officials: First states could opt into the network next fall

Of course, the law that established FirstNet includes language that allows a state or territory to “opt out” of FirstNet. However, the decision—to be made by each state’s governor—is less about whether to be part of the FirstNet network than it is about whether the state believes it would be better served by building the broadband network itself, while meeting all of FirstNet’s requirements for network interoperability.

States and territories that choose to opt out still can receive some funding for deploying their network—based on available money and getting a series of approvals—but all costs associated with operating the network would be borne by the state or territory, not FirstNet.

Given the fact that most states are facing significant budgetary pressures, assuming such a new, uncapped expense such as operating a statewide broadband network is not expected to be attractive to elected officials, D’Agostino said.

“You have to ask yourself, in that case: If FirstNet does our job of working together from the bottom up, how could it ever be economically more efficient to opt out?” he said.

Farrill echoed this sentiment.

“We spoke with the writers of the bill, and that’s what they were trying to protect against—the [potential] failure on the part of FirstNet,” Farrill said. “What if FirstNet doesn’t come forward and deliver? What if they promise and fail? Then the state could say, ‘We’re going to opt out, because this plan isn’t viable.’

“It wasn’t as much about how many states are sitting there with $300 million to put in the ground. There are not a lot of them—I think the number is zero. They need to be able to be assured that their needs are going to be met. FirstNet is really here to listen to the needs and meet the needs of the states in a collaborative effort.”

If FirstNet does a good job of engaging the states, the opt-in/opt-out decision should not take the full 90 days allowed by the law. With this in mind, D’Agostino said the earliest that states likely could make their decisions would be next fall.

“I think we will have clarity internally in the February-March timeframe of what opt-in looks like,” he said. “We’re going to socialize that with key stakeholders in public safety and in the state. Then, our outreach program should be taking on some significant momentum, probably in the February-late March timeframe, and you’ll probably have at least 90 days of conversation with a state, which would be mid-year next year.

“So, maybe by August or September of next year, we might be in a position to have the first state plans ready to present.”