9. States push back against preliminary FirstNet legal interpretations on optout alternative
Several states and territories expressed criticism of FirstNet’s preliminary legal interpretation of opt-out options, asking for detailed clarity in FirstNet’s state plans and questioning whether the federal entity is legally authorized to take some of the stances its staff has proposed.
Multiple state comments in court filings noted that the sequence of steps a state must follow to exercise its opt-out should be revisited. If a governor chooses the opt-out route within the 90-day period, the state has 180 days to conduct an RFP and submit its RAN plan to the FCC for consideration. After clearing that hurdle, the potential opt-out state would ask the National Telecommunications and Information Administration (NTIA) for permission to apply for a spectrum-lease agreement from FirstNet.
“FirstNet must consider its state plan, when delivered, [to be] a binding contract rather than a simple promise,” according to the State of Washington filing. “Unless FirstNet considers the state plan a binding contract, then the entire consultation process is relatively meaningless.”
Several states and territories expressed criticism of FirstNet’s preliminary legal interpretation of opt-out options, asking for detailed clarity in FirstNet’s state plans and questioning whether the federal entity is legally authorized to take some of the stances its staff has proposed.
Multiple state comments in court filings noted that the sequence of steps a state must follow to exercise its opt-out should be revisited. If a governor chooses the opt-out route within the 90-day period, the state has 180 days to conduct an RFP and submit its RAN plan to the FCC for consideration. After clearing that hurdle, the potential opt-out state would ask the National Telecommunications and Information Administration (NTIA) for permission to apply for a spectrum-lease agreement from FirstNet.
“FirstNet must consider its state plan, when delivered, [to be] a binding contract rather than a simple promise,” according to the State of Washington filing. “Unless FirstNet considers the state plan a binding contract, then the entire consultation process is relatively meaningless.”
