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'Additional Challenges'?

Walden, Eshoo Plan To Tout FirstNet's Recent Improvements

House Communications Subcommittee Chairman Greg Walden, R-Ore., believes the early “missteps” of FirstNet are now “behind us,” he plans to say in his opening statement during Tuesday’s FirstNet oversight hearing. He will tout what he considers progress from his last FirstNet hearing more than a year ago but worry about the findings of a recent GAO report. “But that is not to say that there aren’t additional challenges,” Walden will say.

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The FirstNet business model is still undefined,” Ohio Chief Information Officer Stu Davis plans to testify. “Based on recent discussion at our State consultation meeting it appears that it will be defined by the successful bidder through the RFP [request for proposal] process. The business model is critical to know and understand for the sustainability of the effort. Building the cost recovery and usage rates will be instrumental in the adoption of this effort.” Davis will underscore ambiguity about user community access and secondary use, citing what he sees as a good case from the utilities for priority access. Davis wants FirstNet to cover at least 97.5 percent of Ohio but is worried: “I am concerned that in the long run, the rural and remote areas of the state will be under represented.”

FirstNet acting Executive Director TJ Kennedy will defend the network's progress and course corrections along. The national public safety broadband network has faced much evaluation over the past half year. The Commerce Office of Inspector General released a report on the public safety broadband network in December, the GAO released a report in April and the Congressional Research Service released a report in May. The Senate Commerce Committee held its first hearing on FirstNet in March (see 1503110045).

"FirstNet has a positive working relationship with the OIG and GAO, and we look forward to continuing our open and constructive coordination with these offices," Kennedy plans to testify. "FirstNet remains committed to achieving our objectives, and we can only do so with the support of Congress, the public safety community, the private sector, and local, state, tribal, and Federal leaders."

It’s critical that wireless carriers of all sizes have an opportunity to partner with FirstNet,” subcommittee ranking member Anna Eshoo, D-Calif., plans to say in her opening statement. “Regional and/or rural providers will have an important role to play, both in building the network as well as being able to provide consumers with enhanced wireless broadband service when the network is not needed by emergency personnel.” Eshoo also plans to dismiss $5,000 public safety radios as “out” and say the devices “must be truly interoperable and capable of withstanding the physical challenges that first responders face every day.” FirstNet operations must align with standards and technologies of next generation-911, Eshoo plans to say.

House Republicans’ majority memo pointed to progress that FirstNet has made but said success still isn't guaranteed. “FirstNet’s early history is one of starts and stops, intermittent silence, confused messaging, and failures in outreach and consultation with public safety and other stakeholders,” the memo said. “These missteps fueled frustration and a lack of confidence among stakeholders many of whom harbored concerns regarding FirstNet’s administration and lack of openness and transparency in the Board’s decision-making.” Leadership changes in 2014 seemed to have “brought to a close the controversy,” the memo said, citing progress and praising the recent requests for information and outreach. But it mentioned the questions raised by the April GAO report, such as lack of “effective internal controls,” the lack of a plan to assess its Early Builder Projects and that FirstNet “faces difficult decisions in determining how to pay for” its network.

Commerce Democrats also lauded steps forward. “Since the subcommittee’s last hearing on the topic in 2013, FirstNet has made significant progress building its organization and developing and executing a strategic plan to meet its goals,” the Democratic memo said. “FirstNet is coordinating with and educating stakeholders in addition to building a detailed public record on which to base key decisions.”

Ohio's Davis also plans to discuss what he considers “significant progress” for FirstNet, a sentiment Eshoo will also convey. Davis plans to praise how FirstNet officials have conducted outreach and their view of states as partners in the progress. Eshoo plans to mention the billions of dollars in revenue from the FCC AWS-3 spectrum auction, expected to fully fund FirstNet’s operations.

Oversight of FirstNet remains an issue, as you know from the IG and the GAO,” Walden told reporters earlier this month. “There are management issues that have been problematic at FirstNet. We’re beginning to hear from some first responder groups about concerns they have as this goes forward, which is natural -- it’s a big project, it’s new.” Walden told us in April, the same week the GAO released its FirstNet report, that he anticipated an oversight hearing (see 1504290005). Walden hopes to leave the hearing with a “higher level of comfort in FirstNet’s progress and confidence in the way it is conducting its business,” his opening statement said. “We witnessed FirstNet’s information collections and consultation and outreach activities accelerate throughout 2014. The feedback gathered has informed discussions on deployment and brought productive debate among stakeholders.”

The Democratic memo lists New Jersey Office of Homeland Security and Preparedness Public Safety Broadband Program Manager Fred Scalera as an invited witness. But the House Commerce Committee website doesn't include Scalera among witnesses on the hearing Web page. The hearing will be at 2 p.m. Tuesday in 2322 Rayburn.