Opt-Out States May Fall Behind, FirstNet to Warn at House Hearing
States that opt out of FirstNet may straggle compared with opt-in states, but the authority won’t leave them behind, CEO Mike Poth plans to say at a Wednesday House Communications Subcommittee hearing. In written testimony released Tuesday, Poth and an AT&T official painted opt-in as the smarter path, but a New Hampshire official complained about "absurd" penalty fees acting as an unfair deterrent to opting opt. States have until Dec. 28 to decide whether to opt out. Separately, GAO sent the House Commerce Committee a report recommending Safecom and the Public Safety Advisory Council (PSAC) investigate tribal and local complaints that they're inadequately represented in the bodies.
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States that opt out may be “at least two years behind states that opt in” due to statutorily mandated processes, Poth says. Opting in “is a low-risk option that will support faster delivery of services to the state’s public safety community,” he says: “We anticipate a significant number of opt-in announcements over the weeks and months ahead now that the 90-day clock has started.” AT&T Senior Vice President-FirstNet Chris Sambar will testify many of the 25 states and two territories that already opted in cited low risk, expanded coverage, increased network capacity and immediate access to capabilities.
“FirstNet will do everything we can to make that opt-out process a success," Poth says. "Public safety cannot afford to have areas of no service.”
“States are now being threatened with outrageous and indefensible penalties that deter states from even considering an opt-out,” New Hampshire Statewide Interoperability Coordinator John Stevens says. “It honestly makes one believe that the [spectrum manager lease agreement] is fraught with fictitious and erroneous figures only to apply pressure on states to opt-in.” Under the SMLA, New Hampshire might have to pay a termination penalty from $10.6 million to $608.6 million if it opts out and the alternative fails, Stevens says. “Other states have been advised that their termination penalty payments will be in the billions and billions.” It’s not clear who gets the money, he adds. “What are we promoting here, public safety and the ability to provide better service to our citizens, or lining the pockets of corporate America?” New Hampshire asked Rivada to provide an alternative plan and Gov. Chris Sununu (R) set up an opt-our review committee (see 1710160063).
“States should be on equal terms in building and operating their own state networks, and should not be subjected to stricter limitations or harsher penalties or fees than AT&T,” ex-District of Columbia Chief Technology Officer Robert LeGrande will testify. Testimony wasn't available for Virginia Public Safety and Homeland Security Secretary Brian Moran. Virginia was the first state to opt in.
The AT&T and FirstNet witnesses stress their engagement with states. Sambar cites “countless meetings with state decision makers and public safety stakeholders to answer any questions they might have.” Poth counts more than 140,000 engagements between FirstNet and public safety officials. He says FirstNet and AT&T will continue to answer states’ questions as they decide.
Sambar clarifies how AT&T defines priority access for public safety. “In times of emergencies and network congestion, our network will give first responder communications precedence and, for ‘primary users,’" preempting all other communications, he says. “A local commander can temporarily provide priority or preemptive access to individuals for a limited duration during a specific incident in a particular geographic area. For example, in a hurricane, the commander could designate evacuation vehicles as having priority prior to the storm hitting as people leave the area, then shifting priority to medical personnel and utility workers after.”
AT&T met the first set of milestones in its contract and is “on track” to deliver on the rest, says Sambar. The FirstNet team inside AT&T will have “several hundred employees by year’s end,” he says.
GAO urged investigations by FirstNet and the Department of Homeland Security Office of Emergency Communications into tribal, county and municipal concerns they’re not fully represented on Safecom or PSAC. “Without greater inclusion of these stakeholders, there is the risk that their concerns and views are not being incorporated into the efforts of SAFECOM and PSAC to improve the interoperability of emergency communications,” GAO reported. “There is also the risk that their information needs are not being met by the information coming from SAFECOM and PSAC, possibly affecting their ability to make sound decisions regarding budgeting for and purchasing emergency communications equipment.” DHS and the Commerce Department concurred with recommendations and said they’ll act, GAO said.
Overlapping missions of groups promoting interoperability in public safety communications isn’t bad, GAO said, listing PSAC, Safecom, DHS, the Emergency Communications Preparedness Center and National Council of Statewide Interoperability Coordinators. Their missions and memberships may overlap, but each has a “specific focus and role” and they collaborate effectively, GAO said. “The organizations are complementary and not duplicative and that the overlap in mission ... appears to have positive effects.”