firstnet: recent developments and current uncertainties for local governments

Telecommunications Law

FirstNet Status/Issues and the Future of PublicSafety Communications Networks

Sunday, April 14, 2012

Nicholas MillerBest Best & Krieger

Washington, DC

International Municipal Lawyers Association

2013 Spring Conference, Washington, DC

©2012 International Municipal Lawyers Association. This is an informational andeducational report distributed by the International Municipal Lawyers Association.IMLA assumes no responsibility for the policies or positions presented in the reportor for the presentation of its contents.


Introduction

•Best Best & Krieger Background in 700 MHz

•Recent History of 700 MHz Public SafetyWireless

•FirstNet Actions to Date

•Major Challenges for Local Government

•Unanswered Questions


Best Best & Krieger Background

• Houston 700 MHz narrow band $116M contract Motorola BAFO RFP process

Construction Contract Compliance

• BayRICS General Counsel to JPA

Washington DC Counsel for NTIA and FCC

Negotiated Joint Venture with Motorola

Assisting on FirstNet Spectrum Lease discussions

• STA Spectrum process

• BTOP funding and Spectrum Lease Discussions


History of 700 MHz Public Safety

•1990:s FCC reallocation of UHF broadcastingMost auctioned to commercial cellular operators

10MHz to Public Safety “broadband”

10MHz to Public Safety “narrowband” (or voice)

•Public Safety Spectrum Trust

•700 MHz narrowband licensed to individualcommunities (like Houston)

•D Block (an additional 10MHz) to be auctionedfor public private joint venture with PSST


First Net Legislation

•Title VI of Middle Class Tax Relief and JobCreation Act of 2012, Pub. L. No. 112-96, 126Stat 156 (2012), 47 U.S.C. 1420, et seq.

•Reallocate T Band

•Reallocate 700 Public Safety broadband + DBlock to FirstNet (10 x 10)

•Create FirstNet as “independent authoritywithin NTIA”


FirstNet Legislation

• 15 member board (4 for state and local governmentand public safety)

• “take all action necessary” to build, deploy andoperate network . . . in consultation with federal,state, tribal and local public policy entities”

• $2B immediately and $7B potential for deployment

• “Leveraging, to the maximum extent economicallydesirable, existing commercial wireless infrastructure”47 USC 1426(b)(1).


Developments Since Legislation

•NTIA froze all LTE funding for 7 BTOP grantees

•FCC terminated all 700 Mhz “waivers”

•FCC created “STA” process for interimoperations; then granted one and deniedothers

•NTIA publicly opposed any interim operationsthat would limit FirstNet’s options


FCC STA Process

•Texas (Harris County) got STA, as “imminentand ready to operate” (not a BTOP grantee)

•BayRICS denied an STA

1. wouldn’t be operational during 6 monthgrant

2. funding not certain (NTIA had frozen $)

3. BayRICS should get NTIA and FirstNetconcurrence for interim operation.


FirstNet Organizes

•Aug 20. 2012: 12 public members appointedhttp://www.commerce.gov/news/factsheets/2012/08/20/fact-sheet-first-responder-network-authority-

firstnet

Tim Bryan, CEO, National Rural Telecommunications CooperativeCharles “Chuck” Dowd, Deputy Chief, New York Police DepartmentF. Craig Farrill, Wireless telecommunications executivePaul Fitzgerald, Sheriff, Story County, IowaSam Ginn (Chairman), Retired telecommunications executiveJeffrey Johnson, CEO Western Fire Chiefs AssociationWilliam Keever, Retired telecommunications executiveKevin McGinnis, Chief/CEO North East Mobile Health ServicesEd Reynolds, Retired telecommunications executiveSusan Swenson, Telecommunication/technology executiveTeri Takai, Former CIO for states of Michigan and CaliforniaWellington Webb, Former Mayor, Denver CO

Secretary: Uzoma Onyeije (202) 482–0016; [email protected].

http://www.commerce.gov/news/factsheets/2012/08/20/fact-sheet-first-responder-network-authority-firstnet



mailto:[email protected]


FirstNet Organizes

• Quarterly Board Meetings• Actions to Date: by-laws/organization Received FCC frequency license grant Reveals possible high-level architecture/business relationships—

• very significant slide deck by Mr. Ferrill

• http://www.ntia.doc.gov/other-publication/2012/firstnet-board-actions-09252012

• Chair Ginn:

FirstNet looks to smart phone development model

FirstNet runs the network carrying “apps”

Public Safety Community develops or asks FirstNet to develop apps

NTIA Notice of Inquiry to get ideas and reactions from Public Safetycommunity and commercial carriers.

http://www.ntia.doc.gov/other-publication/2012/firstnet-board-actions-09252012




NTIA Notice of Inquiry

• Released October 1, 2012; comments November 1,2012):

• Comments on: Conceptual network architecture Other network and business plan considerations How to develop applications for public safety users

• http://www.ntia.doc.gov/federal-register-notice/2012/notice-inquiry-firstnet-conceptual-network-architecture

• Surprising unanimity from Public Safety Community

http://www.ntia.doc.gov/federal-register-notice/2012/notice-inquiry-firstnet-conceptual-network-architecture





FCC NPRM

•Notice of Proposed Rulemaking (“NPRM”), FCC13-31, released March 8, 2013.

•3 main topics: technical rules re interference potential re antenna

height and power, emissions and field strength

the nature of FCC relationship with FirstNet as alicensee

when and how to clear the 700 MHz spectrumallotted for PSWB – including commercial “D Block”and some public safety “narrowband” users.


FCC NPRM• 700 MHz Incumbent Narrowband Operations:Jurisdictions Holding Site-Based Licenses for Narrowband Operation in the Public Safety Broadband Spectrum

• Adams County, CO*

• Anoka County, MN

• Arapahoe County, CO*

• Bannock County, ID

• Bingham County, ID

• Carver County, MN

• Chisago County, MN

• Cinnaminson Township, NJ*

• Colorado Springs, CO*

• Dakota County, MN

• Eagle County, CO*

• Escanaba, MI*

• Garfield County, CO*

• Glendale, AZ*

• Hennepin County, MN

• Kalamazoo County, MI*

• Los Angeles, CA*

• Maricopa County, AZ*

• Marshall, MI*

• Commonwealth of Massachusetts*

• State of Missouri

• Monroe County, MI*

• Pierce Transit (WA)

• Pueblo, CO*

• Stamford, CT*

• St. Clair County, IL*

• St. Louis (MO) Police Dep’t*

• State of Tennessee*

• Washington County, MN

• *licensed for operation of mobile stations only


FCC NPRM

• States Certifying Operation of 700 MHz Incumbent Narrowband Systems (as of2007) Arizona Colorado Georgia** Hawaii Idaho Illinois Louisiana Massachusetts Nebraska New York North Carolina Ohio Oregon Tennessee Texas Virginia


Major Challenges Ahead

Managing the procurement process How incorporate local priorities? What Are Appropriate Quality of Service standards for Public Safety

Incorporating the use of existing local assets—Each community is unique Backhaul Structures/towers Local knowledge

Managing and coordinating the multiple participants and stakeholders Balance demand vs cost to communities Commercial networks traffic management policies User equipment variations Open architecture


Measures of Success

• States do not “opt out”

• Cost containment

• Services that deliver

Coverage/capacity

Public safety grade Quality of Service

Applications when and where needed

•Prices public safety can afford


Questions

Will FirstNet be a stand-alone network ornetwork of networks?

Farrill Presentation:

• Impractical to build stand alone network

• No single commercial carrier has ubiquitous coverage

• Must take advantage of existing architecture and sparecapacity

• Redundancy requires several parallel operationalpathways


Questions

• What is the time to deployment? If joint venture with commercial providers, initial service could be soon

Farrill predicts 2013 to 2014 timeframe If building from scratch, initial service is probably 5 years away.

• What is the mostly likely build-out model? Most logical: a lego-block approach:

• starting with the BTOP grantees, to resolve issues re

Signal coverage and equipment testing

Operational protocols

Public private organizational models

Standards (quality of service; interoperability; open architecture)

• then contracting for excess capacity on commercial networks,

• then building out the remaining doughnut holes.


Questions

• How will FirstNet involve commercial wirelessproviders? Farrill Presentation:

• “Substantial industry collaboration around user requirements,inteoprability and technology”

• Look to “Mobile Network Operator (MNO) partners to develop andconstruct the nationwide network infrastructure”

• Private sector will be involved—but a spectrum ofpossibilities providing part of network functions and facilities to a single national system contractor providing turn-key build,

operate and manage network.


Conclusion

• FirstNet is a Revolutionary Change in Approach from PSST: Spectrum is allocated Substantial funding is provided Major organizational steps in last 6 months

• Many Challenges Remain Will Public Safety community drive design and operational decisions? State, local and federal coordination—state opt outs? Technology standards not set and unresolved operational challenges

• Amount of throughput

• Fast-moving mobile handoffs

• voice transmission

• Latency and signal stability

Costs, prices, alternatives:

• FirstNet board members said public safety agencies should pay competitive monthly rates in linewith those of commercial services.

• FCC Commissioner Pai testifies that spectrum auctions might not raise enough money to pay for FirstNetbuildout.

• Active and Aggressive Participation is Essential


Nicholas [email protected] Best & Krieger2000 Pennsylvania Avenue N.W.Suite 4300Washington, DC 20006Phone: (202) 785-0600Fax: (202) 785-1234Cell: (202) 256-0163Website: www.bbklaw.com

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