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EDITOR’S LETTER
I
t is a right that state lobbyists fought hard to include in the 2012 federal legislation
that created FirstNet, which is charged with overseeing the development and
maintenance of a nationwide public-safety broadband network—the ability for a
state or territory to “opt out” of FirstNet. After last week’s release of the text for 64
FirstNet legal interpretations, many in the industry question whether “opt out” really
is a practical option.
This is not a surprise. FirstNet t h e m . F i r s t N e t to o k l o g i c a l After all, this is going to be a
officials have indicated their positions in the interpretations, difficult challenge as a
intentions on the subject for given the o rganizatio n’s nationwide project; trying to
s o m e ti m e; t h e f in a l l e ga l mandate to build a nationwide integrate a bunch of opt-out
interpretations just codified network with limited funding. states into the system promises
to be more difficult and could crisis of 20 0 8, but FirstNet upgrade the net work in its
have a negative impact on its officials quickly tried to quash jurisdiction.
economic viability. this notion, noting that the law The good news for states is
Before delving further into the mandates that revenues be put that initial deployment figures
topic, we must provide an back into the network. should be fairly well known by
important clarification for anyone Many officials from densely the time governors make their
reviewing the “opt out” alternative populated states liked the notion d e c i s i o n s — a f te r a l l , b o t h
for the first time: choosing the of putting revenues back into the FirstNet and any opt-out state
opt-out alternative does NOT network, figuring that keeping will have done ex tensive
mean that a state or territory the revenues within the state research into this area . In
would actually get out of FirstNet. would mean that first responders addition, LTE technology is
The “opt out” term is used in the in their jurisdictions could get mature enough that estimating
law, but it is not a very accurate access to a better network with normal maintenance costs can
depiction of the alternative. lower subscriber fees. be done with decent accuracy.
Under the current law, every But FirstNet’s legal The bad news for states is that
state and territory will be part of interpretations undermine that no one has any idea how much it
the nationwide public-safety idea, removing most of the will cost to upgrade the network
broadband network overseen “reward” potential from the risk/ or when upgrades will happen.
by FirstNet. For states and reward equation that governors What we do know is that opt-out
territories, the opt-out alternative must weigh. Without getting into states will have to adhere to all
is about determining which a lot of legalese, FirstNet’s of FirstNet’s network policies,
entity will build and maintain the position is that densely no matter how often or when
LT E radi o ac c e s s n et wo r k populated states choosing to they may be altered.
(RAN) within the jurisdiction. opt out must contribute “Our network policies are
The path of least resistance is financially to the nationwide something that are going to be
for a governor to accept the public-safet y broadband deployed on an ongoing
plan offered by FirstNet, which initiative, just as they would had basis—they’re going to change,
then is responsible for all costs t h ey ac c e pte d F ir st N et ’s they’re going to be variable for a
associated with the build out deployment plan for the state. long period of time, and they’re
and maintenance of the public- “We need to ensure that any c r i t i c a l ,” K a r p s a i d . “ W e
safety LTE network within the revenue that ’s generated — preliminarily concluded in the
state or territory. The alternative particularly in highly dense, original notice and confirm that
is for the governor to choose the p o p u l a t e d a re a s t h a t w i l l our network policies have to
“opt- out” alternative, which generate significant value for apply across the board, whether
would call for the state to deploy the excess capacity available— a state assumes that
and maintain the RAN within its that money is appropriately responsibility or whether it’s
borders while continuing to use reinvested back into the network FirstNet responsibilit y. And
FirstNet’s LTE network core and in a way … that benefits the that’s key.
700 MHz spectrum. entire nation,” FirstNet Acting “That’s key for interoperability,
By law, the decision rests with Chief Counsel Jason Karp said to ensure that we have one
the governor of each state or during the last FirstNet board nationwide network, no matter
territory. The reality is that a meeting. “We don’t want the who is responsible for the
governor unilaterally making a national deployment to, in any deployment of pieces of it. [It’s
decision to opt out—thereby the w a y, s u f f e r b e c a u s e a key to ensure] that public safety,
state or territory to pay network particularly rich state that is able when they cross state
costs in perpetuity—against the to generate significant revenue boundaries, are getting the
wishes of the state legislature because of that population exact same user experience in
and others would be taking a density retains that revenue to State A as they are in State B,
huge political risk, but that is create essentially a higher- because we know public-safety
allowed by law. quality radio access network in incidents don’t stop at the state
S o o n a f te r F i r s t N e t w a s their state than we have in other border.”
created, many governors localities around the country. In other words, governors will
expressed interest in the opt-out “ It ’s c r i t i c a l t h at we a re not know what the ongoing
alternative, which was leveraging the high-density, costs will be, if they choose the
understandable —it was high-revenue-generating areas o p t - o u t a l te r n a t i v e . F o r a
something new, and it outlined in order to pay for the governor making an opt-out
a specific role for each governor. deployment nationally. We think decision, the obligation to
In addition, the opt- out that’s absolutely what Congress remain in sync with FirstNet’s
process got many governors intended. We think that’s the technical policies could be
thinking about myriad intent of the act and what the problematic.
possibilities and synergies. act says, and we reiterate that What if FirstNet calls for an
S o m e s aw F ir st N et a s a conclusion [in the final legal u p g rad e to t h e late st LT E
URGENTCOMM.COM
3
ESChat leverages FirstNet
spectrum in pilot LTE networks
to deliver reliable PTT, other
services by Donny Jackson | November 10, 2015
M
ission-critical push-to- ver y positive, with FirstNet While ESChat is best known
talk (PTT) functionality Colorado offering the following in the industry for its push-to-
likely will not be part of assessment from the proof-of- talk capability, SLA engineers
LTE equipment for some time, concept network deployed at continually have developed
but Band 14 700 MHz spectrum the ski championships. new functionalities in the
licensed to FirstNet promises to “Push -to -talk (P T T ) is a application, Lober said.
provide the dedicated requirement, not an option: Far “ We have evolved our
resources needed to make and away, the most positive product to not only be a push-
over-the-top applications like feedback was the abilit y to to-talk product, but an
ESChat reliable enough for have PTT communications on encrypted, secure
f i r s t- re s p o n d e r u s e to d ay, the LTE device,” the FirstNet communications solution that
a c c o rd i n g t o J o s h L o b e r, Colorado repor t states. includes push-to -talk voice,
president of SLA Corp., which “Additionally, there was a strong secure text and image
developed ESChat. sentiment that the responders messaging, as well as location
“The challenge we always desired to use a single device tracking and mapping,” he
have is the one that FirstNet is for all operations. For example, said. “So, we’ve evolved our
being built to address, and that one first responder said (while system to include many
is having dedicated spectrum,” h o lding up his L M R radio) features.
Lober said during an interview ‘When can I get rid of this?’” “The reliability of our system
with IWCE’s Urgent S in c e 2 0 0 9, E S C h at h a s is well established, and our
Communications. “Better than integrated with LMR networks product is used by the U.S.
99% of the time, operating on using conventional radio-over- military, the federal government,
the commercial network works. IP (RoIP) gateways, but the state and local law enforcement
But, when an incident occurs, interest level in the ESChat P25 across the country, as well as
the public utilizes all of the ISSI media gateway—a solution industry, including some of the
available bandwidth. If it’s at a that leverages the ISSI standard nation’s largest transportation
specific incident site, it’s often in P25 to enable interoperability c o m pa nie s, h otels, sch o o l
taken up with pictures and between a P25 network and districts and universities.”
video, and these things ESChat being used over an LTE B u t t h e re li a b ili t y o f t h e
degrade and impede the net work— has increased application is dependent
performance of any application dramatically during the past 12 largely on the reliability of the
that relies on data, including months, Lober said. network, and having a
NOVEMBER 2015
ESChat. “That enables us to take full dedicated network like the one
“ FirstNet ’s dedicated ad va nt ag e o f t h e fe at u re s promised by FirstNet would
spectrum resolves that. Using supported in ISSI,” Lober said. a d d re s s t h a t f u n d a m e n t a l
today’s technology, FirstNet is “We are able to do not only the need, Lober said.
capable of supporting push-to- group calling, which is available “ It ’s a game changer for
talk voice and not have it be with the conventional RoIP those of us who require real-
affected by what’s happening gateway, but we are also able t i m e i nfo r m a t i o n , a n d t h a t
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STORIES
Click on links below to view articles in separate window
• September 8, 2015
New Jersey public-safety LTE assets help Atlantic City use video to secure events
• September 25, 2015
Preventing a devastating, OPM-like hack of FirstNet
• September 29, 2015
FirstNet is sending out an invite (RFP). Will anyone come?
• October 1, 2015
New Jersey, Pennsylvania officials highlight successful public-safety LTE use during papal visit
• October 2, 2015
FirstNet opts for nationwide acquisition approach for final RFP
• October 5, 2015
FirstNet says opt-out states must share revenues, meet nationwide network policies
• October 8, 2015
FirstNet releases cybersecurity plan, seeks comments by Oct. 16—for now
• October 9, 2015
FirstNet extends comment period on cybersecurity public notice to Oct. 21
• October 19, 2015
Congress grants five-year extension for LA-RICS, other BTOP grant recipients
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8
Williams said that the statewide LMR system Scalera said the Mutualink solution that is
served as the primary means of communication designed to support interoperability and
for law enforcement during the papal visit, but seamless roaming as a user travels between
LTE communications supplemented and the Band 14 public - safet y net work and
interoperated with the LMR network. co mmercial wireless coverage “worked
“Because [JerseyNet LTE] was not our perfectly” during the papal visit.
primary means of communication, it was not Scalera said that all sites in the JerseyNet
utilized extensively by a lot of people,” Williams system were completed by the Sept. 3 0
said. “But those who did use it found that it deadline mandated by law as part of the
worked very well. They had phone capabilities B r o a d b a n d Te c h n o l o g y O p p o r t u n i t i e s
and video capabilities.” Program (BTOP) that funded the public-safety
Given the success of this deployment, LTE system. Now that the papal visit is
Williams said he would like to expand the complete, JerseyNet officials will focus on
partnership with New Jersey next year to testing and optimizing the network, with the
provide similar capabilities over a greater hope of being able to begin running some
geographic area when Philadelphia host the applications on the system within a month,
Democratic National Convention next year. Scalera said.
FirstNet’s legal interpretation is that this stage is a “point of no return” for the opt-
out state: if the FCC approves a state’s opt-out plan, then the state immediately
is on the hook to implement the plan, and FirstNet no longer has an obligation to
build out the RAN in that state. However, it is likely that the state still will not have
a spectrum lease at this point.
— Step 5 — The opt-out state must get approval from the National Telecommunications
IWCE’S URGENT COMMUNICATIONS
10
Whether NTIA or FirstNet question whether any state or public-safety choice could be
should negotiate the spectrum territory believes that a legal met with skepticism.
lease is legally debatable, but challenge would be the best There also are potential issues
the bottom line is that FirstNet is use of resources, and it could in the relationship with FirstNet,
part of NTIA. The more important have negative political as well. Many state officials
implication is that an opt-out ramifications. initially found the opt- out
state would be sitting at the A final issue that the governor alternative appealing, because
negotiating table with FirstNet/ of potential opt-out states should they perceived that it would give
NTIA with very little leverage, consider is an intangible one: the state and territory greater
from a legal standpoint. After all, the role that the state or territory control over the public-safety
the opt-out state has to agree to wants to play in relation to b ro adba n d n et wo r k i n t h e
whatever terms that FirstNet or FirstNet and the public-safety jurisdiction. However, if an opt-
NTIA dictate, or it could be agencies in its jurisdiction. out state has to adhere to
without a public-safety If a governor accepts FirstNet’s network policies, that
broadband network entirely— FirstNet’s plan for the state, then level of control has been called
remember, FirstNet’s obligation the state or territory can be a into question.
to build a RAN in the opt-out full-time supporter and advocate Now, it should be clear that
jurisdiction ended with the FCC for public - safet y agencies’ F i r s t N e t h a s n o t o b j e c te d
approval. Of course, there may requests with FirstNet—it will be formally to states or territories
be other political or public- up to FirstNet to come up with choosing the opt-out alternative,
opinion tactics that a state could the funding and try to meet the nor should it—doing so would
use to improve its negotiating requests. If the requests are not be in direct opposition to the law
position. met, FirstNet is the “bad guy,” passed by Congress. However,
FirstNet also is subject to the and the state/territory can tell while staunchly acknowledging
fundamental rule of government: the public-safety agency about each state’s right to pursue the
if someone doesn’t like a law, other broadband options, opt-out alternative, FirstNet’s
they can always try to change it knowing that it will not impact its final legal interpretations have
in Congress or in court. My initial budget. made an already difficult opt-out
thought is that it would be tough In contrast, an opt-out state process “about as distasteful as
to get Congress to revamp the almost certainly will face some possible,” in the words of one
FirstNet law, but who knows awkward situations. If a public- Beltway source.
what the politics will be by the safety agency makes a request Indeed, given the financial,
time that governors make opt- that cannot be met, the opt-out logistical and intangible factors
out decisions. state or territory becomes the involved in the opt-out process,
A legal challenge would be “bad guy” for not implementing it is difficult to imagine scenarios
intriguing, because the law was it. In addition, there is a chance in which governors would want
written in a manner that certainly that the arrangement will mean to pursue this much-debated
URGENTCOMM.COM
leaves ro o m for debate on the state budget co uld be alternative to accepting the
several issues, which is why impacted by the willingness of FirstNet plan for their states,
FirstNet has spent more than a public-safety agencies in its unless the rules are changed by
year to develop its legal jurisdiction to subscribe to the Congress or the courts.
interpretatio ns. H owever, I network, so its advocacy for
11
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