FirstNet: Recent Developments and Current Uncertainties for Local Governments at 2013 IMLA Mid-Year Seminar

1. Telecommunications Law
FirstNet Status/Issues and the Future of Public
Safety Communications Networks
Sunday, April 14, 2012
Nicholas Miller
Best Best & Krieger
Washington, DC
International Municipal Lawyers Association
2013 Spring Conference, Washington, DC
©2012 International Municipal Lawyers Association. This is an informational and
educational report distributed by the International Municipal Lawyers Association.
IMLA assumes no responsibility for the policies or positions presented in the report
or for the presentation of its contents.

2. Telecommunications Law
Introduction
•Best Best & Krieger Background in 700 MHz
•Recent History of 700 MHz Public Safety
Wireless
•FirstNet Actions to Date
•Major Challenges for Local Government
•Unanswered Questions

3. Telecommunications Law
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

4. Telecommunications Law
History of 700 MHz Public Safety
•1990:s FCC reallocation of UHF broadcasting
 Most 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 individual
communities (like Houston)
•D Block (an additional 10MHz) to be auctioned
for public private joint venture with PSST

5. Telecommunications Law
First Net Legislation
•Title VI of Middle Class Tax Relief and Job
Creation Act of 2012, Pub. L. No. 112-96, 126
Stat 156 (2012), 47 U.S.C. 1420, et seq.
•Reallocate T Band
•Reallocate 700 Public Safety broadband + D
Block to FirstNet (10 x 10)
•Create FirstNet as “independent authority
within NTIA”

6. Telecommunications Law
FirstNet Legislation
• 15 member board (4 for state and local government
and public safety)
• “take all action necessary” to build, deploy and
operate network . . . in consultation with federal,
state, tribal and local public policy entities”
• $2B immediately and $7B potential for deployment
• “Leveraging, to the maximum extent economically
desirable, existing commercial wireless infrastructure”
47 USC 1426(b)(1).

7. Telecommunications Law
Developments Since Legislation
•NTIA froze all LTE funding for 7 BTOP grantees
•FCC terminated all 700 Mhz “waivers”
•FCC created “STA” process for interim
operations; then granted one and denied
others
•NTIA publicly opposed any interim operations
that would limit FirstNet’s options

8. Telecommunications Law
FCC STA Process
•Texas (Harris County) got STA, as “imminent
and ready to operate” (not a BTOP grantee)
•BayRICS denied an STA
 1. wouldn’t be operational during 6 month
grant
 2. funding not certain (NTIA had frozen $)
 3. BayRICS should get NTIA and FirstNet
concurrence for interim operation.

9. Telecommunications Law
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 Cooperative
Charles “Chuck” Dowd, Deputy Chief, New York Police Department
F. Craig Farrill, Wireless telecommunications executive
Paul Fitzgerald, Sheriff, Story County, Iowa
Sam Ginn (Chairman), Retired telecommunications executive
Jeffrey Johnson, CEO Western Fire Chiefs Association
William Keever, Retired telecommunications executive
Kevin McGinnis, Chief/CEO North East Mobile Health Services
Ed Reynolds, Retired telecommunications executive
Susan Swenson, Telecommunication/technology executive
Teri Takai, Former CIO for states of Michigan and California
Wellington Webb, Former Mayor, Denver CO
Secretary: Uzoma Onyeije (202) 482–0016; uonyeije@ntia.doc.gov.

10. Telecommunications Law
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 Safety
community and commercial carriers.

11. Telecommunications Law
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

12. Telecommunications Law
FCC NPRM
•Notice of Proposed Rulemaking (“NPRM”), FCC
13-31, 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 a
licensee
 when and how to clear the 700 MHz spectrum
allotted for PSWB – including commercial “D Block”
and some public safety “narrowband” users.

13. Telecommunications Law
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

14. Telecommunications Law
FCC NPRM
• States Certifying Operation of 700 MHz Incumbent Narrowband Systems (as of
2007)
 Arizona
 Colorado
 Georgia**
 Hawaii
 Idaho
 Illinois
 Louisiana
 Massachusetts
 Nebraska
 New York
 North Carolina
 Ohio
 Oregon
 Tennessee
 Texas
 Virginia

15. Telecommunications Law
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

16. Telecommunications Law
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

17. Telecommunications Law
Questions
Will FirstNet be a stand-alone network or
network of networks?
 Farrill Presentation:
• Impractical to build stand alone network
• No single commercial carrier has ubiquitous coverage
• Must take advantage of existing architecture and spare
capacity
• Redundancy requires several parallel operational
pathways

18. Telecommunications Law
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.

19. Telecommunications Law
Questions
• How will FirstNet involve commercial wireless
providers?
 Farrill Presentation:
• “Substantial industry collaboration around user requirements,
inteoprability and technology”
• Look to “Mobile Network Operator (MNO) partners to develop and
construct the nationwide network infrastructure”
• Private sector will be involved—but a spectrum of
possibilities
 providing part of network functions and facilities to
 a single national system contractor providing turn-key build,
operate and manage network.

20. Telecommunications Law
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 line
with those of commercial services.
• FCC Commissioner Pai testifies that spectrum auctions might not raise enough money to pay for FirstNet
buildout.
• Active and Aggressive Participation is Essential

21. Telecommunications Law
Nicholas Miller
Nicholas.Miller@bbklaw.com
Best Best & Krieger
2000 Pennsylvania Avenue N.W.
Suite 4300
Washington, DC 20006
Phone: (202) 785-0600
Fax: (202) 785-1234
Cell: (202) 256-0163
Website: www.bbklaw.com
Contact Information
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