Month: July 2017

Rinehart’s Regulatory Review June 2017, by Bette Rinehart

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FCC Establishes Process for State “Opt-Out”

On June 19, FirstNet announced that it would be delivering to each state, via web portal, its proposal describing how it intends to build out the Radio Access Network (RAN). States will have 45 days to review the proposal and exchange feedback to FirstNet before the 90 day response period begins.  States who opt out of the FirstNet plan must submit their proposal to develop a state RAN to the FCC for that agency’s approval.  To get FCC approval, the state-proposed RAN must interoperate with the FirstNet broadband network.

This month the FCC established the timeline and process by which a state will notify the Commission of the decision to opt out as well as the FCC’s review process.

In the Report & Order the FCC determined:

  • FirstNet must notify the FCC of the date on which plans are delivered to a state or states
  • FCC must issue a Public Notice announcing the deadline by which the state or states must provide opt out notifications to FirstNet, NTIA and the FCC
  • States will have 90 days after receiving the final plan to review the FirstNet proposal and either accept it or opt out and build their own RAN.
    • Opt Out Notice must include certification that NTIA and FirstNet were notified
    • A special email address will be established for this purpose
  • Either the Governor or a designee may provide the notice
    • Governor must provide written notice of the delegation of authority
  • After opting out, the state has 180 days to:
    • Develop and issue an RFP providing for full deployment of the state RAN (not just development of a plan),
    • Receive firm bids in response to the RFP
    • Select a winning bidder
  • After selecting a winning bidder, the state has an additional 60 days to finalize their opt out plans
  • Opt out plans must be filed with the FCC within 240 days of the opt out notification
    • Filers may request confidential treatment of their Plan
  • Plans must address:
    • The four general subjects identified in the Act – construction, operation, maintenance and improvements of the state RAN
    • The two interoperability requirements set forth in the Act and
    • The Technical Advisory Board for First Responder Interoperability Report requirements for the RAN
  • The Plan must include a certification that the 180-day timeframe was met
  • The Plan must include a certification by the Governor or a designee, confirming the state’s adherence to FirstNet network policies relating to technical interoperability as well as to the Interoperability Board Report recommendations
  • Plans should follow the statute, have clear headers identifying each required element and an explanation as to how the state plan meets the requirements
    • Suggested headers are: Construction, Maintenance, Operation, Improvements of the RAN
    • Simply attaching the RFP will not be sufficient
  • Each filing will be treated as a separate restricted proceeding with the parties initially limited to the State, the NTIA and FirstNet
  • After the opt out period has elapsed, the FCC will release a Public Notice listing states which have opted out, each with a separate rulemaking proceeding
    • Parties other than the state, NTIA and FirstNet will have 30 days to ask to participate in the review of the state opt out plan.
      • Anyone making such a filing will have to explain why they are interested in the proceeding, how their participation would help the FCC in its review of the opt out plan and why their interests are not represented by either FirstNet, NTIA or the state.
  • The FCC will make an initial review (within 10 business days of filing if possible) of the opt out plans to ensure that they meet the filing criteria and issue one or more Public Notices announcing that the application has been “accepted for filing.”
    • The Accepted for Filing Public Notice will start the 90 day aspirational “shot clock” established by the FCC during which it must review and approve or dismiss the opt out plans
    • Within 15 days of the “accepted for filing Public Notice,” NITA, FirstNet and any others who have been granted party status in the proceeding must review and provide comments on the state opt out plan
    • The state will have 15 days to respond to any comments filed, by either amending their plan or filing reply comments
      • States may respond only to issues raised in Comments; they may not amend other areas of their plan
  • The FCC will suspend its 90-day “shot clock” only under special circumstances such as a national, state or local emergency that would require diversion of Commission resources to address the emergency.
  • FCC review of the opt out plans will be limited to:
    • The RAN elements (defined as cell site equipment, antennas and backhaul equipment) required to enable communications with subscriber devices using the PS broadband spectrum
    • Does the plan demonstrate compliance with the Interoperability Board’s requirements characterized as “SHALL”?
      • Those requirements were included in Attachment B of the Report & Order
  • The second prong of FCC review was to evaluate the interoperability of the state RAN with the PSBN.
    • FirstNet filed ex partes containing documents that they asked the FCC use when evaluating interoperability with the PSBN.
    • To obtain a full record, the Order requires the PSHSB to release a Public Notice providing a brief period for public comment on FirstNet’s proposals
    • Once the public input has been reviewed, the FCC will release a separate Order indicating which elements of the FirstNet proposal it will use to evaluate the opt out plans
  • States will not have to demonstrate interoperability in the field
  • FirstNet will not have to modify its network to suit a state plan
  • After completing the review of each state opt out plan received, the FCC will release a separate Public Notice for each request briefly describing the Commission’s decision.
  • NTIA will review elements related to coverage, financing, applications and equipment https://apps.fcc.gov/edocs_public/attachmatch/DOC-345465A1.pdfThe text of the Report & Order is available at: https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-75A1.pdf

Comment Sought on FirstNet’s Ex Parte Filings Related to State Opt Out Plan Requirements

Continue reading →

State Official Hails Benefit of AT&T Providing Priority Access, Preemption on LTE Network

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A Texas state official today emphasized the benefit of AT&T, Inc., providing priority access immediately and preemption by the end of this year across its LTE network for public safety agencies in states that opt in to having the carrier build their First Responder Network Authority (FirstNet) radio access networks (RANs). During a webinar this afternoon organized by IWCE’s “Urgent Communications,” Todd Early, deputy assistant director of the Public Safety Communications Service within the Law Enforcement Support Division of the Texas Department of Public Safety, said the capabilities that AT&T has agreed to provide are “a game-changer.”

He noted that some have questioned the time it would take to build out a public safety network on the 20 megahertz of spectrum licensed to FirstNet. AT&T’s decision to provide immediate priority access across its LTE spectrum and preemption by the end of the year to first responders “really changes the thought process” in evaluating whether to opt in and have AT&T build RANs, Mr. Early said. He also noted that as a result of AT&T’s commitment, agencies such as volunteer fire departments that are short on funds will no longer have to acquire new devices to get priority access and preemption. “That really kind of changes the perspective,” he said.

David Buchanan, FirstNet’s director-consultation, called priority and preemption over AT&T’s LTE network “really the crown jewel of the AT&T Solution.” He said that the capabilities are “far beyond what we expected we’d be able to get” and that they put “at ease a lot of the concerns states have had or stakeholders had about … speed to market.”

During the webinar, Mr. Early and Scott Edson, executive director of the Los Angeles Regional Interoperable Communications System (LA-RICS), also stressed the importance of having access to deployable assets in a public safety broadband network as well as local control. AT&T has committed to providing 72 dedicated public safety deployables. Continue reading →

Wyoming Announces Plan to Opt In to FirstNet Network

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Wyoming today became the second state to announce that it plans to allow AT&T, Inc., the First Responder Network Authority’s (FirstNet) network partner, to build a radio access network (RAN) rather than attempting to contract to build one itself. Virginia became the first opt-in state yesterday (TR Daily, July 10), and additional states may make opt-in announcements soon.

“The State of Wyoming has participated in FirstNet consultation and outreach activities throughout the planning of the network and reviewed the details of the FirstNet State Plan,” Gov. Matt Mead (R.) said in a letter to FirstNet Chief Executive Officer Mike Poth. “I have determined that it is in the best interest of Wyoming to participate in the FirstNet deployment of the Nationwide Public Safety Broadband Network.”

A news release issued by the governor’s office said that “FirstNet network satisfies the priorities identified by the Wyoming public safety community, rapidly provides access to public safety features, and delivers extensive population and geographic coverage.”  Continue reading →

AT&T Says it Has Met 700 MHz Interoperability Mandate

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In its last progress report on 700 megahertz band interoperability, AT&T, Inc., has told the FCC that as of yesterday, “100% of new unique devices that operate on the paired Lower 700MHz bands introduced by AT&T are Band 12 capable devices. And as noted in the previous report, 100% of all new unique M-to-M devices introduced by AT&T are Band 12 capable devices.” In the report in WT docket 12-69, AT&T also noted that it has met other mandated milestones. Regarding VoLTE roaming, it said that it plans to “have a pre-standard solution in place for domestic carriers with an incompatible 3G Network by the end of 3rd Quarter of 2017.”

Courtesy TRDaily

Input Sought on VRS Interoperability Recon Petition

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The FCC’s Consumer and Governmental Affairs Bureau is seeking comment on a petition filed by Sorenson Communications LLC for partial reconsideration of the video relay service (VRS) interoperability order adopted by the agency earlier this year.  “Specifically, Sorenson requests that CGB reconsider the decision to require VRS providers to comply with the RUE Profile for communications with end-points using the Accessible Communications for Everyone (ACE) Application (ACE App).

In the alternative, Sorenson requests that the deadline for provider compliance with the RUE Profile be suspended until certain alleged problems with the RUE Profile and the ACE App are resolved and a certified-compliant ACE App is available for testing. Sorenson also asks CGB to address its assertion that the RUE Profile and the ACE App rely on Sorenson patents and require appropriate licensing arrangements,” the bureau said in a public notice released July 7.  Oppositions to the petition will be due 15 days after publication of a notice in the “Federal Register.”  Replies to oppositions will be due 10 days after oppositions are due in CG dockets 10-51 and 03-123.

Courtesy TRDaily

Pleading Cycle Set on FirstNet Matrix

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Comments are due July 17 in PS docket 16-269 on an interoperability compliance matrix recently submitted to the FCC by the First Responder Network Authority (FirstNet).  An order adopted last month setting procedures for Commission review of alternative state FirstNet plans instructed the bureau to seek comments on the matrix in an expedited fashion (TR Daily, June 22 and 23).

Courtesy TRDaily

CTIA Questions NAB Repacking Study

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CTIA has questioned a study commissioned by the National Association of Broadcasters on the impact on FM radio stations of the repacking of TV stations in the wake of the incentive auction. “This study contains no technical analysis and lacks a credible basis for its estimate of FM stations that will be affected by the repack,” CTIA said in a statement. “The FCC has already examined this issue and taken steps to minimize the impact to FM stations. We remain committed to working collaboratively to complete the repacking process and achieve the 39-month transition.”

NAB noted that it commissioned the “study to determine which FM radio stations are likely to need to coordinate with TV stations making adjustments following the incentive auction. This analysis identifies 678 FM stations that may need to reduce power, shut down, or operate from an auxiliary facility as work is being done on a neighboring TV station antenna to ensure tower worker safety from radio frequency exposure.”

NAB submitted the study to the FCC July 6 in GN docket 12-268 and MB docket 16-306. It was prepared by V-Soft Communications LLC.- Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily

Virginia Will Become the First State to Opt-In to FirstNet’s National Public Safety Broadband Network

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Commonwealth of Virginia

Office of Governor Terry McAuliffe

FOR IMMEDIATE RELEASE

Date: July 10, 2017, RICHMOND – Governor McAuliffe today signed a letter of intent declaring that the Commonwealth of Virginia will allow the First Responder Network Authority (FirstNet) and AT&T to proceed with the deployment of the of the Nationwide Public Safety Broadband Network in Virginia. Following today’s letter signing, Governor McAuliffe will hold a ceremonial letter signing tomorrow at FirstNet Headquarters, 12201 Sunrise Valley Drive Reston, Va. at 1:30 p.m.

FirstNet is the result of the 9/11 Commission’s recommendation that a dedicated public safety interoperable, nationwide mobile broadband network be created to enable continued communication during a disaster or other large-scale event. The Governor’s decision marks a significant step in the realization of this recommendation.

“I am proud that Virginia is the first state in the nation to opt in to this program that will help our first responders communicate during times of emergency,” said Governor Terry McAuliffe. “While this is only the beginning of the process, I look forward to the continued coordinated efforts among Virginia, FirstNet, and AT&T to provide public safety officials with innovative new technologies that will help them keep Virginians safe.”  Continue reading →

FCC Grants Indoor 911 Waiver

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The FCC’s Public Safety and Homeland Security Bureau released an order today granting Cordova Wireless Communications LLC a waiver of the FCC’s 911 indoor location accuracy requirements until six months after the small Alaskan carrier gets a request for Phase II location data from the public safety answering point (PSAP) for the city of Cordova. “This waiver is conditioned on Cordova Wireless notifying the Commission within 30 days of receipt of a valid request for Phase II location information from the City of Cordova PSAP,” the bureau said in the order in PS docket 07-114.

It said that “Cordova Wireless has demonstrated that the underlying purpose of the rule would not be served by requiring it to implement the technical capability to supply enhanced 911 location information to a PSAP that is incapable of receiving and processing the information.” A number of other small carriers have filed similar waiver requests, as has NTCA on behalf of small providers (TR Daily, June 2).

Courtesy TRDaily

 

Wyden, Schatz Urge Pai to Make Alternative Filing Method Available

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Sens. Ron Wyden (D., Ore.) and Brian Schatz (D., Hawaii) have urged FCC Chairman Ajit Pai to take action to ensure the agency’s electronic comment filing system (ECFS) is capable of “flexible scalability and alternative methods of filing” in time for the July 12 Internet “Day of Action,” which supporters expect will encourage large numbers of individuals to file comments on the FCC’s Internet freedom notice of proposed rulemaking.

They said that they were concerned that a “nontraditional” distributed denial of service (DDos) attack, similar to one the FCC suffered in early May after comedian John Oliver encouraged viewers to register their views on net neutrality with the FCC, might be “planned to disrupt the Day of Action.”  They added, “In case the ECFS is disabled through some new type of attack, it is critical that Americans be able to file a comment using other means.  We request that you make available an alternative mechanism for the public to file a comment including either through the FCC’s own website and/or via a dedicated email address.”

Courtesy TRDaily