March 16, The First Responder Network Authority (FirstNet) today officially announced a federal grant program to help incumbents on FirstNet’s 700 megahertz Band 14 spectrum relocate to other frequencies. Up to $40 million is available. Meanwhile, FirstNet announced today that it plans to deliver state plans to states and territories early next year simultaneously rather than on a rolling basis, as it had indicated in the past it might do.

Regarding the Band 14 incumbent grant program, applications must be submitted by May 16 and FirstNet expects grants to be awarded by the end of July. There are 15 incumbents in the spectrum, according to FirstNet. “A number of public safety entities around the nation are still operating on the FirstNet-licensed Band 14 frequencies under previously issued FCC authorizations,” FirstNet noted in its grant funding announcement. “These public safety entities (incumbents) will be required to relocate their communications operations from Band 14 to other frequencies allocated by the FCC to ensure unencumbered (clear – free of interference) spectrum, which is necessary for successful NPSBN development, deployment and operations. To facilitate the Band 14 spectrum clearance effort, FirstNet has established the Band 14 Incumbent Spectrum Relocation Grant Program. The principal purpose of this federal grant program is to facilitate this relocation, and enable these public safety entities to continue to operate their public safety communications systems on other frequencies allocated by the FCC without interruption.”

The grant program does not require cost sharing or matching and there is “no minimum or maximum amount prescribed for any single award.” “The anticipated period of performance will be August 1, 2016 to July 31, 2017,” the notice said. “A no-cost extension may be considered based on need.”

FirstNet has asked the FCC to condition the licenses of Band 14 incumbents so they have to relocate by July 2017 unless FirstNet allows them to stay longer (TRDaily, Oct. 22, 2015). The FCC has sought comment on this request and has said it plans to act in a timely fashion (TRDaily, Feb. 1).

During a FirstNet board meeting today, FirstNet Chief Executive Officer Mike Poth said that the Band 14 incumbent public safety agencies “already have their plans in how they’re going to pull it off. The critical component is the funding.” However, he said that some agencies only have a few devices on the spectrum so they might not think it is worth seeking grant funding.

“In addition to clearing the Band 14 spectrum for NPSBN deployment, this grant program will enable public safety incumbents to continue to operate their communications systems seamlessly,” Mr. Poth added in a news release. “FirstNet will continue to work with the incumbents to help ensure the transition is as predictable as possible.”

During today’s quarterly meeting, which was held via teleconference and webinar, FirstNet President TJ Kennedy reviewed the schedule for presenting 56 plans to states, territories, and the District of Columbia early next year following the awarding of a contract later this year to build the nationwide public safety broadband network. He said state plans would be transmitted to states electronically at the same time, with FirstNet holding follow-up meetings with state officials.

The approach drew praise from board member James Douglas, a former governor of Vermont.

“I know we talked earlier about an asynchronous delivery schedule, but I think this is certainly the right way to go,” he said. “For one thing, the governors talk to each other, and we don’t want someone wondering why he or she didn’t get it and someone else did. And perhaps more importantly, there are a lot of situations where there’s a lot of population on state lines where governors want to talk to their neighbors to make sure there’s some consistency in the plan. So I think this is a good approach.”

Mr. Kennedy also discussed FirstNet’s planned “focused consultation” with states this year ahead of completing the state plans.

“I’m particularly concerned with making sure the states have clarity on the opt-out process,” said board Chairwoman Sue Swenson. She said it is important for the FCC to provide information on that process before governors have to make opt-out decisions.

Mr. Kennedy noted that the Commission has said it would act to provide that information before draft state plans are complete. A state that elects to opt out of having FirstNet build a radio access network (RAN) will have 180 days after it gets a state plan to develop an alternative plan, which the FCC must approve or reject.

“The magnitude of the work is a little overwhelming to me,” Ms. Swenson said. She asked Mr. Poth whether FirstNet has the necessary resources to do its work. He said it has adequate resources for the coming months but that the work level later in the year will depend in part on the proposals submitted in response to the request for proposals (RFPs) and how much time it takes to complete state plans.  “We do have contingencies in place for surge staffing,” he said.

Mr. Kennedy said initial deployment might proceed first with states that have not opted-out, followed by those that have once they have moved through their process. In response to a question from Ms. Swenson on possible delays in the projected time line, Mr. Kennedy acknowledged that a protest in the RFP process could delay the schedule.

Also at today’s meeting, Harlin McEwen, chair of FirstNet’s Public Safety Advisory Committee (PSAC), updated the board on the work of its local control and identity, credential, and access management task teams and its early builder and tribal working groups. He also said the PSAC will ask the board to allow it to create a federal working group, saying that it’s important to integrate state and local, tribal, and federal stakeholders “into a common discussion.”

“I think that’s very important for a lot of reasons,” Ms. Swenson replied.

Amanda Hilliard, FirstNet’s outreach director, said she is looking for candidates to be a law enforcement adviser to replace Josh Ederheimer, who was on detail to FirstNet and recently returned to the Department of Justice. She also touched on tribal outreach efforts and said FirstNet may hold a tribal broadband summit later this year.

Dave Buchanan, FirstNet’s director-state consultation, discussed 2016 outreach efforts to states and said each of FirstNet’s 10 regions except one has a lead person. He also mentioned consultation with federal agencies.

Board member Teri Takai, former chief information officer of the Department of Defense, urged FirstNet to expand its federal consultation efforts. She suggested that agencies have not made FirstNet a priority and said that they need funding to participate in FirstNet trials or other activities.

Suzanne Spaulding, undersecretary of the Department of Homeland Security’s National Protection and Programs Directorate and DHS Secretary Jeh Johnson’s designee on the board, said she agreed with Ms. Takai on the need to find ways so agencies can focus on FirstNet issues. She and Mr. Kennedy said a meeting has been scheduled with DHS leaders on the matter.

 Ronald Davis, director of the Department of Justice’s Office of Community Oriented Policing Services and the board designee for Attorney General Loretta Lynch, said he would also help on the issue.

Mr. Kennedy said FirstNet is working with agencies to ensure that they have adequate contracting vehicles to partner with FirstNet.

James Mitchell, FirstNet’s director-program management, told the board that the remaining answers to the 402 written questions it received on the RFP would be released today. He also said answers to more than two dozen questions posed during a pre-proposal conference last week (TRDaily, March 10) would be out today. The answers were  released later in the day. Mr. Mitchell also said that FirstNet expects to get more questions up until it awards a contract, and he said it would answer future questions if necessary. Mr. Mitchell also noted that 640 companies are on a list for teaming with other partners, which he called “pretty huge.” He also stressed the benefits to entities of submitting voluntary capability statements, saying that FirstNet will meet with those that do.

Board member Kevin McGinnis said submitting such statements provide “a great opportunity for potential bidders to test out their approach.”

Mr. Mitchell also said that the Nov. 1 contract award goal “can move left or right depending on the complexity and number of proposals that we receive.”

FirstNet Chief Financial Officer Kim Farington said that actual financial obligations during the first quarter of fiscal year 2016, which ended Dec. 31, were one-third below what FirstNet had budgeted due to a delay in the award of contracts. She said that actual expenses during the first quarter were only 9% less than expected.

Ms. Farington’s presentation also said that FirstNet received a “clean” audit with “no material weaknesses.” However, she said it has received “a repeat significant deficiency” mark as a result of its reliance on shared services from the Commerce Department, which also received the “repeat significant deficiency” mark. Ms. Farington said that FirstNet is analyzing alternatives to relying on those shared services and to transition to a new system. The analysis should be completed in mid to late April, she said.

On another issue, Ms. Farington said that FirstNet has approved an internal control implementation plan to “instill good internal controls across the entire FirstNet organization.” She also said it is enhancing its financial management regulation. And a five-year strategic plan should be ready in June, she added.

 FirstNet Chief Technology Officer Jeff Bratcher updated the board on various activities and said he has added four people to his staff.

 Also at today’s meeting, the FirstNet board approved a resolution making a number of changes to its bylaws. Chief Counsel Jason Karp said that a number of the provisions in the bylaws were out of date and he said that most of the changes make the bylaws current with FirstNet’s current processes.

 Mr. Poth also said that FirstNet is making progress concerning compliance with the National Environmental Policy Act (NEPA). He noted that FirstNet is preparing five regional programmatic environmental impact statement (PEIS).- Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily