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NTIA Issues Preliminary Guidance on FirstNet Grant Process

When NTIA considers grants for alternative public safety network plans by states opting out of FirstNet, the federal agency may consider costs incurred by FirstNet from lost efficiencies as compared to a network with no opt-outs, NTIA said in a…

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notice expected to be published in Tuesday's Federal Register. NTIA sought comment on preliminary guidance about how an opt-out state may apply to NTIA for authority to enter into a spectrum capacity lease with FirstNet and receive a grant to construct its radio access network (RAN). Comments are due 30 days after publication. NTIA will provide more details on the application process in a forthcoming federal funding opportunity and other further notices, it said. "NTIA may take into consideration cost increases FirstNet will incur should a state assume the responsibility to conduct its own RAN, and may reduce a final grant award accordingly,” the agency said. “For example, FirstNet may incur increased costs to mitigate additional operational risks to the [nationwide public safety broadband network (NPSBN)], and losses of cost efficiencies, if a state assumes responsibility for the construction and operation of the RAN within its boundaries. Additionally, should a state conduct its own RAN, FirstNet may bear increased expenses related to interconnection of the state RAN to the NPSBN and mitigation of potential interference by the state RAN to the NPSBN operations in a bordering state.” Other financial factors also may affect the grant award, it said. NTIA plans to consider state applications on a rolling basis, it said. "We recognize that making timely decisions on a state’s application is critical to ensuring the NPSBN is deployed and operational in every state -- regardless of the party ultimately responsible for conducting a RAN in a given state,” the agency said. "NTIA’s role is limited to determining whether a state has demonstrated compliance with the required technical, financial, interoperability, programmatic, and qualitative criteria so that it can authorize the state to enter into a spectrum lease with FirstNet.” Once a state receives a proposal from FirstNet, it will have 90 days to opt out, then 180 days to submit an alternative plan for FCC approval. Once the commission approves the plan, the state can apply to NTIA for a grant.