FirstNet Set to Award Network Partner Contract, But Questions Remain
The FirstNet board Tuesday voted to authorize CEO Mike Poth to award a contract to build the national network for first responders (see 1703280007), as expected (see 1703240035). The board didn’t say that a team led by AT&T won the contract, though that announcement is expected in coming days (see 1703200065). FirstNet and industry officials said Tuesday the real work begins now.
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“This represents the final step towards finalizing the network procurement, but it’s the final step to the first rung in the ladder,” Poth told board members. “Now it’s time to get to work and we have a lot to accomplish.” FirstNet will award a contract “within the week,” he said. “Please look for updates and announcements.” Poth also said he's pleased that at the next board meeting in three months he will be providing a “progress report,” not an update on the procurement or on the litigation brought by Rivada Mercury. There will be “no letup” once work starts on the network, he promised: “FirstNet is ready. Public safety is ready.”
The winning team was selected based on its ability to address the requirements in a request for proposals, Poth said. “All 16 objectives in the RFP were met, period,” he said. Poth stressed the need for a secure network. “We are going to be hyper-vigilant in our cybersecurity requirements and capitalize on the best practices both within the private sector and the federal government,” he said. “It will be a sustainable network, self-funding, a network that maximizes existing infrastructure and achieves our rural buildout objectives and creates tens of thousands of new jobs.”
FirstNet Chief Counsel Jason Karp told the board that the U.S. Court of Federal Claims’ March 17 decision rejecting Rivada Mercury’s challenge (see 1703170066) was critical. “There are no longer any legal impediments that would impact our ability to move forward,” he said. “We’re very happy to have that behind us.”
“We’ve done a fair and extensive, comprehensive evaluation process, actually following the federal acquisition rules,” said Chair Sue Swenson. “We’ve followed all those rules and it has paid off.” FirstNet has been working behind the scene even though it wasn't able to award a contract, she said.
To get information about the contract, Warren Communications News Tuesday filed a Freedom of Information Act request with the Department of Commerce. The public continues to lack access to many documents in the court case after our motion was unsuccessful (see 1703030049), the docket shows (in Pacer). A court official told us Tuesday it takes time for parties to propose redactions.
FirstNet highlighted the work already done toward an award. In August, the board approved a budget for FY 2017, which obligated $6.5 billion to support the award of the network contract, said a news release. “At the December 2016 Board meeting, FirstNet announced its readiness for a partnership and unveiled its plan for the first three months post-award to guide progress with the future Network partner,” the authority said. “Recently, FirstNet worked with the U.S. Department of Justice to successfully resolve a protest action regarding the acquisition process for the Network.”
"We are waiting for FirstNet to announce the award, just like everyone else,” an AT&T spokesman said. A Rivada spokesman wouldn't comment.
“It's pretty straightforward,” said Roger Entner, analyst at Recon Analytics. “After having submitted the winning RPF, winner gets awarded the right to build first responder network. Winner pays FirstNet, FirstNet pays winner to build out, winner builds out and launches private/public partnership. First responders can use the network, excess capacity can be used commercially. The larger the existing network of the winner, the more cost effectively this can be done.”
“I don't want to speculate at this point in time,” said Andrew Seybold, public safety consultant. “I want to see what's going to happen the rest of this week and then we can regroup.”
A former FCC spectrum official said many remain skeptical, and AT&T’s involvement is critical. “I can’t imagine that AT&T, if it is AT&T, is going to get into something if they don’t know how it’s going to end,” the former official said. “That gives some credibility to it.” A lawyer who has been involved in FirstNet said the big questions remains state buy-in. FirstNet must work with its network partner to finalize state plans, the lawyer said. Once FirstNet informs each governor of its plans for each state or territory, that governor must decide whether to opt out of the FirstNet deployment, the lawyer said. “Any state that opts out will then have to undergo an approval process at both the FCC and NTIA. Both NTIA and the FCC have pending proceedings that will clarify the exact procedures each state will undergo.”
Significant work, including with Congress, went into the vote to authorize a contract, said Steve Berry, president of the Competitive Carriers Association, in a news release. “Many CCA members serve extremely hard to reach and rural areas and are ready to ensure public safety officials and consumers that live and travel to these areas can connect during times of emergencies through collaboration with the final awardee. Competitive carriers are committed to their customers’ safety, and we look forward to working with FirstNet to ensure the public safety network is a success.”