New Hampshire the First State to Opt Out of FirstNet
New Hampshire is the first state to opt out of FirstNet, choosing an alternative radio-access-network (RAN) plan from Rivada, Gov. Chris Sununu (R) announced Thursday after a state opt-out review committee identified risks and possible mitigating factors of such a decision (see 1712060037). FirstNet said it will support New Hampshire. AT&T and a public safety consultant called the decision risky. States and territories have until Dec. 28 to decide; 35 opted in. FirstNet continues to argue it’s exempt from the Freedom of Information Act and doesn’t have to respond to a Vermont news organization’s request.
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“While an opt-out decision comes with regulatory and financial risks, those risks can be mitigated through the safeguards and contractual provisions that the [opt-out committee] has recommended,” Sununu said. Earlier, a state interoperability committee unanimously recommended opt out (see 1710160063). Rivada’s plan could provide “unparalleled public safety infrastructure investments that will lead to unmatched and near universal coverage for the new public safety network,” the governor said. “New Hampshire will retain a level of control that it would not have enjoyed.” Attorney General Gordon MacDonald said the state Justice Department will ensure appropriate protections.
The national authority supports “a state's right to choose whether to opt in to the FirstNet Network or take on the responsibility of deploying the state radio access network portion of the network,” a spokeswoman said. It will continue to work with New Hampshire after it completes the opt-out process, she said. "We have developed a business model that will ensure public safety has a sustainable interoperable network for the next 25 years.”
AT&T slammed Sununu's decision as risky. He's going “down a path not chosen by any of the 35 states and territories before him,” said Senior Vice President-FirstNet Chris Sambar. AT&T hopes the state “will continue to assess the substantial risks associated with an opt-out proposal of an unproven vendor,” he said.
Rivada CEO Declan Ganley applauded. “New Hampshire ran the longest and most thorough opt-out review process in the country,” he said. “We also look forward to other states joining New Hampshire in building their own FirstNet RANs between now and December 28. Rivada and its partners are ready to work with FirstNet and the states to roll out state RANs in any state that opts to follow this bottom-up approach.”
It's risky for a state lacking major metropolitan areas to opt out because there’s little carrier demand to buy secondary spectrum there and it’s expensive to build networks, said public safety consultant Andrew Seybold in an interview. “New Hampshire is a state that would be kept alive by ... donor states” with big metro areas “that generate enough funds to pay for the New Hampshire system,” he said. Because New Hampshire was never going to contribute revenue, its opt-out decision doesn’t likely hurt FirstNet’s business model, Seybold said. “It’s not a cornerstone state.” New Hampshire should be able to get FCC OK on its opt-out plan but may find more challenging next steps including how much grant money NTIA provides and what FirstNet charges for accessing the spectrum license, he said.
Other states told us they’re still deciding. “There is a meeting on Dec. 14,” but no recommendations or decisions yet, said a spokeswoman for Washington Gov. Jay Inslee (D). Washington and Oregon issued a joint request for proposals (see 1710040062). Colorado Single Point of Contact Brian Shepherd said his group is working with the governor to analyze all options.
At the U.S. District Court in Burlington, the Department of Commerce disagreed with news VTDigger FirstNet isn't exempt from FOIA (see 1711280029). Vermont opted in last month (see 1711300010). FOIA is part of the Administrative Procedure Act, and FirstNet is exempt from APA, DOC said in a Wednesday reply (in Pacer) in case 5:17-cv-192. “Plaintiffs attempt to avoid the plain language of the statute by citing to the purposes of the FOIA," DOC said. “Statements regarding the general purpose of the FOIA, however, cannot override the express language of a subsequent act that on its face exempts FirstNet from the requirements of the FOIA.”