New Hampshire's No Becomes Yes on Last Day for FirstNet Decisions
New Hampshire changed its mind and opted in to FirstNet even though Gov. Chris Sununu (R) said three weeks ago that the state would opt out. New Hampshire was the only state to say it would opt out and choose a Rivada plan, but Sununu said Thursday he didn’t want to go it alone. Florida, New York and Mississippi also opted in to FirstNet on the final day for states to opt out. California didn’t announce a decision by our deadline, and three Pacific territories have until March 12 to decide.
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“While Rivada’s plan remains the better option for New Hampshire, I have determined that the additional risk associated with being the only state to opt-out creates too high a barrier for New Hampshire to continue down the opt-out path alone,” Sununu said in a statement. The governor tried to convince other governors to join New Hampshire opting out and worked with FirstNet “to remove the unreasonable fees and penalties,” he said, referring to a late FirstNet policy clarification (see 1712190069). But Sununu said the Dec. 28 deadline “approached too quickly for these other states to feel confident in an opt-out decision,” and “it now appears likely that no other states will opt-out.”
Rivada respects Sununu’s decision, a spokesman said. “If more states shared the Granite State’s diligence, integrity and commitment to transforming public safety communications, New Hampshire would not have had to stand alone at the deadline. ... Rivada will continue to work to transform the wireless industry through our open access wireless technology.”
Colorado had also been watched as a possible opt-out candidate, but the state decided Dec. 18 to opt in (see 1712180023). “In the end, the risk profile of opting-out, based on the information provided to us by FirstNet, had too many unknowns and was too great to consider the option,” said Colorado Single Point of Contact Brian Shepherd.
New Hampshire never sent a statutorily required opt-out notice to FirstNet, the FCC and NTIA after Sununu’s Dec. 7 opt-out announcement, and lobbying to change the state’s mind persisted throughout December. FirstNet CEO Mike Poth told New Hampshire it would lose AT&T opt-in incentives if it opted out and changed its mind after the deadline (see 1712200043). “By moving to opt-in today, New Hampshire will retain AT&T’s commitment to build 48 new tower sites across the state,” Sununu said. The federal government didn’t give states “sufficient clarity in time for most states to adequately evaluate their options,” but New Hampshire’s “strong opt-out plan” gave the state leverage in AT&T negotiations, said New Hampshire Safety Commissioner John Barthelmes.
A New Hampshire Executive Council member who wanted opt-in applauded Sununu's changed decision. The council must approve all state contracts of at least $25,000. The AT&T state plan means "a reliable statewide public safety network for first responders" and enhanced wireless coverage in rural parts of the state, said Councilor Joseph Kenney (R).
FirstNet CEO Mike Poth said he's pleased about New Hampshire: "Our goal has and will always be to bring each state and territory the best and most sustainable network."
Sununu may have thought announcing opt-out earlier this month “would open the floodgates and give other states the strength to do the same thing,” said public safety consultant Andrew Seybold, who earlier voiced skepticism of New Hampshire’s opt-out announcement (see 1712070035). “I suspect that as he watched this past week he realized that the assumption he had made was faulty.”