FirstNet and Public Safety Wireless Broadband eNATOA WEBINAR August 4, 2014 Sean Stokes The Baller Herbst Law Group, P.C P Street, N.W. Washington, D.C (202)

FirstNet – Authority § 6204 Take all actions to ensure the design, construction, deployment, and operations of the nationwide PSBN, in consultation with Federal, State, tribal, and local public safety entities, Director of NIST, the FCC, and public safety advisory committee

How Are You Going to Pay For That Thing? Funding the Network -- § 6207 The Act grants NTIA initial borrowing authority of $2B for network construction Possibility of up to $5B more. Funds to come from spectrum auctions. User fees to be paid for service by state and local governments -- $$?

How is “our”network being planned? -- Consultation § 6206 FirstNet must consult with regional, State, tribal, and local jurisdictions on: Construction or access to the core network and any radio access network build out; Placement of towers; Coverage areas of the network Adequacy of hardening, security, reliability, and resiliency Assignment of priority to local users; Assignment of priority access; and Training needs of local users BUT --- Consultation is with single governmental body designated by each State

State and Local Implementation Grant Program -- § 6302 Program to assist State, regional, tribal, and local jurisdictions to identify and plan the most effective way to utilize and integrate the infrastructure, equipment, and other architecture associated with the network –Grant awards in 2013 – average $2M –Information gathering/education NOT development of PSBN

Consultation Process Late spring 2014 FirstNet sent out “Initial Consultation Package” to each state SPOC States need to complete “Checklist” and review topics of discussion Local government entities should review and contact SPOCs to determine proposed responses

Roles of State and Local Facilities Act requires FirstNet “to utilize, to the maximum extent economically desirable, existing... Federal, State, tribal, or local infrastructure.” In many instances state and local broadband facilities, towers, fiber and other equipment superior to that of carriers. Need to be aware of AND identify potential legal barriers to use

Local Governments Need to Coordinate With State Localities need to coordinate with the State designated agency for FirstNet States now have funds for outreach Consult on public safety needs Consult on broadband capabilities and assets. Demonstrate collaborative approach that will make the network deployment more effective, efficient and timely.