Released: October 2, 2017
PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ANNOUNCES 90-DAY DEADLINE FOR GOVERNORS TO ELECT WHETHER TO OPT OUT OF THE FIRSTNET RADIO ACCESS NETWORK
State Opt-Out Election Notifications for 52 States and Territories Due By December 28, 2017
PS Docket No. 16-269
On June 22, 2017, the Federal Communications Commission (Commission) adopted a Report and Order in this docket establishing Commission procedures for administering the state opt-out process as provided under the Public Safety Spectrum Act. Under Section 6302(e)(2) of the Act, each state Governor has 90 days from the receipt of notice by the First Responder Network Authority (FirstNet) under Section 6302(e)(1) to choose whether to participate in the Nationwide Public Safety Broadband Network (NPSBN) or elect for the state to conduct its own state Radio Access Network (RAN) deployment. In the Report and Order the Commission directed FirstNet to notify the Public Safety and Homeland Security Bureau (Bureau) when it had provided states the requisite “notice” under the Act. The Commission also directed the Bureau to issue a Public Notice announcing the commencement of the 90-day period and specifying the deadline for states to file opt-out notifications with the Commission, FirstNet, and the National Telecommunications and Information Administration (NTIA).
On September 29, 2017, FirstNet notified the Commission that 52 states and territories received the required statutory notice, commencing the 90-day opt-out decisional period for those states and territories.
Based on this notice date, any of the 52 states or territories electing to opt out must submit such notice to the Commission no later than December 28, 2017. All opt-out notices must reference PS Docket No. 16-269 and must be filed via the dedicated email address: email@example.com, or via certified mail to the Office of the Secretary, 445 12th Street SW, Washington, DC 20554, ATTN: John Evanoff.
Further, we remind states that:
Opt-out notices must certify concurrent notification to FirstNet and NTIA; and
Notice must be made by the Governor or the Governor’s duly authorized designee, and if made by the latter, evidence of such delegation must be included in the notice.
For further information, contact Roberto Mussenden, Attorney Advisor, Policy and Licensing Division, Public Safety and Homeland Security Bureau, at (202) 418-1428 or Roberto.Mussenden@fcc.gov; or John Evanoff, Attorney Advisor, Policy and Licensing Division, Public Safety and Homeland Security Bureau, at (202) 418-0848, or John.Evanoff@fcc.gov.