The FCC has released a public notice establishing the deadline by which interested parties must submit comments to ex partes filed by the First Responder Network Authority (FirstNet) proposing the criteria by which the Commission will review all submitted alternative state plans. Based on public comments and FirstNet ex partes, the FCC is trying to develop exactly what an opt-out State must do to create its portion of the FirstNet network. One of the major elements of the state opt-out plans for FirstNet that must be supported is the statutory test relating to “interoperability with the nationwide public safety broadband network.” After the Commission determines the criteria of the state opt-out plans, and FirstNet formally notifies States of their specific state plans, each State’s governor or duly appointed representative will have 90 days to have his or her state opt-in or opt-out. If the State opts-out, it will have 180 days to “develop and complete” an RFP process and then another 60 days to submit the State alternative opt-out plan to the FCC. Comments on this public notice are due on or before Monday, July 17, 2017.
