It’s a busy time at FirstNet, gearing up for the deployment of the nationwide public safety broadband network (NPSBN). With yesterday's release of a Federal Funding Opportunity for up to $40 million for the Band 14 Incumbent Spectrum Relocation Grant Program (Grant Program), FirstNet is making headway in fulfilling its mandate under the Middle Class Tax Cut and Job Relief Act of 2012. The Grant Program will assist public safety entities currently operating in 758 MHz-769 MHz and 788 MHz – 799 MHz, also known as Band 14, to relocate their communications operations to other frequencies allocated by the Federal Communications Commission (FCC), providing FirstNet with the unencumbered spectrum necessary to deploy the NPSBN.The FCC issued FirstNet a license for Band 14 to develop, deploy and operate the NPSBN. At this time, a number of public safety entities around the country operate on the Band 14 frequencies. To ensure that this spectrum is unencumbered for the successful deployment of the NPSBN, these entities will be required to relocate their communication operations from Band 14 to other frequencies allocated by the FCC. During yesterday's FirstNet Board meeting, FirstNet Chief Executive Officer Mike Poth said that the Band 14 incumbent public safety agencies already have plans for how they will relocate; they just need the funding. FirstNet established the Grant Program to facilitate the relocation and enable these affected public safety entities to continue operations without interruption. Applications have until May 16, 2016 to submit an application.
Public safety entities currently occupying Band 14 frequencies will be able to apply for grant funds to cover the costs associated with retuning and reprogramming communications equipment. FirstNet will only consider the procurement of new communications equipment (i.e. radios, vehicle repeaters, fixed site repeaters, antenna combiners) by incumbents if the application clearly demonstrates that the retuning or reprogramming of existing equipment is not cost effective or cannot be achieved due to equipment obsolescence.
Applicants receiving grant funds will be required to establish a project plan, develop and meet key milestones within the 12-month period of performance (likely August 1, 2016 to July 31, 2017), to show progress, and other activities as determined by FirstNet. FirstNet anticipates up to 15 public safety incumbents will be eligible for the award with award amounts varying by estimated project costs.
FirstNet intends to make award decisions by July of this year.
If you have any questions about the Grant Program or FirstNet, please contact Jennifer Holtz at [email protected] or your Kelley Drye communications attorneys.
]]>FirstNet released its final Request for Proposals (RFP) seeking a Contractor to build and operate the nationwide public safety broadband network (NPSBN), as authorized by the Middle Class Tax Cut and Job Relief Act of 2012 (Act), and fund FirstNet operations. The RFP is the result of input to more than 13 Requests for Information, two public Industry Days, and a year of dialogue with the public safety community. The RFP provides for a single award, Indefinite Delivery-Indefinite Quantity (IDIQ) contract with fixed price payments. In exchange, the winning contractor gains access to 20 MHz of contiguous 700 MHz spectrum and the ability to lease excess network capacity to secondary commercial users, receiving up to $6.5 billion in funding from FirstNet. FirstNet envisions a 25-year public-private partnership, suggesting that solutions may include "various partnerships and business arrangements that monetize new public safety market offerings via devices, applications and other value-added benefits and services." FirstNet plans to select a contractor by the end of the year.The Funding
What's unique about this RFP is that the winning bidder will receive up to $6.5 billion in funding from FirstNet but the winner will have to make regular payments to FirstNet based on the following estimated costs that FirstNet expects to incur over the life of the contract, including base operating and general administrative costs: at least $80 million during the first five years, $130 million in year 6, $205 million in year 11, $305 million in year 16, and then $430 million each of the last five years. Any revenue FirstNet generates from these payments will be reinvested in to the network. This will also account for the Contractor's proposed total amount of payments for all 56 States and Territories. Should a State or Territory "opt-out," the Contractor's payments to FirstNet will be adjusted accordingly.
One factor which will affect the payments flowing from FirstNet to the Contractor is how many States and territories decide to "opt-out" and deploy, operate and maintain the Radio Access Network (RAN) within their own State or territory. For those states and territories that "opt-out," the Department of Commerce's National Telecommunications and Information Administration (NTIA), which oversees the quasi-independent FirstNet, reserves the right to administer a RAN construction grant program. FirstNet will reduce the Contractor payments for each State or territory that notifies FirstNet of its intent to deploy its own RAN. The onus is on the Offeror to propose the payment adjustments. NTIA will not finalize the RAN Construction Grant amount until after FirstNet awards the RFP.
The Solution: An Objectives-Based Approach
Specifically, FirstNet seeks a “comprehensive network solution covering each of the 56 states and territories,” which includes: "the deployment and provisioning of a nationwide Core Network (Core), and RAN services; backhaul, aggregation, and the use of national transport networks and operation centers; a device ecosystem; use of network infrastructure; deployable capabilities; use of operational and business support systems; an applications ecosystem; network services; and the integration, maintenance, operational services, and ongoing evolution of these systems required to function fully as an operational wireless 3rd Generation Partnership Project (3GPP) standards-based Long Term Evolution (LTE) NPSBN."
What's unique about this RFP is FirstNet's approach, which is an objectives-based model rather than a traditional requirements-driven model. This means that FirstNet is requiring offerors to achieve broad objectives through innovative solutions not limited by any particular type of solution or type of entity. FirstNet directly states that the RFP is open to all entities, "whether traditional wireless incumbents or new entrants." The rationale for using an objectives-based model is to provide industry with the "maximum opportunity and flexibility in the development of innovative solutions for the NPSBN."
The winning bidder must meet sixteen objectives:
- Building, deployment, operation, and maintenance of the NPSBN
- Financial sustainability
- First responder user adoption
- Device ecosystem
- Applications ecosystem
- Accelerated speed to market
- User service availability
- Service capacity
- Cybersecurity
- Priority services
- Integration of state-deployed rans
- Integration of existing commercial/federal/state/tribal/local infrastructure to support NPSBN services
- Life-cycle innovation
- Program and business management:
- Customer care and marketing:
- Facilitation of FirstNet’s compliance with the act and other laws
Timeline
Interested parties may submit questions seeking clarification no later than February 12, 2016. FirstNet will hold an in-person, pre-proposal conference on March 10, 2016, which requires registration. Parties submitting proposals must file a capability statement by March 17, 2016. Those parties interested in subcontracting and teaming opportunities with other potential Offerors who would like their contact information on a FirstNet compiled list must submit their business name, size, email and phone number no later than March 17, 2016.
Proposals are due no later than April 29, 2016.
If you are interested in learning more about FirstNet, please contact Jennifer Holtz at [email protected] or any member of the Communications Practice Group.
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