Emergency Communications

Federal Communications Commission Chairman Ajit Pai issued the following statement on his proposal to help schools and libraries affected by hurricanes Harvey, Irma and Maria restore connectivity through the FCC’s E-rate program:

“[Oct 24], I shared with my colleagues an emergency order that would help schools and libraries recover from the devastation of hurricanes Harvey, Irma, and Maria. This order would provide targeted financial support to these institutions through the FCC’s E-rate program and give them maximum flexibility as they try to restore connectivity. It would also make available additional funds to schools that are serving a substantial number of students displaced by this season’s hurricanes. Once my fellow commissioners have had the opportunity to review this proposed order, I hope they will be able to quickly vote to support this relief.”

FirstNet, the broadband first-responder network, has made it clear that its connection with tribal governments in Indian Country will be a direct one. In a new tribal consultation policy, FirstNet said it will be honoring tribal sovereignty and encouraged those nations to talk directly with FirstNet, rather than having to go with the representatives designated by state governors, once a state governor has made their decision about participation. Governors in all 50 states got their respective state plans from NirstNet in September, and have until Dec. 28 to opt in or out of the plan.So far 27 states have opted in.

Those who opt for different network approach--Verizon, for example, is pitching an alternative, must make sure they are interoperable with First Net. But Tribal Nations can make their own designations independent of states. FirstNet will engage with the tribes up until a governor's decision, but after that will deal directly with the tribes, whatever that decision, including to make sure their coverage needs and concerns are being met. The tribes are being treated like federal entities, which can also make their own FirstNet decisions independent of state participation.

I’m sure that those that love to regulate will try to make the weak case that the status of the wireless industry occurred because of — and not despite — the Federal Communications Commission’s regulations, particularly our Net Neutrality burdens. Beyond being desperate to validate their myopic decision, this argument completely ignores the counterfactual, or what would have occurred absent such burdens. The reality is that had the Commission rejected the liberal mantra of Net Neutrality, the entire wireless picture could have been even better.

In the wake of the devastating and deadly California wildfires, Sens Dianne Feinstein (D-CA) and Kamala Harris (D-CA) have written the Federal Communications Commission with their concerns that wireless emergency alerts (WEAs) lack potentially lifesaving precise geotargeting, and are urging the FCC to implement that requirement ASAP.

The FCC in 2016 proposed rules, which FCC Chairman Ajit Pai voted for as a commissioner, that would require wireless carriers to provide precise geotargeting of WEA warnings, but Sens Feinstein and Harris wrote Pai that they were disappointed the FCC has never voted a final order, and that it provided "a temporary waiver of the existing, imprecise geotargeting requirements for certain carriers." They ask if the chairman intends to proceed with the rulemaking and if so, will he do it expeditiously, and if not, why not. They also want to know whether the FCC has gotten feedback from emergency services in Northern California about whether the WEA system is meeting their needs, referring to news stories that suggested it was not, and whether it has sought the same info from hurricane-it areas.

New Hampshire is considering becoming the first state to opt out of FirstNet. AT&T earlier in 2017 won the right to build the nation’s first network dedicated to first responders. States have a legal right to opt out of FirstNet’s service, but if they choose another service provider, the network must be interoperable with FirstNet’s offering.

Twenty-seven states and territories have verbally committed to using the network, and final decisions—which will be legally binding—must be made by Dec. 28. But roughly a dozen have issued requests for proposals from potential competitors such as Verizon, Rivada Networks and Southern Linc. And Gov Chris Sununu (R-NH) signed an executive order establishing an “Opt-Out Review Committee” that will consider the regulatory and financial risks should the state choose not to participate.

The US Court of Appeals for the DC Circuit has said the Federal Communications Commission was within its authority to seek more input before deciding whether or not to require broadcasters to simulcast emergency alert information in other languages than English. The Multicultural Media, Telecom & Internet Council and the League of United Latin American Citizens and League of Latin American Citizens had challenged that FCC decision, both on statutory grounds and as arbitrary and capricious.

The three-judge panel, with one partial dissent, rejected the appeal, concluding that the FCC's decision not to mandate bilingual simulcasts and instead gather more information was consistent with statute, "reasonable and reasonably explained." "Alert originators can (and sometimes do) compose and transmit alerts in languages in addition to English. And broadcasters in those circumstances then automatically broadcast the alerts in those other languages as well," wrote Judge Brett Kavanaugh in the opinion. "But as petitioners concede, the FCC lacks authority over alert originators and therefore cannot compel alert originators to transmit alerts in languages in addition to English."

FirstNet and AT&T continue to garner commitments from states and territories looking to use the nation’s first dedicated network for emergency workers. Even if they get every region they’re targeting, though, they’ll have to continue to fight to win over local municipalities. And that won’t be an easy task.

Earlier in 2017, the U.S. Department of Commerce granted AT&T the right to build the nation’s first network dedicated to first responders. States have a legal right to opt out of FirstNet’s service, but if they choose another service provider, the network must be interoperable with FirstNet’s offering. Securing the contract was viewed as a major win for AT&T, which will get access to FirstNet’s 20 MHz of 700 MHz low-band spectrum and $6.5 billion for designing and operating the nationwide network for federal, state and local authorities, with the right to sell excess capacity on the system. AT&T will spend roughly $40 billion over the life of the 25-year contract to deploy and maintain the network, the Department of Commerce said, integrating its network assets with FirstNet.

Few people have heard of NetHope, but lots of people have benefited from its work. The group acts as the tech arm for a consortium of 53 major global charities, working with tech giants to restore communications in the wake of natural disasters. These days, of course, NetHope is focused on Puerto Rico and other places devastated by recent hurricanes. "You can't really get food, water, shelter where it needs to go if you can't communicate, certainly not at scale," NetHope global programs head Frank Schott said.

The group has dozens of people on the ground, including volunteers from some of the biggest companies in tech. The extensive devastation of the electric grid is making things especially challenging, though the U.S. government and big companies are pitching in on efforts to restore cell service and internet connectivity.

“There are a great number of unknowns and challenges going forward about how the network will develop and whether it will be actually sustainable over time,” Mark Goldstein, a director at the Government Accountability Office, told the House Homeland Security Subcommittee on Emergency Preparedness, Response and Communications about the FirstNet system.

The First Responder Network Authority, known as FirstNet, is a planned broadband system intended to be used by first responders to help them communicate during emergencies such as natural disasters or terror attacks. Lawmakers pressed witnesses on FirstNet's development.

FirstNet is charged with establishing a nationwide public-safety broadband network that is reliable, secure, and interoperable. To inform this work, FirstNet is consulting with a variety of stakeholders. In March 2017, FirstNet awarded a 25-year contract to AT&T to build, operate, and maintain the network. FirstNet's oversight of AT&T's performance is important given the scope of the network and the duration of the contract. This testimony provides information on (1) FirstNet's efforts to establish the network; (2) stakeholder views on network reliability, security, and interoperability challenges FirstNet faces and its efforts to address them; and (3) FirstNet's plans to oversee its network contractor. This statement is based on GAO's June 2017 report.

For this report, GAO reviewed FirstNet documentation, key contract oversight practices identified in federal regulations and other sources, tribal communication practices identified by federal agencies, and assessed FirstNet's efforts and plans against these practices. GAO also interviewed FirstNet officials and a nongeneralizable selection of public safety, tribal, and other stakeholders selected to obtain a variety of viewpoints. In June 2017, GAO recommended that FirstNet fully explore tribal stakeholders' concerns and assess its long-term staffing needs. FirstNet agreed with GAO's recommendations and described actions to address them.