	Introduction

The First Responder Network Authority (FirstNet) is a federal agency created by Congress in the Middle Class Tax Relief and Job Creation Act of 2012 ( P.L. As a result, Congress authorized FirstNet to enter into a public-private partnership to leverage commercial infrastructure and services, in exchange for access to FirstNet assets, including $7 billion in funding and 20 megahertz (MHz) of spectrum. In March 2017, FirstNet awarded the contract to build the network to AT&T. AT&T is also recruiting users to the network to ensure adoption targets are met. During the terrorist attacks of 9/11, public safety agencies could not communicate with each other. Radio channels were overloaded, and the multiple public safety agencies that responded to the events were operating on various frequencies and could not interoperate. Further, the 9/11 Commission noted that systems and channels were overloaded by the large number of responders trying to communicate that day. The Commission called for the expedited and increased assignment of radio spectrum for public safety use. Major Developments in 2017

On March 30, 2017, FirstNet awarded AT&T with a 25-year contract to build, operate, and maintain the nationwide public safety broadband network. AT&T will provide FirstNet with access to its existing infrastructure, valued at more than $180 billion, and with $40 billion over the life of the contract to support the public safety network. Under the contract, AT&T will build a 4G Long Term Evolution (LTE) network for public safety users. Some Members questioned FirstNet, AT&T, and state representatives on state plans, the opt-in/opt-out process, factors affecting opt-in/opt-out decisions, and critical aspects of the FirstNet/AT&T network, including coverage (rural and non-rural); the security, reliability and redundancy of the FirstNet network; features available on the network; site hardening (e.g., strengthening and protecting critical infrastructure from disasters); and cost. Users are needed to ensure that the network will be self-sustaining, as required in the act, and to achieve the intent of the law—to provide a single, interoperable network that public safety agencies can use to communicate and coordinate during disasters. Congress may consider requiring FirstNet to release the contract and state plans, or to provide greater detail on the network, so that Congress can ensure that the FirstNet/AT&T approach meets the requirements in the act, and the intent of the law: to provide a nationwide network for public safety to communicate and coordinate during response. Services Beyond the Initial Five-Year Deployment

By January 2018, all 50 states and 6 territories accepted the FirstNet/AT&T plan to deploy the network in their state, although some opted in reluctantly. While the provisions in the RFP reflect the requirements in the act, the proprietary nature of the contract and the state deployment plans makes it difficult to determine if the requirements of the law are being met, how the resources provided (e.g., $6.5 billion and 20 MHz spectrum) are being used, and if the network is being deployed as intended by Congress. Congress may consider requesting more information from FirstNet and AT&T on the FirstNet network's public safety grade features and when they will be available to public safety users, as these issues may affect state and local public safety agencies' decisions to join the network, the ability of the project to be self-sustaining, and the success of the network. AT&T can also monetize (i.e., earn revenue from) the excess capacity of FirstNet's 20 MHz of broadband spectrum, when it is not in use by public safety. Even if a state opted into the network (i.e., opted to have FirstNet/AT&T deploy the network in their state), the public safety agencies in the states are not required to subscribe to the network. A financial challenge for FirstNet/AT&T will be in enrolling subscribers to the system. Congress may continue oversight of the FirstNet network to better understand the deployment and critical aspects of the network; to ensure that the network is being deployed as intended by Congress; and to ensure that public safety users are subscribing to the network, which is needed to support current operations and future improvements to the network. 112-96 .
During the events of September 11, 2001 (9/11), first responders could not communicate with each other. Some radios did not work in the high-rise World Trade Center; radio channels were overloaded by the large number of responders trying to communicate; and public safety radio systems operated on various frequencies and were not interoperable. There were also non-technical issues. Officials struggled to coordinate the multi-agency response, and to maintain command and control of the numerous agencies and responders.
The 9/11 Commission called for the "expedited and increased assignment of radio spectrum for public safety purposes." Increased spectrum would allow public safety agencies to accommodate an increasing number of users; support interoperability solutions (e.g., shared channels); and leverage new technologies (e.g., live video streams) to enhance response.
In 2012, Congress acted on the recommendation of the 9/11 Commission. In Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96), Congress authorized the Federal Communications Commission (FCC) to allocate additional spectrum for public safety use; established the First Responder Network Authority (FirstNet) and authorized it to enter into a public-private partnership to build a nationwide public safety broadband network; and, provided $7 billion out of revenues from spectrum auctions to build the network.
February 22, 2017, marked five years since the act was signed into law. FirstNet has made progress in implementing the provisions in the act. In March 2017, FirstNet awarded a 25-year, $6.5 billion contract to AT&T to build and maintain the nationwide network for public safety. FirstNet provided AT&T with 20 megahertz (MHz) of broadband spectrum, which AT&T can monetize for public safety and non-public safety use. AT&T is providing FirstNet access to its infrastructure, valued at $180 billion, and $40 billion to maintain and improve the network.
In September 2017, FirstNet/AT&T presented states with plans detailing how the network would be deployed in each state. Governors could opt to have AT&T deploy the network (i.e., opt in), or have the state assume responsibility for the deployment (i.e., opt out). By January 2018, all 50 states and 6 territories opted in. This was viewed as a victory for FirstNet, AT&T, and public safety stakeholders who had long advocated for a nationwide network for public safety.
However, challenges remain. While governors allowed FirstNet/AT&T to deploy the network in their states, there is no requirement for state and local public safety agencies to use the network. FirstNet/AT&T must attract users to the network to ensure the network is self-sustaining, as required under the act. FirstNet set adoption targets and steep penalties that AT&T must pay if targets are not met. AT&T has offered specialized features and services (e.g., priority access to the network, support during disasters) to attract users to the network. However, Verizon has offered similar services to entice users to its network which may affect FirstNet/AT&T's enrollment efforts. There are other factors affecting enrollment. Some public safety agencies have expressed reluctance to join the FirstNet network, citing uncertainties with the resiliency, reliability, and security of the network, coverage, and cost. Other agencies have expressed an unwillingness to join until FirstNet can provide mission critical voice features—essential features that responders have on their radios and use during emergencies—that will not be available from FirstNet until 2019. Attracting users to the network will be challenging for FirstNet/AT&T, but necessary to meet the requirements in the law and achieve the intent of the act.
Congress may continue its oversight of FirstNet to ensure the FirstNet network is meeting public safety needs (e.g., security, reliability, and resiliency), requirements in the law are met, and the network is deployed as intended. Congress may monitor subscribership to ensure the network will be self-sustaining, as required in the act, and that the intent of the law is achieved.