As former senior members of the House Energy and Commerce Committee, we sparred on many policy issues. But we agreed that First Responders needed the most innovative, interoperable communications technology the competitive marketplace had to offer. When a 911 call gets placed, when an emergency siren cries out, when our communities are in their greatest need, public safety communications must work without fail. And that means Congress must again ask tough questions about policies supporting those technologies – in this case, whether FirstNet is fully achieving the goals we put into law in 2012.
Following the attacks of September 11th, we knew we had a responsibility to modernize and enhance America’s public safety communications infrastructure. At the same time, public safety was already considering the transition from purpose-built walkie-talkies to more advanced commercial platforms driven by 4G wireless. So, in 2012 we created FirstNet, with the vision of a dedicated, interoperable, wireless, broadband network for public safety.
By law, FirstNet is set to expire in early 2027. That was purposeful – we believed 15 years would allow enough time to get started but not so long that it would lock in place outdated technology or stale policy choices. We wanted future Congresses to evaluate what is going well or poorly and to make sure our first responders always had the very best technology available to them.
Ultimately, the government contracted with AT&T to operate this public safety network. At the time, we expected FirstNet to be independent, rugged, and ready for anything. Today there is a broad perception that FirstNet is a separate physical network owned by the federal government and therefore the American people. This view is understandable given the billions of taxpayer dollars and free spectrum that seeded its creation.
In fact, the “FirstNet network” is owned and controlled by AT&T – not the American taxpayer – and you must be an AT&T customer to have access. Notably, other major providers are providing services similar to AT&T’s FirstNet-branded service, including priority and preemption capabilities but without the multi-billion-dollar federal subsidies. Now is the time to examine the FirstNet arrangement and determine what updates should be made.
Earlier this month, our former colleagues at the Energy and Commerce Committee initiated a broad conversation about the state of the public safety communications marketplace. Witnesses testified about significant competition for public safety services by all three national wireless carriers, and the critical importance of preserving alternatives in a changing public safety communications environment. One witness described how his jurisdiction’s communications system screens for the best connection before deciding the right network for a particular call. And members expressed concerns about over-reliance on a single network when disasters strike.
The current FirstNet framework has faced serious management and performance challenges. The Commerce Department Inspector General (IG) has issued nearly 20 critical reports of FirstNet, with findings about missed deployment deadlines, deficient oversight, and serious network failures. What’s more – a recent investigation revealed that FirstNet leadership threatened and retaliated against staff who responded to oversight questions from the IG. The record shows a pattern begging for Congress to dig in to ensure these improprieties stop.
Asking constructive and challenging questions at this 15-year checkpoint is essential if our collective goal is to improve public safety. Why should all FirstNet funds only go to one network provider if public safety users need competitive choices? Is pushing for all public safety communications to ride on a single network wise in an age of cybersecurity threats? Could funds that currently direct through FirstNet to AT&T be dedicated to other major public safety communications needs like Next-Generation 911?
To be clear – we absolutely support the reauthorization of FirstNet in a modernized form that serves all First Responders and deploys resources in ways reflective of the current public safety communications market. Refreshing FirstNet is not a binary choice – permanently reauthorize with no changes or abandon the core public safety mission of FirstNet completely. To the contrary, in the face of 20 IG reports, 15 years of technological change and a robust competitive landscape, it’s worth the effort to consider how best to reform FirstNet for the benefit of all Americans. The safety and security of our country deserves nothing less.
Former Reps. Walden (R-OR) and Waxman (D-CA) previously served as Chair of the House Energy and Commerce Committee.
