Reference a recent article by Donny Jackson of Urgent. Opt out fight was always going to happen so don't think it's avoidable. The only way for this fight to be avoidable is for FirstNet to be under the control of the Governors with specifications that the Federal requirements are met.
What is confusing to most is that the State, or FirstNet, can't take any revenue from selling broadband. In fact any revenue the State, or FirstNet, takes in has to be reinvested, but the law states that commercial broadband can be available through a “public private partnership” meaning the States portion of the revenue would be reinvested; this don't address the private entity though. A privately funded solution for the States buildout would be able to sell broadband service as long as public safety is priority. That is why the law States “public private partnership”, plus it goes hand-in-hand with Title II where as broadband is classified as a Utility. Who would have thought?
In short the only misinterpretation of the law is when FirstNet, or a State, fails to see the business model opportunity, thus without that business model laid out people will freely interpret the law the way it fits them. FirstNet just needs to put the Business Model framework together, then let the States build off it just as Chair Swenson eluded too.
This isn't rocket science. This is why I'm always preaching for the need of a real business model for opt out states.
If FirstNet doesn't setup the framework I hinted too for the last three years, then when the battles start to happen, it will be presumed that FirstNet didn't setup the model on purpose.
FirstNet is the loser either way in this. Without more than 95% of the States “opting in” the “Business Model” they created for a National Footprint will fail miserably. If FirstNet tries to force the issue of “opt in” in then States will just stand down and watch what happens not taking part at all, thus no participants. These are some of the reasons why I think FirstNet needs to report to a board of Governors not the NTIA and DOC.
But who am I other than…
Just some guy and a blog….