Have you read Donny Jackson’s latest article entitled “Will other states follow New Hampshire’s lead and conduct their own RFPs for public-safety LTE?
Can I say I told you so! My idea in that the only way to truly meet the demands of the law, in it’s entirety, and to fully “self-fund” and “self-sustain” the complete solution for Public Safety Broadband is finally being recognized. There isn’t a clearer way to put it than to layout exactly what the law says – there is no false interpretation to be had. If you disagree and state that “others interpret the law differently” then you are purposefully trying to curtail the actual goal with your own modified goal, especially when the law is so clear and precise. This is not a case of who has the better idea, it’s a case of which idea is the right one.Let’s really look at the law as it was written: :)
Step 1: The Law is called – “HR 3630 – Middle Class Tax Relief and Jobs Creation Act of 2012”
Step 2: You go into the Law and look for “Subtitle B—Governance of Public Safety Spectrum” (just do a Ctrl-F and put in a piece of the title it will take you right there)
Step 3: Under this section you look for a section entitled “SEC. 6302. STATE AND LOCAL IMPLEMENTATION”
Step 4: You then go down and look for section “(g) PROHIBITION —“
Step 5: Under section (g) you will see -- right in front of you – the following, “(1) IN GENERAL — A State that chooses to build its own radio access network (in other words OPT-OUT) shall not provide commercial service to consumers or offer wholesale leasing capacity of the network within the State EXCEPT DIRECTLY THROUGH PUBLIC-PRIVATE PARTNERSHIPS (key word here is EXCEPT) for construction, maintenance, operation, and improvement of the network within the State.”
Step 6: You then specifically read, over and over again, the statement described in the Law that says “EXCEPT DIRECTLY THROUGH PUBLIC-PRIVATE PARTNERSHIPS” … “EXCEPT DIRECTLY THROUGH PUBLIC-PRIVATE PARTNERSHIPS” … “EXCEPT DIRECTLY THROUGH PUBLIC-PRIVATE PARTNERSHIPS”. Eventually you will start to understand what the Law is saying and how it should be interpreted. Simply put, an Opt-Out State can collect revenue through a “Public Private Partnership”. There is no other interpretation to be had. I mean you can look up the term yourself, you will find that the word "EXCEPT" is a counter argument, or solution, to the statement of "shall not", but I digress.
From this point forward you need to do what New Hampshire just did, request your own proposal for a Public Private Partnership that you, as an “opt-out” State, will utilize to mandate a solution that will “self-fund” and “self-sustain” your statewide broadband network; then let the private sector takeover and come up with some ingenious and creative ideas for you. It really is that simple.
Now don’t go off feeling sorry for FirstNet just because the idea they proposed from the start was never going to work. The fact is, FirstNet has everything to gain from this; they can keep the $6.75 Billion for themselves to augment their own needs for a national CORE solution; at the same time develop their own centralized operations and long-term data storage necessities. On top of that, FirstNet can just layout its “own” ownership stake in each of the State “opt-out” efforts thus creating their own “self-sustaining” solution long-term. Ahh…the beauty of the Public Private Partnership model.
What New Hampshire is doing will be the catalyst for the rest of the nationwide build-outs. For someone to believe that too many States coming out at once asking for their own RFP seeking a similar P3 like New Hampshire is a bad idea; I would counter that assumption with the notion that such a dilemma will be a GREAT problem to have -- much better than what we have today. Have faith in the American People and the industry. I can guarantee you that the industry will morph to meet the needs of such an expanding market place – like a sun dried sponge being dunked into a pale of ice cold water on a hot summer day in Texas. Such action in the market place will benefit everyone, to include the overall economy, by providing the “middle class with tax-relief” through private investments thus funding “job creation” through the “Action” of economic development for the foreseeable future – thus the “Middle Class Tax Relief and Jobs Creation Act of 2012”.
But who am I other than….
Just some guy and a blog….