Monday, July 11, 2016

FirstNet - What the law States about Opt-Out vs. Opt-In. Opt-in you pay; Opt-out to receive

I want to make the legal interpretation of the HR3630 (Middle Class tax Relief and Jobs Creation Act of 2012) that pertains to the allocation of the D-Block spectrum to Public Safety and the formation of FirstNet.

Here is what the law state:


If you decide to Opt-In:


"the First Responder Network Authority shall provide to the Governor of each State, or his designee—
(A) notice of the completion of the request for proposal process;
(B) details of the proposed plan for buildout of the nationwide, interoperable broadband network in such State; and
(C) the funding level for the State as determined by the NTIA. "

If the State decides to Opt-Out:

(iii) APPROVAL.—If the Commission approves a plan under this subparagraph, the State—
(I) may apply to the NTIA for a grant to construct the radio access network within the State that includes the showing described in subparagraph (D); and
(II) shall apply to the NTIA to lease spectrum capacity from the First Responder Network Authority.

Who can use the revenue:

Use of Revenue:
(g) PROHIBITION.—(1) IN GENERAL.—A State that chooses to build its own radio access network shall not provide commercial service to consumers or offer wholesale leasing capacity of the network within the State except directly through public-private partnerships for construction, maintenance, operation, and improvement of the network within the State. 

In summary:

·      You Opt-In you pay to build your network and you can't use the revenue

·      You Opt-Out you get a grant and you can use the revenue

Is this really a decision? some guy and a blog...nue
 t-Out you get a grant and you get to use the revenue.  the allocation of the D-Block spectrum to

Just some guy and a blog….

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Words to Live By: “Here’s to the crazy ones, the misfits, the rebels, the troublemakers, the round pegs in the square holes… The ones who see things differently — they’re not fond of rules… You can quote them, disagree with them, glorify or vilify them, but the only thing you can’t do is ignore them because they change things… They push the human race forward, and while some may see them as the crazy ones, we see genius, because the ones who are crazy enough to think that they can change the world, are the ones who do.” (Steve Jobs)