FCC Order Clarifies FirstNet Spectrum Issues; NPRM Opens Door on State Opt-Out Process

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The FCC has released a Report and Order and Notice of Proposed Rulemaking (Order and NPRM) finalizing various FirstNet spectrum and legacy operation issues and seeking comment on a proposed timeline for administering the State and Territory “opt-out” process.  Specifically, the Order:  (1)  provides a mechanism to facilitate the relocation of the public safety narrowband incumbents currently operating on FirstNet’s spectrum; and (2) declines to impose specific build-out requirements on FirstNet as a condition of future license renewal.  The NPRM seeks comment on:  (1) what showing should be required for a State or Territory to demonstrate that it has developed and completed a Request for Proposal (RFP) within the 180 days required by federal law; and (2) what type of opt-in or opt-out notice is sufficient for a State or Territory to generate to the FCC, FirstNet, and NTIA.  Comments are due thirty days after publication of the NPRM in the Federal Register and reply comments are due 60 days after publication of the NPRM in the Federal Register.

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