Questions Remain About FirstNet Week After Fitzgerald Took Concerns Public

At the same time, questions have arisen about ties between the former Vodafone AirTouch Communications and FirstNet. AirTouch was headed by FirstNet Board Chairman Sam Ginn. FirstNet member Craig Farrill, who was the acting general manager until last week, is the former chief technology officer at AirTouch. New GM Bill D'Agostino is an AirTouch veteran.

"FirstNet Board members Sam Ginn and Craig Farrill worked together in executive management roles at AirTouch Communications’ headquarters, while General Manager Bill D'Agostino had a network operations role at AirTouch. They each have considerable experience in building wireless communications networks using new technologies,” a FirstNet spokeswoman said. “Their knowledge is invaluable as FirstNet works to define public-safety grade standards and gather requirements for building the first LTE network dedicated to public safety.” D'Agostino was selected by a working group of the board that included members Tim Bryan, Teri Takai and Chuck Dowd.

"Of course, you want to have people that you trust, but the bad side of that can be sort of a cloistered, closed process,” said a former FCC official who has watched the process closely. “Not only does the situation call for a more open process, even the statute calls for it.” FirstNet was created by last year’s Spectrum Act, which dedicated $7 billion to pay startup costs.

"I hope the public safety community does not get so lost in their differences at the start such that they lose sight of the FCC’s incentive auction proceeding insofar as what bidding rules would give first responders the best opportunity to actually secure the $7 billion in seed money earmarked by legislation,” said Jeff Silva, analyst at Medley Global Advisors. “If the auction is less than successful, public safety could have a much bigger problem on its hands than any of the administrative/organizational snags encountered to date."

Officials we spoke with break down roughly into two camps in their analysis of last week’s fireworks at the FirstNet board meeting. Some downplay Fitzgerald’s comments, noting that he has close ties to Chief Harlin McEwen, former chairman of the Public Safety Spectrum Trust who has since been relegated to a more minor role as chairman of the Public Safety Advisory Committee, which has little actual authority. Others said the comments point to a growing divide in the public safety community about how FirstNet is being managed and show that building a network will be a difficult, lengthy process. McEwen declined to comment. Fitzgerald also declined to comment beyond what he said at last week’s board meeting.

The Major Cities Chiefs Association and other groups released statements downplaying divisions. The National Sheriffs’ Association supported Fitzgerald. “It is critical that public safety have a leading voice in the development of FirstNet, and Sheriff Fitzgerald should be strongly commended for taking a stand for public safety in his role as a FirstNet board member,” the group said in a statement. “Warnings that FirstNet may be off course are very concerning to the NSA, and the NSA encourages that a complete review of FirstNet, as called for by Sheriff Fitzgerald, be undertaken before further progress is made."

The International Association of Fire Chiefs (IAFC) and the Metropolitan Fire Chiefs Association (MFCA) said in a joint statement they're pleased Fitzgerald’s complaints will be given a full hearing. “The IAFC and the MFCA are following developments relating to the allegations raised at the April 23 FirstNet board of directors meeting,” they said. “It is important that this enterprise be carried out with integrity and in accordance with existing federal rules and regulations. We understand that the FirstNet board of directors will undertake a review of these allegations immediately and take any appropriate action to address them."

"I suspect it was unrealistic for us to expect that the public safety community would stay completely unified on things,” said a former FCC official. “I'm afraid that this might be a little bit of a crack. The sheriffs, being more rural, may not see it exactly the same as the cities. In a positive sense, I hope Sam Ginn says ‘we're going to open up, we're going to talk about things freely.'” The future is unclear, the official said: “There’s a possibility that this is going to blow over … but Sheriff Fitzgerald, he obviously unloaded both barrels.”

Another former FCC official said the fight on the FirstNet board shows that building a network will be a long, difficult task. “To me, it means more of the same,” the official said. “This is the stuff we have seen for a decade. What kind of confidence should members of Congress, or for that matter the American people, have in the ability of this group to launch a nationwide, public safety broadband network in an efficient, timely way?"

"Public safety expected a greater role in the process based on the statute and the board positions, but even some of the board members have found the lack of transparency and access to information surprising and frustrating,” said a top wireless lawyer. “These problems could continue to fester unless addressed.”

A public safety official noted that Fitzgerald has deep ties to McEwen. Fitzgerald “probably would have done better by not referencing solely the work of the committee that Harlin chairs, the official said. Public safety has to “buy in” and use FirstNet, he said. “But I would rather have that network well under way in the planning, the development, the governance … and then figure out how that network can address some of the public safety interests, rather than have public safety dictate what that network should look like, what it should be doing."