§ 90.532   Licensing of the 758-769 MHz and 788-799 MHz Bands; State opt-out
election and alternative plans.

   (a) First Responder Network Authority license and renewal. Pursuant to
   Section 6201 of the Middle Class Tax Relief and Job Creation Act of
   2012, Public Law 112-96, 126 Stat. 156 (2012), a nationwide license for
   use of the 758-769 MHz and 788-799 MHz bands shall be issued to the
   First Responder Network Authority for a initial license term of ten
   years from the date of the initial issuance of the license. Prior to
   expiration of the term of such initial license, the First Responder
   Network Authority shall submit to the Commission an application for the
   renewal of such license. Such renewal application shall demonstrate
   that, during the preceding license term, the First Responder Network
   Authority has met the duties and obligations set forth under the
   foregoing Act. A renewal license shall be for a term not to exceed ten
   years.

   (b) State election to opt out of the First Responder Network Authority
   Nationwide Network. No later than 90 days after receipt of notice from
   the First Responder Network Authority under section 6302(e)(1) of the
   Middle Class Tax Relief and Job Creation Act of 2012, Public Law
   112-96, 126 Stat. 156 (Spectrum Act), any State Governor or the
   Governor's designee shall file with the Commission a notification of
   the Governor's election to opt out and conduct its own deployment of a
   State radio access network pursuant to section 6302(e)(2)(B) of the
   Middle Class Tax Relief and Job Creation Act of 2012. This notification
   shall be sent to a dedicated email address specified by the Commission
   or via certified mail to the Secretary's office. At the conclusion of
   the opt-out notification period, the Public Safety and Homeland
   Security Bureau shall issue one or more Public Notices denoting which
   states have elected to opt out. In addition:

   (1) Such notification shall also certify that the State has notified
   the First Responder Network Authority and the National
   Telecommunications and Information Administration of its election.

   (2) If such notice is filed by the Governor's designee, it shall
   include memorialization of the Governor's delegation of authority in
   writing with the notice.

   (c) Petitions for leave to intervene. Entities other than the First
   Responder Network Authority, the National Telecommunications and
   Information Administration, and the relevant state may petition the
   Commission for leave to intervene. Such a petition must be made within
   30 days of the Public Notice issued in conformance with paragraph (b)
   of this section. The petition must note the specific plan on which the
   filer wishes to comment and clearly detail the filer's interest in the
   proceeding. This includes an explanation of the filer's interest in the
   outcome of the particular state's application, as well as an
   explanation of how the filer's interests are not otherwise represented
   by the state, FirstNet, or NTIA, or how its participation would
   otherwise aid the Commission in a full evaluation of the facts.

   (d) Filing of alternative state plans by states electing to opt out. No
   later than 240 days after filing notice of a State's election with the
   Commission under paragraph (b) of this section, the State Governor or
   the Governor's designee shall file an alternative plan with the
   Commission for the construction, maintenance, operation, and
   improvements of the State radio access network. Alternative plans may
   be sent to a dedicated email address specified by the Commission or via
   certified mail to the Office of the Secretary.

   (e) Contents of alternative state plans. An alternative state plan
   shall include:

   (1) An interoperability showing, demonstrating:

   (i) Compliance with the minimum technical interoperability requirements
   developed under section 6203 of the Middle Class Tax Relief and Job
   Creation Act of 2012; and

   (ii) Interoperability with the nationwide public safety broadband
   network.

   (2) Certifications by the State Governor or the Governor's designee,
   attesting:

   (i) Adherence to FirstNet network policies identified by FirstNet as
   relating to technical interoperability; and

   (ii) Completion of the state's request for proposal within 180 days of
   receipt of notice of the State Plan furnished by the First Responder
   Network Authority. Such certification may only be made if the state
   has:

   (A) Issued a request for proposal for the state's Radio Access Network;

   (B) Received bids for such network; and

   (C) Selected a vendor(s).

   (f) Commenting on alternative state plans. Within 10 business days of
   the submission of an alternative state plan the Public Safety and
   Homeland Security Bureau shall determine whether the plan is acceptable
   for filing under the criteria set forth under paragraphs (d) and (e) of
   this section. The Bureau shall issue a Public Notice identifying each
   plan that has been accepted for filing and initiating an abbreviated
   comment cycle.

   (1) The First Responder Network Authority, the National
   Telecommunications and Information Administration, and any entity
   granted party status under paragraph (c) of this section may file
   comments within 15 days of the issuance of the Public Notice set forth
   in this paragraph (f).

   (2) The relevant state may file reply comments within 30 days of the
   issuance of the Public Notice set forth in this paragraph (f).

   (3) States can file the plans, and those granted party status to each
   proceeding may file comments on the plan, in the specified state docket
   via a dedicated email address specified by the Commission or via
   certified mail to the Office of the Secretary.

   [ 77 FR 62463 , Oct. 15, 2012, as amended at  82 FR 46691 , Oct. 6, 2017]

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