Is There FirstNet Oversight?

Many have complained there isn’t enough. Are they right? You be the judge.

There has been considerable talk within NTIA and on the Hill as well as a couple of public safety associations that FirstNet doesn’t have enough oversight. Today, I submit that there is more oversight than any other program and that the oversight that was placed into the law was requested by and agreed to by public safety officials who shaped the legislation passed by and Congress. We all understood that there needed to be comprehensive oversight without it becoming too cumbersome and creating gridlock. The resulting oversight structure is what has helped FirstNet become so successful.

Let’s start with the creation of the Board itself. In the legislation that created FirstNet (PL-112-96), Congress listed specific board representation to ensure that the appropriate expertise was present on the Board and that each discipline had representation – a form of oversight.  Specifically, Congress wrote, “The First Responder Network Authority shall be headed by a Board, which shall consist of— (A) the Secretary of Homeland Security; (B) the Attorney General of the United States; (C) the Director of the Office of Management and Budget.”

The key point that should be noted here is that all of these people have been vetted and confirmed by the US Senate. The legislation  goes on to say that, “IN GENERAL.—In making appointments under paragraph (1)(D), the Secretary of Commerce shall— (i) appoint not fewer than 3 individuals to represent the collective interests of the States, localities, tribes, and territories; (ii) seek to ensure geographic and regional representation of the United States in such appointments; (iii) seek to ensure rural and urban representation in such appointments; and (iv) appoint not fewer than 3 individuals who have served as public safety professionals.”  This comprehensive list provides representation from state, local and tribal governments along with public safety community. This Congressional mandate represents a comprehensive list of qualified individuals being brought together for one common goal: the successful deployment and ongoing operation of the first and only Nationwide Public Safety Broadband Network (NPSBN). This Board is the first level of oversight.

The next component of the FirstNet oversight structure is the establishment of the Public Safety Advisory Committee (PSAC).  Congress directed that the Secretary of Commerce ,“(1) shall establish a standing public safety advisory committee to assist the First Responder Network Authority in carrying out its duties and responsibilities.…” This is a form of oversight that allows the public safety community to have visibility into FirstNet and to provide recommendations. This group of experts always has the ability to reach out to Congress if they feel FirstNet is not fulfilling its mission and needs a course correction.  This body of public safety professionals reports directly to the FirstNet Authority Board and its members are appointed by the Board Chair after the representative public safety organizations make their recommendations for membership.

The third part of the oversight structure is the role of the Government Accounting Office (GAO). The legislation says the following,  “(g) GAO REPORT.—Not later than 10 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on what action Congress should take regarding the 15-year sunset of authority under subsection (f).” Indeed, there have been several GAO reports that have made recommendations for improvements to FirstNet (all of which have been adopted by the FirstNet Board). However, the most important recommendation was the one included in the congressionally mandated 10-year report. That is, that FirstNet should be reauthorized.

Beyond the above listed oversight, there is also the independent audit requirement required by Congress. The law states that, “The Secretary of Commerce shall enter into a contract with an independent auditor to conduct an audit, on an annual basis, of the First Responder Network Authority in accordance with general accounting principles and procedures applicable to commercial corporate transactions. Each audit conducted under this paragraph shall be made available to the appropriate committees of Congress.” This is very common in business and government and is clearly a form of oversight.

On top of all that, the FirstNet Authority has additional reporting requirements. The legislation requires the following,  “(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the First Responder Network Authority shall submit an annual report covering the preceding fiscal year to the appropriate committees of Congress.”  The First Responder Network Authority has submitted this annual report every year as required.

By now, I think you get the point that FirstNet already operates under a comprehensive oversight structure. But wait, there is still more.

Even the FCC has a role in the oversight of FirstNet. Under the law, FirstNet must,  “demonstrate that, during the preceding license term, the First Responder Network Authority has met the duties and obligations set forth under this Act. A renewal license granted under this paragraph shall be for a term of not to exceed 10 years.”

So, not only does the FCC hold an additional level of authority over FirstNet, they also get to review it every ten years. Also, let’s not forget the Commission is made up of Executive Branch appointees who are also confirmed by the Senate.

In fact, the FCC has recently reviewed and renewed the license and they will perform another review in 10 years.

Last but not least on my list is the fact that the Department of Commerce Inspector General review the program / operation. We know this because there have been several reports.  The First Responder Network Authority has responded to each of the Department of Commerce OIG reports and plans for any remediation have been approved by the OIG.

I think it is clear to see that Congress did a very good job in crafting this legislation and creating the most significant and successful public-private partnership that other countries are trying to replicate. As a final test of this successful oversight structure, you need only look at the millions of first responders that have chosen FirstNet and use it on a daily basis to save lives and improve government services. Changing the governance and oversight structure now puts them and their communities at risk. A clean reauthorization not only supports local first responders and our communities, but also provides for the robust oversight structure requested by public safety and mandated by Congress.