PUBLIC NOTICE
Federal Communications Commission
445 12
th
St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
DA 17-956
Released: October 2, 2017
PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ANNOUNCES 90-DAY 
DEADLINE FOR GOVERNORS TO ELECT WHETHER TO OPT OUT OF THE 
FIRSTNET RADIO ACCESS NETWORK
State Opt-Out Election Notifications for 52 States and Territories Due By December 28, 2017 
PS Docket No. 16-269
On June 22, 2017, the Federal Communications Commission (Commission) adopted a Report and 
Order in this docket establishing Commission procedures for administering the state opt-out process as 
provided under the Public Safety Spectrum Act.
1
  Under Section 6302(e)(2) of the Act, each state 
Governor has 90 days from the receipt of notice by the First Responder Network Authority (FirstNet)
under Section 6302(e)(1) to choose whether to participate in the Nationwide Public Safety Broadband 
Network (NPSBN) or elect for the state to conduct its own state Radio Access Network (RAN) 
deployment.
2
  In the Report and Order the Commission directed FirstNet to notify the Public Safety and 
Homeland Security Bureau (Bureau) when it had provided states the requisite “notice” under the Act.
3
  
The Commission also directed the Bureau to issue a Public Notice announcing the commencement of the 
90-day period and specifying the deadline for states to file opt-out notifications with the Commission, 
FirstNet, and the National Telecommunications and Information Administration (NTIA).
4
  
On September 29, 2017, FirstNet notified the Commission that 52 states and territories received 
the required statutory notice, commencing the 90-day opt-out decisional period for those states and 
territories.
5
  
                                                     
1
See Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156 §§ 6001-6303, 6413 
(codified at 47 U.S.C. §§ 1401-1443, 1457) (“Public Safety Spectrum Act” or “Act”).  See also Procedures for 
Commission Review of State Opt-Out Requests from the FirstNet Radio Access Network, PS Docket No. 16-269, 
Report and Order, 32 FCC Rcd 5311 (2017) (Report and Order).
2
Public Safety Spectrum Act, § 6203(e)(1-2).  
3
Report and Order, 32 FCC Rcd 5315 at para.11.
4
Id.
5
Letter from Patrick Donovan, Attorney, First Responder Network Authority, to Lisa Fowlkes, Chief, Public Safety 
and Homeland Security Bureau, Federal Communications Commission (Sept. 29, 2017) (PS Docket No. 16-269).  
The 52 states and territories are listed in the attached Appendix. Puerto Rico, Guam, the Northern Mariana Islands, 
and American Samoa did not receive notice from FirstNet, and accordingly their 90-day decision period has not 
been triggered.  We will announce the decision period for these territories by future Public Notice after FirstNet 
provides the required statutory notice to each territory and informs the Bureau it has done so.     
2Based on this notice date, any of the 52 states or territories electing to opt out must submit such 
notice to the Commission no later than December 28, 2017.
6
  All opt-out notices must reference PS 
Docket No. 16-269 and must be filed via the dedicated email address: opt-out@fcc.gov, or via certified 
mail to the Office of the Secretary, 445 12
th
Street SW, Washington, DC 20554, ATTN: John Evanoff.  
Further, we remind states that:
? Opt-out notices must certify concurrent notification to FirstNet and NTIA; and
? Notice must be made by the Governor or the Governor’s duly authorized 
designee, and if made by the latter, evidence of such delegation must be included 
in the notice.
7
  
For further information, contact Roberto Mussenden, Attorney Advisor, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, at (202) 418-1428 or 
Roberto.Mussenden@fcc.gov; or John Evanoff, Attorney Advisor, Policy and Licensing Division, Public 
Safety and Homeland Security Bureau, at (202) 418-0848, or John.Evanoff@fcc.gov.
-FCC-
                                                     
6
States choosing not to opt out are not required to file any notification.  
7
Report and Order, 32 FCC Rcd at 5315, paras. 11-12. 
3APPENDIX
States and Territories that Received Statutory Notice of their State Plan on September 29, 2017 
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
District of Columbia
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming