By R. Michael Senkowski, Anna M. Gomez, and Katy M. Ross
The First Responder Network Authority, or FirstNet, is charged with deploying the first high-speed, nationwide wireless broadband network for public safety. This network provides an excellent platform for public safety to deploy and use unmanned aircraft systems (UAS). UAS are an important tool for public safety, whether for law enforcement, fire response, or emergency services response. UAS providers and manufacturers should therefore be engaged with FirstNet’s efforts to plan and deploy its network.
Public Safety Use of UAS
UAS have proven to be useful and effective for public safety. Public safety increasingly is using new UAS technologies for vital missions involving law enforcement, firefighting, border patrol, disaster relief, and search and rescue. As UAS become more affordable and easier to operate, it is likely that more public safety entities will take advantage of using this technology. In fact, since 2009, the FAA has issued over 1,300 Certificates of Waiver or Authorization to government agencies to operate UAS in non-emergency and emergency situations. That number is expected to rise further and even more quickly in the next year.
FirstNet
Congress created FirstNet in 2012, and charged it with deploying a nationwide, high-speed public safety wireless broadband data network. The nationwide network will consist of a 700 MHz 4th Generation Long Term Evolution (LTE) network. Initially, FirstNet will be primarily a data network, and public safety will use it to send video, images, and data. Congress gave FirstNet 20 megahertz of 700 MHz spectrum and authorized $7 billion to finance the nationwide network. FirstNet therefore has the bandwidth and the financing needed to kick start the network.
FirstNet is still in the early planning and design stage of its network deployment. FirstNet is developing its network architecture and business plan, and is working with federal, state, local, and territorial stakeholders every step of the way. FirstNet has issued 12 Requests for Information (RFIs) on its network architecture, devices, and potential applications for its broadband data network. Once it develops its network architecture, in consultation with federal, state, tribal and territorial stakeholders, it will issue requests for proposal to deploy the network.
First Responder Network Opportunity for UAS
Based on the RFIs, FirstNet is contemplating the use of UAS. For example, FirstNet’s RFI on network infrastructure seeks information on Deployable Aerial Communications Architecture, which it expressly states would include UAS. In addition, in its RFI on Satellite Services, FirstNet has asked about the ability of its system to inter-network with unmanned aircraft. Finally, the FirstNet network can be a platform for UAS to provide direct service to the public safety mission.
Early Deployments
While FirstNet is in the planning phases of the nationwide network, several local jurisdictions are in various stages of deploying their own networks. For example, Harris County, Texas, has deployed and is currently operating a 700 MHz LTE broadband network for public safety. Additionally, FirstNet has entered into leases with the Los Angeles Regional Interoperable System and the states of New Jersey and New Mexico, all of which will deploy 700 MHz public safety wireless broadband networks. These early deployments provide “proof of concept” opportunities for UAS and public safety in general. UAS stakeholders, working with these local networks, have the opportunity to highlight beneficial and functional UAS uses on a smaller scale. If successful, such uses may even be incorporated into the nationwide FirstNet deployment.
FirstNet Opportunity for UAS
Now is a crucial time in the development of the FirstNet network architecture and business plan. There is a unique opportunity to shape the ultimate architecture of the network now, while FirstNet is still in the earliest design phase. Getting involved at the planning stages can help ensure that the resulting network is compatible with the full use of UAS. Furthermore, FirstNet is engaging in market research for its future procurement processes. This is the time to illustrate the potential for UAS, both for the FirstNet network specifically and for fulfilling the public safety mission generally.
This is a publication of Wiley Rein LLP providing general news about recent legal developments and should not be construed as providing legal advice or legal opinions. You should consult an attorney for any specific legal questions. Authors can be contacted as follows: Michael Senkowski at 202.719.7249 or msenkowski@wileyrein.com, Anna M. Gomez at 202.719.7261 or agomez@wileyrein.com, or Katy M. Ross at 202.719.7410 or kmross@wileyrein.com.
Source: Wiley Rein LLP