Court clears way for AT&T and FirstNet but challenges remain

EDITOR's NOTE: This article was first published by FCW.com.

The federal court ruling that leaves AT&T as the only bidder for the multi-billion-dollar contract for a nationwide public safety broadband network may have also have stiffened competition at the state level for network capability.

U.S. Court of Federal Claims Judge Elaine Kaplan, on March 17, denied Rivada Network's protest motion to compete with AT&T for the 25-year, $6.5 billion contract. The Rivada consortium's protest filing last November forced FirstNet to miss its anticipated contract award date that month.

Judge Kaplan had been considering the protest's fate since final oral arguments concluded in the case in early March. The March 17 decision was sealed by the court for competitive reasons.

FirstNet had been anticipating a ruling last week, with officials saying they were prepared to move ahead on the award quickly after the court's decision.

"We are pleased with the Court's decision. This is a positive development for FirstNet and the public safety community," said FirstNet CEO Mike Poth in a statement on the decision late on March 17. "FirstNet intends to move expeditiously to finalize the contract for the nationwide public safety broadband network."

That contract will most likely go to AT&T, since communications industry insiders and AT&T's own Securities and Exchange Commission filings have said the company is the sole bidder left standing in line for the nationwide contract. Barring any action by the Trump administration, industry insiders said the contract most likely now will go to AT&T.

"We are pleased by the court's ruling as it allows FirstNet to select its partner and jump-start the process of delivering America's first nationwide broadband network dedicated to public safety," said AT&T in a statement after the ruling. "We would be honored to be selected and help fulfill FirstNet's important public safety mission."

In the face of the ruling, however, Rivada Networks vowed something of a house-to-house competitive battle in the states for networking contracts. In the hours after the decision, the consortium -- which includes Harris Corp, Intel, Fujitsu, Ericsson and Nokia -- said it would work directly with states and territories developing their own interoperable Radio Access Network solution. Under FirstNet's rules, states can opt-out and use RANs if they get federal approval for their plans.

Rivada Networks is still considering its legal options following the federal court ruling, company spokesman Brian Carney told FCW in an email on March 20.

The company said it is currently working with the state of New Hampshire on an alternative plan for that state, if it decides to opt out, and working with other states on similar plans.

The company's leadership struck a combative tone in the immediate wake of the ruling.

"FirstNet has made its choice," said Rivada Networks co-CEO Joe Euteneuer in a statement just after the ruling. "Now it is time for states to make theirs. Those that stand by idly will be forced into a federal solution that may or may not suit their needs or budgets. We look forward to working with the states to ensure that they receive a network equal to the promise made to public safety when FirstNet was created."

"Rivada was founded on the conviction that first responders need and deserve access to a world-class, purpose-built high-speed wireless network," said Declan Ganley, co-CEO and executive chairman of Rivada Networks, in the same March 17 statement. "We want America's Governors to know that Rivada's solution remains available to them even if FirstNet ultimately chooses a different approach."