WASHINGTON — Supporters of the FirstNet program that provides emergency communications for first-responders still see hope for reauthorization this year, despite continued disagreements over what changes, if any, should be made to how the program is governed.

A House-passed reauthorization bill would shift authority toward the Commerce Department’s National Telecommunications and Information Administration and away from the FirstNet board, which is made up in part by first-responders.

The potential change is opposed by the influential Fraternal Order of Police, but any new bill or amendment would require floor votes in both the House and Senate, a potentially tall order as the 119th Congress draws to a close.

Authority for FirstNet, a program developed in the wake of 9/11, is set to expire in February of 2027 unless lawmakers pass an extension.

The program’s governing entity, the First Responder Network Authority, was created in 2012 in response to recommendations after the terrorist attacks, during which public safety agencies using different radio systems and overloaded phone lines struggled to adequately communicate.

The House passed its bipartisan reauthorization bill in April via voice vote. Senators have not yet taken up that legislation or introduced their own. In January, the Senate Commerce Committee’s Telecommunications and Media Subcommittee held a hearing on the program.

Craig Wheeler, a spokesman for subcommittee Chair Deb Fischer, R-Neb., said in a statement this week that reauthorization is still a priority.

“Sen. Fischer has been working closely with Chair Cruz on a bill and is having bipartisan discussions with Ranking Member Cantwell,” Wheeler said, referring to Sens. Ted Cruz, R-Texas, and Maria Cantwell, D-Wash.

“Moving a bill as soon as possible remains a top priority for Sen. Fischer, including getting it through both chambers and signed into law by President Trump.”

The House bill would extend authority for FirstNet through fiscal 2037, stagger terms on the authority’s board and require five members of the board with public safety backgrounds, rather than three as needed under current law.

Post-Maui revamp

At issue in the reauthorization debate, in part, is control of the First Responder Network Authority.

The House bill would eliminate language in current law that established FirstNet as an “independent” authority within the Commerce Department’s National Telecommunications and Information Administration and would require the administration’s approval for most non-planning or emergency actions, though the bill was amended to include a list of actions the network can take without NTIA approval.

The changes are meant to respond to reports from the Commerce Department’s Office of Inspector General that found that the AT&T-run service was not sufficiently available during the Maui wildfires in 2023 and that senior officials of the FirstNet Authority attempted to interfere with audits.

But the shifting of control drew opposition from the Fraternal Order of Police, which prior to the bill’s committee markup urged its members to instead support a “clean reauthorization” of the program.

Jim Pasco, executive director of the FOP, emphasized his group’s desire to see decisions made by the FirstNet board, rather than by NTIA. He said that moving authority away from a group that is required to include first-responders would be “a threat to officer and public safety.”

Yucel Ors, legislative director for public safety and crime prevention at the National League of Cities, said that his group, along with the International Association of Fire Chiefs and other state and local government and public safety groups, worked closely with the House, including on the changes to put some “everyday controls and functions” back directly under the board’s control.

He said the National League of Cities supported the House bill, but that they hope that any changes made to FirstNet’s governance are “not going to impact the day-to-day operations that public safety depend on, rely on, and expect.”

Ors said he expects the Senate would make changes to the House-passed bill, but he doesn’t know if those changes would come in the form of an amendment or an entirely new bill.

No proposed Senate amendment to the House bill, or alternative Senate bill, has yet to emerge.

He expressed concern over the timeline for reauthorization, especially if the Senate doesn’t take up the House bill as is.

A new Senate bill or amendment would require votes in both the House and Senate, with floor time dwindling as both chambers work through must-pass legislation before the end of the year.

Congress could potentially pass a short-term reauthorization of FirstNet. Ors expressed worry that option could jeopardize the public-private relationship with contractor AT&T.

Pasco said he would prefer a short reauthorization over the House-passed bill, but said he hopes a full reauthorization could still pass this Congress.

The House bill has strong bipartisan support and the Senate’s negotiations are also bipartisan. Both Ors and Pasco expressed confidence that if time runs out this year for a reauthorization bill, a new version of the legislation would still have strong prospects under a Democratic Congress.

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