FirstNet Proposals and Responses (Office of the Governor of Kentucky)

Michael Morisy filed this request with the Office of the Governor of Kentucky of Kentucky.
Multi Request FirstNet Proposals and Responses
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Completed

Communications

From: Michael Morisy

To Whom It May Concern:

Pursuant to Kentucky Open Records Act, I hereby request the following records:

* All the information about the plan FirstNet sent to the Governor's Office in late September and your state's response to FirstNet or the First Responder Network Authority.
* Any requests by state officials for access to inspect national FirstNet contracts and MOUs with AT&T.

As background for responding to this request, FirstNet is a organization within the National Telecommunications and Information Administration established in 2012 for the sole purpose of setting up a nationwide cellular network that first responders can use. Earlier this year, FirstNet signed a deal with AT&T this year and in September submitted a plan to all 50 states for the rollout of this network. States have 90 days to either opt in to the plan (binding them to AT&T for 25 years) or develop an alternative plan of their own, with no response opting the state into the AT&T plan.

There is more information on FirstNet and the proposal process available at the following article:

http://m.urgentcomm.com/ntiafirstnet/firstnet-att-release-state-plans-governors-make-opt-inopt-out-decisions-mid-december

As well as on FirstNet’s webiste: https://www.firstnet.gov

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Michael Morisy

From: Office of the Governor of Kentucky

Mr. Morisy,

The Kentucky Governor's Office has received your open records request dated January 9, 2018. Due to the potential volume of records involved, the Governor's Office will not be able to respond until January 26, 2018.

Please let me know if you have any questions.

Best,

Matt

Matthew F. Kuhn
Deputy General Counsel
Office of Governor Matt Bevin
(502) 564-2611
matt.kuhn@ky.gov<mailto:matt.kuhn@ky.gov>

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From: Office of the Governor of Kentucky

January 25, 2018

Michael Morisy
MuckRock News
DEPT MR 47571
411A Highland Avenue
Somerville, MA 02144-2516

Dear Mr. Morisy:

The Kentucky Governor's Office has received your open records request dated January 9, 2018 for "[a]ll the information about the plan FirstNet sent to the Governor's Office in late September and your state's response to FirstNet or the First Responder Network Authority" and "[a]ny requests by state officials for access to inspect national FirstNet contracts and MOUs with AT&T."

We have located two pages of responsive, non-exempt records. Please see attached. We also have located 161 pages of responsive records that are exempt from disclosure under Kentucky's Open Records Act. The exempt records are preliminary in nature under KRS 61.878(1)(i) and (j) and thus not subject to disclosure. These exceptions to the Open Records Act have been consistently interpreted to mean that "[p]reliminary drafts, notes, correspondence, recommendations, and memoranda in which opinions are expressed or policies formulated retain their preliminary characterization [i.e., they need not be disclosed], even after final agency action is taken, unless they are adopted as part of that final action." 14-ORD-014. The withheld documents fall squarely within these exceptions to the Open Records Act.

Please let me know if you have any questions.
Best,

Matt

Matthew F. Kuhn
Deputy General Counsel
Office of Governor Matt Bevin

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