FCC Adds Tribal Sovereignty Language to Final AWS-3 Rules
The FCC’s final order addressing rules for the AWS-3 reauction, approved 3-0 by commissioners Thursday adds several sentences on tribal sovereignty to a section denying a tribal priority window for the auction. Commissioner Anna Gomez said Thursday she had asked for the language (see 2507240055). Gomez voted to approve the order with a partial concurrence. The order was posted Friday.
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“CTIA argues that an auction of AWS-3 inventory licenses can still benefit Tribes,” the order says in language that goes beyond the draft. “However, there is disagreement about whether this is true.” The order acknowledges concerns raised by the Navajo Nation Telecommunications Regulatory Commission. “Although we do not adopt a Tribal priority window for Auction 113, we acknowledge the Commission’s trust relationship with Tribal Nations, and we remain committed to finding ways to address the connectivity challenges facing Tribal Nations,” the final order says.
There were few other changes. The commission stuck with the eligibility criteria proposed in the draft, denying changes sought by competitive carriers (see 2507180054). The commission rejected arguments by EchoStar, parent of Dish Network, that FCC should use the same designated entity rules in the reauction of AWS-3 that it employed in the original 2014 auction (see 2507220033). Nothing in the language of the 2014 order or the part 27 rules “indicates that the … rules used in Auction 97 must be used to conduct any and all future auctions of licenses for AWS-3 spectrum,” the order says.