FCC Democrats, Tribal Groups Say 2.5 GHz Extension Too Short
Commissioners Jessica Rosenworcel and Geoffrey Starks, Public Knowledge and tribal groups slammed the FCC’s 30-day delay of the application window for tribes to apply for 2.5 GHz spectrum, after staff acted Friday (see 2007310027). With COVID-19 a problem in tribal areas, groups had asked for an extra six months, but got until Sept. 2. T-Mobile, the dominant player in the band, told the FCC it was comfortable with a 90-day extension (see 2007300052). The order said 229 applications have been submitted and another 55 applications started by tribal entities as of Friday.
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Rosenworcel said she's pleased the FCC did something. “But let’s be real,” she emailed: “This extension does not adequately make up for time lost during this public health crisis. It doesn’t honestly reflect the lack of deployment on Tribal Lands and the federal trust responsibility we have to expand this opportunity as broadly as possible. So I hope we can consider further extension down the road so that all Tribal communities who wish to participate have the ability to do so."
“COVID19 has devastated tribes -- they deserved more time,” Starks tweeted: “@FCC now must process waiver petitions fairly & quickly.”
“Not acceptable at all,” said Matthew Rantanen, director of technology for the Southern California Tribal Chairmen’s Association.
“Thirty days is simply not enough time for Tribes to complete the discussions and research needed prior to completing their applications,” said Public Knowledge Senior Vice President Harold Feld: “The Bureau of Indian Affairs, Tribal organizations, industry leaders, members of Congress, and digital divide activists asked the FCC for at minimum a 90-day extension, preferring an additional 180 days.” The FCC gave the cable industry a 180-day extension to implement the TV Viewer Protection Act because of COVID-19, he said: “Tribes should be given the same consideration.”
“Right now, we’re in a lockdown and everybody is at home and staying away from each other,” said Godfrey Enjady, president of the National Tribal Telecommunications Association, in an interview. “At least it gives you a little bit of breathing room,” he said: “Anything is better than nothing. It was coming down to the wire.” NTTA and other groups are communicating with members about the extension, he said.
Since July 2019, the Wireless Bureau and the Office of Native Affairs and Policy "have engaged in an extensive effort to ensure robust participation in the Rural Tribal Priority Window,” the bureau said. It lists more than 30 events in which FCC staff discussed the opportunity with tribes. A 30-day extension is enough, the order said: “Our extensive outreach efforts, coupled with the large number of applications we have already received from eligible rural Tribes where there are significant amounts of unassigned 2.5 GHz spectrum, make clear that such a long extension is unnecessary.”
“Under my leadership, the @FCC's given Tribes 1st-ever opportunity to get spectrum for free,” Chairman Ajit Pai tweeted: “We're extending window … giving others more time to apply while ensuring prompt deployment on rural Tribal lands.”
The Bureau of Indian Affairs sought a 180-day extension. Tara Sweeney, assistant secretary-Indian affairs at the Interior Department, praised the development. “Thankful to @AjitPaiFCC and the @FCC for extending the 2.5 GHz Rural Tribal Priority Window deadline to September 2,” she tweeted.
The National Congress of American Indians said the FCC should have provided 180 days. The tribal window is “one of the few inexpensive solutions to overcoming the numerous barriers that have prevented better connection to tribal areas, as well as preparing them for future high-speed connections,” said a statement: “A failure to recognize the effect of COVID-19 on the very entities the FCC seeks to help … will affect access to basic healthcare and education across Indian Country.”
“With Tribal headquarters shuttered, Tribal borders closed, and Tribal governments attempting to remotely deal with many competing major priorities, the scarce resources available are focused on public health and safety, and the chance to meet the FCC’s filing deadline is slipping away for many Tribes,” General Counsel Geoffrey Blackwell of the Amerind tribal insurance company blogged last week: “Even before the pandemic, Tribes faced challenges in obtaining information and preparing an application for the Tribal Priority Window. But the pandemic has multiplied those challenges hundredfold.”