The FCC engaged extensively with tribes before changing wireless infrastructure rules in March (see 1803220027), Chairman Ajit Pai said in a letter last month to Sen. Jon Tester, D-Mont., that was released Thursday. “The Commission engaged extensively with Tribal Nations, inter-Tribal organizations, and state and local historic preservation officers.” Changes are needed, Pai said. “These rules are a poor fit for the 5G networks of the future,” he said. “Reforming them is critical to bringing next-generation wireless services to the American people; all our work to unleash spectrum for consumer use will be pointless if carriers can't deploy the physical infrastructure needed to carry ever-increasing amounts of wireless traffic.” The FCC approved the order 3-2 in March (see 1803220027). The text of the order describes in detail the consultations that occurred before approval. “The consultations and meetings have occurred as detailed in the order,” Commissioner Brendan Carr said then. Tribal interests alleged the FCC failed to do legally required consultations before acting on revised wireless infrastructure rules (see 1803150058).

Tribal groups and Lifeline providers asked a court to stay FCC tribal Lifeline restrictions, pending judicial review of their challenges to an order in late 2017 (see 1711160021). The FCC decisions to prohibit resellers from receiving enhanced tribal Lifeline support and to narrow the geographic scope of tribal lands will "disconnect eligible low-income Tribal members from phone and broadband service," and were made without meaningful consultation with affected tribes, said the motion (in Pacer) Friday of the Crow Creek Sioux Tribe, Oceti Sakowin Tribal Utility Authority, National Lifeline Association, Assist Wireless, Boomerang Wireless and Easy Telephone Services, filed in the U.S. Court of Appeals for the D.C. Circuit in NLA v. FCC, No. 18-1026. The Wireline Bureau July 8 denied the parties' request for an administrative stay (see 1807060011). The D.C. Circuit Friday granted (in Pacer) an unopposed revised briefing schedule on underlying petitions challenging the order, with the DOJ/FCC brief due July 23, and petitioners' reply brief due Aug. 20. At the FCC, the NLA backed a Q Link Wireless emergency petition asking the FCC to direct Universal Service Administrative Co. to implement an application programming interface for its Lifeline national verifier of consumer eligibility for the low-income USF subsidy program. Comments are due in August on the petition (see 1807120004 and 1807050046).

Tribal groups and Lifeline providers asked a court to stay FCC tribal Lifeline restrictions, pending judicial review of their challenges to an order in late 2017 (see 1711160021). The FCC decisions to prohibit resellers from receiving enhanced tribal Lifeline support and to narrow the geographic scope of tribal lands will "disconnect eligible low-income Tribal members from phone and broadband service," and were made without meaningful consultation with affected tribes, said the motion (in Pacer) Friday of the Crow Creek Sioux Tribe, Oceti Sakowin Tribal Utility Authority, National Lifeline Association, Assist Wireless, Boomerang Wireless and Easy Telephone Services, filed in the U.S. Court of Appeals for the D.C. Circuit in NLA v. FCC, No. 18-1026. The Wireline Bureau July 8 denied the parties' request for an administrative stay (see 1807060011). The D.C. Circuit Friday granted (in Pacer) an unopposed revised briefing schedule on underlying petitions challenging the order, with the DOJ/FCC brief due July 23, and petitioners' reply brief due Aug. 20. At the FCC, the NLA backed a Q Link Wireless emergency petition asking the FCC to direct Universal Service Administrative Co. to implement an application programming interface for its Lifeline national verifier of consumer eligibility for the low-income USF subsidy program. Comments are due in August on the petition (see 1807120004 and 1807050046).

The FCC plans a daylong workshop July 31 at the Lac du Flambeau Reservation in Wisconsin to discuss a challenge process on areas initially deemed ineligible for USF in the Mobility Fund Phase II reverse auction. “There will also be presentations on other Commission proceedings and programs of Tribal interest, including overviews of the Universal Service Fund, the Tribal Radio Priority, and the Tribal Engagement Obligation,” the FCC said. “There will be an opportunity for government-to-government consultations with Tribal leaders or their designees in a collaborative and constructive environment.” The workshop starts at 8:30 a.m.

The FCC Wireline Bureau turned down a request by Lifeline providers and tribal groups for a stay of 2017 tribal Lifeline changes, pending judicial review of their legal challenges to an order released Dec. 1 (see 1711160021 and 1712010042). “Petitioners have not shown that they are likely to succeed on the merits of their claims,” the bureau said Thursday. “The 2017 Lifeline Order contains a comprehensive explanation of the basis for the Commission’s decision to limit enhanced Tribal support to rural Tribal areas, and to target such support to facilities-based providers.” Assist Wireless, Boomerang Wireless, Easy Wireless, the National Lifeline Association, the Crow Creek Sioux Tribe and the Oceti Sakowin Tribal Utility Authority requested the stay last month (see 1806250032). The bureau rejected claims that it hadn’t done required consultation with the tribes before approving the order. The agency also said it didn’t violate the Administrative Procedure Act by not specifically seeking the changes approved in the December order. “We do not see how the lack of an additional round of notice and comment could have harmed Petitioners, who had a full opportunity to register their opposition to the Commission’s proposals to limit enhanced support to facilities-based providers, and to rural Tribal areas, after the 2015 Lifeline [Future NPRM] was released,” it said.

Senate Commerce Committee Chairman John Thune, R-S.D., and Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, see their recently introduced Streamlining the Rapid Evolution and Modernization of Leading-edge Infrastructure Necessary to Enhance (Streamline) Small Cell Deployment Act (S-3157) as a top committee priority for the July work period (see 1806290063). But local and state governments' ongoing opposition to S-3157 remains a significant hurdle to advancing it beyond Senate Commerce, some lobbyists told us. Capitol Hill's dwindling legislative calendar also could stifle the bill's prospects before the next Congress convenes in January, lobbyists said.

Senate Commerce Committee Chairman John Thune, R-S.D., and Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, see their recently introduced Streamlining the Rapid Evolution and Modernization of Leading-edge Infrastructure Necessary to Enhance (Streamline) Small Cell Deployment Act (S-3157) as a top committee priority for the July work period (see 1806290063). But local and state governments' ongoing opposition to S-3157 remains a significant hurdle to advancing it beyond Senate Commerce, some lobbyists told us. Capitol Hill's dwindling legislative calendar also could stifle the bill's prospects before the next Congress convenes in January, lobbyists said.

Consumer groups and others backed a request that the FCC stay tribal restrictions in the Lifeline low-income subsidy program, pending judicial review of their legal challenges to an order released Dec. 1. "This is a reasonable and modest request to temporarily delay the implementation of the drastic changes to the Tribal Lifeline program until the conclusion of the review sought by Joint Petitioners in the United States Court of Appeals for the D.C. Circuit," said the Benton Foundation, Common Cause, Free Press, Leadership Conference on Civil and Human Rights, NAACP, National Consumer Law Center, National Hispanic Media Coalition, Native Public Media, Next Century Cities, Public Knowledge and six others, filing Tuesday in docket 17-287 supporting the petition of Lifeline providers and tribal group (see 1806250032). "Residents of Tribal lands are at risk of consumer confusion, at best, and loss of phone and broadband service, at worst, if the Commission’s ... [tribal Lifeline order] were to take effect while the court appeal is pending. We are further concerned that the Commission failed in its obligation to engage in government-to-government Tribal consultations with regard to this proposal that will have such a dramatic impact on Indian country, per the Commission’s own long-established procedure."

Consumer groups and others backed a request that the FCC stay tribal restrictions in the Lifeline low-income subsidy program, pending judicial review of their legal challenges to an order released Dec. 1. "This is a reasonable and modest request to temporarily delay the implementation of the drastic changes to the Tribal Lifeline program until the conclusion of the review sought by Joint Petitioners in the United States Court of Appeals for the D.C. Circuit," said the Benton Foundation, Common Cause, Free Press, Leadership Conference on Civil and Human Rights, NAACP, National Consumer Law Center, National Hispanic Media Coalition, Native Public Media, Next Century Cities, Public Knowledge and six others, filing Tuesday in docket 17-287 supporting the petition of Lifeline providers and tribal group (see 1806250032). "Residents of Tribal lands are at risk of consumer confusion, at best, and loss of phone and broadband service, at worst, if the Commission’s ... [tribal Lifeline order] were to take effect while the court appeal is pending. We are further concerned that the Commission failed in its obligation to engage in government-to-government Tribal consultations with regard to this proposal that will have such a dramatic impact on Indian country, per the Commission’s own long-established procedure."

The FCC said 80 entities had access to Universal Service Administrator Co.'s Mobility Fund Phase II challenge process portal as of June 30, up from 64 on May 31 (see 1806010041). The Rural Broadband Auctions Task Force and Wireless and Wireline bureaus gave their second update Monday. The number of carriers remained 37, joined by 13 state and 14 local government entities, 12 tribal agencies and four classified as “other.” State and local entities drove growth in players with access. Challengers have submitted data including 399,390 speed tests, the FCC said in docket 10-90.