FCC orders seeking to help rate-of-return telcos and a few tribal carriers are to take effect May 31, the day comments will be due on a cable channel listing NPRM. Two orders in docket 10-90 that provide up to $545 million in additional high-cost USF subsidy support to rate-of-return carriers and clarify their expense and cost-recovery rules (see 1803230025) are to appear in Tuesday's Federal Register, with an effective date 30 days after publication, which would be May 31. The FR is to publish Tuesday another order relaxing operating expense restrictions on high-cost support for an estimated five rural carriers primarily serving tribal lands (see 1804050028), triggering the same 30-day effective date of May 31. It's also to publish Tuesday an NPRM in docket 18-92 seeking comment on eliminating rules requiring cable carriers to keep channel listings in their main offices (see Notebook at end of 1804170038), with comments due in 30 days, May 31, and replies in 45 days, June 15.

A South Dakota tribe alleged Chairman Ajit Pai has a conflict of interest, as it sued the FCC on behalf of itself and about 565 other federally recognized tribes in a challenge of a March 22 3-2 wireless infrastructure order. The FCC said small-cells deployment isn't a “federal undertaking” within the National Historic Preservation Act or a “major federal action” under the National Environmental Policy Act, and applicants “have no legal obligation to pay upfront fees” when seeking tribal review (see 1803220027). In a Monday complaint at U.S. District Court in Aberdeen, South Dakota, the Crow Creek Sioux tribe said FCC actions “negatively affected and damaged the Plaintiff Tribe's culturally significant sites.” It said the “arbitrary and capricious” order in docket 17-79 violated the Constitution's Fifth and 14th amendments, the Telecom Act, federal environmental and historic preservation laws, contract law and “rules prohibiting conflict of interest laws by a federal employee, specifically Chairman Pai.” Pai was associate general counsel of Verizon, which benefits from the order and had comments cited 53 times in the order, Crow Creek said. “The Federal Defendant's mission statement does not indicate the [FCC] will cater and serve the needs of the wireless industry, nor fleece the staff of the FCC with industry shills,” the tribe said. “Pai has a clear conflict of interest and is working for the wireless industry, instead of leading an impartial agency.” Commissioners’ “belief that their numerous meetings with the tribes throughout the United States relieve them of their trust responsibility to federally recognized Indian tribes is misplaced as absolutely none of the concerns” were included in the order, Crow Creek said. The FCC inappropriately changed policy when it decided tribes can’t review small-cell deployment nor charge upfront fees, Crow Creek said. The fees, ranging from $200 to $1,500, pay for “archeological surveys, site documentation, maps and NEPA review documents,” it said. Companies lack necessary cultural knowledge, and inflated cost estimates of the review process, the tribe said: "No true cost-benefit analysis has been completed by an independent party." The FCC lacks authority to redefine an undertaking that would trigger the Section 106 process, the tribe said. Crow Creek noted that many of the wireless sites where additional facilities will be deployed are "twilight towers" not reviewed and erected from 1992 to 2005 against federal law. The agency declined comment Tuesday.

A draft NPRM, set for a vote at the May 10 commissioners' meeting, proposes to “rationalize the service areas” of existing educational broadband service (EBS) licenses to a “defined geographic area in a licensee’s existing geographic service area.” The NPRM (see 1804180068) in docket 18-20 also proposes giving more flexibility to EBS licensees, “such as eliminating current restrictions on lease terms and outdated educational use requirements” and asks for comment on establishing up to three local priority filing windows allowing applicants who can demonstrate they're located “within the license area for which they apply to access 2.5 GHz spectrum.” The windows would be for “existing licensees, allowing them to expand their service to the county boundaries,” tribal nations in rural areas and educational entities that don’t hold 2.5 GHz licenses. “Significant portions of the 2.5 GHz band currently lie fallow across approximately one-half of the United States, primarily in rural areas,” the FCC said in a fact sheet, released Thursday. “New access to the … spectrum in this band has been strictly limited since 1995, and current licensees are subject to a regulatory regime largely left over from the days when educational TV was the only use envisioned for this wide swath of spectrum.”

Sacred Wind Communications addressed USF issues with FCC Chairman Ajit Pai, outgoing Commissioner Mignon Clyburn, aides to all five commissioners, Wireline Bureau Chief Kris Monteith and staffers. CEO John Badal and others "discussed the impacts on Sacred Wind, its network and its Tribal customers of proposals" in a Connect America Fund NPRM and two orders March 23, said filings last week (here and here) in docket 10-90. The CAF item aims to help rate-of-return telcos provide broadband service and improve high-cost subsidy program operations (see 1803230025). Sacred Wind brings "voice and broadband services to historically unserved tribal lands" using hybrid "fiber to fixed wireless to copper" technologies, Rural Utilities Service loans and CAF support, said a presentation. It urged the FCC to develop Alternative Connect America Cost Model tiers for higher cost RLECs and acknowledge "ongoing higher costs for maintaining" 10 or 25 Mbps service. Saying 4G and 5G wireless "will be long in coming to remote rural areas," it recommended the agency "incentivize price cap carriers to spin off remote rural areas to RoR carriers," "restore predictability" for rural carriers and "continue support for Voice-only where demanded."

Sacred Wind Communications addressed USF issues with FCC Chairman Ajit Pai, outgoing Commissioner Mignon Clyburn, aides to all five commissioners, Wireline Bureau Chief Kris Monteith and staffers. CEO John Badal and others "discussed the impacts on Sacred Wind, its network and its Tribal customers of proposals" in a Connect America Fund NPRM and two orders March 23, said filings last week (here and here) in docket 10-90. The CAF item aims to help rate-of-return telcos provide broadband service and improve high-cost subsidy program operations (see 1803230025). Sacred Wind brings "voice and broadband services to historically unserved tribal lands" using hybrid "fiber to fixed wireless to copper" technologies, Rural Utilities Service loans and CAF support, said a presentation. It urged the FCC to develop Alternative Connect America Cost Model tiers for higher cost RLECs and acknowledge "ongoing higher costs for maintaining" 10 or 25 Mbps service. Saying 4G and 5G wireless "will be long in coming to remote rural areas," it recommended the agency "incentivize price cap carriers to spin off remote rural areas to RoR carriers," "restore predictability" for rural carriers and "continue support for Voice-only where demanded."

Commissioner Brendan Carr is starting to sketch out details on what are expected to be the FCC’s next big steps toward making it easier for carriers to deploy small cells tied to 5G. In a speech last week at a CTIA 5G event (see 1804190050), Carr said his proposal is being worked out, and one of the principles will be that local and state governments mustn't use siting review as a revenue generator. Industry officials repeatedly complained during the CTIA forum about how long it takes to install small cells.

A court consolidated challenges to FCC Lifeline tribal limits and set a briefing schedule. The National Lifeline Association and resellers filed a January petition (in Pacer) seeking relief from the commission's late 2017 order, which restricted enhanced Tribal Lifeline USF support by targeting it to "facilities-based" service and newly defined "rural" areas (see 1801290020). The U.S. Court of Appeals for the D.C. Circuit had established a briefing schedule for that case, but this week it granted (in Pacer) a motion to consolidate the case with Crow Creek Sioux Tribe's March petition (in Pacer). Crow Creek challenges the same decisions and alleges "the commission did not meaningfully consult with Tribal authorities about the impact of these changes on native communities as required by law." Both petitioner opening briefs are now due May 9, the government's response brief June 25 and petitioner reply briefs July 16 in National Lifeline Association v. FCC, No. 18-1026, consolidated.

A court consolidated challenges to FCC Lifeline tribal limits and set a briefing schedule. The National Lifeline Association and resellers filed a January petition (in Pacer) seeking relief from the commission's late 2017 order, which restricted enhanced Tribal Lifeline USF support by targeting it to "facilities-based" service and newly defined "rural" areas (see 1801290020). The U.S. Court of Appeals for the D.C. Circuit had established a briefing schedule for that case, but this week it granted (in Pacer) a motion to consolidate the case with Crow Creek Sioux Tribe's March petition (in Pacer). Crow Creek challenges the same decisions and alleges "the commission did not meaningfully consult with Tribal authorities about the impact of these changes on native communities as required by law." Both petitioner opening briefs are now due May 9, the government's response brief June 25 and petitioner reply briefs July 16 in National Lifeline Association v. FCC, No. 18-1026, consolidated.

The FCC played down the policy influence of Elizabeth Pierce -- the Broadband Deployment Advisory Committee ex-chair arrested by the FBI last week for alleged wire fraud involving an Alaska fiber project (see 1804130055) -- after a government watchdog urged the commission to review the Quintillion ex-CEO’s BDAC work from April 2017 to September. Pierce’s alleged crimes accentuate local concerns about corporate control of the BDAC, said former member San Jose Mayor Sam Liccardo, who in January resigned in protest of imbalance between corporate and local members. One BDAC member defended the group.

The FCC will consider FM translator interference and mid-band spectrum for 5G, with a focus on the 2.5 GHz band, at its May 10 commissioners’ meeting, Chairman Ajit Pai blogged Wednesday. The agency also will vote on a media modernization proposal to eliminate requirements that broadcasters physically display their licenses, plus a hearing designation order and enforcement item that will remain confidential until the meeting. Pai noted it's the first meeting since 2009 lacking Mignon Clyburn, leaving as commissioner before then (see 1804170056) and 1804180071).