Trump administration officials' repeated citations of the national security implications of maintaining U.S. leadership in 5G innovation are a sign Congress needs to act on broader telecom policy issues that would help sustain that dominance, lawmakers and industry officials told us. The administration mentioned 5G deployment in its December national security strategy (see 1712180071 and 1712270032).

Commissioner Brendan Carr defended the FCC Tuesday against claims the agency hasn’t done enough outreach to tribes as it prepared the wireless infrastructure proposal, set for a vote Thursday. Carr spoke at an event sponsored by the U.S. Black Chambers, Asian Americans Advancing Justice (AAJC) and the Hispanic Technology and Telecommunications Partnership (HTTP), which support the draft order, though with some concerns.

A court set a briefing schedule on Lifeline USF resellers' challenge to an FCC order targeting enhanced tribal support to "facilities-based" service and restricting support to "rural" tribal areas under a new definition (see 1801290020). The brief of petitioners is due April 25, the FCC's is due June 11, and petitioners' reply is due June 25, said an order (in Pacer) Friday of the U.S. Court of Appeals for the D.C. Circuit in National Lifeline Association et al. v. FCC, No. 18-1026. NLA, a trade group representing Lifeline providers and vendors, was joined on a petition by Assist Wireless, Boomerang Wireless (enTouch) and Easy Telephone Services.

CTIA denied allegations by some tribes that the FCC didn’t do the required consultations before acting on revised wireless infrastructure rules. Tribal interests made the claim in several recent filings before a vote set for Thursday’s commissioners’ meeting (see 1803150058). CTIA filed in docket 17-79 on a call last week with Will Adams, aide to Commissioner Brendan Carr. “Contrary to recent filings asserting that the Draft Second Order does not properly reflect the Commission’s trust responsibility to Tribal Nations, the Commission’s proposals reflect years of discussions between industry, Tribes, and the Commission and will advance the goal of facilitating broadband deployment without diminishing Tribes’ ability to protect historic sites of cultural or religious significance,” CTIA said. Major tribal groups didn't comment. While not directly addressing Thursday’s draft order, Brenda Bethune, mayor of Myrtle Beach, South Carolina, said she spoke by phone with Commissioner Mignon Clyburn on infrastructure more generally. Clyburn is from the state. “The Mayor opened the meeting by sharing Myrtle Beach’s desire to be a smart city, with the latest and best wireline and wireless connections for its residents and visitors alike,” said a filing. “But in meeting residential and visitor communications needs, the city also sought to preserve the integrity of the community’s look, which the City has invested over $110 million to achieve.” TechFreedom reported on questions the group raised in a call with Carr about the order. The group “discussed whether the Commission’s analysis contained in the proposed Order is adequate to justify excluding new structures -- or at least new structures on previously undisturbed ground -- from [National Historic Preservation Act] review,” TechFreedom said. “We discussed whether the process by which the Commission developed that part of the proposed amendment is adequate to fulfill the FCC’s special trust relationship with America’s tribes.” The Multicultural Media, Telecom and Internet Council Monday said the FCC should balance interests on the order. The order promises to speed deployment of small cells and be good for the economy, MMTC said. “Noting the objections of several Native American tribes and organizations to certain elements of the process, MMTC strongly encourages the Commission to work closely with the tribal and environmental associations and stakeholders to resolve their concerns expeditiously and fairly.”

A court set a briefing schedule on Lifeline USF resellers' challenge to an FCC order targeting enhanced tribal support to "facilities-based" service and restricting support to "rural" tribal areas under a new definition (see 1801290020). The brief of petitioners is due April 25, the FCC's is due June 11, and petitioners' reply is due June 25, said an order (in Pacer) Friday of the U.S. Court of Appeals for the D.C. Circuit in National Lifeline Association et al. v. FCC, No. 18-1026. NLA, a trade group representing Lifeline providers and vendors, was joined on a petition by Assist Wireless, Boomerang Wireless (enTouch) and Easy Telephone Services.

The Competitive Carriers Association urged the FCC to approve changes to wireless infrastructure rules at Thursday's commissioners’ meeting. But the agency also continues to receive filings from tribal, historic preservation groups and groups representing local governments slamming the draft order. Former Commissioner Michael Copps said the FCC should take a pause. “There is no compelling need for FCC to rush approval next week of new wireless infrastructure rules until it has met in good faith its trust and consultation obligations to affected tribal areas,” Copps tweeted Thursday. “Doesn’t appear that’s really happened yet.”

The FCC is moving quickly to make more spectrum available for 5G, FCC Chairman Ajit Pai said Thursday at the Cato Institute. Pai noted he recently committed to an auction of the 28 GHz band in November, followed immediately by a 24 GHz auction (see 1802260047). “We intend to move very quickly on other bands as well,” he said. “Our goal at least is to set the table” for innovation, he said. “The last thing we want is for regulation to stand as bottleneck for consumer welfare.” Pai noted the importance to 5G of changing the infrastructure rules: “The biggest roadblocks that we face now are regulatory.” Barriers to deploying small cells at the levels that will be needed for 5G are “almost insurmountable” Pai said. “There are multiple levels of regulatory review -- federal, state, local, tribal,” he said. Smaller companies in particular are struggling, he said. A small carrier deploying a 5G network in a city like Washington might have to install “several hundred or a thousand small cells,” he said. “I don’t want the FCC’s policies on 5G to stand as an example of what went wrong.” Pai was at Cato to discuss The Political Spectrum, a book by Clemson University economist Thomas Hazlett on the history of spectrum policy. One of the book's takeaways is that too much communications regulation is based on “accepted wisdom -- it is this way because it has always been this way,” Pai said. “There is sometimes a hesitance to look at the facts and to reconsider first principles.” Hazlett said local objections to the deployment of base stations is a major problem in the U.S. “There is a significant role for Congress and the FCC to get involved,” Hazlett said. “Spectrum allocation, it’s a work in progress and there is momentum.” But it wasn’t hard for him to identify in the book “horror stories” on spectrum regulation, he said. Too much spectrum is still in the hands of federal agencies, Hazlett said. Opening bands for commercial use can take decades, he said.

The FCC is moving quickly to make more spectrum available for 5G, FCC Chairman Ajit Pai said Thursday at the Cato Institute. Pai noted he recently committed to an auction of the 28 GHz band in November, followed immediately by a 24 GHz auction (see 1802260047). “We intend to move very quickly on other bands as well,” he said. “Our goal at least is to set the table” for innovation, he said. “The last thing we want is for regulation to stand as bottleneck for consumer welfare.” Pai noted the importance to 5G of changing the infrastructure rules: “The biggest roadblocks that we face now are regulatory.” Barriers to deploying small cells at the levels that will be needed for 5G are “almost insurmountable” Pai said. “There are multiple levels of regulatory review -- federal, state, local, tribal,” he said. Smaller companies in particular are struggling, he said. A small carrier deploying a 5G network in a city like Washington might have to install “several hundred or a thousand small cells,” he said. “I don’t want the FCC’s policies on 5G to stand as an example of what went wrong.” Pai was at Cato to discuss The Political Spectrum, a book by Clemson University economist Thomas Hazlett on the history of spectrum policy. One of the book's takeaways is that too much communications regulation is based on “accepted wisdom -- it is this way because it has always been this way,” Pai said. “There is sometimes a hesitance to look at the facts and to reconsider first principles.” Hazlett said local objections to the deployment of base stations is a major problem in the U.S. “There is a significant role for Congress and the FCC to get involved,” Hazlett said. “Spectrum allocation, it’s a work in progress and there is momentum.” But it wasn’t hard for him to identify in the book “horror stories” on spectrum regulation, he said. Too much spectrum is still in the hands of federal agencies, Hazlett said. Opening bands for commercial use can take decades, he said.

The National Congress of American Indians (NCAI) and the United South and Eastern Tribes Sovereignty Protection Fund (USET SPF) Thursday protested parts of draft wireless infrastructure rules, scheduled for a vote at next week’s commissioners’ meeting. The filing was the most concerted push by tribal groups so far against the draft order. Other tribes also continue to weigh in, as does industry. Meanwhile, Commissioner Brendan Carr, who has overseen the order, was in Baltimore Thursday to tour small-cell installations.

The FCC logged more comments from tribes opposing changes to wireless infrastructure rules teed up for next week’s commissioners’ meeting, as expected, (see 1803130057). A government official said Wednesday tribes appear to be waiting until late to make their case. The draft order would clarify deployment of small cells isn't a “federal undertaking” within the meaning of the National Historic Preservation Act or a “major federal action” under the National Environmental Policy Act. It would reduce red tape for tribal reviews of projects off tribal lands and clarify that applicants “have no legal obligation to pay upfront fees” when seeking tribal comment on proposed deployments. The National Association of Tribal Historic Preservation Officers had meetings with aides to Commissioner Mignon Clyburn and Jessica Rosenworcel. The FCC didn’t engage in true government-to-government consultation with tribal nations, the group said, posted Wednesday in docket 17-79. “Government-to-government consultation requires joint development between the FCC and tribes of an agenda well in advance of the meeting and sufficient detail for tribal representatives to make an informed decision as to their participation and ability to make an informed decision." The group said the FCC can’t change the definition of a “federal undertaking” under the NHPA and industry inflated the cost of compliance. “The Commission has a trust responsibility to tribal nations, not to the wireless industry,” said the Pueblo of Pojoaque in New Mexico. “The draft Report and Order does not reflect this trust responsibility and diminishes the Pueblo of Pojoaque’s ability to protect cultural and historic properties.” The FCC mustn’t exclude small cells from environmental and historic review, said Patricia Garcia-Plotkin, tribal historic preservation officer with California’s Agua Caliente Band of Cahuilla Indians. “Tribal Nations are responsible stewards of their cultural heritage and have expertise unique to Tribes and their members,” she said. “The NHPA and NEPA were created to consider proposed projects impacts to the environment and a process to potentially avoid or mitigate the impacts. In my 12 years with Agua Calienate many small projects have been planned on culturally significant areas.”