Senate Commerce Committee Chairman John Thune, R-S.D., told reporters Tuesday he now expects the bill he and Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, have begun circulating on easing barriers to 5G and other broadband deployments will come up at the committee markup after the one expected to happen this month. Thune previously told us he had hoped to have the legislation ready for the committee's early November executive session, which could happen as soon as Nov. 8 (see 1710270058 and 1710300022). A draft we obtained includes language that would require state and local governments to sync their shot clocks for granting siting permits. The legislation also would direct the GAO to study broadband deployments on tribal lands. A committee spokesman said there isn't a set timeline for Thune and Schatz to formally file their bill. CTIA Senior Vice President-Government Affairs Kelly Cole praised the draft as “modernizing how wireless networks are deployed.”

States that opt out of FirstNet may straggle compared with opt-in states, but the authority won’t leave them behind, CEO Mike Poth plans to say at a Wednesday House Communications Subcommittee hearing. In written testimony released Tuesday, Poth and an AT&T official painted opt-in as the smarter path, but a New Hampshire official complained about "absurd" penalty fees acting as an unfair deterrent to opting opt. States have until Dec. 28 to decide whether to opt out. Separately, GAO sent the House Commerce Committee a report recommending Safecom and the Public Safety Advisory Council (PSAC) investigate tribal and local complaints that they're inadequately represented in the bodies.

An FCC draft item would begin an overhaul of the Lifeline USF program subsidizing providers of broadband and voice service to low-income consumers. Three orders would aim to crack down on "waste, fraud and abuse" and two notices would propose to adopt an annual funding cap and seek ways to better target support to those most in need. They would also target funding to facilities-based providers, not resellers. The actions and proposals were contained in a combined draft that Chairman Ajit Pai put on the tentative agenda Thursday for the Nov. 16 commissioners' meeting (see 1710260049).

The FCC plans Nov. 16 votes on media ownership and ATSC 3.0, as expected, (see 1710250049), and wireless and wireline infrastructure and cable items, Chairman Ajit Pai blogged, although drafts of the items have not yet been issued. Commissioners also will vote, as expected (see 1710100063), on the next phase of the FCC's spectrum frontiers initiative, setting aside high-frequency spectrum for 5G. The order would make available another 1,700 MHz of high-frequency spectrum “for flexible terrestrial wireless use while providing 4 gigahertz for core satellite use,” Pai said. The FCC approved the first order under ex-Chairman Tom Wheeler in July 2016 (see 1607140052).

Cellular company Smith Bagley asked the FCC to limit eligibility for enhanced tribal Lifeline USF support to facilities-based carriers, and NTCA petitioned for near-term wireline relief from new Lifeline minimum service standards. The enhanced support helped Smith Bagley (Cellular One) construct more than 200 cellsites and upgrade its network, said a filing posted Monday in docket 11-42 on meetings with Wireline Bureau staffers and aides to all FCC commissioners other than Jessica Rosenworcel. Allowing resellers to receive enhanced support discourages network investment, said the provider. It also asked the FCC "to carefully calibrate any limitation on enhanced Lifeline that related to population density so as to not exclude Tribal lands whose residents are in difficult circumstances." NTCA asked the FCC to set aside updated Lifeline minimum service standards for fixed, wireline broadband internet access services (BIAS) eligible for support. The agency should "temporarily waive the strict application of the new minimum service speed standard and 'grandfather' existing BIAS customers [with 10/1 Mbps] service, enabling such consumers to continue to receive that service should they so choose," it petitioned. "Because the increase in speed [to 15/2 Mbps] will almost certainly come with an increase in monthly rates that may be unaffordable for some low-income consumers, the updated minimum speed standard could have the unintended consequence of forcing some low-income rural consumers to discontinue their service." NTCA said a long-term solution is needed to help RLECs offer stand-alone, affordable broadband.

Cellular company Smith Bagley asked the FCC to limit eligibility for enhanced tribal Lifeline USF support to facilities-based carriers, and NTCA petitioned for near-term wireline relief from new Lifeline minimum service standards. The enhanced support helped Smith Bagley (Cellular One) construct more than 200 cellsites and upgrade its network, said a filing posted Monday in docket 11-42 on meetings with Wireline Bureau staffers and aides to all FCC commissioners other than Jessica Rosenworcel. Allowing resellers to receive enhanced support discourages network investment, said the provider. It also asked the FCC "to carefully calibrate any limitation on enhanced Lifeline that related to population density so as to not exclude Tribal lands whose residents are in difficult circumstances." NTCA asked the FCC to set aside updated Lifeline minimum service standards for fixed, wireline broadband internet access services (BIAS) eligible for support. The agency should "temporarily waive the strict application of the new minimum service speed standard and 'grandfather' existing BIAS customers [with 10/1 Mbps] service, enabling such consumers to continue to receive that service should they so choose," it petitioned. "Because the increase in speed [to 15/2 Mbps] will almost certainly come with an increase in monthly rates that may be unaffordable for some low-income consumers, the updated minimum speed standard could have the unintended consequence of forcing some low-income rural consumers to discontinue their service." NTCA said a long-term solution is needed to help RLECs offer stand-alone, affordable broadband.

FirstNet unveiled a tribal consultation policy Monday to help the first responder network deal with some of the trickier issues it faces. The policy enables tribes to “express their public safety needs through a nation-to-nation relationship between FirstNet and the country’s 567 federally recognized tribes,” FirstNet said in a news release. FirstNet officials said in the past that tribal issues are complicated because they often involve more than one state (see 1707270046). “This policy recognizes the importance of working directly with Indian Country for the deployment and operation of the Network and being responsive to the needs of public safety communications on tribal lands” said FirstNet board member Kevin McGinnis, the board’s tribal liaison.

Two parties supported Gila River Telecommunications' petition for FCC waiver of a 2014 "National Average Cost Per Loop Freeze Decision," which took effect Jan. 1, 2016. The National Congress of American Indians said the freeze's impacts on Gila River's "bottom line are staggering," with the company expecting to lose $896,000 in support in 2017 and further reductions after that. "Other providers seeking to serve residents in Indian Country are expecting similar excruciating cuts, leaving Indian Country farther behind in the Digital Divide," commented NCAI Tuesday in docket 10-90, responding to a public notice (see 1709070027). The group noted it has a petition pending to reconsider the 2014 decision. Alexicon Telecommunications Consulting, which works with carriers serving tribal lands, said the FCC changed the way a high-cost loop support (HCLS) indexed cap rule was applied to address a "cliff effect" where carriers close to a national average loop cost risked losing all support. The freeze "spread the effects of the indexed cap among all carriers on a proportional basis," Alexicon commented. "While this helped with the 'cliff effect' it also resulted in reduced, sometimes dramatically so, HCLS for many companies." It said Gila River "has done everything in its power" to help the FCC make a decision, submitting its original petition "over 700 days ago," providing "substantial" supporting information and filing "almost continual updates."

Industry generally urged the FCC to streamline Form 477 data reporting duties for broadband and voice providers and be cautious about adding new requirements, particularly if costly. Many backed moving from twice-a-year to annual filings and resisted collection of more granular data, while a few took contrary views. Comments were posted Tuesday and Wednesday in docket 11-10 on a Further NPRM seeking to make industry data, which is used for USF, more useful while scrapping unnecessary burdens (see 1708030026).

Industry generally urged the FCC to streamline Form 477 data reporting duties for broadband and voice providers and be cautious about adding new requirements, particularly if costly. Many backed moving from twice-a-year to annual filings and resisted collection of more granular data, while a few took contrary views. Comments were posted Tuesday and Wednesday in docket 11-10 on a Further NPRM seeking to make industry data, which is used for USF, more useful while scrapping unnecessary burdens (see 1708030026).