Lack of affordability remains a major impediment to getting more people online nationwide, FCC Commissioner Mignon Clyburn said in a speech at the #Solutions2020 Policy Forum she hosted at the Georgetown Law School Wednesday. Clyburn has been on a listening tour across the U.S. (see 1604140052) and used the forum to share some of her observations.

CTA President Gary Shapiro, who supported GOP candidate Mitt Romney in the 2012 election (see 1211080036), plans to vote this year for Democratic presidential nominee Hillary Clinton, he said in a Friday Facebook post. “Despite having supported, contributed and advocated for the last few Republican presidential candidates,” Shapiro is “almost ready” to vote for Clinton because “she is experienced, stable and by every measure a better choice,” he said. Shapiro later explained his "almost ready" wording by saying he hadn't yet filled out his absentee ballot, and that he had pondered several options about how he would vote.

The FCC said it reauthorized its Intergovernmental Advisory Committee for another two-year term and is seeking nominations for membership in a public notice Thursday. The current term of the IAC expired July 14. “The mission of the IAC is to provide advice to the Commission on the many telecommunications issues affecting local, state and Tribal governments that are within the jurisdiction of the FCC,” the notice said. “These issues can range from major FCC policy priorities such as broadband adoption and deployment, especially in unserved and underserved rural areas and Tribal lands, strengthening public safety communications infrastructure and emergency response capabilities, streamlining facilities siting, while respecting public rights-of-way, monitoring the transition from ‘legacy’ telecommunications services to emerging wireline networks and wireless networks, and ensuring the effectiveness and efficiency of the universal service programs.”

The FCC Wireless Bureau warned Union Pacific Railroad UP was found in violation of the National Environmental Policy Act and laws. The railroad built and operated a 120-foot tower in West Matoon Creek, Kansas, in a floodplain “without first performing the required environmental and historic preservation review,” the bureau said in the warning letter. The bureau said the railroad also had committed to allowing observers from the Osage Nation to observe construction because of the tribe’s concerns about impacts on tribal resources associated on two major trails: the Missouri River Trail and the Osage Trace. “UP committed to accommodate a monitor to address the Osage Nation’s concerns,” the bureau said. “Despite that commitment, construction proceeded without notice to the Osage Nation,” with no observer present, it said. “Based on our investigation, we find that UP violated the Commission’s regulations implementing NEPA and other environmental statutes … as well as related licensing requirements,” the bureau said. “Future violations may result in additional action, including the imposition of monetary penalties. … Furthermore, UP’s conduct at issue in this letter may provide grounds for an upward adjustment in the amount of a penalty.” The railroad didn't comment Wednesday.

FCC Chairman Tom Wheeler sought to reassure Sen. Maria Cantwell, D-Wash., and other Capitol Hill Democrats of the agency’s attention to broadband access on tribal lands. Cantwell led a July 15 letter pressing for Wheeler’s completion of “comprehensive Tribal reforms” by year’s end. “To the extent that funds are available within the current universal service program, we urge you to repurpose them to accelerate investment in broadband on Tribal Lands,” the Democrats said. Wheeler discussed such tribal overhaul at his Sept. 15 Senate Commerce Committee hearing and pledged to Sen. Tom Udall, D-N.M., a signer of Cantwell’s letter, that he would complete such tribal-focused changes by the end of football season (see 1609150058). The FCC “has adopted initiatives to drive investment in mobile broadband on Tribal lands,” Wheeler told lawmakers in a letter released this week. “For example, in 2014 the FCC's Tribal Mobility Fund Phase I reverse auction made up to $50 million in one-time funding available to Tribal lands to accelerate mobile broadband availability. In addition, both the Tribal Mobility Fund Phase I and the general Mobility Fund Phase I made a 25 percent bidding credit available for Tribally-owned or controlled providers seeking support. As a result, 72 different Tribal Lands will benefit from both the Mobility Fund Phase I and Tribal Mobility Fund Phase I auctions. In addition, staff is actively examining a mechanism to award ongoing support to Tribal lands through Mobility Fund Phase II.”

FCC Chairman Tom Wheeler sought to reassure Sen. Maria Cantwell, D-Wash., and other Capitol Hill Democrats of the agency’s attention to broadband access on tribal lands. Cantwell led a July 15 letter pressing for Wheeler’s completion of “comprehensive Tribal reforms” by year’s end. “To the extent that funds are available within the current universal service program, we urge you to repurpose them to accelerate investment in broadband on Tribal Lands,” the Democrats said. Wheeler discussed such tribal overhaul at his Sept. 15 Senate Commerce Committee hearing and pledged to Sen. Tom Udall, D-N.M., a signer of Cantwell’s letter, that he would complete such tribal-focused changes by the end of football season (see 1609150058). The FCC “has adopted initiatives to drive investment in mobile broadband on Tribal lands,” Wheeler told lawmakers in a letter released this week. “For example, in 2014 the FCC's Tribal Mobility Fund Phase I reverse auction made up to $50 million in one-time funding available to Tribal lands to accelerate mobile broadband availability. In addition, both the Tribal Mobility Fund Phase I and the general Mobility Fund Phase I made a 25 percent bidding credit available for Tribally-owned or controlled providers seeking support. As a result, 72 different Tribal Lands will benefit from both the Mobility Fund Phase I and Tribal Mobility Fund Phase I auctions. In addition, staff is actively examining a mechanism to award ongoing support to Tribal lands through Mobility Fund Phase II.”

The Rural Utilities Service “will aim to double its annual investment in telecom broadband loans in Indian Country -- to $50 million in FY17 -- and dedicate staff to providing tribes with technical assistance to help unlock existing resources,” the White House said in its fact sheet for Monday’s Tribal Nations Conference in Washington, saying the administration is "prioritizing tribal connectivity." The White House-proposed budget also “proposed significant investments in education information IT to enhance broadband and digital access for students at [Bureau of Indian Education]-funded schools,” the fact sheet said. It said the administration already has, “as part of ConnectED, an initiative designed to connect schools and libraries to the digital age, the [FCC] E-rate program provided broadband, Wi-Fi, and telecommunications funding to 245 tribal schools serving over 60,000 students and 31 tribal libraries last funding year." Starting Dec. 1, it said, "the enhanced Lifeline program subsidy, which is available to low-income people living on Tribal lands, can be used to help cover the cost of broadband service.”

The Rural Utilities Service “will aim to double its annual investment in telecom broadband loans in Indian Country -- to $50 million in FY17 -- and dedicate staff to providing tribes with technical assistance to help unlock existing resources,” the White House said in its fact sheet for Monday’s Tribal Nations Conference in Washington, saying the administration is "prioritizing tribal connectivity." The White House-proposed budget also “proposed significant investments in education information IT to enhance broadband and digital access for students at [Bureau of Indian Education]-funded schools,” the fact sheet said. It said the administration already has, “as part of ConnectED, an initiative designed to connect schools and libraries to the digital age, the [FCC] E-rate program provided broadband, Wi-Fi, and telecommunications funding to 245 tribal schools serving over 60,000 students and 31 tribal libraries last funding year." Starting Dec. 1, it said, "the enhanced Lifeline program subsidy, which is available to low-income people living on Tribal lands, can be used to help cover the cost of broadband service.”

CenturyLink opposed Warm Springs Telecom's bid to become the incumbent telco for part of the Warm Springs Reservation in Oregon on the same day the FCC put WST's petition out for comment. CenturyLink said it's the ILEC for the Warm Springs wire center and generally denied the factual allegations and legal conclusions in WST's request, which also sought ILEC status for the reservation's Wanapine exchange. CenturyLink disputes "allegations regarding the nature of CenturyLink’s service on the Warm Springs Reservation, market share information, the history of the relationship between the Confederated Tribes of Warm Springs and CenturyLink, and WST’s ability to function as the ILEC on the reservation," said its opposition Tuesday in docket 16-284. The FCC sought comments by Oct. 20, replies by Nov. 4 on WST's Aug. 29 ILEC petition in a Wireline Bureau public notice Tuesday. CenturyLink said WST hadn't shown that it substantially replaced CenturyLink in the Warm Springs wire center despite WST's claim it had overbuilt most of the network and served more than 90 percent of local customers. If WST, a CLEC, wants to be the ILEC for the Warm Springs wire center, it should show it substantially has replaced CenturyLink in the entirety of the wire center and not just the portion within the reservation, said the opposition. CenturyLink said WST hadn't made necessary ILEC commitments or demonstrated it received necessary state authorizations for the area. It appears WST simply tacked on its request for ILEC status in the Warm Springs wire center to a request for ILEC status in the Wanapine exchange that had received Oregon Public Utility Commission backing, CenturyLink said.

Sens. Kirsten Gillibrand, D-N.Y., and Shelley Moore Capito, R-W.Va., are joining to introduce the Broadband Connections for Rural Opportunities Program Act. The legislation hasn't been announced or released but will be introduced soon, a Republican Senate staffer told us. Capito launched a Senate Broadband Caucus this summer, which Gillibrand hasn't joined. Neither senator sits on the Commerce Committee but both have eyed broadband policy.