Last month’s FCC tribal radio order contains information collection requirements that must be approved by the Office of Management and Budget, which hasn’t done so yet, the commission said in a notice in the Federal Register. The commission will request OMB approval, and will seek comment on how the requirements square with the Paperwork Reduction Act, Friday’s notice said (http://xrl.us/bmpceg). The order makes it easier for tribes to get new radio allotments (CD Jan 10/11 p5).

The latest numbers emerging as the FCC pushes forward on an order addressing Lifeline funding reveal sharp growth in the cost of the Universal Service Fund program. Lifeline spending was up sharply in Q4 2011, ending in September, to $525 million, but it remains unclear whether that number is an anomaly or means real, across the board growth in the Lifeline program. Meanwhile, a senior FCC official said Chairman Julius Genachowski is committed to putting in place significant controls on the size of Lifeline program, which are projected to save $2 billion over a period of years versus the status quo.

The FCC should “take all necessary regulatory and policy measures” to “bring parity of broadband technology and service to Native communities,” the National Tribal Telecommunications Association (NTTA) said in comments responding to a rulemaking notice on Universal Service Fund high-cost loop support. NTTA said tribal communities “have high unemployment, high poverty, and large numbers of low income customers.” Among its members, 86 percent of the Gila River Tribe’s subscribers are Low Income Program customers, as are 72 percent of Hopi subscribers and 60 percent of San Carlos Apache’s subscribers, the group said (http://xrl.us/bmo5xq). NTTA understands the growing pressures on the USF, but native areas present problems the FCC must address, the filing said. “Native peoples reside in the worst connected communities in America for both broadband and for basic voice dial tone,” it said. “The Commission needs to honor both its Communications Act and its trust responsibility to provide parity of technology and service to Native communities."

Native Americans became the first parties to oppose petitions to reconsider last fall’s universal service reforms, the record on docket 10-90 showed. The National Congress of American Indians and Navajo telecom regulators filed separate, but similarly worded, briefs to oppose RLEC’s request for exemption of some of the new rules’ guidelines for deploying broadband in tribal areas (CD Oct 28 p1).

The FCC continues working on several radio rulemakings, has completed one proceeding and may finish two others later this year. The attention by staffers in the Media Bureau to radio issues is in contrast to what some see as the commission’s overall lack of attention to other media issues. The agency in December approved a tribal radio order, which industry lawyers said the bureau made quick work of. By contrast, the commission is more than a year behind schedule on its media ownership review, in which industry lawyers said radio isn’t much in play.

The FCC continues working on several radio rulemakings, has completed one proceeding and may finish two others later this year. The attention by staffers in the Media Bureau to radio issues is in contrast to what some see as the commission’s overall lack of attention to other media issues. The agency in December approved a tribal radio order, which industry lawyers said the bureau made quick work of. By contrast, the commission is more than a year behind schedule on its media ownership review, in which industry lawyers said radio isn’t much in play.

Civil rights and “digital divide” erasure advocates gave mixed reviews to FCC Chairman Julius Genachowski’s Lifeline reform proposals Monday. As expected (CD Jan 9 p7), Genachowski promised what he called “cost controls” and “a budget” for Lifeline and Link-Up, with most of his efforts focused on rooting out some 200,000 duplicate claims and building a database to prevent future “waste.” The draft order will circulate Tuesday, Genachowski said.

The recent Justice Department memo on Internet gambling “opened the door for more complications” which must be addressed by federal legislation, Rep. Joe Barton, R-Texas, told us late Thursday. Though Barton said he was “glad” the Justice Department confirmed that the federal Wire Act does not prohibit online lotteries and non-sports related Internet gambling, he said the memo creates larger problems for regulators and consumers (WID Dec 28 p1). “If Congress doesn’t act soon we could end up with fractured rules and regulations that vary state to state, leaving more opportunity for fraud and fewer safeguards for players,” he said.

The FCC adopted a rule to make it easier for radio stations serving Native American Tribes and Alaska Native Villages to move to urban areas, as expected (CD Dec 12 p4). Under the new rules, the FCC will establish a “Threshold Qualifications Window” for tribal entities to claim they meet the qualifications for a move, including: (1) the applicant is at least 51 percent owned by a recognized tribal entity. (2) at least 50 percent of the station’s signal coverage contour is over tribal lands. (3) the city of license is on tribal lands. (4) the proposed service must be first or second aural service, or a first local tribal-owned commercial service. If more than one entity applies for a particular location, tribes will have a period to settle mutually exclusive applications. If there’s no settlement, the allocation will be auctioned, the FCC said. If no qualifying party applies for the radio allocation, it would be auctioned to anyone. The rules do not include the FCC’s original proposal of a tribal bidding credit. FCC Commissioner Michael Copps said he believes the rules will “lead to licensing significantly more tribal entities” to provide radio service.

The Justice Department confirmed that the federal Wire Act does not prohibit online lotteries and Internet gambling as long as they don’t involve sporting events, according to a memo released Friday by Assistant Attorney General Virginia Seitz. The historic shift modifies the Justice stance on Internet gambling at a time when states and some members of Congress are lobbying for more regulation and taxation of online poker. Gaming advocates hailed the opinion but said federal legislation is required to clarify the rules for Native American tribes and offshore gambling firms.