Congress didn’t intend for VoIP customers to pay more for 911 than landline users, the 11th U.S. Circuit Court of Appeals ruled Tuesday. The court denied Autauga County and other Alabama 911 districts’ challenge to an FCC order restricting state, local and tribal governments in Alabama from charging higher 911 calling fees for VoIP than traditional telecom services (see 1910250063). The 911 districts argued Congress’ 911 fee parity rule allowed them to charge VoIP and non-VoIP providers using a different unit of measure for each if they applied the same base fee for each unit. “We independently arrive at the same conclusion as the FCC,” wrote Judge Robin Rosenbaum (in Pacer). “We base our determination on congressional intent as expressed in the statutory text, structure, and purpose of the NET 911 Act.” Congress’ 911 fee parity rule “precludes any unit of measurement that results in higher total fees for VoIP subscribers than for non-VoIP subscribers with the same outbound concurrent call capacity,” said Rosenbaum: The point “is to ensure that VoIP and non-VoIP subscribers financially support 911 facilities to the same extent that they burden the hotline service.” The Alabama group’s reading “would create a financial disincentive to potential VoIP providers and subscribers alike to invest in VoIP services,” contrary to Congress’ desire to encourage a rapid VoIP transition, she said. Judges Robert Luck and Lanier Anderson joined the opinion. The Alabama districts, FCC and intervenors USTelecom, NCTA and AT&T didn’t comment by our deadline.

The FCC announced an online workshop Dec. 8 at 2 p.m. EST to provide technical assistance to tribal governments on broadband data collection, said a public notice Monday.

The FCC for “way too long” hasn't accurately measured where broadband is and isn’t, said acting Chairwoman Jessica Rosenworcel during a Marconi Society virtual symposium Friday. “The best time to update our maps was probably five years ago,” Rosenworcel said. The agency is “midstream” in securing a broadband serviceable location fabric, she said (see 2107160057). “I have lots of thoughts about it. It’s not fast.” Rosenworcel said she hopes “things are going to come together in the next few months” and would like to see the maps be used to understand the intersection of issues like broadband access and health outcomes. Some states have “really engaged in quality mapping projects because we know mapping at the federal level is not the strongest,” said Public Knowledge CEO Chris Lewis on a panel. The FCC also needs to be more “creative” with the use of spectrum, Rosenworcel said. “Getting the right mix” between licensed and unlicensed spectrum is “important,” she said, noting auctions for licensed spectrum need to be made more competitive. The federal government is sitting on a lot of unused spectrum, said telecom attorney Steve Coran: “There’s a lot of ways that folks can use spectrum more efficiently.” Tribal priority windows “should be a prerequisite for every spectrum change in the future,” said Chris Mitchell, the Institute for Local Self-Reliance's director-Community Broadband Networks Initiative. Addressing the digital divide requires a focus on both “deployment and affordability,” Rosenworcel said, touting the Emergency Connectivity Fund’s impact on addressing the homework gap, and said it’s “a distinct part” of addressing the digital divide. “There is no doubt that the beating heart of our post-COVID world will be digital,” said ITU Telecom Development Bureau Director Doreen Bogdan-Martin during a keynote: “Adoption is about making sure everyone can get online because that's when we get true digital inclusion.”

The FCC Office of Native Affairs and Policy and Wireline Bureau will host a virtual listening session on tribal library participation in the E-rate program on Oct. 27 at 2 p.m. EDT, said a public notice posted Friday.

U.S. Trade Representative Katherine Tai has asked the International Trade Commission to launch an investigation into the effects of goods and services trade on U.S. workers by skill, wage, gender, race and age, and not just through economic or sociological research, but also through roundtable discussions with disadvantaged community members, unions, minority-owned businesses, Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, civil rights organizaitons and think tanks.

The FCC Wireless Bureau cleared a waiver for Nebraska Indian Community College to use 2.5 GHz for broadband in an area that’s only partially tribal land. NICC already received a license covering the Santee reservation in Nebraska. NICC sought a second license for the Omaha reservation to the entire Bancroft-Rosalie School District, which includes some nontribal lands, the bureau said Thursday. “Under the unique circumstances presented here, we find that strictly applying the Tribal lands definition in this instance would be contrary to the public interest,” the bureau said: “We also note that no petitions to deny or oppositions were received.”

The FCC Wireline Bureau wants comments by Nov. 15, replies Nov. 29, in docket 02-6 on an NPRM clarifying that all tribal libraries are eligible for the E-rate program, said Thursday's Federal Register (see 2110010070).

The FCC added several questions to its final NPRM clarifying that all tribal libraries are eligible for the E-rate program, according to our comparison to the draft (see 2109300069). It sought comment on GAO 2016 recommendations regarding tribal outreach and whether "consultation with other relevant federal agencies such as [the Institute of Museum and Library Services] or the Department of Interior Bureau of Indian Affairs, when developing and promoting such training programs and outreach improve their effectiveness" (see 1604270065). It also asked whether the commission should "consider developing performance goals and measures to track progress" on increasing tribal school and library participation.

The FCC Wireless Bureau OK’d a waiver for California’s Tolowa Dee-ni’ Nation to use 2.5 GHz spectrum for broadband on two parcels adjacent to its reservation “each of which include trust and fee lands interspersed with non-Tribal lands.” The bureau previously approved use of the band on the reservation. Absent a waiver, the tribe “would have no reasonable alternative in providing service to its trust and fee lands,” Thursday's order said: “The nature of the trust and fee land being interspersed with non-Tribal land presents technical challenges in establishing a wireless network.”

FCC commissioners approved an NPRM on making networks more resilient during disasters 4-0 Thursday, as expected (see 2109280051). Commissioners said more mandates could come as a result of the investigation. Acting Chairwoman Jessica Rosenworcel said the FCC plans a virtual field hearing as part of the Oct. 26 meeting on Hurricane Ida. Rosenworcel and Commissioner Brendan Carr traveled to Louisiana this week to tour areas hit by the latest storm. Commissioners also unanimously adopted an order on foreign ownership and an NPRM about closing two methods for scammers taking control of victims' mobile phones, SIM swapping and port-out fraud. Such actions were as expected (see 2109280009).