The FCC asked a court to amend a tribal Lifeline ruling to clarify that several unchallenged portions of a commission order/item weren't vacated by a reversal of challenged parts (see 1902010051). The agency said petitioners challenged two changes to enhanced tribal Lifeline support in a "Fourth Report and Order" and raised certain procedural issues. "The Fourth Report and Order was promulgated as Section II of the Order under review, which also contained sections embodying four different actions taken by the Commission that petitioners did not challenge; yet, the Court appears to have vacated the Order in its entirety," said an FCC motion (in Pacer) Monday to the U.S. Court of Appeals for the D.C. Circuit in National Lifeline Association v. FCC in docket 18-1026. "The FCC requests that the Court amend the opinion to make clear that its decision vacates only Section II (the Fourth Report and Order section) of the Order, as well as the relevant portions of the Order’s Ordering Clauses." That will keep in effect an unchallenged order on reconsideration, memorandum opinion and order, NPRM and notice of inquiry, said the agency. It said it was authorized to say petitioners don't oppose the motion. A NaLA representative didn't comment.

The FCC asked a court to amend a tribal Lifeline ruling to clarify that several unchallenged portions of a commission order/item weren't vacated by a reversal of challenged parts (see 1902010051). The agency said petitioners challenged two changes to enhanced tribal Lifeline support in a "Fourth Report and Order" and raised certain procedural issues. "The Fourth Report and Order was promulgated as Section II of the Order under review, which also contained sections embodying four different actions taken by the Commission that petitioners did not challenge; yet, the Court appears to have vacated the Order in its entirety," said an FCC motion (in Pacer) Monday to the U.S. Court of Appeals for the D.C. Circuit in National Lifeline Association v. FCC in docket 18-1026. "The FCC requests that the Court amend the opinion to make clear that its decision vacates only Section II (the Fourth Report and Order section) of the Order, as well as the relevant portions of the Order’s Ordering Clauses." That will keep in effect an unchallenged order on reconsideration, memorandum opinion and order, NPRM and notice of inquiry, said the agency. It said it was authorized to say petitioners don't oppose the motion. A NaLA representative didn't comment.

Viasat hammered Hughes Network System opposition to its request for designation as an eligible telecom carrier (see 1903070067) after winning support in a Connect America Fund Phase II subsidy auction. "The premise underlying Hughes’s opposition is absurd," replied Viasat, posted Thursday in docket 09-197. "When Hughes offers [VoIP] services over its satellite network, it has no qualms about claiming that satellite-provided VoIP services are 'virtually indistinguishable from landline voice service' and meet the applicable standard for federal support under the [CAF] program. But when a competitor proposes a satellite VoIP offering, Hughes’s view of the world suddenly flips. According to Hughes’s opposition, commitments to offer satellite VoIP services that will meet applicable Commission requirements in states like Alabama, California, Florida, and West Virginia should now supposedly be viewed with 'great skepticism.'" The FCC doesn't require a party to "provide the supported service at the time of its ETC application, or that an applicant engage in testing of a current service to assess whether the future supported service will comply with the conditions of that support," the filing said. Viasat "is not obligated to provide CAF II-compliant services for at least three more years." Redwire withdrew an ETC petition after Oklahoma Corporation Commission jurisdictional objections (see 1903070067). "After completing a more thorough comparison of census blocks awarded to Redwire in [the CAF II auction] with Otoe-Missouria tribal lands, it does not appear at this time that any awarded census blocks are located within Otoe-Missouria lands," the company said.

Viasat hammered Hughes Network System opposition to its request for designation as an eligible telecom carrier (see 1903070067) after winning support in a Connect America Fund Phase II subsidy auction. "The premise underlying Hughes’s opposition is absurd," replied Viasat, posted Thursday in docket 09-197. "When Hughes offers [VoIP] services over its satellite network, it has no qualms about claiming that satellite-provided VoIP services are 'virtually indistinguishable from landline voice service' and meet the applicable standard for federal support under the [CAF] program. But when a competitor proposes a satellite VoIP offering, Hughes’s view of the world suddenly flips. According to Hughes’s opposition, commitments to offer satellite VoIP services that will meet applicable Commission requirements in states like Alabama, California, Florida, and West Virginia should now supposedly be viewed with 'great skepticism.'" The FCC doesn't require a party to "provide the supported service at the time of its ETC application, or that an applicant engage in testing of a current service to assess whether the future supported service will comply with the conditions of that support," the filing said. Viasat "is not obligated to provide CAF II-compliant services for at least three more years." Redwire withdrew an ETC petition after Oklahoma Corporation Commission jurisdictional objections (see 1903070067). "After completing a more thorough comparison of census blocks awarded to Redwire in [the CAF II auction] with Otoe-Missouria tribal lands, it does not appear at this time that any awarded census blocks are located within Otoe-Missouria lands," the company said.

Sens. Tom Udall, D-N.M., and Cory Gardner, R-Colo., led refiling Tuesday of legislation to require the FCC to expand E-rate reimbursement eligibility to include Wi-Fi deployments on school buses (S-738). Sens. Catherine Cortez Masto, D-Nev., and Sheldon Whitehouse, D-R.I., are co-sponsors. Gardner and Udall had filed the bill last year (see 1805250022). “It’s time to end the homework gap and set our kids up for success,” said Udall. S-738 “will help rural students and especially low-income students who may not otherwise have access to mobile Internet,” Gardner said. “Wi-Fi on school buses is an increasingly effective method to support students in rural areas,” said Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen. “This legislation will help the E-rate program adapt and thrive in response to new technologies.” The Competitive Carriers Association, Navajo Tribal Utility Authority Wireless and the School Superintendents Association also lauded the proposal.

Sens. Tom Udall, D-N.M., and Cory Gardner, R-Colo., led refiling Tuesday of legislation to require the FCC to expand E-rate reimbursement eligibility to include Wi-Fi deployments on school buses (S-738). Sens. Catherine Cortez Masto, D-Nev., and Sheldon Whitehouse, D-R.I., are co-sponsors. Gardner and Udall had filed the bill last year (see 1805250022). “It’s time to end the homework gap and set our kids up for success,” said Udall. S-738 “will help rural students and especially low-income students who may not otherwise have access to mobile Internet,” Gardner said. “Wi-Fi on school buses is an increasingly effective method to support students in rural areas,” said Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen. “This legislation will help the E-rate program adapt and thrive in response to new technologies.” The Competitive Carriers Association, Navajo Tribal Utility Authority Wireless and the School Superintendents Association also lauded the proposal.

The FCC should preserve the educational broadcast service band and retain a preference for educational institutions and tribal nations for new EBS licenses, said the Schools, Health & Libraries Broadband Coalition in meetings last week with Chairman Ajit Pai, aides to the other four commissioners and the Wireless Bureau, recounted a filing posted Tuesday in docket 18-120. Letting such entities get the licenses would complement auctions in other bands, and public-private partnerships could allow them to pair with commercial providers to deploy rural service, SHLB said. The large commercial carriers that would likely win EBS licenses in an auction would be unlikely to deploy to rural areas, it said.

The FCC should preserve the educational broadcast service band and retain a preference for educational institutions and tribal nations for new EBS licenses, said the Schools, Health & Libraries Broadband Coalition in meetings last week with Chairman Ajit Pai, aides to the other four commissioners and the Wireless Bureau, recounted a filing posted Tuesday in docket 18-120. Letting such entities get the licenses would complement auctions in other bands, and public-private partnerships could allow them to pair with commercial providers to deploy rural service, SHLB said. The large commercial carriers that would likely win EBS licenses in an auction would be unlikely to deploy to rural areas, it said.

Rural telco interests voiced concerns about FCC proposals to auction off their subsidies in areas completely or almost completely served by unsubsidized broadband competitors. They opposed such reverse auctions or backed limiting their use to areas with 99 or 100 percent competitive overlap, and sought "reasonable" transitions, continued support for broadband-only lines, and a tribal broadband factor. Fixed-wireless and cable groups backed the thrust of a Further NPRM approved unanimously in December (see 1812120039) but urged auctioning RLEC areas with as little as 50 percent competitive overlap. Comments were posted through Monday in docket 10-90.

Rural telco interests voiced concerns about FCC proposals to auction off their subsidies in areas completely or almost completely served by unsubsidized broadband competitors. They opposed such reverse auctions or backed limiting their use to areas with 99 or 100 percent competitive overlap, and sought "reasonable" transitions, continued support for broadband-only lines, and a tribal broadband factor. Fixed-wireless and cable groups backed the thrust of a Further NPRM approved unanimously in December (see 1812120039) but urged auctioning RLEC areas with as little as 50 percent competitive overlap. Comments were posted through Monday in docket 10-90.