Regulations ranging from Telecom Act competition rules to auction bidding processes were cited by White House Thurs. as potential impediments to economic growth. In Office of Management and Budget (OMB) annual report to Congress on “costs and benefits of regulations,” independent agencies such as FCC for first time were included.
Federal and state regulators and tribal representatives still are edging toward agreement to streamline siting decisions for wireless and broadcast towers. But some tribal historic preservation officers remain concerned about how agreement is being crafted and what they see as their continued general lack of input in tower siting decisions. While draft proposal earlier this year had been state prototype that would have given each state sign-off in siting decision process, model that now is focus of negotiations is nationwide pact. Several sources said it remained uncertain how nationwide agreement, as opposed to state-by-state prototype, would be embraced by state historic preservation officers, whose national organization must sign off on program. While tribal and some state concerns remain to be addressed before agreement is reached, participants said FCC’s recent creation of cultural resource specialist was move in right direction.
FCC launched national campaign to educate low-income consumers on obtaining affordable telephone service. Campaign called “Get Connected: Afford-A-Phone” is based on 2 Universal Service Fund programs, Lifeline and Link-Up, FCC said. Lifeline allows qualified low-income persons to obtain monthly discounts on cost of receiving telephone service, Commission said, while Link-Up “offsets half of the initial hookup fee,” of up to $30 and provides deferred payment plan. Eligible residents of Native American and Alaskan Native tribal lands can obtain $25 additional monthly Lifeline support, Commission said, and up to $70 expanded Link-Up support.
DBS services might see increased potential audience thanks to bill that cleared Senate Commerce Committee Fri. Currently it is against law for anyone to receive DBS signal while at sea (prohibition begins moment ship leaves shore), but Sen. Breaux (D-La.) successfully added amendment to S- 2329, Ship, Seafarer and Container Security Act, to allow any ship to receive DBS signals at sea. Sen. Nelson (D-Fla.) wasn’t present for markup but asked that his objection to provision be noted; otherwise there was no objection and amendment was added, after which bill passed by voice vote. Also approved by voice vote Fri. was S-414 by Sen. Cleland (D-Ga.). Bill would create grant program at NTIA to give historically black colleges and universities, Hispanic- serving institutions, tribal colleges and Alaska Native and Native Hawaiian higher education institutions $250 million to buy computers, wire campuses and provide technology training. Original bill called for funding in FY 2003, but committee adopted Cleland’s amendment changing year to FY 2004.
FCC could hasten telecom facility deployment on tribal lands by heightening awareness of its Tribal Bidding Credits program, Space Data CEO Gerald Knoblach said. Program reduces costs for winners of wireless auction bids as long as those companies receive commitments from federally recognized tribes to allow deployment of wireless facilities on tribal lands. “Carriers’ carrier” Space Data, which is deploying national network of “balloon-borne wireless repeaters,” has had “generally” positive experience in acquiring such bidding credits, Knoblach said in written comments submitted for joint hearing by Senate Commerce and Indian Affairs committees: “The tribes we have contacted were not fully aware of the bidding credit process… In some cases we have been perceived somewhat skeptically as trying to get something for nothing… Space Data recommends that the FCC place increased emphasis on publicizing the bidding credit process and encouraging the tribes to support such efforts since they have the potential of improving communications to tribal lands on a nonexclusive basis.” FCC Consumer & Govt. Affairs Bureau Chief Dane Snowden said at May 14 hearing that Commission was launching outreach program next month to educate tribes on availability of telecom support programs (CD May 15 p1).
Correction: National Historic Preservation Act’s Sec. 106 governs process by which govt. advises tribal communities on telecom deployment (CD May 15 p1).
Senate Indian Affairs Committee Chmn. Inouye (D-Hawaii) ordered FCC to file report with panel on Commission’s role in protecting tribal lands from alleged illegal encroachment by wireless tower companies. Joint hearing with Senate Commerce Committee Tues. began with testimony from FCC Consumer & Govt. Affairs Bureau Chief Dane Snowden, who outlined existing and anticipated FCC initiatives to increase Indian Country access to telecom services. Although most members and panelists focused on issue of low penetration rates and measures being taken to address underserved areas, tone of hearing took abrupt turn. William Day, chmn. of United South & Eastern Indian Tribes’ Culture & Heritage Committee, said he questioned legality of FCC’s allowing cell tower companies to satisfy agency’s tribal governmental consultation obligations. This obligation involves determining the impact of telecom infrastructure on tribal lands, including sacred sites. Day lauded Congress for balancing efforts to spur electronic communications deployment on tribal lands and respect for tribal sovereignty: “Unfortunately, your work has been thwarted -- grossly thwarted -- by the Federal Communications Commission and its allies.”
Senate Commerce Committee and Indian Affairs Committee witness list for joint panel hearing today (May 14) on tribal telecom issues: FCC Consumer & Govt. Affairs Bureau Chief Dane Snowden, Western Wireless Pres. John Stanton, Mont. Independent Telecom Systems Exec. Vp Michael Strand, United South & Eastern Tribes Culture & Heritage Committee Chmn. William Day, Yurok Tribe Chmn. Sue Masten, National Congress of American Indians Economic Development Consultant Marcia Warren-Edelman. Hearing is 10 a.m., Rm. 253, Russell Bldg.
Issue of potential impact that communications towers have on migratory birds has emerged with increasing frequency in federal antenna siting decisions fought by environmental groups, according to industry sources and environmental groups. Ruling earlier this month by U.S. Dist. Court, D.C., may pave way for groups battling tower siting to sue under Migratory Bird Treaty Act, several industry sources said. Despite Commission ruling earlier this year that Friends of the Earth and Forest Conservation Council lacked standing to file petitions objecting to dozens of proposed antenna structures, groups since Jan. have filed new objections that highlight harmful impact to migratory birds. Meanwhile, several months after govt.-industry group set accelerated timeline for working out way to streamline siting decisions for communications towers, document is now before FCC after Advisory Council on Historic Preservation (ACHP)-led process didn’t produce agreement.
Office of Management & Budget’s Office of Information & Regulatory Affairs (OIRA) said it would intensify reviews of regulatory costs and benefits and would continue to develop “transparent and open approach to regulatory oversight” to “demystify” process. It said late last week in draft of its annual report to Congress that in assessing federal department and independent agency rulemakings, it found FTC and FCC contrasted sharply in degree to which they provided financial impact data. Basing conclusion primarily on General Accounting Office reports, OMB said FTC “consistently considered benefits and costs in their rulemaking processes while [FCC] did not prepare benefit-cost analyses.”