At our deadline, FCC was expected to act on Western Wireless petition for eligible telecom carrier (ETC) status so it could provide local phone service to Pine Ridge Reservation in S.D. National Congress of American Indians (NCAI) wrote to FCC Sept. 20 urging favorable decision so Western Wireless could improve “abysmally low telephone penetration rate” on reservation. NCAI Pres. Susan Masten said Western Wireless “in good faith” had constructed one cell site on reservation that provided services to 1,500 tribal members, 42% of whom didn’t have phone service previously. If it gets ETC status, company plans to build 2 more sites, which would provide service to every household on reservation, Masten said.
FCC unveiled details of its restructuring plan at Thurs. agenda meeting, most dramatic of which would be combination of Cable and Mass Media Bureaus into newly named Media Bureau. As expected, bureau would include separate Office of Broadcast License Policy, which would be headed by current Mass Media Bureau Chief Roy Stewart, FCC Chief of Staff Marsha MacBride said at media briefing. Also as expected (CD Aug 29 p1), bureau would handle “postlicensing” policy for direct broadcast satellites (DBS), which would be shifted from International Bureau. Common Carrier Bureau would be renamed Wireline Competition Bureau and would have greater emphasis on technical and economic analysis, said Mary Beth Richards, special counsel to FCC Chmn. Powell, in presentation after meeting’s regularly scheduled business. Under changes, which require approvals from labor union, 8th floor and congressional appropriators, Consumer Information Bureau would carry new name of Bureau of Consumer Information & Intergovernmental Affairs and have broader policy functions. Wireless Bureau and Enforcement Bureau would assume some new duties, but their structure would remain intact. “This is a substantial effort at reorganization but it’s not radical,” Powell said.
FCC and NECA will host 2 Indian Telecom Training Initiative (ITTI 2001) conferences intended to increase telecom services in Indian tribal lands. Conferences are scheduled June 3-5, Radisson Hotel, St. Paul, and Sept. 23-26, Bally’s Hotel, Las Vegas. FCC said first meeting would target marketing, finance, sales and business development executives of telecom and utility companies. Conference speakers will be tribal govt. leaders, elders and college professors. Second meeting will provide information to Indian tribal leaders and other parties.
Advisory Council on Historic Preservation (ACHP) signed agreement at meeting in Little Rock Fri. designed to streamline communications tower colocation reviews. Agreement was crafted by FCC, ACHP and National Conference of State Historic Preservation Officers. Pact eases review procedures for colocating antennas on existing towers under Sec. 106 of National Historic Preservation Act (NHPA). State and tribal historic preservation officers had discussed procedural changes with communications industry following flood of new applications as result of recent growth in wireless communications towers. Wireless industry had sought changes as way to help relieve administrative backlogs that were delaying tower construction. Agreement is product of 7 months of industry and federal, state and tribal govt. negotiations. Under pact, most colocations on existing towers will be exempt from ACHP siting review procedures. Sec. 106 requires federal agencies to consider effects of their undertakings on historic properties. Agreement acknowledges that effect on historic properties of antenna colocations on towers is “likely to be minimal and not adverse.” FCC said Fri. that national agreement was designed to relieve “unnecessary administrative burdens” on agency licensees, tower companies, state historic preservation officers and Commission “while protecting the goals of the NHPA.” Agreement allows antenna to be mounted on tower built on or before March 16, 2001, unless it: (1) Will increase substantially in size, based on factors such as raising height by more than 10%. (2) Has been determined by FCC to have impact on one or more historic properties unless there’s “no adverse effect” finding. (3) Is under pending environmental review or FCC proceeding involving Sec. 106 compliance. Additional caveat includes cases where licensee or tower owner has received notification that FCC has received complaint about adverse effect. Colocation on towers constructed after March 16 also is covered with similar caveats. “This agreement provides for flexibility now for carriers and tower companies to move forward,” PCIA Senior Vp-Govt. Relations Robert Hoggarth said. “The fundamental advantage of this agreement is simply that it allows historical preservation officials to focus on the small percentage of towers that do have an impact.” FCC signed off on agreement last week after it had allowed additional time earlier this year for comments on draft from tribal representatives. “Tribal concerns need to be addressed in this process,” Hoggarth said. “The programmatic agreement is the beginning as opposed to the end,” he said, noting PCIA was meeting with representatives of southern and eastern tribes today (Mon.) to begin identifying model siting agreement. Still, FCC Comr. Tristani expressed concerns that agreement fell short of agency’s commitment to facilitate tribal consultation in agency regulatory processes. Commission received nearly 20 comments from tribal govts. on draft, she said. “The overwhelming majority told us our approach is not working,” Tristani said. “This response is prima facie evidence that our understanding of tribal consultation is misguided.”
Commonwealth of Northern Mariana Islands filed request with FCC March 7 for expanded universal service option support for low- income consumers there. Marianas seek support similar to measures adopted in FCC Tribal Order for low-income subscribers living on tribal lands. In Tribal Order, agency adopted measures designed to promote increased subscribership levels in tribal communities, including enhanced Lifeline support, expanded Link Up support and additional criteria for eligibility for Lifeline and Link Up support. Comments are due at FCC by April 13, replies April 30.
FCC Wireless Bureau said it modified its universal licensing system (ULS) to help auction winners file for tribal land bidding credits. Changes include screens to signal intent to seek credit when filing long-form applications for license at close of auction, ULS ability to select tribal lands to be served in each market, submission of required tribal govt. certification. Last June, FCC created tribal land bidding credit program for future auctions to provide incentives to wireless carriers to serve those lands. Eligible bidders for credit commit to use license to supply service to tribal lands that are unserved by any carrier or have wireline subscription rate equal to or below 70%.
Timing of CTIA court challenge over scope of Advisory Council on Historic Preservation’s (ACHP) authority to promulgate rules that bind FCC (CD Feb 26 p7) is unfortunate, said PCIA Senior Vp- Govt. Relations Robert Hoggarth last week. “We have worked very hard for the last 8 months” on draft agreement on streamlining wireless antenna collocation review procedures, Hoggarth said. Nationwide program agreement was drafted by staffs of FCC, ACHP, National Conference of State Historic Preservation Officers (NCSHPO) and tribal representatives to try to streamline reviews on whether facilities such as towers may affect historic properties. FCC recently extended comment period for draft to provide tribal representatives additional time to submit comments and final action on draft is weeks away. “We have been working very hard with the ACHP, NCSHPO and the tribes to blunt the impact of the lawsuit,” Hoggarth said. Filing lawsuit over rules that implement Sec. 106 of National Historic Preservation Act so close to final action on draft agreement “poisons water” concerning ability of parties to bridge any remaining differences, Hoggarth said. CTIA lawsuit itself didn’t concern draft agreement on collocation but targeted broader ACHP regulations on siting and environmental impact designed to ensure that facilities such as towers have no adverse environmental impact on wireless properties. CTIA wants court to review final rule issued by ACHP in Dec. Assn. is arguing regulation goes beyond scope of ACHP’s rulemaking authority under NHPA, which defines council’s role as advisory and not regulatory.
Large carriers informed FCC and SEC of details of financial arrangements with designated entities in recent C-block re- auction, including $2.6 billion pledged by AT&T Wireless to Alaska Native Wireless (ANW). Cingular Wireless said it has planned $460 million in loans to designated entity Salmon PCS. FCC released public notice late Tues. (CD Feb 28 p5) on long forms filed by successful bidders in PCS auction that raised $17 billion. Relationships between major carriers and designated entities, which qualified to bid on licenses closed to smaller bidders in auction, have been subject of scrutiny by some smaller carriers.
While differing on some details, wireless carriers and equipment makers in comments last week urged FCC to make additional spectrum available for 3rd generation and advanced services. Among most pointed recommendations were those of equipment vendors such as Ericsson, Motorola and Qualcomm, which pointed FCC toward spectrum now occupied by federal govt. users in 1.7 GHz band as ideal for 3G. Motorola urged Commission to alter auction process so that part of proceeds could be used to help pay for relocating incumbents. In move that may require legislative change, Motorola said that would avoid pitfall of current system “where the true costs of relocating incumbents only becomes known to successful bidders after the auction.” Several commenters stressed need for FCC to make more spectrum available on faster timeline than that laid out under several agency proposals.
FCC asked for comments by March 16 on Ariz. Corp. Commission (ACC) proposal to set service area for Smith Bagley mobile phone company that’s different from study areas of 3 rural telcos it overlaps. Changing service area definition can make it easier for wireless providers to gain designation as eligible telecom carriers (ETCs), which in turn makes them eligible for universal service support. ACC proposes to define Smith Bagley’s service area as that portion of its existing cellular contour that encompasses tribal lands in Ariz., which is area Smith Bagley plans to serve as local telco. FCC issued call for comments Thurs. in response to Smith Bagley petition for FCC’s consent (DA 01-409, CC Doc. 96-45).