The FCC’s final order on letter of credit (LOC) rules for providers receiving high-cost USF support saw one major change from the draft version. Commissioners approved the order 5-0, with language added at the request of Commissioner Anna Gomez (see 2412110050), addressing tribal issues. The final version notes that “making wholesale changes to our rules in the middle of an ongoing program would be unnecessary and could create confusion for support recipients,” the same as the draft. But the final version added a sentence: “Given the difficulties some Tribal carriers have collateralizing assets to support a LOC, however, we will consider waiving the relevant LOC requirements on an individual basis consistent with the Commission’s waiver standard, and we do not foreclose examining in future support programs whether Tribal carriers should be permitted to rely on alternatives to LOCs.” The FCC on Friday posted the final version of the LOC changes. It includes a statement by Chairwoman Jessica Rosenworcel. The agency also posted the final version of an order that expands the parts of the 6 GHz band where new very-low-power (VLP) devices are permitted to operate without coordination. That order was also approved 5-0 with no changes of note (see 2412110040). Only Rosenworcel and Commissioner Geoffrey Starks issued written statements. That order was also posted on Friday.
FCC commissioners unanimously approved an order Wednesday amending the commission's letter of credit (LOC) rules for providers receiving high-cost USF support, moving away from reliance on the Weiss rating system. The order affects participants in the Connect America Fund Phase II and Rural Digital Opportunity Fund programs and those receiving support for Puerto Rico and U.S. Virgin Islands. The order saw tweaks at the request of Commissioner Anna Gomez, officials said.
Supporters of opening the lower 12 GHz band for fixed wireless use remain hopeful about a favorable FCC decision. That's despite the opposition from SpaceX and the major role its CEO, Elon Musk, is now playing ahead of the start of the second Trump presidency. FCC Commissioner Brendan Carr, President-elect Donald Trump's choice to lead the agency, has said repeatedly he will follow the guidance of FCC engineers about the band's future (see 2207140053).
Smith Bagley Inc. (SBI) asked the FCC for prompt action on a petition it filed in September seeking a waiver of revised FCC rules for the Lifeline program. “Several weeks ago, FCC staff advised SBI that it should begin tracking its contract customers and disconnecting service for those not using their devices,” said a filing this week in docket 11-42. “In SBI’s view, disconnecting Tribal citizens living in the most difficult of circumstances is a remedy of last resort,” the carrier said: “Accordingly, while we are following staff’s advice to track our customers and identifying those that do not use their devices within the prescribed period, we are not disconnecting them.” SBI noted that for more than 15 years, thousands of its Tribal Lifeline customers have signed one-year contracts for mobile voice and data service, paying the entirety of the customer’s portion up front. “These households, among the most in need of the federal Lifeline benefit, have relied on this contractual arrangement to receive service,” SBI said.
EchoStar, RS Access and Go Long Wireless reached an agreement with the Navajo Nation that allows it to use as much as 100 MHz of the 12.2 GHz band for wireless if the FCC approves fixed wireless use of the spectrum. The agreement was filed Monday at the FCC in docket 20-443. The companies hold nearly 90% of multichannel video distribution and data service licenses nationwide “and they stand ready to extend the agreement provided herein on the same terms to any Tribal entity,” the filing said. “This approach would help close the longstanding digital divide for hard-to-reach Tribal lands, while simultaneously respecting tribal sovereignty and self-determination.” The agreement is "a direct spectrum assignment to participating Tribal entities, empowering them to deploy the spectrum as they see fit,” the companies said.
Federal permitting problems could become notable impediments to BEAD deployment projects, Lukas Piertzak, NTIA senior broadband policy adviser, acknowledged Wednesday. Yet Piertzak also said a clawback of BEAD funding next year seems unlikely. BEAD, as well as NTIA's tribal connectivity and middle-mile programs, are perhaps insulated because of their bipartisan support not just from federal lawmakers but also governors and local officials, he added. Piertzak spoke during a panel discussion in T-Mobile's Washington office organized by ALLvanza, Multicultural Media, Telecom and Internet Council, LGBT Tech, and OCA – Asian Pacific American Advocates.
EchoStar representatives met with an aide to Chairwoman Jessica Rosenworcel to criticize a recent SpaceX study warning of interference from fixed-wireless operations in the lower 12 GHz band (see 2409040035). “SpaceX’s study was designed to fail, because it employs unrealistic assumptions, and assumes interference scenarios that bear no resemblance to real-world fixed 5G deployments,” said a filing posted Wednesday in docket 20-443. “The Commission should move forward to authorize a higher-power fixed service in the band, which will unlock the substantial benefits of this valuable mid-band spectrum for millions of Americans, including those in Tribal communities,” EchoStar said.
NTIA awarded more than $72 million to the Department of Hawaiian Home Lands Tuesday through the tribal broadband connectivity program. Funds will support middle mile fiber optic line deployment and wireless telecom tower management across Hawaiian lands and construction of community digital innovation centers. "This award will ensure that Native Hawaiians have the internet connections they need to take advantage of digital opportunities for work, education, health care, and other essential services," said Commerce Secretary Gina Raimondo.
California Public Utilities Commission members Thursday supported regulating interconnected VoIP. Commissioners at the livestreamed meeting backed the controversial order as part of a unanimous vote on a consent agenda. Also at the meeting, the CPUC waived penalties for Verizon related to migrating Tracfone customers and approved nearly $160 million in last-mile broadband grants from the agency’s federal funding account and $50 million from the broadband loan loss reserve program.
Industry groups repeated in reply comments their earlier arguments that addressing tribal issues shouldn’t slow the awarding of funds through the $9 billion 5G Fund that FCC commissioners approved in August (see 2410180036). Replies were posted on Monday in docket 20-32. Commissioner Brendan Carr dissented on the 5G Fund item, which included a Further NPRM on tribal issues (see 2408290022). Tribes and their associations have stressed the importance of collaboration with tribal governments (see 2410170045). The record shows “that any 5G Fund Tribal consent requirements need to account for the time and uncertainties involved in obtaining Tribal consent,” CTIA said. The commission “should also consider whether Tribal entities’ consent may be presumed after a certain period of good-faith efforts by the 5G Fund applicant,” the group said: “In no event, … should a winning bidder be placed in default or otherwise subject to penalties if the winning bidder demonstrates good-faith efforts to obtain consent in accordance with the rules.” The Rural Wireless Association said the rules should mirror the tribal land bidding credit framework used in other FCC programs. “Obtaining Tribal consent during the long-form application process can be unduly burdensome,” RWA said: “It is also unnecessary for the Tribal consent to be obtained prior to the filing of the long-form application as such consent can still be obtained and provided to the FCC before funding is received."