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‘Extraordinary Measures’

Tribal Bidding Credit Program Broken, Native American Group Tells FCC

The FCC needs to take “extraordinary measures” to address the need for deployment and use of spectrum on tribal lands, the National Tribal Telecommunications Association (NTTA) said in comments on an NPRM on that topic, released by the FCC in March. The NTTA was the only tribal group to file comments before last week’s deadline. Only eight commenters filed last week in docket 11-40.

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The commission’s tribal bidding credit program, instituted in 2000 and modified in 2004, has proven to be a “total and abject failure for Tribal communities,” NTTA said. The FCC should reclaim licenses for either the entire service area or the Tribal service where licenses were purchased using credits but no build out took place. It should also consider fines for licensees recovering the discounts received, the group said. NTTA also called on the FCC to remake the program, in part to allow tribal groups to more readily buy spectrum licenses.

"It is apparent Tribes have not been afforded a ‘fair, efficient, and equitable distribution’ of broadband service with regard to Tribal lands,” NTTA said. “It would not take much of a leap for the Commission to prioritize distribution of broadband resources, or future wireless licenses, to Native American and Alaska Tribal Groups ’seeking to promote self sufficiency and economic development, as well as providing adequate access to Communications Services.'"

Verizon Wireless agreed with CTIA that the best approach to getting more wireless service on tribal lands is offering incentives for build out (CD May 23 p7). FCC proposals to “mandate good faith negotiations and require a licensee to build or divest spectrum … are premature, present numerous problems, and should be deferred for any further consideration until after the Commission’s other proposals are implemented and are proven to be insufficient to promote the goals of this proceeding,” the carrier said.

The Blooston Group of rural carriers said build out on Indian lands presents the same challenges for small carriers as build out in other parts of rural America. “One-time support from the proposed Mobility Fund will be insufficient to make any meaningful impact on rural network deployment, much less deployment of service on Tribal lands,” the group said. “The Blooston Rural Carriers respectfully submit that the presence of a healthy and robust rural telephone industry will do far more to promote the rapid buildout and long-term sustainability of wireless services in unserved and underserved Tribal areas than a modest, one-time infusion of cash."

"The development of rules for re-licensing unused spectrum, and encouraging use of secondary market mechanisms to facilitate deployment of services to unserved or underserved areas are likely to hasten the deployment of wireless voice and broadband services to Tribal areas,” NTCA said in its comments. The FCC should consider applying its proposals “to ensure the deployment of wireless services in all rural unserved and underserved areas,” the group said.