Skyway Towers said tribal review of tower projects continues to slow deployment, as it expects commissioners to vote on related issues as soon as next month (see 1808300028). Skyway thanked the FCC for the work it has done in cutting regulatory red tape, but said a March order is slowing some projects. The order cuts red tape for tribal reviews of projects off tribal lands and makes clear applicants “have no legal obligation to pay upfront fees” when seeking tribal comment on proposed deployments (see 1803220027). “Other industries,” from fast food chains to gas stations, can build outlets “without being required to have those proposed sites reviewed by the tribal nations,” Skyway said. “By contrast, our industry must submit the very same locations for analysis by the tribes,” the tower company said in a filing posted Thursday in docket 17-79. “Recent actions by the Commission attempting to remedy the problem have actually slowed deployment.” Skyway said since the March order, some tribes disbanded offices they once had to review sites and “off-loaded the burden of those reviews to the Commission staff.” The FCC and groups representing the tribes didn’t comment. “WIA strongly supported the FCC’s efforts to lower barriers to wireless infrastructure deployment in its March order by addressing a number of outdated and unreasonably burdensome tribal review processes,” said Wireless Infrastructure Association President Jonathan Adelstein in response. “Moving forward, we remain confident that the commission is implementing the new process effectively to encourage investment and deployment of wireless infrastructure.”

The Senate Judiciary Committee should “expeditiously” consider the final two nominations to the Privacy and Civil Liberties Oversight Board, 31 groups wrote committee leadership Wednesday. The Center for Democracy and Technology, Electronic Frontier Foundation, Electronic Privacy Information Center, New America’s Open Technology Institute, Public Knowledge, R Street Institute and TechFreedom signed. University of Virginia law professor Aditya Bamzai and former FCC Enforcement Bureau Chief Travis LeBlanc are expected to round out the five-member board, which currently has one sitting member. The committee in February advanced to the floor President Donald Trump’s nominee to chair the board, Adam Klein, former law clerk to late Supreme Court Justice Antonin Scalia (see 1803290050). The committee in June advanced two other nominees: former White House Deputy Chief Technologist Edward Felten and Jane Nitze, former clerk to Supreme Court Justice Sonia Sotomayor (see 1806210043). The full Senate hasn't acted on those nominations.

Commissioners adopted the FCC FY 2018 regulatory fee schedule and rejected direct broadcast satellite arguments against hiking the DBS regulatory fee, said an order released Wednesday. The fee assessment will collect $322 million, the agency said. It rejected DBS arguments against the rate hike (see 1806220017) in the past and was doing so again for the same reasons. It said starting with FY 2019, it will assess full-power TV fees based on population covered by the station's contour instead of designated market areas, and will use the TVStudy database for that. The agency is amending rules on collection of delinquent debts so it no longer can assess its administrative costs for collecting delinquent regulatory and application fee debt, effective Oct. 1.

Marriott International agreed to pay a $504,000 fine for violating FCC rules on wireless license transfers, the Enforcement Bureau said. EB investigated transfer of licenses to Marriott from Starwood Hotels and Resorts Worldwide, said a consent decree Tuesday. Marriott voluntarily disclosed what happened and sought FCC approval after the fact for 63 transfers of control of 65 non-common carrier licenses and authorizations, the bureau said. “As admitted in the application filings, Starwood ‘did not timely file applications seeking prior Commission consent due to an administrative oversight that occurred during a larger transaction involving both U.S. and substantial non-U.S. assets’ before completion of the 2016 acquisition of Starwood by Marriott,” the bureau said. “Marriott admits that it failed to obtain the Commission’s approval prior to the transfer from Starwood, will implement a compliance plan” and pay the fine, the bureau said. Marriott didn’t comment.

Leslie Martinkovics, the 2017 U.S. ITU Association chairman, is now a board member, and chair is Amy Alvarez (see 1808240011) ... Besides .web and .gay, Donuts has four other new top-level domains in contention: .hotel, .spa, .cap and .music (see 1808270001).

Initial comments are due Oct. 28, replies Nov. 27, in docket 18-122 on the FCC’s C-band NPRM. Commissioners approved the item 4-0 in July (see 1807120037). “The Commission seeks comment on various proposals for transitioning all or part of the band for flexible use, terrestrial mobile spectrum, with clearing for flexible use beginning at 3.7 GHz and moving higher up in the band as more spectrum is cleared,” says a notice for Wednesday's Federal Register. “The Commission also seeks comment on potential changes to its rules to promote more efficient and intensive fixed use of the band on a shared basis starting in the top segment of the band and moving down the band.”

AMG Technology Investment Group, Wisper ISP, Rural Electric Cooperative Consortium and ViaSat will be big recipients in the Connect America Fund Phase II auction, receiving nine-figure support, showed results released Tuesday. The FCC said $1.49 billion will be allocated over the next 10 years to expand rural broadband connectivity to 713,716 unserved homes and small businesses in 45 states. Oklahoma (16 winning bidders), Minnesota (12) and Missouri (11) attracted the most attention, the FCC said. The agency said 53 percent of those unserved homes and small businesses will receive service of at least 100 Mbps download speed, and 19 percent will have 1 Gbps speeds, and 0.25 percent of locations will have speeds of less than 25 Mbps. The 103 providers that were winning bidders must build out 40 percent of the assigned homes and businesses in a state within three years of becoming authorized to receive support, increasing by 20 percent in each subsequent year until completed by the end of year six, the FCC said. Missouri is the biggest recipient of CAF II financial support under the bidding results at $254.8 million to connect 95,130 locations, followed by California at $149 million for 51,682 locations, it said. Missouri will have the most locations connected under the auction, followed by Oklahoma with 70,727. The winners will deliver connectivity "using far less universal service support than the price cap carriers that received model-based support are now doing in the areas they elected to serve," emailed American Cable Association Senior Vice President-Government Affairs Ross Lieberman. "That’s a win for consumers and for ensuring limited federal funds are used most efficiently." He said the auction, "while certainly requiring fine-tuning, establishes the paradigm for awarding by auction model-based support in price cap territories when it lapses in a few of years.” The 33 electric co-ops among the CAF II reverse auction winners were the first such ones to receive FCC funding as broadband service providers, the National Rural Electric Cooperative Association said. The 33 collectively are receiving $220 million over 10 years, it said. “We thank the FCC for allowing electric co-ops to participate," said NRECA CEO Jim Matheson. "We are committed to continuing the rural broadband conversation.”

The nationwide combined test of the emergency alert system and wireless emergency alert is scheduled for Sept. 20, the FCC Public Safety Bureau said in a reminder public notice Monday in docket 15-94. The test backup date is Oct. 3, the PN said. Monday was the deadline for all EAS test participants to register with the EAS reporting system and make their initial filings for the test. A second filing is due the day of the test, and a third Nov. 5, the PN said.

An FCC spokesperson countered Commissioner Jessica Rosenworcel’s criticism Friday of a Public Safety Bureau report on last year’s hurricane response system. Rosenworcel said it's “too little, too late” (see 1808240052). “Unlike Commissioner Rosenworcel, this FCC prioritizes action,” the spokesperson emailed. “We have made available over $130 million in universal service funding to help recovery efforts, granted more than 900 waivers and requests for Special Temporary Authority to help re-establish communications in hurricane-affected areas, expedited approval of an experimental license for Alphabet’s Project Loon to provide Internet access to residents, approved targeted and flexible E-Rate support to help restore connectivity of schools and libraries, granted temporary waivers of Lifeline’s recertification rules, and accelerated the post-incentive auction transition to support Puerto Rico and U.S. Virgin Island broadcasters.” After Harvey, Irma and Maria, Chairman Ajit Pai “quickly went to meet with first responders," the spokesperson said, to "find out what the FCC could do to help.”

Major internet players asked the U.S. Court of Appeals for the D.C. Circuit to overturn last year’s order repealing 2015 net neutrality rules. The Internet Association filed a brief joined by the Entertainment Software Association, Computer & Communications Industry Association and Writers Guild of America West. The IA-led filing said the FCC was wrong that bright line rules aren’t needed. “The broadband marketplace cannot effectively discipline ISP gatekeepers because a lack of competition and high switching costs prevent even fully-informed consumers from responding to unwanted ISP practices,” they said. “General consumer protection laws provide no clear protection against non-neutral ISP practices so long as they are disclosed, and antitrust laws were neither intended nor designed to address the net neutrality harms at issue here.” The FCC didn’t correctly assess costs of overturning the rules and professed lack of jurisdiction, IA said. “The Commission entirely disclaims authority it possesses under this Court’s precedent, while exceeding its authority under the only source of authority the Order recognized -- the now-repealed Section 257(c) of the Communications Act." The 2015 order wasn’t unprecedented, Consumers Union said. “It implemented the same policy the FCC had been pursuing for more than four decades, using the tool that was available to it -- a tool that the Commission had used before, from 1998-2005.” What was unprecedented was last year’s repeal, CU said. “For the first time since the 1960s, the FCC abandoned the principles of openness, nondiscrimination, and competition central to net neutrality. The resulting 2018 Order’s revision of history ignored nearly a decade of wireline broadband classification under Title II.” USTelecom President Jonathan Spalter slammed the IA pleading. “It’s ironic" the companies that "have become the internet’s most powerful gatekeepers are claiming to fight for a free and open internet that exempts them from the very rules for which they are advocating,” he said. He sought "legislation that provides uniform consumer protections that apply to all companies in the internet ecosystem, and will truly preserve and protect net neutrality principles for all.” Professors and former FCC Chief Technologists Scott Jordan and Jon Peha said it's the agency that didn’t keep up with how technology has evolved. The order “relies on technical assumptions that are no longer valid,” they said. “Consumers today turn almost entirely to providers other than their ISP for e-mail service, web page hosting, discussion forums, and countless other content and application services.” When broadband customers use Gmail, “no email is ‘stored on an Internet service provider's computers’ … so it is Google that provides the information service,” they said.