FCC ANNOUNCES TENTATIVE AGENDA FOR MARCH 3RD OPEN MEETING

NEWS Federal Communications Commission
445 12th Street, S.W.
Washington, D. C. 20554
This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action.
See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT:
February 10, 2011 Robert Kenny: 202-418-0506
Email: Robert.Kenny@fcc.gov

FCC ANNOUNCES TENTATIVE AGENDA FOR MARCH 3RD OPEN MEETING

Washington, D.C. — Today, Federal Communications Commission Chairman Julius Genachowski announced that the following items will be on the tentative agenda for the next open meeting scheduled for Thursday, March 3, 2011. The meeting will be in two parts, the first dedicated to communications issues affecting Native Nations, and the second to other Commission business:

  • Native Nations Spectrum NPRM: A Notice of Proposed Rulemaking to explore a range of recommendations to help close the wireless gap on Tribal Lands.
  • Tribal and Rural Radio Orders and FNPRM: Orders revising rules or establishing waiver standards that will make it easier for Native Nations to provide radio service to areas that are the functional equivalent of Tribal Lands and to Tribal Lands that are small or irregularly shaped. A further notice invites additional comment on adopting a Tribal Bidding Credit and alternative ways to foster radio service by Native Nations on their lands. Also, an order adjusting policies for determining whether proposed new radio stations or station moves constitute an equitable distribution of radio service under Section 307(b) of the Communications Act.
  • Omnibus NOI on Improving Communications Services for Native Nations: A Notice of Inquiry that explores ways to overcome the barriers to deployment of communications services to Native Nations communities, and to improve consultation and coordination with Native Nations.
  • NPRM to Streamline and Clarify the Commission’s Rules Governing Retransmission Consent: A Notice of Proposed Rulemaking that seeks comment on changes to rules governing or affecting retransmission consent negotiations between broadcasters and multichannel video
    programming distributors.
  • Lifeline/Link Up Reform and Modernization NPRM: A Notice of Proposed Rulemaking proposing to reform the Universal Service Fund’s Lifeline and Link Up programs to eliminate waste, fraud, and abuse; improve program administration, accountability, and fiscal responsibility; and modernize the program in light of market and technology changes, including to support pilot programs for broadband adoption.
  • Advanced Communications Services NPRM: A Notice of Proposed Rulemaking that seeks comment on rules implementing provisions of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). The NPRM proposes rules requiring providers of advanced communications services and manufacturers of equipment used for those services to make their products accessible to people with disabilities.
  • Video Description NPRM: Also implementing the CVAA, this Notice of Proposed Rulemaking proposes to reinstate the video description rules adopted by the Commission in 2000, as directed by Congress.

 

Topics selected for FCC open meeting agendas are posted on the Commission’s website approximately three weeks prior to the Commission’s next monthly meeting. The FCC will also issue a public notice of the “Commission Meeting Agenda” one week before the meeting and announce at that time the items that are scheduled for the agenda.

Commission meetings are open to the public, who can attend in person at the FCC headquarters (445 12th Street SW, Washington, D.C.), or watch the live stream at www.fcc.gov/live.
–FCC–
For more news and Information about the FCC go to: www.fcc.gov

A Short Overview of Native American Telecommunications Issues

My New Blog Post for NAMAC

HISTORY

Tribal lands are among the worst served communities in terms of telecommunications in the United States. According to a 2006 GAO report, only about 69% of households on tribal lands had telephone service in 2000.1 This is in comparison with the national rate of 98%. The report identifies four specific barriers to deployment, 1) the rural, rugged terrain of tribal lands; 2) limited tribal resources; 3) lack of technically trained tribal people; and, 4) rights of way issues. The statistical reality of this means that up to 35% of tribal members and nearly 50% of Navajo’s lack access to basic 911 services.2 Broadband deployment in Indian Country is at less than a 10 percent penetration rate and is due to the same barriers reported with analog telephone.3 The bottom line is that Native Americans have been largely ignored by federal telecommunications policy and underserved by telecom providers.

TRIBAL SOVEREIGNTY AND NATION-BUILDING ARE CRITICAL CONSIDERATIONS

Tribes have a different legal status than other minority groups; the United States has a legal and political relationship with tribes.  Tribal Sovereignty is a philosophical term that is legally constructed and came about through the treaty relationship, is limited via legislation and court decisions, and applied through the actions of Native nation building and self-determination.

At the most basic levels, tribal sovereignty includes the inherent political powers of Native nations to self- govern with each of the 565 federally recognized tribal nations recognized as a distinct political entity.  In political reality, Congress, court rulings and treaties have limited tribal sovereignty.

It is important to understand that tribes were not given sovereignty rather sovereignty of tribes was and is inherent and is legally recognized initially in the U.S. Constitution and later through treaties and court cases. The FCC recognizes tribal sovereignty as is evidenced by their Statement of Policy on Establishing a Government-to-Government Relationship with Tribes 4 and the recent establishment of the Office of Tribal Affairs and Policy.

Any changes in telecommunications access, infrastructure and deployment must take into consideration tribal sovereignty as Tribes actively assert sovereignty as a part of their continued nation building in creating sustainable economic development, education, public safety and other vital community systems.  Tribal lands are characterized by economic conditions and critical infrastructures have not historically been deployed, or grown through market competition, as they have elsewhere in the nation.   Critical infrastructure does not come to Tribal lands without significant federal involvement, investment, and regulatory oversight. Rugged, rural terrain, poverty and historic periods of failed federal policies towards Native peoples and their lands have created a modern atmosphere that requires special economic regulatory creativity.

When the Tribe itself is engaged via tribal centric nation building practices, and its institutions and families are central to the planning, the chance of success is increased.  When tribes are at the center of the planning and implementing process on Tribal lands, this contributes to achieving successful and enduring solutions to the deplorable and long-standing lack of communications technologies in Tribal communities nationwide.

TRIBAL TELECOMMUNICATIONS5

The importance of telecommunications is critical worldwide, but in Indian Country there is a gap to be met.  Often described as the Digital Divide, this gap is real and affects the daily lives of millions of Native peoples in the United States.  There are a number of organizations working tirelessly on the variety of issues included in tribal telecommunications, including the National Congress of American Indians (NCAI), Native Public Media (NPM), and the FCC’s Office of Native Affairs and Policy.

Next month, there will be an historic meeting of these organizations hosted by the FCC and the outcomes will be discussed in next month’s blog.  Meanwhile, below are some of the identified issues to be discussed at the meeting.

•    Broadband is the basis and future of economic development, health, public safety, housing, energy, and educational models for the future in Indian Country;
•    The Internet is now classified as a utility and the common carriage for all media platforms;
•    This new digital ecology necessitates Native inclusion;
•    Currently there is an opportunity for Tribes to have a voice at the policy-making table in regards to Broadband development;
•    Broadband is a critical infrastructure for nation building in Indian country;
•    Tribally centric deployment models are most successful in Indian country, not individual residential service models.

Stay Tuned!

1GAO-06-513T: Joe Garcia NCAI Testimony before the Committee on Commerce, Science, and Transportation, U.S. Senate: Telecommunications: challenges to Assessing and Improving Telecommunications for Native Americans on Tribal Lands.

2Comments of NTTA in the Matter of the Connect America Fund, A National Broadband Plan for our Future, High-Cost Universal Service Support.

3New Media, Technology, and Internet Use in Indian Country: A Quantitative and Qualitative Study. Traci L. Morris and Sascha D. Meinrath Authors. Published by Native Public Media. 2009.

4FCC: Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, June 8, 2000.

5Native Public Media

President Obama Details Plan to Win the Future through Expanded Wireless Access

The White House
Office of the Press Secretary
For Immediate Release
February 10, 2011

President Obama Details Plan to Win the Future through Expanded Wireless Access

Initiative expands wireless coverage to 98% of Americans, reduces deficit by nearly $10 billion, invests in nationwide public safety network

WASHINGTON—President Barack Obama will today detail his plan to win the future by catalyzing the buildout of high-speed wireless services that will enable businesses to grow faster, students to learn more, and public safety officials to access state-of-the-art, secure, nationwide, and interoperable mobile communications.

In his State of the Union address, President Obama called for a National Wireless Initiative to make available high-speed wireless services to at least 98 percent of Americans. The Wireless Innovation and Infrastructure Initiative laid out today will make it possible for businesses to achieve that goal, while freeing up spectrum through incentive auctions, spurring innovation, and creating a nationwide, interoperable wireless network for public safety.  It will also reduce the national deficit by approximately $10 billion.

The President will announce the new initiative at Northern Michigan University in Marquette, Michigan, a city where local businesses have been able to grow as a result of broadband access, with particular benefit in exporting goods to new markets around the world.  He will also see a demonstration of how the university’s WiMAX network has enabled distance learning for university and community students.

For more details on the President’s Wireless Innovation and Infrastructure Initiative, please see the fact sheet below:

The White House
FACT SHEET: President Obama’s Plan to Win the Future through the Wireless Innovation and Infrastructure Initiative

In his State of the Union address, President Obama set the goal of enabling businesses to provide high-speed wireless services to at least 98 percent of all Americans within five years.  The rollout of the next generation of high-speed wireless—the “4G” technology now being deployed in the United States by leading carriers—promises considerable benefits to our economy and society.  More than 10 times faster than current high speed wireless services, this technology promises to benefit all Americans, bolster public safety, and spur innovation in wireless services, equipment, and applications.  By catalyzing private investment and innovation and reducing the deficit by $9.6 billion, this initiative will help the United States win the future and compete in the 21st century economy.

•    Nearly Double Wireless Spectrum Available for Mobile Broadband: The President has set the goal of freeing up 500 MHz of spectrum for everything from smartphones to wireless broadband connectivity for laptops to new forms of machine-to-machine communication within a decade.  Critical to realizing this goal are “voluntary incentive auctions” and more efficient use of government spectrum, estimated to raise $27.8 billion over the next decade.

•    Provide At Least 98% of Americans with Access to 4G High-Speed Wireless: Private investments are extending 4G to most of the Nation, but leaving some rural areas behind.  The President’s initiative would support a one-time investment of $5 billion and reform of the “Universal Service Fund” to ensure millions more Americans will be able to use this technology.

•    Catalyze Innovation Through a Wireless Innovation (WIN): To spur innovation, $3 billion of the spectrum proceeds will go to research and development of emerging wireless technologies and applications.

•    Develop and Deploy a Nationwide, Interoperable Wireless Network for Public Safety: The President’s Budget calls for a $10.7 billion commitment to support the development and deployment of a nationwide wireless broadband network to afford public safety agencies with far greater levels of effectiveness and interoperability.  An important element of this plan is the reallocation of the D Block for public safety and $500 million within the WIN Fund.

•    Cut the Deficit By $9.6 Billion Over the Next Decade: Nearly $10 billion of spectrum auction revenue will be devoted to deficit reduction.
Details of the President’s Initiative

•    Nearly Double Wireless Spectrum Available for Mobile Broadband.  The number of “Smartphones” will soon pass both conventional mobile phones and computers around the world, promising lower costs for such devices, more functionality, and greater demand for bandwidth (speed).  4G deployment is rising to meet this demand, but it relies on access to the “airwaves” that is currently constrained by a spectrum crunch that will hinder future innovation.

To address this challenge, the President’s initiative has set the goal of freeing up 500 MHz of spectrum.  Specifically, the plan provides:

o    Win-win incentives for government holders.  New financial-compensation tools and a commitment to using advanced technologies more effectively will enable government agencies to use spectrum more efficiently.

o    Win-win incentives for commercial holders.  As recommended in the FCC’s National Broadband Plan, legislation is needed to allow the FCC to conduct “voluntary incentive auctions” that enable current spectrum holders to realize a portion of auction revenues if they choose to participate.

•    The majority of the freed up spectrum would be auctioned for licensed mobile broadband, raising a projected $27.8 billion over the next decade, and a remainder would be for unlicensed use.

•    A Goal of 98% of Americans with Access to 4G High-Speed Wireless. America’s businesses are building out 4G networks to much of the nation, with some major companies crediting the President’s recent tax incentives for accelerating their efforts. Nevertheless, absent additional government investment, millions of Americans will not be able to participate in the 4G revolution.  To that end, the President’s Budget supports the 4G buildout in rural areas through a one-time $5 billion investment.  This investment, to be managed by the FCC, will help catalyze universal service reform to provide access to higher-speed wireless and wired broadband, dovetail with the need for public safety to have a wireless network available in rural areas, and extend access from the almost 95% of Americans who have 3G wireless services today to at least 98% of all Americans gaining access to state-of-the-art 4G high-speed wireless services within five years.  Extending access to high-speed wireless not only provides a valuable service to Americans living in those areas—access to medical tests, online courses, and applications that have not yet been invented—but also catalyzes economic growth by enabling consumers and businesses living in those areas to participate in the 21st century economy.

•    A Wireless Innovation (WIN) Fund to Help Drive Innovation. This $3 billion fund will advance our economic growth and competitiveness goals, supporting key technological developments that will enable and take advantage of the 4G rollout and pave the way for new technologies.  The WIN Fund will support basic research, experimentation and testbeds, and applied development in a number of areas, including public safety, education, energy, health, transportation, and economic development.

•    Develop and Deploy A Nationwide, Interoperable Wireless Network For Public Safety. The 9/11 Commission noted that our homeland security is vulnerable, in part, due to the lack of interoperable wireless communication among first responders.  The rollout of 4G high speed wireless services provides a unique opportunity to deploy such a system in conjunction with the commercial infrastructure already being developed and deployed.  To seize that opportunity, President Obama is calling for an investment of $10.7 billion to ensure that our public safety benefits from these new technologies: $3.2 billion to reallocate the “D Block” (which is a band of spectrum that would be reserved and prioritized for public safety and not auctioned as called for under existing law); $7 billion to support the deployment of this network; and $500 million from the WIN Fund for R&D and technological development to tailor the network to meet public safety requirements.  This investment, in coordination with the investment in rural buildout, will ensure that the rollout of 4G in rural areas serves the needs of public safety and the broader community.

•    Cut the deficit by $9.6 billion over the next decade. The President’s proposals to auction off spectrum freed up from the government and voluntarily relinquished by current commercial users, is estimated to raise $27.8 billion. This total is above-and-beyond the auction proceeds that are used to provide an incentive for private and government users as well as the auction proceeds that are expected even absent the President’s proposal. After the cost of the investments proposed by the President, the initiative would reduce the deficit by $9.6 billion over the next decade.

Building on Progress
The Administration has already made progress on its decade-long spectrum goal and on expanding broadband access.

•    A 115 MHz downpayment on the President’s 500 MHz goal. Last June, President Obama issued a Memorandum calling for action by the Federal government and Congress to enable large swaths of spectrum to be used more efficiently.  The NTIA has already taken steps to make good on that commitment.  In particular, the agency has identified 115 Megahertz of Federal spectrum that can be freed up as part of a “fast track” process for exclusive or shared use, selected another 95 MHz of valuable spectrum for immediate evaluation, and has a workplan for evaluating other Federal spectrum bands that can be used more efficiently.

•    Recovery Act investments by the Commerce and Agriculture Departments have boosted deployment and adoption of broadband technology.  The Recovery Act provided around $7 billion to expand broadband access and adoption, with more than $2.5 billion going to the Rural Utility Service at Agriculture for rural areas and $4.4 billion going to National Telecommunications and Information Administration at Commerce to support a number of broadband initiatives.  In particular, NTIA provided around $400 million in grants to jurisdictions using wireless broadband for public safety.

Native Nations Day at the FCC

On Thursday, March 3, 2011, in conjunction with the National Congress of American Indians Executive Council Winter Session, the Federal Communications Commission (FCC) will host “Native Nations Day” at the FCC headquarters in Washington, D.C. This day’s events will focus directly on the issues of Tribal Nations and Native Communities. The all-day event will consist of two parts. The first is an open Commission meeting in the morning at which the five FCC Commissioners will meet to consider and vote on proceedings relating to the provision of communications services in Indian Country, including a number of issues related to the deployment of broadband, broadcast, wireless and satellite services for tribal communities. One of these items will be a Notice of Inquiry (NOI) being developed by the FCC’s Office of Native Affairs and Policy. The NOI is intended to get input from tribal leaders on a broad range of telecommunications issues. The second part of Native Nations Day, held in the afternoon, will be a listening session at which tribal leaders have the opportunity to share information and views on communications topics with FCC senior staff and invited Commissioners.

What: Native Nations Day at the FCC
Date: Thursday March 3, 2011 Time: 9:45 am (9:15 early arrival for security purposes)
Where: FCC Headquarter, 445 12th Street SW Washington DC 20554
FCC Contact: Dan Rumelt, FCC Office of Native Affairs and Policy, 202-418-7512 or Dan.Rumelt@fcc.gov

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