Today, the Federal Communications Commission voted to approve a Report and Order and Second Report and Order to carry out Congress’ directive to auction spectrum licenses previously returned to the FCC, and to use the auction revenue to compensate rural carriers for removing Chinese components from their networks (“Rip and Replace”).
Unfortunately, the FCC rejected the proposal to allow Tribal nations to apply separately for licenses covering Tribal lands, a “Tribal Licensing Window,” on the grounds that because Congress intended this auction expressly to raise money to pay for money expressly appropriated to fund Rip and Replace, and Congress required the FCC to hold the auction quickly, that it would not adopt a TLW which could delay the auction or reduce auction revenue. This decision marks a missed opportunity to respect Tribal sovereignty over their spectrum resources. It also comes at the cost of the much-needed spectrum Tribes could use to provide broadband access to their communities.
The following can be attributed to Nat Purser, Government Affairs Policy Advocate at Public Knowledge:
“We are disappointed that the FCC has chosen not to include a Tribal Priority Window in the upcoming AWS-3 auction, despite clear and repeated calls from Tribal nations and advocates. A window modeled on the successful approach that former FCC Chairman Ajit Pai took in the 2.5 GHz band would have been a concrete step toward improving broadband on Tribal lands, which studies show remain the least connected communities in America.
“This decision does not close the door. The FCC stated that the specific circumstances of this auction were dispositive, and explicitly declined to rule out Tribal windows in future auctions. As we look ahead to future proceedings, we will continue to advocate for mechanisms that ensure Tribal nations have the opportunity to access and manage spectrum on their lands.
“We recognize the constraints surrounding this specific auction — particularly, the statutory deadline and that its revenue target is tied to national security imperatives — but we believe the Commission must continue to seek avenues to recognize Tribal sovereignty and promote equitable access to spectrum. This is not just about connecting the least connected communities in America ; it is about justice and legal obligation. Spectrum access is a core natural resource over which Tribal nations have sovereign rights, and FCC policy must reflect that.
“We urge the Commission to work with Tribal leaders to ensure that future auctions are structured in ways that respect Tribal sovereignty and expand meaningful access to this critical Tribal resource.”
Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at shiva@publicknowledge.org or 405-249-9435.