FCC Seeks Comments on Opening 12.7 GHz Band for 5G, Other Uses

WASHINGTON, September 23, 2022 –Senate Indian Affairs Committee Chairman Brian Schatz on Wednesday urged the Federal Communications Commission to consult more regularly with Tribal leaders on the spectrum-licensing processes.

“Some of [the problems voiced native panelists at the roundtable] could simply be avoided by better, more aggressive, more continuous, more humble consultation, and you’re going to save yourselves a ton of headache,” said Schatz, a Hawaii Democrat. “I’m wondering if you need to get a little better about talking to and listening to native communities at every step in the process.”

“Chairman, I think you put that extremely well,” responded Umair Javed, chief council for the office of FCC Chairwoman Jessica Rosenworcel.

Tyler Iokepa Gomes, deputy to the chairman of the Department of Hawaiian Home Lands, told the committee of difficulties faced by native Hawaiians in obtaining spectrum licenses. Since the DHHL is a state entity, not a Tribal government, Gomes said, it was forced to compete against two local, native communities in a waiver process. Gomes said that his agency’s competition with the other waiver applicants caused considerable friction in Hawaii’s native community at large.

Low digital literacy is also a problem for some native communities attempted to secure spectrum licenses. “When it comes to technology, a lot of people seem to be scared of it,” said Keith Modglin, director of information technology for the Mille Lacs Band of Ojibwe, a federally-recognized Indian Tribe.

Modglin argued that education initiatives to raise digital literacy and explain the intra- and intercommunity benefits of spectrum would benefit his band greatly.

The land of the Mille Lacs Band is a “checkerboard,” meaning that Tribal lands are interspersed with non-tribal lands, said Melanie Benjamin, the tribe’s chief executive officer. According to Benjamin, navigating government’s failure to account for this status caused substantial delays for her tribe.

In addition to improving communication, Schatz called on the FCC to take affirmative actions to ease regulatory burdens on small tribes. “There are some really under resourced native communities, and it shouldn’t be a labyrinth to figure out what they’re eligible for,” he said. “Try to figure out some one-stop shop, some simple way to access the resources that they are eligible for under current law.”

Javed acknowledged a need for the FCC improve its communication with native communities, but he said the FCC is making strides in other areas. “While spectrum is one piece of that puzzle, I think we are making a lot of progress in some of our programs like the Affordable Connectivity Program, updates to the E-Rate program, some of our mapping efforts as well,” he said.



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