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Law360 (July 8, 2020, 4:15 PM EDT) -- Several advocacy groups have urged Congress to extend the application window for Native American tribes seeking to claim valuable spectrum licenses because the coronavirus pandemic has made it difficult for tribes to submit their requests.
The 16 organizations — which include public interest, rural, tribal, and consumer advocacy groups — asked the House Energy and Commerce Committee in a letter sent Tuesday to extend the FCC's six-month window for tribes to apply for free licenses for broadband wireless service in the 2.5 GHz band by an additional half a year, pushing the deadline from Aug. 3 to Feb. 1.
The letter claimed the "Rural Tribal Priority Window" was too short, citing "significant hurdles" caused by the coronavirus pandemic that put a stop to tribes' efforts to turn in their applications.
"The unprecedented impact of the global crisis on this particular proceeding warrants a deadline extension," the letter read.
The organizations claimed the lack of broadband access in tribal areas made it necessary to provide in-person application workshops to help those unfamiliar with the FCC and its processes. Nonprofits and state entities planned on hosting workshops in every tribal region, but the COVID-19 pandemic halted operations, and only three workshops ended up being held.
There were also problems with some of the applications already submitted, according to the letter, and the pandemic was making it difficult for tribes to have survey maps made of the areas they wanted licensed.
The letter also said quick decision-making by tribes regarding the applications was hard to achieve when many tribal staffers were furloughed, working from home, or had trouble connecting to the internet due to broadband issues, a problem the "Rural Tribal Priority Window" is trying to solve.
"Not granting an extension would significantly disservice an already extremely underserved group," the letter read.
According to the organizations, many tribes that have already submitted their applications would welcome the extension, as it would help them gather more information and locate partners to help build out their networks. The letter also claimed the extensions would not affect the timeline of the giveaway.
The FCC first opened the application window in February, following months of outreach to tribal leaders intended to increase participation in the initiative. The 2.5 GHz band that will be opened to the tribes used to be part of the Educational Broadband Service, which was reserved for institutions with an educational mission. However, many of the band licences have long been unassigned.
The FCC voted to remove the Educational Broadband Service designation from the 2.5 GHz band last year and wanted to give tribes the opportunity to get the band's licenses free, hoping to boost tribal communities' educational and technological development. Any licenses that remain unclaimed after the tribal priority filing window will be auctioned off.
The House Energy & Commerce Committee confirmed it received the letter. It also noted that a bill that passed earlier this month, the Moving Forward Act, included an amendment that moved to expand the application window by 180 days.
The FCC did not immediately respond to requests for comment Wednesday.
--Additional reporting by Kelcee Griffis. Editing by Peter Rozovsky.
Update: This article has been updated with comment from the House Energy and Commerce Committee.
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