Navajos Seek Enhanced FCC Subsidy Program Amid Outbreak

By Anne Cullen
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Law360 (April 2, 2020, 6:27 PM EDT) -- The Navajo Nation has pressed the Federal Communications Commission to increase its support for a subsidy program that offers discounts on phone and broadband service to low-income consumers, arguing its citizens need more data access amid the COVID-19 pandemic.

In a letter to the agency that was posted Wednesday, the 17 million-acre tribal nation called on the FCC to up funding for Lifeline providers and relax a few rules within the Reagan-era subsidy initiative to ensure tribal citizens can stay connected amid the outbreak of the novel coronavirus.

The Navajo Nation, which says tens of thousands of its roughly 350,000 residents participate in the Lifeline program, reported 214 confirmed cases of COVID-19 yesterday as well as seven deaths from the disease. The community has taken the same emergency steps that governors have enacted across the country, including closing schools, government offices and nonessential businesses, and issuing a shelter-in-place directive and curfew.

Students now trying to learn from online applications need more data to help them keep up with their studies, the Navajo Nation wrote in the letter, and said increased support for Lifeline providers will expand the data available.

"Until the crisis passes, please increase the amount of Lifeline support available to carriers serving tribal lands," the nation said. "This will enable them to provide significantly more data to our citizens during this difficult time."

The nation also requested the agency waive any rules that would require its citizens to travel to a store to either pay a bill or present documents for verification. "For many of our citizens who operate solely with cash, this is a critical element in reducing community transmission," the nation said.

In addition, the nation asked that the Lifeline program's one-per-household rule be suspended. While only one Lifeline discount for either phone service or internet service is allowed per household, the Navajo Nation said putting that rule on pause would "ensure that our low-income citizens have the capability to communicate with health care providers, educational institutions, and the outside world generally."

The FCC has already suspended a few Lifeline requirements, as it said Monday it was waiving provider requirements that could've culled subscribers from the program roster.

Lifeline providers are required to regularly evaluate the subscriber roster to cut duplicate, unused and ineligible accounts. Any subscriber that a carrier believes is no longer eligible must be dropped; however, the agency said in Monday's directive that it has temporarily waived those requirements "to ensure that no current Lifeline subscriber loses service during this unprecedented, nationwide public health crisis."

Also on Monday, the agency granted a request by a New Mexico tribe to make use of unassigned spectrum in the 2.5 GHz band to handle the traffic spikes caused by the pandemic and said other tribes are welcome to apply for similar emergency relief. 

A spokesperson for the agency did not respond to a request for comment on Wednesday's letter.

--Additional reporting by Kelcee Griffis. Editing by Bruce Goldman.

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