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Law360 (April 20, 2020, 4:43 PM EDT) -- The FCC has agreed to let the Navajo Nation use unassigned spectrum in the 2.5 gigahertz band for two months so the tribe can elevate high-speed access during the COVID-19 crisis, which is devastating Indian Country.
By allowing use of that part of the airwaves temporarily, the Federal Communications Commission aims to help the tribe, located within several Southwest states, deal with the worsening effects of the pandemic. The move was in response to a tribal request.
"Tribal communities are having to adjust to the challenges of the coronavirus pandemic while already facing some of the greatest challenges caused by the digital divide that we see anywhere in the nation," FCC Chairman Ajit Pai said in a statement Friday.
"As with any community — rural or urban — tribal members are having to work from home and to rely increasingly on telemedicine and remote learning as they practice social distancing to minimize the spread of the virus on their reservations," he said.
The temporary band is primarily intended to serve college students who live on the reservation, Navajo Nation Telecommunications Regulatory Director Christopher Becenti told Law360 on Monday.
"The most important thing we are worried about is scholarships, GPAs and them finishing their courses," Becenti said. "We don't want their scholarships compromised in any way shape or form."
Navajo Technical University, which has three locations on the reservation — two in Arizona and one in New Mexico — plans to rig receiving equipment to NTU vehicles and drive out into the surrounding areas to broadcast free internet.
"As far as the geographical locations, it's probably going to be the surrounding territories around the campuses," Becenti said. "It's not going to go too far … it's a heavy investment in equipment."
"We're hoping this week it will be up and running," he added. "Sixty days is pretty short but FCC mentioned in their award letter that tribes can still apply up until Aug. 3."
Native American tribes, often populating some of the most remote swaths of the countryside, face major roadblocks in obtaining reliable high-speed internet, a problem that Congress has sought to address. The broadband gaps have been underscored by an increased reliance on broadband triggered by the novel coronavirus. The recent pandemic rescue package included funds for telemedicine and distance learning, though it came in for criticism for not doing enough to fix gaps in internet service.
The FCC's Wireless Telecommunications Bureau granted the request by the Navajo Nation, whose reservation lies within parts of Arizona, New Mexico and Utah, to use unassigned spectrum in the 2.5 GHz band for 60 days.
In addition to this temporary spectrum access, the Navajo Nation has installed three Wi-Fi hotspots at Navajo Tribal Utility Authority offices in Arizona and is looking at at least 15 additional sites, according to Becenti.
Telecommunication providers also signed a 90-day pledge to waive late fees and "avoid suspending [customers] for late payments," he added. However, bills for those three months will not be waived.
"My recommendation is to continue paying your bill as normal unless you have absolutely no means to pay for it, and that's when I'd reach out to providers to work out a payment schedule," Becenti said.
Along with supporting emergency relief to meet increased broadband demands during the pandemic, the FCC continues to accept applications from eligible tribal entities for licensed access to unassigned 2.5 GHz spectrum over their rural tribal lands in the Rural Tribal Priority Window, which closes Aug. 3.
The agency noted that the grant of emergency temporary access to 2.5 GHz spectrum will not affect the availability of such spectrum to eligible tribal applicants for purposes of the priority window.
The Navajo Nation launched a project last year with the broadband planning firm Magellan Advisors to lay thousands of miles of fiber optic cable and improve wireless connectivity and cell service outside of dense communities like Chinle and Window Rock, Arizona, the seat of government. The project is expected to take between five and 10 years to complete, according to Magellan.
As of Saturday, the Navajo Nation reported 1,197 positive COVID-19 cases: 1,043 on the reservation and 154 in bordering towns, according to President Jonathan Nez. There have been 44 related deaths.
--Additional reporting by Kelcee Griffis. Editing by Alyssa Miller.
For a reprint of this article, please contact reprints@law360.com.
