Federal Communications Commission

1. Federal Communications Commission NTTA Tribal Engineering & Broadband Summit Inn of the Mountain Gods Mescalero, NM April 16-17, 2019 Office of Native Affairs and Policy

2. OVERVIEW • FCC and the Office of Native Affairs and Policy (ONAP) • Native Nations Communications Task Force • Notice of Proposed Rulemaking on 2.5 GHz

3. THE FCC’S MISSION • The Federal Communications Commission is an independent administrative agency overseen by Congress • Responsible for implementing and enforcing America’s communications law and regulations • Regulates interstate and international communications by wire and radio in all 50 states, the District of Columbia, and U.S. territories • Covers wireline & wireless telephone, broadcast TV & radio, satellite, and cable TV

4. FCC GOVERNANCE AND STRUCTURE • Five Commissioners • President nominates; Senate confirms • Appointed to fill five year terms • No more than three from the same political party • President selects one Commissioner to be Chair • Divided into Bureaus and Offices • 7 Bureaus: Consumer and Governmental Affairs, Enforcement, International, Media, Public Safety, Wireless, Wireline • 10 Offices: e.g., General Counsel, Legislative Affairs, Managing Director, Engineering and Technology

5. OFFICE OF NATIVE AFFAIRSAND POLICY • ONAP created in 2010 by Commission Order (FCC 10-141) • Part of Consumer and Governmental Affairs Bureau’s oversight of inter-governmental affairs • Charged with bringing the benefits of modern communications infrastructure to all Native communities

6. ONAP’S MISSION • Ensuring robust government-to-government consultation with federally recognized Tribal governments and Native Hawaiian organizations • Working within the Commission, as well as with other government agencies and private organizations, to develop and implement policies for assisting Native communities • Ensuring Native concerns and voices are considered in all relevant Commission proceedings and initiatives • Representing the Commission’s positions on matters of interest to Tribal entities

7. ONAP ORGANIZATIONAL CHART Consumer and Governmental Affairs Bureau Patrick Webre, Chief Barbara Esbin, Deputy Chief ONAP Matthew Duchesne, Chief Sayuri Rajapakse, Deputy Chief Janet Sievert Senior Legal Advisor Carolyn Conyers Program Advisor Susan Mort Legal Advisor

8. NATIVE NATIONS COMMUNICATIONS TASK FORCE • Originally created in 2011 as the Native Nations Broadband Task Force • Renewed and renamed to reflect its involvement in a broader set of issues • Latest version formed in November 2018 • 3 year term with in-person meetings twice annually – once in DC and once in Indian Country – and supplemented with regular conference calls • 18 Tribal and 8 FCC members appointed to represent a diversity of views and expertise • Tribal co-chair is Danae Wilson, Nez Perce Tribe and FCC co-chair is Matthew Duchesne, ONAP

9. NATIVE NATIONS COMMUNICATIONS TASK FORCE • Tasked at first meeting with providing guidance, expertise, and recommendations on specific telecommunications issues affecting Tribal governments and people • Assess and recommend ways to improve Tribal engagement with carriers for USF purposes • Develop strategies for rollout of Lifeline National Eligibility Verifier • Develop recommendations to improve broadband deployment on Tribal Lands • Input intended to inform and advance the Commission’s efforts to ensure the availability of communications services and broadband deployment to all Americans by closing the digital divide with Indian country

10. 2.5 GHZ NPRM • The Educational Broadband Service (EBS) is currently used for the transmission of instructional material to accredited educational institutions • EBS uses a portion of the 2.5 GHz band – prime spectrum for next generation mobile operations including 5G • Significant portions of the band are currently unused in more than half the country, mostly in rural areas • The Commission has a pending notice of proposed rulemaking (NPRM) to modernize the 2.5 GHz band and use it more effectively and efficiently

11. 2.5 GHZ NPRM • NPRM (WT Docket No. 18-120) proposes to: • Add additional flexibility for current EBS licensees and “rationalize” the existing contours of licenses by extending them • Create local licensing priority windows to make unused spectrum available for existing licensees, rural Tribes, and new educational entities • License remaining white spaces via auction • A detailed public record, including significant Tribal input, has been developed on the proposals • Before consideration and adoption of an item at its monthly meetings, the FCC typically releases a draft Report and Order, allowing a short window for final input

12. Spectrum Partitioning, Disaggregation, & Leasing • The Commission recently adopted an NPRM (WT Docket No. 19-38) to explore possible changes to its existing rules on the partitioning, disaggregation, and leasing of spectrum   • If adopted, these potential rule changes could: • Enable existing wireless license holders with defined geographic areas to either partition part of their license area or assign portions of spectrum blocks to: • Other entities to promote the availability of advanced telecommunications services in rural areas, or • Small carriers with fewer than 1,500 employees   • Create incentives encouraging the leasing or sale of spectrum to small carriers or unaffiliated carriers that will serve rural areas  • Collectively, these proposals could promote the availability of spectrum to carriers serving Tribal lands • Interested Tribes and carriers are encouraged to submit comments by June 3, 2019, and replies by July 1, 2019 • NPRM is available at: https://docs.fcc.gov/public/attachments/FCC-19-22A1.pdf

13. Questions?

14. For More Information • Barbara Esbin, Deputy Bureau Chief, Consumer & Governmental Affairs Bureau, Barbara.Esbin@fcc.gov • Matthew Duchesne, Chief, Office of Native Affairs and Policy, Matthew.Duchesne@fcc.gov • Sayuri Rajapakse, Deputy Chief, Office of Native Affairs and Policy, Sayuri.Rajapakse@fcc.gov • Janet Sievert, Senior Legal Advisor, Office of Native Affairs and Policy, Janet.Sievert@fcc.gov • Susan Mort, Legal Advisor, Office of Native Affairs and Policy, Susan.Mort@fcc.gov • Carolyn Conyers, Program Advisor, Office of Native Affairs and Policy, Carolyn.Conyers@fcc.gov • https://www.fcc.gov/general/native-nations