Wireless, Civil Rights, Tribal Entities Push Back Against FCC Lifeline Draft Item

Stakeholders objected to proposed FCC Lifeline actions in a draft item on the agenda for next Thursday's commissioners' meeting, with many against a possible move to eliminate low-income funding support for resellers. Wireless industry parties, civil rights advocates, tribal groups and others voiced concerns about the combined draft orders and notices, in meetings and filings posted Wednesday and Thursday in docket 11-42.

CTIA questioned a proposal to target Lifeline support to facilities-based providers only, since mobile resellers addressed many low-income needs and "the vast majority of Lifeline subscribers have chosen" those providers. The group voiced concern about proposals to impose a "maximum discount level" and a funding cap on the program, saying the FCC should first fully implement and evaluate the previous "reforms and budget" before considering additional steps. In meetings with commissioner aides, Sprint said it doesn't support the proposal to cut off resellers from support and opposed "any flash cut elimination of the broadband port freeze rule." TracFone Wireless (here) and a group led by the Lifeline Connects Coalition (here) raised various concerns.

A collection of civil rights groups and others said the draft would "drastically alter" the program for the worse. "Eliminating all non-facilities based resellers from the program, implementing a self-enforcing budget cap, and imposing a lifetime benefit limit are some of the many proposed changes that will gut the program and continue to widen the digital divide," said a release on a letter filed by the National Hispanic Media Coalition, American Library Association, Center for Media Justice, Common Cause, Communications Workers of America, Free Press, NAACP, National Congress of American Indians (NCAI), National Consumer Law Center, Public Knowledge, United Church of Christ and others. The National Association of State Utility Consumer Advocates also opposed removing resellers.

Tribal entities opposed draft proposals to cut off enhanced Lifeline support to urban tribal subscribers. The draft "threatens to negatively change the Tribal Lands Lifeline program and limit Lifeline subsidies on Tribal lands without proper prior consultation with Tribal Nations," said NCAI in a separate filing. "Limiting the enhanced Tribal subsidy in the manner contemplated in the draft Order contradicts the universal principles mandated by Congress in the Communications Act and is inconsistent with the government-to-government relationship that the Commission shares with all 567 federally-recognized Tribal Nations." NCAI asked the commission to convert draft order provisions to an NPRM and consult with tribal nations before adopting rules. The Cherokee Nation "strongly" opposed the draft and said it's particularly concerned about lack of FCC consultation with tribes.