The Rural Utilities Service and NTIA have made broadband deployment in Indian Country a top priority, officials with the agencies said Thursday during the Native American Broadband Teleconference. Leaders of the Native American Broadband Association (NABA) previously expressed concerns that Indian applicants got relatively little early funding, in particular from RUS’ Broadband Infrastructure Program (CD Feb 12 p2).

More data on the wireless market would help the FCC better assess how competition may be hurt by special access rates, spectrum policies, early termination fees (ETFs) and exclusive handset arrangements, said the GAO. In a report released Thursday by Capitol Hill Democrats, GAO found significant consolidation and increased wireless usage since 2000. That has resulted in lower prices and better coverage, but also has made it tough for small and regional providers to win subscribers, make network investments and get handsets, GAO said. The report offers support to conclusions in the FCC’s wireless competition report that consolidation has hurt competition. In its May 20 report, the FCC declined to find that the U.S. wireless market is competitive, a sharp departure from previous reports (CD May 21 p1).

The full appeals court whose three-judge panel threw out an FCC decision to censure Fox for broadcasting unscripted swear words on 2002 and 2003 music awards shows probably won’t agree to rehear the case, said law professors and industry lawyers with indecency expertise watching the proceeding. The six we surveyed said the chances of the 2nd U.S. Court of Appeals in New York granting the commission’s request are low, as with most such requests for en banc rehearings. They said the ten judges may not be moved by FCC arguments that panel’s July ruling conflicts with the Supreme Court decision which sent the case back to the 2nd Circuit, the high court’s landmark 1978 Pacifica indecency ruling and other cases and would hobble the commission’s ability to regulate indecency. The FCC’s request, made Thursday, was expected (CD Aug 25 p3).

Verizon, CompTel and XO Communications will intervene in Qwest’s appeal of an FCC decision denying the company a forbearance in Phoenix, court records show. The 10th U.S. Court of Appeals has extended the deadline to allow other intervenors to file briefs in the case, and lawyers for all three filed notices of intention to intervene. The new deadline is Sept. 20.

Green Flag Wireless said the FCC should view as predictable comments from wireless carriers that don’t want the commission to toughen its rules showings need for wireless license renewals. The opposition of incumbent carriers was expected, Green Flag said in reply comments. Meanwhile, wireless carriers and groups that represent them said in their replies that the record shows the FCC does not need to require more-detailed renewal showings (CD Aug 10 p3).

ST. GEORGES, Del. -- Senate Majority Leader Harry Reid, D-Nev., is circulating a cybersecurity proposal among Senate committees of jurisdiction that combines bills proposed by Sen. Jay Rockefeller, D-W.Va., and Joe Lieberman, I-Conn., said Sen. Tom Carper, D-Del., Thursday. But the process is secretive and shutting out private industry, says a leading lobbyist, making him “very nervous."

State regulatory conditions for municipal broadband haven’t changed the past few years, though the National Broadband Plan and other efforts have prompted state governments to be more active regarding broadband, experts said in interviews. Rep. Rick Boucher, D-Va., plans to reintroduce community broadband legislation when he gains Republican co-sponsorship in the Commerce Committee, a spokeswoman said.

Dish Network resumed talks with the FCC on revising former defaulter rules in preparation for coming spectrum auctions, a possible indicator the direct broadcast satellite provider is gearing up for spectrum bids. Dish asked the Wireless Bureau to refine bidding rules that require bidders with poor federal financial track records to put up significantly more money than those with unblemished record, said an ex parte filing. The commission is planning to auction off AWS-3 and 700 MHz spectrum in 2011 per the National Broadband Plan, though no official auction has been put in place and possible Congressional action allocating the D-block for public safety agencies (CD Aug 9 p3) could make an auction unnecessary.

The FCC is expected to take up an order on wireless 911 location accuracy at the Sept. 23 meeting, as well as notice of inquiry on 911 VoIP issues, agency and industry officials said Wednesday. A few other orders also may get a vote, including finalizing rules for the TV white spaces and an E-rate item. Odds appear slim at this point the commission will attempt to vote at next month’s meeting on a declaratory order reclassifying broadband transmission as a Title II service.

Direct broadcast satellite providers and broadcasters disagree about the antenna standard that the FCC should use in defining unserved households eligible to receive distant signals, they said in comments to the commission. The agency is following through on parts of the Satellite TV Localism and Extension Act (STELA), and both sides replied Tuesday to a rulemaking notice on the standard (CD July 29 p11) in docket 10-152. The proposed rule would continue to use the outdoor antenna standard, which classifies consumers who can’t receive broadcast signals by outdoor antenna as unserved and so eligible to get distant signals by DBS. STELA doesn’t specify the type of antenna to be used in the predictive model and on-site testing that determine distant signal eligibility. Under the law, the commission must act by Nov. 23 to implement the act.