Internet access in the United States is generally privately financed. Selected Tribal Entities Reported Barriers to Obtaining Licensed Spectrum

		Few Tribal Entities Have Obtained Spectrum Licenses, Although Representatives from Selected Tribal Entities Emphasized the Importance of Licensed Spectrum

Through our analysis of FCC license data as of September 2018, we  identified 18 tribal entities that held active spectrum licenses in bands that  can be used to provide broadband services. However, representatives from the tribal entities we contacted that were  using wireless technologies emphasized the advantages of licensed  spectrum and discussed their experiences with the limitations of  unlicensed spectrum. Most of the spectrum allocated for commercial use  has already been assigned through spectrum auctions and other  mechanisms to private providers, including licensees that may not be  providing service on tribal lands. FCC Has Some Efforts to Enhance Tribal Access to Spectrum, but FCC Does Not Collect or Communicate Key Information to Tribal Entities

		FCC Has Taken Steps to Promote and Support Tribal Entities’ Ability to Obtain Spectrum, However These Efforts Are Not Likely to Address Tribal Spectrum Needs

We found that FCC has taken the following actions to increase tribal  access to and use of spectrum: (1) initiated proposed rulemakings on  promoting tribal access to spectrum, (2) adopted rules to increase  spectrum available for broadband use, and (3) conducted outreach and  training for tribal entities on spectrum-related issues. FCC’s 2015 rule also created small-sized and shorter-termed  licenses, which FCC stated would decrease the costs of obtaining a  license and help rural providers access it. FCC Does Not Collect Key Information Related to Spectrum over Tribal Lands or Communicate It to Tribal Entities

FCC has not consistently collected information related to tribal access to  spectrum. Because the secondary market is one of few  ways for tribal entities to access licensed spectrum, an analysis of unused  licensed spectrum that exists over tribal lands would enable FCC to better  promote a robust secondary market that provides additional opportunities  for tribes to access spectrum. FCC also does not make information on spectrum-license holders  available in an easy or accessible manner; such information could be  beneficial to the tribes in their efforts to obtain spectrum in the secondary  market. Tribal governments  are an example of such external entities. FCC has reported that wireless technologies  that access spectrum to deliver broadband services are cost-effective for  remote and sparsely populated areas, such as tribal lands. By collecting data on the extent that tribal entities  are obtaining and accessing spectrum, FCC could better understand tribal  spectrum issues and use this information as it implements ongoing  spectrum initiatives. Furthermore, the secondary market is one of few  ways for tribal entities to access licensed spectrum to be able to provide  Internet service, and FCC has recognized the importance of promoting a  robust secondary market. FCC could promote a more robust secondary  market by analyzing data to better understand how much unused licensed  spectrum exists over tribal lands and using that information to promulgate  regulations and to evaluate how FCC policies affect tribal participation in  the secondary market. Additionally, by making information on who holds  spectrum licenses over tribal lands more accessible and easy to  understand, FCC could remove a barrier tribes may face in attempting to  obtain spectrum through the secondary market. (Recommendation 1)
The Chairman of FCC should analyze data to better understand the  extent that unused spectrum licenses exist over tribal lands, such as  by analyzing the data for a sample of tribal lands, and as appropriate  use this information to inform its oversight of the secondary market. In its comments,  reproduced in appendix III, FCC agreed with the recommendations. Appendix I: Objectives, Scope, and Methodology

This report examines (1) what is known about the ability of tribal entities  to obtain and access spectrum to provide broadband services on tribal  lands and the reported barriers that may exist; and (2) the extent to which  the Federal Communications Commission (FCC) promotes and supports  tribal entities’ ability to obtain and access spectrum for broadband  services. To identify tribal entities that applied to participate in spectrum auctions or  that held active spectrum licenses in bands that can be used to provide  broadband service, we analyzed (1) FCC data on entities that applied to  participate in auctions for spectrum in these bands and (2) FCC data on  spectrum licenses in these bands that were active as of September 6,  2018.
Why GAO Did This Study

In 2018, FCC estimated that 35 percent of Americans living on tribal lands lack broadband service compared to 8 percent of Americans overall. Broadband service can be delivered through wireless technologies using radio frequency spectrum. According to FCC, increasing tribal access to spectrum would help expand broadband service on tribal lands. GAO was asked to review spectrum use by tribal entities—tribal governments and tribally owned telecommunications providers.
This report examines (1) tribal entities' ability to obtain and access spectrum to provide broadband services and the reported barriers that may exist, and (2) the extent to which FCC promotes and supports tribal efforts to obtain and access spectrum. GAO interviewed 16 tribal entities that were using wireless technologies. Selected entities varied geographically, among other characteristics. GAO analyzed FCC's license and auction data as of September 2018, reviewed FCC's rulemakings on spectrum for broadband services, and interviewed other tribal and industry stakeholders and FCC officials. The information presented is not generalizable to all tribes or industry participants.

What GAO Found

The tribal entities GAO contacted cited various barriers to obtaining spectrum licenses in bands that can be used to provide broadband services. According to its analysis of data from the Federal Communications Commission (FCC), GAO identified 18 tribal entities that held active spectrum licenses in such bands. For example, of these 18 tribal entities, 4 obtained licenses through secondary market transactions—that is, they bought or leased the license from another provider, and 2 obtained a license through an FCC spectrum auction. Licensed spectrum is generally preferred because it offers better quality of service compared to unlicensed spectrum; however, almost all of the tribal entities GAO contacted said that they are accessing unlicensed spectrum to provide Internet service. They identified barriers to obtaining licensed spectrum through auctions and secondary market transactions, barriers such as high costs and, in the case of secondary market transactions, a lack of information on who holds licenses over tribal lands. Because most spectrum allocated for commercial use has already been assigned, the secondary market is one of very few avenues available to tribal entities that would like to access licensed spectrum.
FCC has taken steps to promote and support tribal access to spectrum. For example, FCC issued proposed rulemakings in 2011 and 2018 that sought comment on tribal-specific proposals, such as establishing tribal-licensing priorities and initiating processes to transfer unused spectrum licenses to tribal entities. However, FCC has not finalized these rules and is in the process of responding to comments to the 2018 rulemaking. Also, while FCC has made additional spectrum available for broadband use in recent years, tribal stakeholders cited limitations with the spectrum FCC has made available. For example, FCC allows broadband providers to operate in unused television broadcast bands on an unlicensed basis. While stakeholders GAO interviewed cited some advantages of these bands, such as being useful to reach remote customers, they also noted technical and cost limitations that reduced the potential to improve tribal access to spectrum. FCC stated that it is implementing spectrum initiatives and recognizes the importance of promoting a robust secondary market to improve communications throughout the United States, including tribal lands. However, GAO found that FCC has not collected data related to tribal access to spectrum, analyzed unused licensed spectrum that exists over tribal lands, or made data available to tribal entities in an accessible and easy manner that could be beneficial in their efforts to obtain spectrum licenses from other providers. By collecting data on the extent that tribal entities are obtaining and accessing spectrum, FCC could better understand tribal spectrum issues and use this information as it implements ongoing spectrum initiatives. Further, given that the secondary market is one of few ways for tribal entities to access licensed spectrum to be able to provide Internet service, FCC could promote a more robust secondary market by analyzing unused licensed spectrum over tribal lands and using that information to inform FCC's oversight of the secondary market. Additionally, by making information available on who holds spectrum licenses over tribal lands, FCC could remove a barrier tribes may face in attempting to obtain spectrum through the secondary market.

What GAO Recommends

FCC should (1) collect data on tribal access to spectrum; (2) analyze unused licensed spectrum over tribal lands; and (3) make information available in a more accessible manner that would promote tribes' ability to purchase or lease spectrum licenses over their lands from other providers. FCC agreed with the recommendations.