FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN March 31,2016 The Honorable Thomas R. Carper Ranking Member Committee on Homeland Security and Governmental Affairs United States Senate 442 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Carper: On February 3, 2016, the Government Accountability Office (GAO) publicly released a report entitled Additional Coordination and Performance Measurement Needed for High-Speed Internet Access Programs on Tribal Lands - GAO-16-222 ("Report"). The Report examines: (1) perspectives of selected Tribes and providers on the importance of high-speed Internet access for Tribes and any barriers to increasing this access on Tribal lands; (2) the level of interrelation and coordination between federal programs at the Commission and the U.S. Department of Agriculture (USDA) that promote high-speed Internet access on Tribal lands; and (3) existing data and Commission performance goals and measures related to access to high-speed Internet service on Tribal lands and for Tribal institutions. I In their January 20, 2016 response to the draft report, the Chiefs of the Commission's Consumer and Governmental Affairs and Wireline Competition Bureaus ("Bureaus") agreed with the Report's four recommendations for Commission action. As indicated in that response, the Commission has executed, or is prioritizing, a broad range of initiatives to help improve and measure the availability and adoption of high-speed Internet on Tribal lands. The Commission is committed to facilitating the expansion of Zl " century communications to Tribal Nations across the United States. First, the Report recommends that the Commission develop joint outreach and training efforts with USDA, whenever feasible, to help improve Internet availability and adoption on Tribal lands.' In the Bureaus' response, they detailed several instances of recent coordination between the Commission, specifically our Office of Native Affairs and Policy, and USDA, in developing and implementing outreach and training for Tribal Nations. The Commission is committed to working with USDA to ensure that future coordination is even more strategic and routine. For example, we have invited USDA to participate in all of the Tribal consultation and training workshops that we have planned for 2016. 1 Report at 1. 2Id. at 30. Page 2-The Honorable Thomas R. Carper Second, the Report recommends that the Commission adopt goals and measures for its strategic objective of making broadband Internet available on Tribal lands. 3 As the Bureaus explained, the Commission has done so in part through the goals and measures of its universal service programs and program goals and measurements adopted pursuant to its obligations under section 254 of the Communications Act, and section 706 of the Telecommunications Act of 1996.4 For example, in its high-cost program, the Commission has established a goal of bringing broadband at speeds of at least 10 Mbps downstreamJl Mbps upstream to high-cost areas, including Tribal lands, and it has adopted clear outcome measures for that goal which are being actively tracked. 5 The Commission also annually tracks the progress in deployment of "advanced telecommunications capability" - defmed as 25 Mbps downstreamJ3 Mbps upstream - pursuant to section 706. Additional data made available in the 2016 Broadband Progress Report, released on January 29,2016, continues to demonstrate that the Commission is both measuring and making progress towards the objective on Tribal lands," For example, that report found that the percentage of Americans on Tribal lands with access to fixed advanced telecommunications capability increased by 22 percentage points between year-end 2013 and year-end 2014.1 While the Commission already tracks and can demonstrate progress towards the strategic objective of making broadband available on Tribal lands, the Commission has, since the release of the Report, taken additional steps to strengthen these efforts. Specifically, the Commission recently adopted a Report and Order and Further Notice of Proposed Rulemaking reforming the high-cost support regime for rate-of-return carriers, and adopted specific, measurable broadband 3 See id. 4 Section 254 of the Communications Act directs that consumers in all regions ofthe Nation have access to services "that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas." Section 706(a) of the Telecommunications Act of 1996 provides that the Commission shall "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans .... " Section 706(b) further provides that the Commission "regularly determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion." 5 See Connect America Fund et a!., WC Docket Nos. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Red 17663, 17681, para. 52 (2011); Connect America Fund et ai., Report and Order, 29 FCC Red 15644, 15649, para. 15 (2014). 6 See Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, 2016 Broadband Progress Report, 31 FCC Red 699 (2016). 7 See id., at 737, para. 88, Table 7. Page 3-The Honorable Thomas R. Carper build-out requirements for all rate-of-return carriers, including those serving Tribal lands. 8 The Commission will track the progress of rate-of-return carriers making broadband available within their service territories, including Tribal lands," Beginning in 2017, all carriers receiving high- cost support, including those on Tribal lands, must submit specific geographic information regarding the locations that they serve with broadband meeting the Commission's requirements, and that information will be made available to the public. 10 This data will provide a detailed view of the effect of the high-cost program on increasing broadband availability nationwide, including on Tribal lands. This data also will complement the broadband deployment data already reported by carriers on FCC Form 477 and published in the Commission's annual broadband progress reports. These new rules and data collection efforts, along with our existing data collections, will allow the Commission to measure detailed progress toward our strategic objective of increasing Internet access availability on Tribal lands. The Commission also sought comment on whether to increase high-cost support available on Tribal lands to provide an increased incentive and ability for carriers to deploy broadband networks there. 1 I Once the comment cycle is complete, staff will review the record and evaluate how to further promote broadband deployment on Tribal lands where it is lacking. I have committed to address this issue before the end of2016. Third, the Report recommends that we improve the reliability ofE-rate data collections by defining "Tribal" on the E-rate applications. I agree that this recommendation would improve data collections with respect to buildout on Tribal lands and have directed the Bureaus to provide guidance on the meaning of "Tribal" as part of the directions for the applications Finally, the Report recommends that we develop performance goals and measures to track progress on achieving our goal of ensuring that all Tribal schools and libraries have access to modem broadband technologics.F I agree with the GAO about the importance of performance goals and measures. As the Bureaus explained, in 2014 the Commission adopted strategic goals and measures for the E-rate program.P The three goals for the E-rate program are: (1) ensuring affordable access to high-speed broadband sufficient to support digital learning in schools and robust connectivity for all libraries; (2) maximizing the cost-effectiveness of spending 8 See generally, Connect America Fund et aI., WC Docket Nos. 10-90 et al., Report and Order, Order on Reconsideration and Further Notice of Proposed Rulemaking, FCC 16-33 (reI., Mar. 30, 2016). 9 See id., paras. 209-223. 10 See id. II See id., paras. 373-382. 12 Report at 30-31. 13 See Modernizing the E-rate Program for Schools and Libraries, Report and Order and Further Notice of Proposed Rulemaking, 29 FCC Red 8870,8880-8894, paras. 22-62 (2014). . Page 4-The Honorable Thomas R. Carper for E-rate supported purchases; and (3) making the E-rate application process and other E-rate processes fast, simple and cfficient.l" The Commission adopted corresponding performance measures and targets for each ofthese goals. In addition, as part of the E-rate program's 2014 modernization, the Commission also increased the annual funding cap for the E-rate program by $1.5 billion annually and provided specific direction to the Bureaus to work with Tribal communities to help meet the broadband needs of Tribal schools and libraries. I believe that the goals and performance measures for the E-rate program, along with the enhanced Tribal consultation, training and outreach strategy, and increased funding cap, will substantially improve the accessibility of modem broadband technologies for Tribal schools and libraries. We appreciate GAO's analysis and recommendations and reiterate that we are committed to facilitating the expansion of advanced communications to Tribal Nations across the United States. Sincerely, cc: The Honorable Frank Pallone The Honorable Anna G. Eshoo The Honorable Ben Ray Lujan The Honorable Don Young The Honorable Tom Cole The Honorable Derek Kilmer The Honorable Suzan DelBene The Honorable Jared Huffman 14 See id. at 8873, para. 5. FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN March 31, 2016 The Honorable Ron Johnson Chairman Committee on Homeland Security and Governmental Affairs United States Senate 340 Dirksen Senate Office Building Washington, D.C. 20510 Dear Chairman Johnson: On February 3, 2016, the Government Accountability Office (GAO) publicly released a report entitled Additional Coordination and Performance Measurement Neededfor High-Speed Internet Access Programs on Tribal Lands - GAO-16-222 ("Report"). The Report examines: (1) perspectives of selected Tribes and providers on the importance of high-speed Internet access for Tribes and any barriers to increasing this access on Tribal lands; (2) the level of interrelation and coordination between federal programs at the Commission and the U.S. Department of Agriculture (USDA) that promote high-speed Internet access on Tribal lands; and (3) existing data and Commission performance goals and measures related to access to high-speed Internet service on Tribal lands and for Tribal institutions.' In their January 20,2016 response to the draft report, the Chiefs of the Commission's Consumer and Governmental Affairs and Wire line Competition Bureaus ("Bureaus") agreed with the Report's four recommendations for Commission action. As indicated in that response, the Commission has executed, or is prioritizing, a broad range of initiatives to help improve and measure the availability and adoption of high-speed Internet on Tribal lands. The Commission is committed to facilitating the expansion of21 st century communications to Tribal Nations across the United States. First, the Report recommends that the Commission develop joint outreach and training efforts with USDA, whenever feasible, to help improve Internet availability and adoption on Tribal lands.' In the Bureaus' response, they detailed several instances of recent coordination between the Commission, specifically our Office of Native Affairs and Policy, and USDA, in developing and implementing outreach and training for Tribal Nations. The Commission is committed to working with USDA to ensure that future coordination is even more strategic and routine. For example, we have invited USDA to participate in all of the Tribal consultation and training workshops that we have planned for 2016. 1 Report at 1. 2 [d. at 30. Page 2-The Honorable Ron Johnson Second, the Report recommends that the Commission adopt goals and measures for its strategic objective of making broadband Internet available on Tribal lands. 3 As the Bureaus explained, the Commission has done so in part through the goals and measures of its universal service programs and program goals and measurements adopted pursuant to its obligations under section 254 of the Communications Act, and section 706 of the Telecommunications Act of 1996.4 For example, in its high-cost program, the Commission has established a goal of bringing broadband at speeds of at least 10 Mbps downstream!1 Mbps upstream to high-cost areas, including Tribal lands, and it has adopted clear outcome measures for that goal which are being actively tracked. 5 The Commission also annually tracks the progress in deployment of "advanced telecommunications capability" - defined as 25 Mbps downstream!3 Mbps upstream - pursuant to section 706. Additional data made available in the 2016 Broadband Progress Report, released on January 29,2016, continues to demonstrate that the Commission is both measuring and making progress towards the objective on Tribal lands," For example, that report found that the percentage of Americans on Tribal lands with access to fixed advanced telecommunications capability increased by 22 percentage points between year-end 2013 and year-end 2014.7 While the Commission already tracks and can demonstrate progress towards the strategic objective of making broadband available on Tribal lands, the Commission has, since the release of the Report, taken additional steps to strengthen these efforts. Specifically, the Commission recently adopted a Report and Order and Further Notice of Proposed Rulemaking reforming the high-cost support regime for rate-of-return carriers, and adopted specific, measurable broadband 3 See id. 4 Section 254 of the Communications Act directs that consumers in all regions of the Nation have access to services "that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas." Section 706(a) of the Telecommunications Act of 1996 provides that the Commission shall "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans .... " Section 706(b) further provides that the Commission "regularly determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion." 5 See Connect America Fund et al., WC Docket Nos. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Red 17663, 17681, para. 52 (2011); Connect America Fund et al., Report and Order, 29 FCC Rcd 15644, 15649, para. 15 (2014). 6 See Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, 2016 Broadband Progress Report, 31 FCC Rcd 699 (2016). 7 See id., at 737, para. 88, Table 7. Page 3-The Honorable Ron Johnson build-out requirements for all rate-of-return carriers, including those serving Tribal lands. 8 The Commission will track the progress of rate-of-return carriers making broadband available within their service territories, including Tribal lands," Beginning in 2017, all carriers receiving high- cost support, including those on Tribal lands, must submit specific geographic information regarding the locations that they serve with broadband meeting the Commission's requirements, and that information will be made available to the public.!" This data will provide a detailed view of the effect of the high-cost program on increasing broadband availability nationwide, including on Tribal lands. This data also will complement the broadband deployment data already reported by carriers on FCC Form 477 and published in the Commission's annual broadband progress reports. These new rules and data collection efforts, along with our existing data collections, will allow the Commission to measure detailed progress toward our strategic objective of increasing Internet access availability on Tribal lands. The Commission also sought comment on whether to increase high-cost support available on Tribal lands to provide an increased incentive and ability for carriers to deploy broadband networks there. 11 Once the comment cycle is complete, staff will review the record and evaluate how to further promote broadband deployment on Tribal lands where it is lacking. I have committed to address this issue before the end of 20 16. Third, the Report recommends that we improve the reliability ofE-rate data collections by defining "Tribal" on the E-rate applications. I agree that this recommendation would improve data collections with respect to buildout on Tribal lands and have directed the Bureaus to provide guidance on the meaning of "Tribal" as part of the directions for the applications Finally, the Report recommends that we develop performance goals and measures to track progress on achieving our goal of ensuring that all Tribal schools and libraries have access to modem broadband technologies. 12 I agree with the GAO about the importance of performance goals and measures. As the Bureaus explained, in 2014 the Commission adopted strategic goals and measures for the E-rate program." The three goals for the E-rate program are: (1) ensuring affordable access to high-speed broadband sufficient to support digital learning in schools and robust connectivity for all libraries; (2) maximizing the cost-effectiveness of spending 8 See generally, Connect America Fund et al., WC Docket Nos. 10-90 et al., Report and Order, Order on Reconsideration and Further Notice of Proposed Rulemaking, FCC 16-33 (reI., Mar. 30,2016). 9 See id., paras. 209-223. IO See id. IISee id., paras. 373-382. 12 Report at 30-31. 13 See Modernizing the E-rate Program/or Schools and Libraries, Report and Order and Further Notice of Proposed Rulemaking, 29 FCC Red 8870,8880-8894, paras. 22-62 (2014). . Page 4-The Honorable Ron Johnson for E-rate supported purchases; and (3) making the E-rate application process and other E-rate processes fast, simple and efficient." The Commission adopted corresponding performance measures and targets for each of these goals. In addition, as part ofthe E-rate program's 2014 modernization, the Commission also increased the annual funding cap for the E-rate program by $1.5 billion annually and provided specific direction to the Bureaus to work with Tribal communities to help meet the broadband needs of Tribal schools and libraries. I believe that the goals and performance measures for the E-rate program, along with the enhanced Tribal consultation, training and outreach strategy, and increased funding cap, will substantially improve the accessibility of modem broadband technologies for Tribal schools and libraries. We appreciate GAO's analysis and recommendations and reiterate that we are committed to facilitating the expansion of advanced communications to Tribal Nations across the United States. etA- Tom Wheeler 14 See id. at 8873, para. 5. FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN March 31, 2016 The Honorable Elijah E. Cummings Ranking Member Committee on Oversight and Government Reform U.S. House of Representatives 2471 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Cummings: On February 3, 2016, the Government Accountability Office (GAO) publicly released a report entitled Additional Coordination and Performance Measurement Neededfor High-Speed Internet Access Programs on Tribal Lands - GAO-16-222 ("Report"). The Report examines: (1) perspectives of selected Tribes and providers on the importance of high-speed Internet access for Tribes and any barriers to increasing this access on Tribal lands; (2) the level of interrelation and coordination between federal programs at the Commission and the U.S. Department of Agriculture (USDA) that promote high-speed Internet access on Tribal lands; and (3) existing data and Commission performance goals and measures related to access to high-speed Internet service on Tribal lands and for Tribal institutions. 1 In their January 20,2016 response to the draft report, the Chiefs of the Commission's Consumer and Governmental Affairs and Wire line Competition Bureaus ("Bureaus") agreed with the Report's four recommendations for Commission action. As indicated in that response, the Commission has executed, or is prioritizing, a broad range of initiatives to help improve and measure the availability and adoption of high-speed Internet on Tribal lands. The Commission is committed to facilitating the expansion of21 st century communications to Tribal Nations across the United States. First, the Report recommends that the Commission develop joint outreach and training efforts with USDA, whenever feasible, to help improve Internet availability and adoption on Tribal Iands." In the Bureaus' response, they detailed several instances of recent coordination between the Commission, specifically our Office of Native Affairs and Policy, and USDA, in developing and implementing outreach and training for Tribal Nations. The Commission is committed to working with USDA to ensure that future coordination is even more strategic and routine. For example, we have invited USDA to participate in all of the Tribal consultation and training workshops that we have planned for 2016. 1 Report at 1. 2 Id. at 30. Page 2-The Honorable Elijah E. Cummings Second, the Report recommends that the Commission adopt goals and measures for its strategic objective of making broadband Internet available on Tribal lands. 3 As the Bureaus explained, the Commission has done so in part through the goals and measures of its universal service programs and program goals and measurements adopted pursuant to its obligations under section 254 of the Communications Act, and section 706 of the Telecommunications Act of 1996.4 For example, in its high-cost program, the Commission has established a goal of bringing broadband at speeds of at least 10 Mbps downstreaml1 Mbps upstream to high-cost areas, including Tribal lands, and it has adopted clear outcome measures for that goal which are being actively tracked. 5 The Commission also annually tracks the progress in deployment of "advanced telecommunications capability" - defmed as 25 Mbps downstreaml3 Mbps upstream - pursuant to section 706. Additional data made available in the 2016 Broadband Progress Report, released on January 29, 2016, continues to demonstrate that the Commission is both measuring and making progress towards the objective on Tribal lands." For example, that report found that the percentage of Americans on Tribal lands with access to fixed advanced telecommunications capability increased by 22 percentage points between year-end 2013 and year-end 2014.7 While the Commission already tracks and can demonstrate progress towards the strategic objective of making broadband available on Tribal lands, the Commission has, since the release ofthe Report, taken additional steps to strengthen these efforts. Specifically, the Commission recently adopted a Report and Order and Further Notice of Proposed Rulemaking reforming the high-cost support regime for rate-of-return carriers, and adopted specific, measurable broadband 3 See id. 4 Section 254 ofthe Communications Act directs that consumers in all regions of the Nation have access to services "that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas." Section 706(a) of the Telecommunications Act of 1996 provides that the Commission shall "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans .... " Section 706(b) further provides that the Commission "regularly determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion." 5 See Connect America Fund et al., WC Docket Nos. 10-90 et aI., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Red 17663, 17681, para. 52 (2011); Connect America Fund et aI., Report and Order, 29 FCC Rcd 15644, 15649, para. 15 (2014). 6 See Jnquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, 2016 Broadband Progress Report, 31 FCC Rcd 699 (2016). 7 See id., at 737, para. 88, Table 7. Page 3-The Honorable Elijah E. Cummings build-out requirements for all rate-of-return carriers, including those serving Tribal lands. 8 The Commission will track the progress of rate-of-return carriers making broadband available within their service territories, including Tribal lands," Beginning in 2017, all carriers receiving high- cost support, including those on Tribal lands, must submit specific geographic information regarding the locations that they serve with broadband meeting the Commission's requirements, and that information will be made available to the public.!" This data will provide a detailed view of the effect of the high-cost program on increasing broadband availability nationwide, including on Tribal lands. This data also will complement the broadband deployment data already reported by carriers on FCC Form 477 and published in the Commission's annual broadband progress reports. These new rules and data collection efforts, along with our existing data collections, will allow the Commission to measure detailed progress toward our strategic objective of increasing Internet access availability on Tribal lands. The Commission also sought comment on whether to increase high-cost support available on Tribal lands to provide an increased incentive and ability for carriers to deploy broadband networks there. 11 Once the comment cycle is complete, staff will review the record and evaluate how to further promote broadband deployment on Tribal lands where it is lacking. I have committed to address this issue before the end of2016. Third, the Report recommends that we improve the reliability of E-rate data collections by defining "Tribal" on the E-rate applications. I agree that this recommendation would improve data collections with respect to buildout on Tribal lands and have directed the Bureaus to provide guidance on the meaning of "Tribal" as part of the directions for the applications Finally, the Report recommends that we develop performance goals and measures to track progress on achieving our goal of ensuring that all Tribal schools and libraries have access to modem broadband technologies. 12 I agree with the GAO about the importance of performance goals and measures. As the Bureaus explained, in 2014 the Commission adopted strategic goals and measures for the E-rate program.P The three goals for the E-rate program are: (1) ensuring affordable access to high-speed broadband sufficient to support digital learning in schools and robust connectivity for all libraries; (2) maximizing the cost-effectiveness of spending 8 See generally, Connect America Fund et al., WC Docket Nos. 10-90 et aI., Report and Order, Order on Reconsideration and Further Notice of Proposed Rulemaking, FCC 16-33 (reI., Mar. 30,2016). 9 See id., paras. 209-223. 10 See id. Il See id., paras. 373-382. 12 Report at 30-31. 13 See Modernizing the E-rate Program for Schools and Libraries, Report and Order and Further Notice of Proposed Rulemaking, 29 FCC Red 8870,8880-8894, paras. 22-62 (2014). . Page 4-The Honorable Elijah E. Cummings for E-rate supported purchases; and (3) making the E-rate application process and other E-rate processes fast, simple and efficient.!" The Commission adopted corresponding performance measures and targets for each of these goals. In addition, as part of the E-rate program's 2014 modernization, the Commission also increased the annual funding cap for the E-rate program by $1.5 billion annually and provided specific direction to the Bureaus to work with Tribal communities to help meet the broadband needs of Tribal schools and libraries. I believe that the goals and performance measures for the E-rate program, along with the enhanced Tribal consultation, training and outreach strategy, and increased funding cap, will substantially improve the accessibility of modem broadband technologies for Tribal schools and libraries. We appreciate GAO's analysis and recommendations and reiterate that we are committed to facilitating the expansion of advanced communications to Tribal Nations across the United States. Sincerely, 14 See id. at 8873, para. 5. FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN March 31,2016 The Honorable Jason Chaffetz Chairman Committee on Oversight and Government Reformu.s. House of Representatives 2157 Rayburn House Office Building Washington, D.C. 20515 Dear Chairman Chaffetz: On February 3, 2016, the Government Accountability Office (GAO) publicly released a report entitled Additional Coordination and Performance Measurement Needed for High-Speed Internet Access Programs on Tribal Lands - GAO-16-222 ("Report"). The Report examines: (1) perspectives of selected Tribes and providers on the importance of high-speed Internet access for Tribes and any barriers to increasing this access on Triballands; (2) the level of interrelation and coordination between federal programs at the Commission and the U.S. Department of Agriculture (USDA) that promote high-speed Internet access on Tribal lands; and (3) existing data and Commission performance goals and measures related to access to high-speed Internet service on Tribal lands and for Tribal institutions.' In their January 20, 2016 response to the draft report, the Chiefs of the Commission's Consumer and Governmental Affairs and Wireline Competition Bureaus ("Bureaus") agreed with the Report's four recommendations for Commission action. As indicated in that response, the Commission has executed, or is prioritizing, a broad range of initiatives to help improve and measure the availability and adoption of high-speed Internet on Tribal lands. The Commission is committed to facilitating the expansion of 21st century communications to Tribal Nations across the United States. First, the Report recommends that the Commission develop joint outreach and training efforts with USDA, whenever feasible, to help improve Internet availability and adoption on Tribal lands.' In the Bureaus' response, they detailed several instances of recent coordination between the Commission, specifically our Office of Native Affairs and Policy, and USDA, in developing and implementing outreach and training for Tribal Nations. The Commission is committed to working with USDA to ensure that future coordination is even more strategic and routine. For example, we have invited USDA to participate in all ofthe Tribal consultation and training workshops that we have planned for 2016. I Report at 1. 2 Id. at 30. Page 2-The Honorable Jason Chaffetz Second, the Report recommends that the Commission adopt goals and measures for its strategic objective of making broadband Internet available on Tribal lands," As the Bureaus explained, the Commission has done so in part through the goals and measures of its universal service programs and program goals and measurements adopted pursuant to its obligations under section 254 ofthe Communications Act, and section 706 of the Telecommunications Act of 1996.4 For example, in its high-cost program, the Commission has established a goal of bringing broadband at speeds of at least 10 Mbps downstream! 1 Mbps upstream to high-cost areas, including Tribal lands, and it has adopted clear outcome measures for that goal which are being actively tracked.' The Commission also annually tracks the progress in deployment of "advanced telecommunications capability" - defined as 25 Mbps downstream!3 Mbps upstream - pursuant to section 706. Additional data made available in the 2016 Broadband Progress Report, released on January 29, 2016, continues to demonstrate that the Commission is both measuring and making progress towards the objective on Tribal lands," For example, that report found that the percentage of Americans on Tribal lands with access to fixed advanced telecommunications capability increased by 22 percentage points between year-end 2013 and year-end 2014.7 While the Commission already tracks and can demonstrate progress towards the strategic objective of making broadband available on Tribal lands, the Commission has, since the release of the Report, taken additional steps to strengthen these efforts. Specifically, the Commission recently adopted a Report and Order and Further Notice of Proposed Rulemaking reforming the high-cost support regime for rate-of-return carriers, and adopted specific, measurable broadband 3 See id. 4 Section 254 of the Communications Act directs that consumers in all regions of the Nation have access to services "that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas." Section 706(a) of the Telecommunications Act of 1996 provides that the Commission shall "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans .... " Section 706(b) further provides that the Commission "regularly determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion." 5 See Connect America Fund et al., WC Docket Nos. 10-90 et aI., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Red 17663, 17681, para. 52 (2011); Connect America Fund et al., Report and Order, 29 FCC Rcd 15644, 15649, para. 15 (2014). 6 See Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, 2016 Broadband Progress Report, 31 FCC Rcd 699 (2016). 7 See id., at 737, para. 88, Table 7. Page 3-The Honorable Jason Chaffetz build-out requirements for all rate-of-return carriers, including those serving Tribal lands. 8 The Commission will track the progress of rate- of-return carriers making broadband available within their service territories, including Tribal lands," Beginning in 2017, all carriers receiving high- cost support, including those on Tribal lands, must submit specific geographic information regarding the locations that they serve with broadband meeting the Commission's requirements, and that information will be made available to the public. 10 This data will provide a detailed view of the effect of the high-cost program on increasing broadband availability nationwide, including on Tribal lands. This data also will complement the broadband deployment data already reported by carriers on FCC Form 477 and published in the Commission's annual broadband progress reports. These new rules and data collection efforts, along with our existing data collections, will allow the Commission to measure detailed progress toward our strategic objective of increasing Internet access availability on Tribal lands. The Commission also sought comment on whether to increase high-cost support available on Tribal lands to provide an increased incentive and ability for carriers to deploy broadband networks there. 11 Once the comment cycle is complete, staff will review the record and evaluate how to further promote broadband deployment on Tribal lands where it is lacking. I have committed to address this issue before the end of2016. Third, the Report recommends that we improve the reliability of E-rate data collections by defining "Tribal" on the E-rate applications. I agree that this recommendation would improve data collections with respect to buildout on Tribal lands and have directed the Bureaus to provide guidance on the meaning of "Tribal" as part of the directions for the applications Finally, the Report recommends that we develop performance goals and measures to track progress on achieving our goal of ensuring that all Tribal schools and libraries have access to modem broadband technologies. 12 I agree with the GAO about the importance of performance goals and measures. As the Bureaus explained, in 2014 the Commission adopted strategic goals and measures for the E-rate program.P The three goals for the E-rate program are: (1) ensuring affordable access to high-speed broadband sufficient to support digital learning in schools and robust connectivity for all libraries; (2) maximizing the cost-effectiveness of spending 8 See generally, Connect America Fund et al., we Docket Nos. 10-90 et aI., Report and Order, Order on Reconsideration and Further Notice of Proposed Rulemaking, FCC 16-33 (reI., Mar. 30,2016). 9 See id., paras. 209-223. 10 See id. 11 See id., paras. 373-382. 12 Report at 30-31. 13 See Modernizing the E-rate Program for Schools and Libraries, Report and Order and Further Notice of Proposed Rulemaking, 29 FCC Red 8870,8880-8894, paras. 22-62 (2014). . Page 4--The Honorable Jason Chaffetz for E-rate supported purchases; and (3) making the E-rate application process and other E-rate processes fast, simple and efficient." The Commission adopted corresponding performance measures and targets for each of these goals. In addition, as part of the E-rate program's 2014 modernization, the Commission also increased the annual funding cap for the E-rate program by $1.5 billion annually and provided specific direction to the Bureaus to work with Tribal communities to help meet the broadband needs of Tribal schools and libraries. I believe that the goals and performance measures for the E-rate program, along with the enhanced Tribal consultation, training and outreach strategy, and increased funding cap, will substantially improve the accessibility of modem broadband technologies for Tribal schools and libraries. We appreciate GAO's analysis and recommendations and reiterate that we are committed to facilitating the expansion of advanced communications to Tribal Nations across the United States. - Sincere~ ~t ~eeler ' -I' 14 See id. at 8873, para. 5.