Improving Communications Services for Native Nations (NOI)

Description

On March 3, 2011, the Federal Communications Commission adopted a Notice of Inquiry to seek government-to-government consultation and coordination with federally recognized Tribes and the input of inter-Tribal government associations, Native representative organizations, and the public on modifications to our rules and policies to provide greater economic, market entry, and adoption opportunities and incentives for Native Nations. The seeks comment on a number of issues, including greater broadband deployment, the need for a uniform definition of Tribal lands to be used agency-wide in rulemakings, and the importance of strengthening the FCC’s nation-to-nation consultation process with Native Nations.

Issues

A. Native Nations Priority

The FCC seeks seek comment on whether a Native Nations priority should be adopted to make it easier for Native Nations to provide other communications services, such as wireless, wireline, or satellite services, to their communities. Are there FCC rules that, either directly or indirectly, impose barriers to entry for Native Nations seeking to provide communications services to their communities? If so, would it be in the public interest to provide federally recognized Tribes with a priority in those contexts in an effort to lower barriers to entry and facilitate the entry of Native Nation-owned and/or controlled providers?

B. Native Nations Broadband Fund
The National Broadband Plan states that Native Nations need substantially greater financial support than is presently available through existing federal programs to accelerate broadband deployment on Tribal land and recommends that Congress consider establishing a Native Nations Broadband Fund to support sustainable broadband deployment and adoption on Tribal land. The Plan notes that grants from a new Native Nations Broadband Fund could be used for a variety of purposes, including bringing high-capacity connectivity to governmental headquarters or other anchor institutions, deployment planning, infrastructure build out, feasibility studies, technical assistance, business plan development and implementation, digital literacy, and outreach. In addition, the National Broadband Plan recommends that a portion of the Native Nations Broadband Fund provide small, targeted grants on an expedited basis for Internet access and adoption programs. The Plan also recommends that the National Telecommunications and Information Administration (NTIA) administer the Native Nations Broadband Fund, in consultation with the FCC and the Bureau of Indian Affairs (BIA), and that all federal agencies seeking to upgrade connectivity on Tribal lands coordinate such upgrades with Native Nations and the Native Nation Broadband Fund grant-making process.

The NOI seeks comment on:

• The need for a Native Nations Broadband Fund.
• In light of the Tribes’ experience with Recovery Act funding through the Broadband Initiatives Program (BIP) and the Broadband Technology Opportunities Program (BTOP), are there lessons learned that could inform the establishment of a Native Nations Broadband Fund, both in terms of administration and purposes?
• What level of funding is necessary to fulfill the purposes identified in the National Broadband Plan and how should it be allocated and administered?
• To what extent should the Native Nations Broadband Fund provide support for new market entry development and deployment?
• Should this fund be prioritized to presently unserved Tribal lands?
• Are there administrative issues that, if addressed at the establishment phase, would make implementation of a Native Nations Broadband Fund more efficient, cost-effective, and accessible to potential beneficiaries on Tribal lands?
• What entity or entities should administer such a fund?
• Given current fiscal constraints on the federal government, are there alternative ways to accomplish the goals set forth in the National Broadband Plan without such a fund?

C. Native Nations Business Models for Deployment

D. Native Nations Adoption and Utilization

The National Broadband Plan cited a number of barriers to broadband adoption and utilization for all consumers, including cost, digital literacy, relevance, and accessibility. The Plan recommended a series of guiding principles for broadband adoption and utilization, including: focusing on barriers to adoption; focusing on broadband in the home; promoting connectivity across an entire community; promoting broadband utilization; planning for changes in technology; measuring and adjusting adoption plans; and forming partnerships across stakeholder groups. The Plan also made a number of recommendations to address the cost, digital literacy, relevance, and accessibility barriers to broadband adoption and utilization

The FCC seeks comment on the challenges faced by Native Nations in achieving broadband adoption and utilization.

• Do the barriers identified in the National Broadband Plan represent a comprehensive assessment of the barriers to adoption and utilization that exist on Tribal lands and Hawaiian Home Lands?
• Are there different and/or additional barriers that are unique to Tribal lands and Hawaiian Home Lands?
• What role do, or should, anchor institutions such as schools, libraries, health care facilities, and Native Nation offices, play in the deployment and subsequent adoption and utilization of broadband on Tribal lands?
• Are the universal service schools and libraries program, or E-rate, community use rules being used on Tribal lands and, if so, how have the rules made a positive impact on adoption and utilization?
• What impact has telemedicine had on Tribal lands, or what impact could it have if widely available in Native communities?
• What other types of anchor institutions on Tribal lands play an important role in adoption and utilization by the members of Native Nations?
• What adoption models have worked on Tribal lands?

E. Defining Tribal Lands

F. Eligible Telecommunications Carrier Designations on Tribal Lands
The National Broadband Plan recommended that “Tribal governments should play an integral role in the process for designating carriers who may receive [universal service] support to serve Tribal lands.” For example, the Plan recommended that the ETC designation process should require consultation with the Native Nation after a carrier files a petition to serve a particular Tribal land area and also should require the carrier to file a plan with both the Commission (or the state, in those cases in which the carrier is seeking ETC designation from the state) and the Native Nation on proposed plans to serve the area.

The universal service low-income program is comprised primarily of two components – Lifeline and Link Up. Lifeline reimburses ETCs for discounting eligible low-income consumers’ monthly bills for basic, local telephone service. Link Up reimburses ETCs for discounting connection charges incurred when an eligible low-income consumer commences service for the first time or at a new address. The Commission’s rules provide for enhanced, or additional, Lifeline and Link Up support for ETCs serving eligible low-income consumers living on Tribal lands. That is, Tier 4 of Lifeline support provides up to an additional $25 per month discount on telephone service for eligible residents of Tribal lands, while Link Up provides up to an additional $70 reduction in connection charges for eligible residents of Tribal lands. A number of carriers have sought and received ETC designation for the purpose of participating in the Lifeline program only.

A major objective of high-cost universal service support historically has been to help ensure that consumers have access to telecommunications services in areas where the cost of providing such services would otherwise be prohibitively high. Currently, the Commission’s rules provide federal high-cost support to non-rural and rural carriers under different support mechanisms. While rural carriers receive support based on their embedded costs, support to non-rural carriers is based on the forward-looking economic cost of constructing and operating the network, as determined by the Commission’s cost model. Last month, the Commission adopted the Connect America Fund Notice of Proposed Rulemaking, in which we sought comment on issues affecting Native Nations.

G. Public Safety and Homeland Security

H. Cultural Preservation and Section 106 of the National Historic Preservation Act

I. Satellite-Based Services

The FCC’s licensing policies provide a broad degree of flexibility to satellite operators to provide a mix of services. Thus, multiple satellite systems provide two-way high-speed Internet access to homes and businesses within the United States. Download speeds for these networks providing Internet access are currently in the range of 1-2 Mbps, and upload speeds range from 128 kbps to 300 kbps, with higher speeds proposed for next generation systems. In light of the rapid development of the Internet subscriber market, multiple satellite operators plan to launch next generation Ka-band GSO FSS space stations in the near term for service in the United States and globally. Further, while best known in the context of business applications, Ku-band GSO FSS space stations are also utilized to provide individual consumers with Internet connectivity. In addition, some MSS space stations provide high-speed Internet access for mobile and portable applications. Some systems are designed to be integrated with terrestrial mobile networks, and provide seamless communications capability where terrestrial infrastructure is not available. The FCC seeks comment on how these existing services are currently used to provide Internet service on Tribal lands and comment on any barriers to such use. The FCC also seeks comment on how planned services could be used on Tribal lands.

J. Disability Matters in Native Nations

The National Broadband Plan acknowledged many barriers and emphasized the importance of ensuring that Americans with disabilities have the same opportunity to benefit from broadband, hardware, software, services, and digital content as everyone else. The FCC takes this opportunity to explore the impact that such barriers have had on Americans with disabilities who are living on Tribal lands, and invites comment from Native Nations and their communities to begin a dialogue on how to reduce and eventually eliminate such barriers.

K. Consultation and Coordination with Native Nations

The National Broadband Plan noted that “developing and executing a plan to ensure that Tribal lands have broadband access and that Tribal communities utilize broadband services requires regular and meaningful consultation with Tribes on a government-to-government basis.” On August 12, 2010, the FCC created the Office of Native Affairs and Policy (ONAP) to implement a National Broadband Plan recommendation that it establish such an office “to consult regularly with Tribal leaders …” and “develop and drive a Tribal agenda in coordination with other FCC Bureaus and Offices.” ONAP is charged with ensuring robust government-to-government consultation with federally-recognized Native Nation governments and coordination with other Native organizations; working with Commissioners, Bureaus, and Offices within the FCC, as well as with other government agencies and private organizations; to develop and implement policies for assisting Native communities; and to ensure that Native concerns and voices are considered in all Commission proceedings and initiatives.

The FCC seeks comment on how to meet its obligations with respect to issues of both national and individual importance. The FCC seeks comment on how the Commission should structure the consultation and coordination process. For example, are there factors that apply uniformly to all consultations with Native Nations, or do specific issues require particular types of structural approaches to consultation? How can the FCC most effectively consult with Native Nations to achieve a meaningful exchange of information and perspectives?

The FCC seeks comment on the format, frequency, and process for properly engaging with Native Nations in consultation and training efforts.