Improving and Increasing Broadband Deployment on Tribal Lands

“Improving and Increasing Broadband Deployment on Tribal Lands” NATIVE NATIONS COMMUNICATIONS TASK FORCE Report to the Federal Communications Commission from the Tribal Members of the Task Force Adopted November 5, 2019 Presentation to the Tribal Self-Governance Task Force January 22, 2020 Will Micklin, 3 rd Vice President Central Council of Tlingit and Haida Indian Tribes of Alaska CEO, Ewiiaapaayp Band of Kumeyaay Indians

FCC Recognition of Lack of Tribal Broadband Deployment • The Commission has recognized that “members of federally-recognized American Indian Tribes and Alaska Native Villages and other residents of Tribal lands have lacked meaningful access to wired and wireless communications services. ” See Improving Communications Services for Tribal Nations by Promoting Greater Utilization of Spectrum over Tribal Lands, Notice of Proposed Rulemaking, 26 FCC Rcd 2623, 2624, para. 1 (2011) (Wireless Spectrum Tribal Lands NPRM). • See also: Inquiry Concerning Deployment of Advanced Telecommunications Capability to All Americans In a Reasonable and Timely Fashion, 2018 Broadband Deployment Report, Docket 17 -199, FCC 18 -10 at 3, 27 -28, paras. 6, 57 -58 (rel. Feb 2, 2018) (noting that Tribal areas continue to lag behind with respect to broadband deployment). 2

General Accountability Office Report GAO-19 -75, Tribal Broadband: FCC Should Undertake Efforts to Better Promote Tribal Access to 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 3

Improving and Increasing Broadband Deployment on Tribal Lands The Consolidated Appropriations Act, 2018 SEC. 508. TRIBAL DIGITAL ACCESS. (a) TRIBAL BROADBAND DATA REPORT. — (1) IN GENERAL. —Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report evaluating broadband coverage in Indian country (as defined in section 1151 of title 18, United States Code) and on land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act. (2) REQUIRED ASSESSMENTS. —The report required by paragraph (1) shall include the following: (A) An assessment of areas of Indian country (as so defined) and land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act that have adequate broadband coverage. (B) An assessment of unserved areas of Indian country (as so defined) and land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act. (b) TRIBAL BROADBAND PROCEEDING. —Not later than 30 months after the date of the enactment of this Act, the Commission shall complete a proceeding to address the unserved areas identified in the report under subsection (a). 4

PROCESS • Process - Seeking Tribal input to inform the preparation and content of the report, as well as the subsequent rulemaking 8 FCC Tribal Work Shop was held on November 14, 2018 at the Nez Perce Event Center - After the report, the Commission will initiate a proceeding seeking public input - Aim to identify current obstacles to deployment and potential solutions, as well other issues that may be appropriate to discuss in the NPRM 5

Improving and Increasing Broadband Deployment on Tribal Lands Examples of obstacles to deployment and adoption discussed at Nez Perce Events Center on November 14, 2018 • Geographic - Checkerboard ownership, land rights, terrain, access to electricity • Demographic - Sparse population, understanding location of housing units, language barriers, computer literacy and understanding technological developments • Economic - Lack of financial incentives, cost to enter into agreements with carriers, carriers expecting Tribes to pay, affordability of service and equipment, communities often paying more than they should • Regulatory - Tribal codes burdensome, approvals from multiple jurisdictions, siloed nature of USF, 477 data overstating coverage, E-rate and RHC applications confusing, FCC obligations do not require deployment on Tribal lands 6

Improving and Increasing Broadband Deployment on Tribal Lands • Continuing the Discussion - Geography and demographics, permitting process and acquiring land rights, Tribal data, Tribal engagement, technology (middle-mile, last-mile), and broadband adoption and consumer demand • Success Stories to Emulate - Examples of Tribal lands with significant broadband deployment • Potential Areas for Improvement - Providing the FCC more granular data - Improving process for permitting - Facilitating ability to leverage all USF programs - Improving the Tribal engagement rules 7

NNCTF Members On October 24, 2018 Chairman Ajit Pai announced the appointment of nineteen (19) Tribal members and eight (8) FCC members to the FCC’s renewed Native Nations Communications Task Force. The newly appointed Tribal Task Force members are: • Honorable Susie Allen, Confederated Tribes of the Colville Reservation • Honorable Cheryl Andrews-Maltais, Wampanoag Tribe of Gay Head (Aquinnah) • Honorable Michael Conners, St. Regis Mohawk Tribe • Honorable Joe Garcia, Ohkay Owingeh Pueblo • Honorable Frankie Hargis, Cherokee Nation 8

NNCTF Members • Honorable Jefferson Keel, Chickasaw Nation • Honorable Andy Teuber, Tangela Native Village • Honorable Joey Whitman, Gila River Indian Community • Joelynn Ashley, Navajo Nation • Bill Bryant, Salt River Pima-Maricopa Indian Community • Crystal Hottowe, Makah Tribe • Kristan Johnson, Tohono O’odham Nation • Donald Long Knife, Fort Belknap Indian Community • Robert A. Lucas II, Tanana Chiefs Conference • Peter Mc. Caslin, Kenaitze Indian Tribe • Will Micklin, Ewiiaapaayp Band of Kumeyaay Indians 9

NNCTF Members • Theron Rutyna, Red Cliff Band of Lake Superior Chippewa Indians • Danae Wilson, Nez Perce Tribe, Tribal Co-Chair • Karen Woodard, Morongo Band of Mission Indians The Federal Communications Commission members are: • Matthew Duchesne, Office of Native Affairs and Policy, Commission Co-Chair • Janet Sievert, Consumer & Governmental Affairs Bureau • Sue Mc. Neil, Wireline Competition Bureau • Suzanne Tetreault, Wireless Telecommunications Bureau • Lisa Scanlan, Media Bureau 10

NNCTF Members • David Furth, Public Safety and Homeland Security Bureau • Lisa Gelb, Enforcement Bureau 11

TABLE OF CONTENTS I. EXECUTIVE SUMMARY II. INTRODUCTION III. OBSTACLES TO DEPLOYMENT ON TRIBAL LANDS IV. DISCUSSION 12

IV. DISCUSSION A. Statutory Obstacles 1. Federal Funding Single-Use Restrictions 2. Impediments with Eligible Telecommunications Carrier Designations 13

IV. DISCUSSION (Cont’d) B. Regulatory Barriers 1. Build-out Requirements Do Not Target Tribal Lands 2. Rate-of-Return Support for High Cost Rural/Tribal Areas Remains Insufficient 3. Lack of an Across-the-Board Tribal Priority for Services on Tribal Lands 4. Lack of a Standard Definition of Tribal Lands 14

IV. DISCUSSION (Cont’d) C. Economic Barriers on Tribal Lands Raise Deployment Costs and Suppress Subscribership 1. Challenging Economic Conditions on Tribal lands Inhibit Broadband Deployment and Adoption 2. Tribes Are Limited in Their Ability to Collateralize Assets to Secure Loans 3. Geography and Demographics Make Broadband Deployment More Difficult on Tribal Lands 15

IV. DISCUSSION (Cont’d) D. Tribes Are Impeded in Their Ability to Serve Their Communities by Lack of Access to Essential Broadband Building Blocks 1. Lack of Adequate Middle-Mile Connections 2. Lack of Access to Spectrum 3. Lack of Partnerships 16

IV. DISCUSSION (Cont’d) E. Tribal Data Collection Difficulties Impede Broadband Deployment Efforts 1. State Census Block Definitions 2. Mapping and Data Collection Challenges 3. Data Ownership/Governance 17

IV. DISCUSSION (Cont’d) F. Tribal Consultation and Engagement Efforts Should Be Improved 1. Tribal Consultation 2. Tribal Engagement • Points of Contact • Lack of Tribal Regulatory Codes • Lack of Notice 18

IV. DISCUSSION (Cont’d) G. Accessibility H. Adoption and Demand • Broadband adoption and demand cannot be separated – symbiotic • Affordability is crucial o Cucial adoption problem is affordability. How much technology can be purchased by limited tribal budgets? o Right pricing? Need to support the network and support reinvestment. o Breakeven point for actual deployment that includes further sustainability? 19

Report (Cont’d) VI. TRIBAL SUCCESS STORIES AND LESSONS LEARNED VII. CONCLUSION AND RECOMMENDATIONS 20

RECOMMENDATIONS VII. CONCLUSION AND RECOMMENDATIONS • Statutory Obstacles o Single-Use Funding o ETC Status • Regulatory Barriers o Build-Out Requirements o Bidding Credits o Legacy Rate-of-Return Support 21

RECOMMENDATIONS (Cont’d) • Lack of Tribal Priority for Services • Lack of a Standard Definition of Tribal Lands • Economic Barriers 22

RECOMMENDATIONS (Cont’d) • Lack of Tribal Access to Essential Broadband Building Blocks o Middle-Mile Connections o Partnerships • Tribal Data Collection • Tribal Consultation and Engagement o Consultation o Tribal Engagement • Tribal Success Stories 23