FCC Vows to Keep Focus on Communications in Indian Country

FCC Chairman Julius Genachowski noted the “familiar and depressing” statistics concerning communications on tribal lands, where only 68 percent of households have basic phone service and fewer than 10 percent have broadband. “These statistics are beyond unacceptable,” he said. “They've been cited long enough. What’s needed now is not more talk, but action.”

A wireless notice of inquiry seeks comment on creation of a special tribal fund as part of the Universal Service Fund, as well as other policy changes that could increase availability of wireless in Indian country. An accompanying notice of proposed rulemaking seeks comment on five separate proposals for expanding coverage on tribal lands. It asks questions about a secondary market negotiation process under which tribes could work with incumbent licensees to bargain for access to spectrum in unserved or underserved areas and a proposal for more effective tribal bidding credits in spectrum auctions. Several of the proposals were suggested by native groups. The commission also approved tribal rural radio orders and a further NPRM.

Jefferson Keel, president of the National Congress of American Indians, said 2010 saw progress, as native issues were mentioned prominently in the National Broadband Plan, the FCC created an Office of Native Affairs and Policy, and broadband stimulus funds flowed in part to tribal areas. But more must be done, Keel said. “We urge the FCC to visit tribal lands and meet with tribal leaders to see the needs of their communities first hand,” he said.

The FCC tribal office is a good first step, but it must have authority to get things done, Keel said. “If it becomes just another tribal desk in another federal agency it will not be an effective instrument for the FCC or for native nations,” he said. “It must be fully staffed and fully funded to handle the many issues that we face.” Keel also cautioned commissioners that many of the tribes rely on USF to fund the basic phone service now available in Indian country.

"For many years we have been trying to find better spectrum,” said Robert Smith, chairman of the Pala Band of Mission Indians. “Now we look to you, the FCC, to step up and make a difference … by creating new opportunities to be self sufficient and provide more opportunities directly to tribes.” Tribes know how to serve their own communications needs if given a chance, he said. “No one would have provided the network we built to support our people but us."

Joseph Manuel, lieutenant governor of the Gila River Indian Community, said the FCC should direct USF funds to tribal groups looking to provide 911 emergency service to their people. Manuel also said tribal phone companies like the one operated by Gila River will continue to rely on the USF just to provide basic phone service. Phone penetration in the tribe is at 86 percent, he said. “That is higher than many tribes and there’s a reason for it,” he said. “Of the approximately 2,100 residential access lines … 84 percent use Lifeline service."

Geoffrey Blackwell, chief of the FCC Office of Native Affairs and Policy, told commissioners he has logged thousands of miles on a “listening tour” since he was appointed to the post last year. “Several times we have had to reset our phones and our BlackBerrys, log off and log back in, and set our out-of-office automatic reply messages to let folks know we are traveling in unconnected regions,” he said. “We have seen first hand the alarming lack of services in Indian country.”

Commissioner Michael Copps said the FCC’s examination of communications issues on tribal lands offers “a real opportunity” to identify and solve long apparent problems. “On my visits to Indian country, I have seen first-hand how much harm the lack of telecommunications infrastructure is inflicting on the people living on and near Tribal lands, Alaska Native villages and Hawaiian Home Lands,” Copps said. “In so many places where Native Americans live, poverty endures, unemployment is at levels no society should tolerate, education languishes, and even basic public safety falls far short of what people have a right to expect. Modern telecommunications and ubiquitous media are strangers in much of Indian country."

"I am particularly encouraged that we seek to identify commission rules that are currently barriers to the provision of service on Tribal lands,” Commissioner Robert McDowell said of the spectrum NOI. “If we identify particular rules during the comment cycle, I hope that we take a serious look at reviewing the reasons behind those rules in a timely manner and move forward in removing unnecessary barriers where appropriate."

Commissioner Meredith Baker said the statistics are “staggering” in native areas. “Communications services that many take for granted -- something as simple as a dial tone, bars on a mobile phone, and the most basic access to the Internet -- are just missing in many areas,” she said. “With regard to those initiatives the tribes have been seeking for years, and for which we have a developed a sufficient record -- such as access to broadcast and wireless spectrum -- we should strive to adopt rules as soon as possible, said Commissioner Mignon Clyburn.