Traci L. Morris

Tribal lands and the FCC White Spaces Order

Yesterday the FCC released its final decision on White Spaces (9/23/2010). The approved a proposal opens vast amounts of unused broadcast television airwaves for high-speed wireless broadband networks and other unlicensed applications.

Below are Selected quotes from Matthew Rantanan at the Southern California Tribal Digital Village.

“White Spaces Spectrum is going to finally be released to use for unlicensed. The Unanimous vote (5-0) in 2008 got the ball rolling with all of our hard efforts, and now another vote on how to govern the spectrum is pretty much a victory. It lets us use this invaluable airspace to get Internet to tribal homes in remote, geographically impossible to reach situations. All those folks on reservations like Campo, Santa Ysabel, Mesa Grande(SY Tract II), they all now have technology that will broadcast through trees and spread out areas that are nightmarish to hit with traditional unlicensed spectrum.

I’m very happy that the work that TDV has done has gotten noticed and even mentioned by one of the commissioners in their official statement about the spectrum decision.
All that hard work pays off.

Here is the press release that announces the decision.
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0923/DOC-301650A1.pdf

Here is Commissioner Mignon Clyburn’s Official statement that includes mention of Tribal Digital Village in the second paragraph.
(This is directly from our “petition for reconsideration” and the meeting I attended in DC at the Commission where we discussed this with all 5 commissioners.
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0923/FCC-10-174A5.pdf

Congratulations to all community wireless networks out there and especially tribes, this is a big step!”

Tribal Consultations on Telecommunications Held in Arizona

August 31, 2010 was a busy day for Tribal consultations in Arizona.  In the morning, the Inter-Tribal Council of Arizona hosted the USDA Rural Development Tribal Consultation at the Heard Museum and in the afternoon, the National Tribal Telecommunications Association (NTTA) held their quarterly meeting at Wild Horse Pass.

The USDA Rural Development Tribal Consultation Meeting was regarding the Substantially Underserved Trust Area (SUTA) Provision of the 2008 Farm Bill.  This facilitated two-hour consultation included Rural Development representative, Alan Stephens, the Arizona State Director and a representative from the Rural Utilities Service, Jessica Zufolo from Washington. It was a packed house, with more participants than expected.  Even though it was an Arizona tribal consultation, there was one tribal member from Cheyenne River who came for the consultation.

After an overview of rules and services, the dialogue ensued. Interestingly, while RUS deals with rural electric, water and waste disposal, telecommunications infrastructure, and distance learning and telemedicine, the topic of concern and the most discussion was broadband connectivity.  It is clear, that tribes are extremely interested and concerned about telecommunications infrastructure and access to the internet for their respective communities. The discussions just kept leading back to this issue; there was little reference to the other areas that the SUTA provisions cover.

This consultation was structured primarily as a listening session and there was a court reporter taking detailed notes. The notes on this consultation should be posted here in the near future.

The afternoon meeting was the opening session of the NTTA Quarterly Meetings. This well attended meeting was also focused on telecommunications.  The majority of the afternoon included a presentation and listening session with the new FCC Office of Native Affairs and Policy.  The Bureau Chief of this office, Geoffrey Blackwell, was joined by several members of his staff.  Blackwell gave a thorough overview of the tasks that his office will undertake. He also asked for input on how to reshape the Indian Telecommunications Initiative and make these yearly meetings more interactive.  This office promises to create two-way communications and dialogue with Indian country.

As a part of this FCC listening session, the NTTA presented information to the FCC.  NTTA’s primary issues include regulatory reform, the creation of a Tribal Broadband Fund, Tribal infrastructure and broadband access, DTV Transition results, and building Tribal policy participation in Washington D.C.

The NTTA Quarterly Meeting continued on through Wednesday September 1^st. This day was primarily spent discussing NTTA business.

Future of the Internet Public Hearing with Tribal Input

Save the Date: Thursday, Aug. 19, 2010, 6 p.m.

Future of the Internet Public Hearing

On August 19, Free Press, Main Street Project and the Center for Media Justice are co-hosting a public hearing on the Future of the Internet. This important hearing is a valuable opportunity for those outside of Washington to share their ideas, experiences and concerns with the FCC.

The hearing will feature two public interest champions, FCC Commissioners Michael Copps and Mignon Clyburn. Deliver your message directly to the commissioners and encourage them to bring it back to Washington.

The debate over the future of the Internet in America is at a critical juncture. On one side are the millions of people who have seen the Internet become a vital part of their daily routine. They’ve contacted elected officials and regulators demanding that Washington protect the open Internet and foster universal broadband access and adoption for all Americans.

On the other is a lobbying juggernaut that seeks to destroy this openness so that phone and cable companies can rebuild the Internet as a gated community that pads their bottom line.

The world is changing, and increasingly, having access to the Internet and knowing how to use it determine who stands to benefit from the new economy, and who is left behind.

They’ve had their say inside the Beltway, but the FCC needs to hear from the rest of us. Join us on Aug. 19, 2010, at a hearing to urge the FCC to protect Internet users, pass real Net Neutrality rules, and connect everyone to fast, affordable broadband service.

Location: South High School Auditorium, 3131 19th Avenue South, Minneapolis, MN

Date/Time: Thursday, Aug. 19, 2010, 6 p.m.

Featured Speakers: FCC Commissioners Michael Copps and Mignon Clyburn and Minnesota Secretary of State Mark Ritchie (All FCC commissioners are invited to speak, and other elected officials have also received invitations to speak. Additional speakers will be announced as they are confirmed.)

Tribal Participants: Native Public Media Advisory Council Member Sydney Beane, former NPM AC Member Laura Watterma Wittstock, Leach Lake Tribal Member Frank Reese. Others will be in attendance.

Contact: Steven Renderso for more information, steven@mainstreetproject.org

Event page: http://www.savetheinternet.com/mnhearing

To Watch Live:  www.mag-net.org (6-9 pm CT)

FCC Establishes Office of Native Affairs and Policy Headed by Geoffrey Blackwell

NEWS
News Media Information 202 / 418-0500
​Internet: http://www.fcc.gov
TTY: 1-888-835-5322
Federal Communications Commission
445 12th Street, S.W.
Washington, D. C. 20554

This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action.
See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).

FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT:
August 12, 2010 Dan Rumelt at (202) 418-7512
e-mail: dan.rumelt@fcc.gov
​
FCC ESTABLISHES OFFICE OF NATIVE AFFAIRS AND POLICY

Washington, DC — In order to develop and advance an agenda aimed at bringing the benefits of a modern communications infrastructure to all Native communities, the Federal Communications Commission has established an Office of Native Affairs and Policy. The office will work to promote the deployment and adoption of communications services and technologies throughout Tribal Lands and Native communities, by, among other things, ensuring robust government-to-government consultation with Tribal governments and increased coordination with Native organizations.

“Tribal lands and Native communities suffer unacceptably low levels of communications services, especially broadband,” said FCC Chairman Julius Genachowski. “Increasing connectivity in Native America is one of the FCC’s top priorities. With this new office, the Commission will work closely with Native leaders to develop and implement policies that ensure their communities enjoy the benefits of 21st Century communications infrastructure.”

The office will be headed by Geoffrey Blackwell, and will be part of the FCC’s Consumer and Governmental Affairs Bureau. “The Office of Native Affairs and Policy is a historic milestone and the culmination of many years of effort by leaders in Indian Country and at the FCC,” said Blackwell. “There is a lot of good hard work that remains on the path ahead. As Tribal Nations and Native communities exercise their sovereignty and self-determination to ensure a bright future for their generations, the entire agency now has a new capability to engage with them. Many people throughout the FCC have worked diligently on behalf of Tribes for a number of years. I look forward to working with them to further advance the Commission’s efforts on behalf of Native communities.”

The Office of Native Affairs and Policy will handle ongoing consultation and coordination with American Indian Tribes, Alaska Native Villages, Native Hawaiian Organizations, and other Native and Tribal entities, and will be the official Commission contact point for these activities. It will also engage in work with Commissioners, bureaus, and offices, as well as with other government agencies, private organizations, and the communications industries, to develop and implement FCC policies regarding Tribal Nations and Native communities.

Action by the Commission July 29, 2010, by Order (FCC 10-141). Chairman Genachowski, Commissioners Copps, McDowell, Clyburn and Baker with Commissioner Copps issuing a statement.

– FCC –

How Native Women Built the Tribal Law and Order Act : Ms Magazine Blog

Please read this great blog post on Ms. Magazine on the history of the study behind the Tribal Law and Order Act.

Repost:

As a Native feminist without apology, I’m thrilled that the Tribal Law and Order Act of 2010 has been passed to protect Native women from violence. I have fellow Native woman warrior and feminist to thank for coining that exact phrase, and in fact, the bill itself: my shero Ms. Sarah Deer.

via How Native Women Built the Tribal Law and Order Act : Ms Magazine Blog.

Emotional video from the signing of the Historic Tribal Law and Order Act

President Obama Signs Historic Tribal Law & Order Act Into Law

National Congress of American Indians Contact:
Thom Wallace
Communications Director, NCAI
202-903-3759

President Obama Signs Historic Tribal Law & Order Act Into Law

Enactment of Legislation Hailed as Historic and Will Empower Tribes to Make Communities Safer

Washington, DC - President Barack Obama has signed into law historic legislation that will significantly enhance tribal law enforcement and the coordination of enforcement with United States Government.

“Today, by enacting the Tribal Law and Order Act, President Obama and the United States government reaffirmed its federal trust responsibility to work with tribal nations to strengthen our governments, our people and our communities,” said President Jefferson Keel of the National Congress of American Indians (NCAI). “We will use the tools in the Tribal Law and Order Act to crack down on crime and make our communities safer.”

NCAI President Jefferson Keel joined tribal leaders, federal officials, tribal and human rights advocates, and tribal law enforcement officers, as the President signed into law the Tribal Law and Order Act at a signing ceremony at the White House.  The legislation was signed into law as part of the Indian Arts and Crafts Amendment Act of 2010.

Currently, Indian reservations nationwide face violent crime rates more than 2.5 times the national rate.  Some reservations face more than 20 times the national rate of violence.  More than 1 in 3 American Indian and Alaska Native women will be raped in their lifetimes, and 2 in 5 will face domestic or partner violence.  The Department of Justice has also found that at least 86 per cent of rape and sexual assault perpetrators are non-Indian.

The Tribal Law and Order Act takes a comprehensive approach to address these shortfalls by establishing accountability measures for Federal agencies responsible for investigating and prosecuting reservation crime, and by providing tribes with additional tools to combat crime locally. The Act provides law enforcement officials and tribes increased evidence sharing and federal declination data recording, access to national criminal history records, improved tribal court sentencing authority, and enables deputization of either federal or tribal agents as the situation requires.

Major provisions of the Tribal Law & Order Act include:

• Evidence Sharing and Declination Data: Requires federal prosecutors to maintain data on criminal declinations in Indian country, and to share evidence to support prosecutions in tribal court.
• Tribal Court Sentencing: Increases tribal court sentencing authority from 1 to 3 years imprisonment where certain constitutional protections are met.
• Federal Testimony: Requires Federal officials who work in Indian country to testify about information gained in the scope of their duties to support a prosecution in tribal court.
• Tribal Police Access to Criminal History Records: Many tribal police have no access to criminal history records.  The bill will provide tribal police greater access to criminal history databases that provide them with essential information when detaining or arresting a suspect.
• Improves transparency in Public Safety spending by the BIA, and requires greater consultation on the part of the BIA to tribal communities on matters affecting public safety and justice.
• Increased sexual assault training and standardized protocols for handling sex crimes, interviewing witnesses, and handling evidence of domestic and sexual violence crimes in Indian country.
• Increases recruitment and retention efforts for BIA and Tribal Police.
• Expands training opportunities for BIA and tribal police to receive training at State police academies, and tribal, state, and local colleges – where Federal law enforcement training standards are met.
• Increases Deputizations of Tribal and State Police to Enforce Federal Law: Enhances Special Law Enforcement Commission program to deputize officers to enforce federal laws on Indian lands.
• Authorizes deputization of Special Assistant U.S. Attorneys to prosecute reservation crimes in Federal courts, and encourages Federal Courts to hold cases in Indian country.
• Authorizes the Drug Enforcement Agency to deputize tribal police to assist on reservation drug raids.
• Programmatic Reauthorizations: The bill will reauthorize and improve existing programs designed to strengthen tribal courts, police departments, and corrections centers – as well as programs to prevent and treat alcohol and substance abuse, and improve opportunities for at-risk Indian youth.

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights.

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www.ncai.org

Statement by the President on the Passage of the Tribal Law and Order Act

Today’s passage of the Tribal Law and Order Act is an important step to help the federal government better address the unique public safety challenges that confront tribal communities. The fact is, American Indians and Alaska Natives are victimized by violent crime at far higher rates than Americans as a whole. Native communities have seen increased gang and drug activity, with some tribes experiencing violent crime rates at more than ten times the national average. And one in three Native women will be the victim of rape in her lifetime.

The federal government’s relationship with tribal governments, its obligations under treaty and law, and our values as a nation require that we do more to improve public safety in tribal communities. And this Act will help us achieve that. It will strengthen the relationship between the federal government and tribal governments. It will improve our ability to work with tribal communities in the investigation and prosecution of crime, and it authorizes resources for tribes to fight crime more effectively. While many members helped pass this bill, I especially want to applaud Senators Dorgan, Barrasso and Kyl, and Representatives Herseth Sandlin, Kildee, Cole, Conyers, Scott, Rahall, Simpson and Pastor for their leadership on this issue. I look forward to signing the Act into law.

http://www.whitehouse.gov/the-press-office/statement-president-passage-tribal-law-and-order-act