Digital Divide

Overview: Tribal Eligibility in the Digital Equity Act Grant Programs

tlmorri3 — Wed, 28 Aug 2024 16:34:42 +0000

Overview: Tribal Eligibility in the Digital Equity Act Grant Programs

tlmorri3 August 28, 2024

AIPI Blog

Overview: Tribal Eligibility in the Digital Equity Act Grant Programs

Despite many advancements in broadband connectivity over the past three years, Native American communities still lack critical internet infrastructure development to achieve meaningful internet access. Federal programs like the BEAD Program and the Tribal Broadband Connectivity Program are focused on addressing the need for internet infrastructure; however, meaningful internet access means more than just need. The true extent of “meaningful” considers both need and how people are able to benefit and participate in work, school fully, and all the other aspects of online life.

The National Digital Inclusion Alliance (NDIA) defines widespread meaningful internet access as Digital Equity, and the work needed to achieve Digital Equity goes beyond infrastructure development. Once internet access is available, people still need access to affordable internet service, devices and digital skills education. Metaphorically, “meaningful” access is akin to a two-sided coin: one side presents the need while access, resources, and other considerations complete the flip-side of the coin structure.

The Infrastructure Investment and Jobs Act (AKA Bipartisan Infrastructure Act) provided significant investments in internet infrastructure and Digital Equity activities. The Act facilitated the development of State Digital Equity Plans along with grants to implement the plans. Earlier this year the Notices of Funding Opportunity (NOFO) were released for the Digital Equity Capacity Grant Program and the Digital Equity Competitive Grant Program. Both these programs could assist digital equity work in Tribal communities.The following table shows a brief comparison of Tribal eligibility in the two programs.

	DE Capacity Grant	DE Competitive Grant
Total Program Funding	$840 million	$750 million (+$250 million in FY25)
Tribal Set Aside	$45.3 million	$37.5 million (+12.5 million in FY25)
Estimated Tribal Award	$500,000 - $2 million	$5 million - $12 million
Eligibility for Tribal Set Aside	Federally Recognized Tribes Alaska Native Entity Native Hawaiian Organizations	Federally Recognized Tribes Alaska Native Entity Native Hawaiian Organizations
Tribal Consortium Eligibility	Yes, however, applicants submitting their own application cannot join consortium application	Native Entities may partner with other eligible entities, including non-Native entities Native Entity must apply and serve as Authorized Representative Application must benefit Tribal members
Project Scope	DE planning & DE activities related to DE plans DE activities alone NOT ELIGIBLE for DE planning alone	Develop and implement DE activities Broadband adoption activities Digital skills and workforce development Devices (i.e. laptops) Public internet access centers
Performance Period	5 years beginning on award date	4 years beginning on award date
Matching Funds	No requirement	10% matching requirement
Match Funds Waiver	N/A	Waiver available
Allocation Type	Competitive	Competitive
Tribal Application Open	September 25, 2024	July 24, 2024
Tribal Application Deadline	February 7, 2025	September 23, 2024

The key difference for Native American Tribes in the two programs is eligibility related to State or Tribal Digital Equity plans. The Digital Equity Capacity Grant Program focuses on organizations and activities included in State Digital Equity plans. Tribes that are included in State Digital Equity plans or have their own Tribal Digital Equity plan are eligible to apply for the Digital Equity Capacity Grant. Tribes also have the option to use the Capacity Grant Program to develop their own Digital Equity plan along with activities to implement it. However, Tribes cannot apply for Digital Equity planning alone.

The Digital Equity Competitive Grant Program is broader and can fund organizations and Digital Equity activities outside of state and Tribal Digital Equity plans. The Competitive Grant Program allows non-Native entities with Tribal authorization to partner with Native entities on Digital Equity initiatives that serve Tribal members. The application deadline for the Competitive Grant Program is coming up on September 23, and any interested applicants should be sure to review the Competitive Grant Program NOFO and FAQ for more information. NDIA also has resources for Competitive Grant Program applicants. The Arizona Commerce Authority also hosts meetings on the Arizona Digital Equity Plan and related activities. Please continue to follow AIPI for updates on these programs and other Tribal broadband developments.

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August 28, 2024

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Policy Explainer: Digital Equity Act Programs Update

bsantist — Mon, 24 Jun 2024 18:30:12 +0000

Policy Explainer: Digital Equity Act Programs Update

bsantist June 24, 2024

AIPI Blog

Policy Explainer: Digital Equity Act Programs Update

The Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law or BIL) created several new programs to expand broadband access. The BIL established the Broadband Equity, Access, and Deployment Program (BEAD) and funded the Tribal Broadband Connectivity Program to promote the expansion of broadband infrastructure. Additionally the BIL also included the Digital Equity Act Programs (DEA) to promote the adoption of broadband technology.

This explainer will briefly describe each program and how Tribal Nations can participate. It will also give a short update on the status of each part of the program as of the time this document is published. Please visit the DEA programs website for information on how to apply and additional information on these grant programs.

This explainer will include three important details about each program within the Digital Equity Act Programs (DEA): (1) A short description of each program, (2) How Tribal Nations can participate, (3) Status update of each part of the program as of the time of this document’s publication. Please visit the DEA programs website for information on how to apply and additional information on these grant programs.

The following 3 grant programs make up the DEA programs:

State Digital Equity Planning Grant Program - Eligible entities encouraged to apply for this program included states, territories, and Tribal Nations. The main purpose of this program was to help applicants create a digital equity plan to develop solutions to digital equity barriers. $60 million was allocated to this program with Arizona receiving about $1.1 million to develop its own digital equity plan. This program is in its closeout phase and NTIA has announced that all 50 states have submitted their digital equity plans for approval.

Tribes interested in applying to this program had a different process than states. NTIA stated in the program FAQs that Tribes must submit letters of intent, then NTIA would follow up with further instructions on how to apply. However, the planning grant program received an overwhelming response from Tribes, resulting in planning grant funding moving to the State Digital Equity Capacity Grant Program.

State Digital Equity Capacity Grant Program - This program builds upon the planning grant program,it is intended to help applicants implement their digital equity plans that were developed under the planning grant program. This capacity grant program is allocated $1.44 billion which will be dispersed to states through a funding formula. The program NOFO shows that Arizona will receive just over $16 million. Arizona’s plans to implement the AZ Digital Equity Plan also depend on the approval of the AZ BEAD Initial Proposal Vol. 2. Currently, Arizona and several other states are in the process of getting their initial proposals approved by the NTIA. Awards from this program must be issued by NTIA no later than August 28, 2024.

The program NOFO also explains the planning grant program received a substantial amount of letters of intent from Tribes, which caused problems with oversubscription. Therefore, unused money and the Tribal set aside money from the planning grant program was added to this capacity grant funding program’s Tribal set aside amount. NTIA is designating $45.3 million for Tribal applicants to the capacity grant program.

Tribal Nations are eligible to apply to this program. However, the process is different from states and territories. The Tribal application window will be open from September 25, 2024 - February 7, 2025. This capacity grant program will not award Tribes who are applying for a standalone planning grant. Planning grant funding will only be awarded in conjunction with capacity grant funding to address digital equity plan implementation.

Digital Equity Competitive Grant Program - This grant program is also meant to support digital equity activities. This grant will allow applications from entities other than state governments and Tribal Nations. Currently no NOFO exists to describe the details of this grant program. However, the BIL requires that the competitive grant program begin no later than 30 days after capacity grant awards start going out.

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June 24, 2024

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Explainer: BEAD Challenge Process: AZ BEAD Program Update

bsantist — Wed, 13 Mar 2024 20:36:31 +0000

Explainer: BEAD Challenge Process: AZ BEAD Program Update

bsantist March 13, 2024

AIPI Blog

Explainer: BEAD Challenge Process: AZ BEAD Program Update

On March 1, 2024, the Arizona Commerce Authority (ACA) initiated Arizona’s challenge process as required by the Broadband Equity, Access, and Deployment Program (BEAD). The BEAD is a federal grant program administered by the National Telecommunications and Information Administration (NTIA). The BEAD is meant to expand access to high-speed internet across the country, and Arizona has been awarded approximately $993 million to accomplish this goal. This challenge process is the latest step in implementing BEAD, following the development of Arizona’s BEAD Five-Year Action Plan and BEAD Initial Proposals Vol.1 and Vol. 2 in 2023. The full details of Arizona’s BEAD challenge process are on the ACA’s challenge process website, and this explainer will give an introduction to the process.

The BEAD challenge process is a key part of the program because it gives an opportunity to correct the data used to determine how and where BEAD funding is utilized. The BEAD program is based on connecting Broadband Serviceable Locations (BSL), such as houses and apartment buildings, and Community Anchor Institutions (CAI), such as schools and libraries. Therefore it is crucial that data on a BSL in a given area is accurate so that connectivity needs are addressed. Arizona’s BEAD challenge map is an interactive map that shows individual BSLs and CAIs and the information associated with those locations. This map should be reviewed to see if the state’s information on a given location is accurate.

The NTIA guidance document explains that states have 120 days to complete the entire challenge process. This means that the publication of BSLs and CAI data, challenge submission period, rebuttal period, and final determinations must all be completed within 120 days. The ACA established the following timeline for Arizona’s challenge process:

March 1, 2024 - challenge process portal open for registration
March 15, 2024 - challenge process submission starts and rebuttal starts on a rolling basis, service providers will have 15 calendar days from a notification of a challenge to provide a rebuttal
May 14, 2024 - challenge process submission ends
May 15 - June 30, 2024 - Final determination phase

Not everyone is eligible to submit a challenge. The BEAD NOFO only allows states to accept challenges from four categories of challengers. Eligible challengers must register on the ACA website and identify themselves as a part of one of the categories:

Local governments
Tribal governments
Nonprofit organizations
Internet service providers

The Arizona BEAD challenge map uses data from the FCC’s National Broadband Map. However, the BEAD challenge process does not allow challenges to add new BSLs or other locations to the Arizona BEAD challenge map. Challenges regarding new BSLs or other locations can be submitted to the FCC, but they will not be reflected on the Arizona BEAD challenge map. The BEAD challenge process allows for nine different types of challenges based on the circumstances at each BSL identified on the map. These challenge types are:

Availability
Speed
Latency
Data Cap
Business Service Only
Is/is not part of an Enforceable Commitment
Planned Service
Location is/is not a Community Anchor Institution (CAI)
CAI qualifying broadband service is unavailable/available

These challenges can be applied to individual BSLs and CAIs marked on the Arizona BEAD challenge map. Below is a brief explanation of challenge types from the NTIA Model Challenge Process:

Availability & Business Service Only - These challenge types involve the internet service available at a given BSL. Challenges can include screenshots of information from provider websites, declined service requests, and other evidence that providers do not provide residential service to the BSL.
Speed, Latency, & CAI qualifying broadband service - These challenges address internet performance at a given BSL. Online speed tests are used to see how the internet at a BSL measures up to BEAD speed and latency thresholds. Internet speeds at 25/3 Mbps or less are unserved. Speeds between 25/4 - 100/20 Mbps are underserved. In addition to these speed thresholds, latency must also be under 100 ms. For CAIs, internet speed has to meet the 1/1 Gbps threshold to consider the CAI served.
Data Cap - This challenge involves internet service at a BSL that is subject to a data allowance. The NTIA Model Challenge Process indicates that any internet service plans with a data allowance lower than 600 GB/month would be classified as unreasonable.
Technology - This challenge involves the service technology (i.e. wireless, cable, or fiber) available at a given BSL. Information on the residential gateway unit at a BSL is needed to determine if the challenge process map correctly reflects the technology that is available.
Enforceable Commitment & Planned Service - These challenges involve information on other sources of funding for broadband deployment and/or information on current deployment projects scheduled for completion by June 30, 2024. The BEAD NOFO does not allow duplicate funding for a given BSL. Therefore, these challenges may require information on funding commitments or ongoing construction. Additional information such as Tribal Government Resolutions may be required for Tribal areas.
Not part of enforceable commitment - These challenges involve information on areas with enforceable commitments that will not cover 100% of the BSLs in that area.
Location is/is not a CAI - These challenges involve BSLs that may or may not be CAIs. Information on the current status of the facility as well as the information on the location’s operation would be needed to make the determination.

Please refer to the ACA’s BEAD Challenge website for full details and the latest updates on the BEAD challenge process in Arizona. The ACA website has information on how to register as a challenger, datasets for BSLs and CAIs, and upcoming webinars. The ACA is also hosting weekly office hours on the challenge process and preparing to begin the Connecting Arizona Engagement Tour. Continue to follow AIPI for updates on Tribal broadband in Arizona as well as nationally.

Printable copy here.

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March 13, 2024

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Call to Action: Review Arizona’s Digital Equity Plan

bsantist — Wed, 17 Jan 2024 22:45:59 +0000

Call to Action: Review Arizona’s Digital Equity Plan

bsantist January 17, 2024

AIPI Blog

Call to Action: Review Arizona’s Digital Equity Plan

Last week, the Arizona Commerce Authority (ACA) released a draft of the Arizona Digital Equity Plan. This plan gives an overview of Digital Equity challenges in Arizona and outlines goals and objectives to solve them. The plan defines Digital Equity as “The condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy.” Therefore, the ACA developed a Digital Equity Plan that promotes Digital Equity for economic growth, workforce development, improving education and health, and providing access to essential services within Arizona. The plan outlines Digital Equity goals and objectives, an overview of challenges and resources, and a county-by-county review of key demographic data.

The ACA’s Digital Equity Plan also complies with the national State Digital Equity Planning Grant Program (DEA) and supports Arizona’s initiatives for the Broadband Equity, Access, and Deployment Program (BEAD). Under DEA Program requirements, this Digital Equity Plan must focus on Digital Equity challenges faced by the following covered populations:

Individuals who live in low-income households
Aging individuals
Incarcerated individuals other than individuals incarcerated in a Federal correctional facility
Veterans
Individuals with disabilities
Individuals with a language barrier, including individuals who are English learners and have low levels of literacy
Racial and ethnic minorities
Rural inhabitants

Under the DEA Program requirements, Tribal nations are not considered a separate covered population. Tribes are generally included in the racial and ethnic minorities category of covered populations. However, The ACA acknowledges that many Tribes are located within Arizona and that Tribal land makes up approximately 28% of the land within the state. Therefore, the plan recognizes some specific Tribal broadband barriers and includes the following Tribal-related goals:

Provide training to Tribal Digital Navigators on Arizona’s low-cost plan
Work with Tribes to determine Digital Equity Specialists and ensure they get certified
Increase the number of Tribal Digital Equity Plans
Work with Tribes to assess the need for health navigators and ensure that every Tribe has access to a Telehealth Access Point and health navigator by 2030

The ACA strongly encourages feedback on the Digital Equity Plan. The ACA website accepts input via online form, email, or phone. The comment period will be open until the end of the day on February 1, 2024. The plan outlines the ACA’s stakeholder engagement effort with a general timeline for its upcoming statewide outreach schedule. Please follow the ACA and AIPI for more updates on Arizona Tribal broadband developments.

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January 17, 2024

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ACP Update and Call to Action

bsantist — Thu, 11 Jan 2024 21:39:57 +0000

ACP Update and Call to Action

bsantist January 11, 2024

AIPI Blog

ACP Update and Call to Action

ACP Update and Call to Action 1-9-24

The Affordable Connectivity Program (ACP) faces a critical juncture. In a letter sent out earlier this week, the Federal Communications Commission (FCC) estimates that funding for the ACP will only last until April 2024. Without any additional funding, the FCC will have to begin taking steps to end the program. The FCC is requesting $6 billion from Congress to continue the ACP through the end of 2024. Lawmakers in Congress have also introduced a bipartisan and bicameral measure to help extend the ACP that would allocate $7 billion for the program from unused Treasury funding. If the ACP were to end, millions would lose their access to the internet and their ability to participate in modern life. Losing the ACP also undermines the goals of other programs like the $42.45 BEAD Program and the overall effort to close the digital divide.

The ACP is a benefit program administered by the FCC to ensure that eligible households can afford to get broadband access. The ACP offers eligible households a $30 monthly discount on internet service and a $75 monthly discount to those living on qualifying Tribal lands. Nationwide, the ACP Enrollment and Claims Tracker website shows that the program assists over 22 million households, with 318,041 of those households located on Tribal lands. Cost is one of the biggest barriers to home internet access, and the ACP is a critical tool in overcoming that barrier. Many Tribal Nations who own and operate their own networks receive an additional benefit from the ACP; subsidies from the program come back to the Tribe and help sustain their networks.

The FCC also outlined its ACP wind-down plan in the event that additional funding is not secured in a timely manner. The plan states:

No new ACP enrollments will be accepted after February 7, 2024, at 11:59 PM EST.
Households that have enrolled with an ACP internet company before February 7, 2024, at 11:59 PM EST will continue to receive their ACP benefit until ACP funds run out as long as the household remains enrolled and eligible for the benefit.
When ACP funds run out, households participating in the ACP will no longer receive the ACP discounts.
During the wind-down period, ACP households will receive notices from their ISPs about the ending of ACP, the impact on their bill, their last bill that will receive the benefit, and an option to opt-out or change their service plan.

The FCC also established the following timeline:

Late January 2024 - Information about the end of the ACP will go out from ISPs to households.
February 7, 2024, 11:59 PM EST - The deadline for any new ACP applications and enrollments. This means that households must be approved and enrolled with an ISP by this date.
April 2024 - The anticipated time frame for ACP funding to run out.

The following webinars will take place to give more information on the potential ACP wind-down. There will be time for questions during the webinar, and questions can be submitted to acpinfo@fcc.gov.

Wednesday, January 17, 2024, at 1:00 PM ET at the following link: https://fcc-gov.zoomgov.com/webinar/register/WN_kAwILcEDTcG5c86YCnNQhg
Thursday, January 18, 2024, at 1:00 PM ET at the following link: https://fcc-gov.zoomgov.com/webinar/register/WN_kAx2_E2GQCGXYMwxSQCywg

The continuation of the ACP is essential, and the program’s future is in the hands of lawmakers. If Congress cannot pass legislation to extend the ACP, then internet affordability efforts fall on states and internet providers who may not be able to offer the same affordability assistance as the ACP. Many community organizations, including Tribal organizations, support this latest bill to extend ACP funding. For more information, please visit the FCC’s ACP website. If you would like to voice your opinion on the continuation of the ACP, you may contact your Senator or Representative. Please continue to follow AIPI for updates on the ACP and other Tribal broadband issues.

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January 11, 2024

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Policy Alert: Potential Impacts of a Federal Government Shutdown on Tribal Telecommunications

tlmorri3 — Fri, 29 Sep 2023 23:06:39 +0000

Policy Alert: Potential Impacts of a Federal Government Shutdown on Tribal Telecommunications

tlmorri3 September 29, 2023

AIPI Blog

Policy Alert: Potential Impacts of a Federal Government Shutdown on Tribal Telecommunications

At this time, the United States government will likely shut down due to Congress not coming together to pass needed legislation through a continuing resolution or the required appropriations bills. Given this situation, each federal agency has created agency contingency plans. As Tribal Government relationships with the Federal Government are intertwined, there will be many impacts on Tribal communities. One area of impact is communications and telecommunications. The shutdown will affect all agencies and programs in some capacity. This alert addresses programs administered by the Federal Communications Commission (FCC) and the Department of Commerce’s National Telecommunications and Information Administration (NTIA). However, the Federal Government maintains a website–Internet for All– consolidating all investments in the Internet, and many, if not all, of these programs will likely be wound down or somehow impacted during a government shutdown.

According to agency plans, programs from prior year appropriations or deemed core emergency programs will continue, but the extent of the continuation is unclear. For example, the Affordable Connectivity Program (ACP) functions will continue to be funded, but it is unclear if new applications and customer support for signups will be supported. It is anticipated that staffing, technical assistance, and the like will not be supported even if the program is.

Federal Communications Commission (FCC)

The FCC administers several important programs that impact broadband infrastructure development in Indian Country, such as the Affordable Connectivity Program (ACP) and the E-Rate program. The FCC’s shutdown plan states that broadband affordability programs like the ACP program will continue during a lapse but does not specifically mention the E-rate program. The FCC’s plan outlines the following agency activities that will continue during a lapse:

Activities necessary for the protection of life or property.
Permissible Spectrum Auction activities that are funded through a source other than lapsed annual appropriations and not affected by the partial lapse in the FCC’s spectrum auctions authority.
Broadband data and mapping activities funded through a source other than lapsed annual appropriations.
Emergency relief programs, including the ACP, Emergency Connectivity Fund, and Telehealth Programs, are funded through a source other than lapsed annual appropriations.

FCC activities that will not continue during a lapse include but are not limited to:

Response to consumer complaints and inquiry phone lines.
Consumer protection and local competition enforcement.
Licensing services, including broadcast, wireless, and wireline.
Management of radio spectrum and the creation of new opportunities for competitive services for the American public.
Equipment authorization.
All other activities not immediately necessary for the protection of life or property or otherwise excepted or funded through a source other than lapsed annual appropriations.

National Telecommunications and Information Administration (NTIA)

NTIA programs such as the Tribal Broadband Connectivity Program (TBCP) and the Broadband Equity, Access, and Deployment Program (BEAD) are key programs for Indian Country. NTIA’s shutdown plan indicates that programs such as the BEAD program, the Enabling Middle Mile Broadband Infrastructure Program, the Digital Equity Act programs, and the Tribal Broadband Connectivity Grant program will continue through a lapse. These programs will continue to the extent that they are funded through other sources. NTIA’s plan also states that the following activities will continue through a lapse:

Management of federal spectrum;
support policy and international treaty development in the areas of the Internet economy, including online privacy, copyright protection, cybersecurity, and the global free flow of information online;
promote the stability and security of the Internet’s domain name system.

NTIA activities funded by other sources that will continue through a lapse include:

Telecommunications research and engineering

Continuing to build and operate a nationwide public safety broadband network, as well as support state and local governments to plan for their participation in the network
Implement certain grant programs
Strengthen and seek greater efficiencies with federal spectrum use.

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September 29, 2023

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Call to Action: ONAP and WTB Seek Comment on Tribal Nation and Native Hawaiian Access to Spectrum and Related Data

bsantist — Wed, 06 Sep 2023 21:07:01 +0000

Call to Action: ONAP and WTB Seek Comment on Tribal Nation and Native Hawaiian Access to Spectrum and Related Data

bsantist September 6, 2023

AIPI Blog

Call to Action: ONAP and WTB Seek Comment on Tribal Nation and Native Hawaiian Access to Spectrum and Related Data

Spectrum is an essential natural resource because it is finite and has economic and public use, purpose, and benefit. Similar to other natural resources such as water, timber, minerals, and precious metals, the use of radio frequencies (spectrum) has become integrated into everyday life. Tribal access to spectrum is required to provide wireless internet and is critical to bridging the digital divide. Access to more spectrum would enable the use of better wireless technologies and provide Tribal communities with a critical asset.

Submitting comments regarding Tribal access to spectrum is critical. Tribes must exercise their sovereign right to access and utilize this natural resource. The federal government, as trustee to Tribal Nations, must also understand and address the historical and present-day barriers that prevent Tribal access to spectrum use.

On August 4, 2023, the FCC’s Office of Native Affairs and Policy (ONAP) and the Wireless Telecommunications Bureau (WTB) released a Public Notice Seeking Public Comment (the Notice) on ways in which the Commission can improve its understanding of how and the extent to which Tribal Nations and the Native Hawaiian Community, as defined in the Notice, are able to access wireless spectrum.

The Notice states the following:

“Although Tribal Nations and the Native Hawaiian Community hold spectrum licenses in various wireless bands, the Commission’s current wireless licensing application forms do not collect information to identify Tribal or Native Hawaiian applicants. This leads to an incomplete picture of wireless spectrum access by Tribal Nations and Native Hawaiian Community.”

The Notice goes on to list more specific topics and questions sought to be addressed by Tribal stakeholders. These include:

Should there be an addition of legal entity categories or demographic questions to the wireless licensing forms to more readily identify Tribal or Native Hawaiian applicants seeking to obtain, or currently holding, spectrum licenses?
- Should the collection of this information be mandatory or optional?
- If there are multiple categories and the information collection is mandatory, would that complicate the application processes and/or frustrate applicants? Would it lead to a more or less robust response and data set?
What are the appropriate categories, questions, and terminology that will recognize both the sovereign status of Tribal Nations, as well as the broad diversity of Tribal Nations and the Native Hawaiian Community?
- Should there only be collection of identifying information from Tribal Nations or government entities, or should there also be solicitation of responses from non-governmental Tribal entities, such as businesses, or individual Tribal citizens?
- If there is solicitation of responses from non-governmental Tribal entities, what criteria should be used to identify those entities?
- How should we best collect applicant and licensing information from the Native Hawaiian Community, which does not currently have a government-to-government relationship with the United States?
To what extent have Tribal Nations and the Native Hawaiian Community been able to successfully access licensed spectrum through secondary market transactions in the recent past (for example, leasing arrangements and the partitioning or disaggregation of licenses held by carriers or other non-Tribal entities)?
Are there ways in which the Commission can expand awareness among Tribal Nations and the Native Hawaiian Community about how they can access spectrum without applying for a license (for example, General Authorized Access Tier of the Citizen’s Broadband Radio Service, unlicensed use in White Spaces, and the 5 GHz band)?

Comments to the Notice must be filed by November 30, 2023. You can submit an electronic filing by going to the Submit a Standard Filing portion of the FCC’s Electronic Comment Filing System. Comments may also be paper filings submitted via mail.

Please see the downloadable files listed on the Federal Communication Commission (FCC) webpage for the Notice to obtain more information.

For questions or concerns, please contact ONAP at Native@fcc.gov.

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September 6, 2023

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NTIA Announces A Second Round of TBCP Funding

bsantist — Mon, 31 Jul 2023 17:35:17 +0000

NTIA Announces A Second Round of TBCP Funding

bsantist July 31, 2023

AIPI Blog

NTIA Announces A Second Round of TBCP Funding

On July 27, 2023, the National Telecommunications and Information Administration (NTIA) announced a second Notice of Funding Opportunity (NOFO) to implement a second round of funding for the Tribal Broadband Connectivity Program (TBCP). The TBCP is a $3 billion program for broadband development on Tribal lands. The TBCP’s first NOFO distributed over $1.7 billion dollars on 191 projects across the country including Alaska and Hawaii. This second NOFO will make approximately $980 million available for additional broadband projects. The following sections outline some of the key information in the NOFO. For additional information please review the NOFO in its entirety or visit the NTIA’s TBCP website. Also continue to follow AIPI for more updates on Tribal broadband development.

The NTIA anticipates the following award amounts:

Up to a $500,000 equitable distribution for federally recognized tribes that have not received a previous award from the TBCP, including the previous equitable distribution
$1 million - $50 million for broadband infrastructure deployment projects proposed by a single applicant.
$100,000 - $2.5 million for broadband use and adoption projects.
Approximately $72 million to the Department of Hawaiian Home Lands per a 3% statutory set aside in addition to the set aside from the first NOFO.

Eligible entities that have previously received funding from the TBCP may apply for additional funding through this second NOFO. Eligible entities for TNCP funding include:

Tribal Governments;
Tribal Colleges and Universities;
The Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs;
A Tribal organization; or
An Alaska Native Corporation.

The TBCP is for the deployment and adoption of broadband service on Tribal Land and for programs that promote the use of broadband to access remote learning, telework, or telehealth resources. To that end, the following are eligible uses of TBCP funding:

Broadband infrastructure deployment projects, including support for the establishment of carrier-neutral submarine cable landing stations; and
Affordable broadband programs, including—
- Providing free or reduced-cost broadband service and preventing disconnection of existing broadband service;
- preventing disconnection of existing broadband service;
distance learning;
Telehealth;
digital inclusion efforts (including digital equity planning and workforce development activities); and
broadband adoption activities.

Applications may be submitted electronically or through postal mail. However, submission through the grants.gov website is NTIA’s preferred method. The following are key dates for application submissions:

Applications submitted online through the Grants.gov system must be received no later than 11:59 p.m. Eastern Time (ET) on January 23, 2024.
Applications submitted by postal mail or by courier service must be postmarked (for postal mail) or show clear evidence of mailing (for courier submissions) no later than 11:59 p.m. Eastern Time (ET) on January 23, 2024.
Applications submitted by electronic mail must be received no later than 11:59 p.m. Eastern Time (ET) on January 23, 2024.
See section D in the full announcement text of the NOFO for detailed information concerning application submission requirements.

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July 31, 2023

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Tribal Digital Sovereignty Defined

tlmorri3 — Fri, 14 Jul 2023 21:15:06 +0000

Tribal Digital Sovereignty Defined

tlmorri3 July 14, 2023

AIPI Blog

Tribal Digital Sovereignty Defined

Since at least the early 1990s, Tribal nations have been actively working to have a seat at the policy table as this new utility (for lack of a better word, though it will never be classified as such), now known as broadband, was developed. Simultaneously, Tribal allies have advocated for the same alongside Tribal Nations. Additionally, Indigenous and other researchers have been advocating for more research in this area in order to quantify the vastness of the ‘digital divide,’ a term coined in 2000 by President Bill Clinton. Indian Country didn’t need data to demonstrate just how disconnected Tribal Lands were (and still are). But data was and is a necessity to demonstrate the need to lawmakers and federal agencies the extent of the divide.

Fast forward to 2023, and now the ‘digital divide’ is framed as a digital equity issue, and rightly so. The COVID-19 pandemic shined a light on the issue in Indian Country in a way that all the data in the world couldn't (and there is still very little data). There are more allies and advocates now and more academics (a few, hopefully, more to come). And, because of the pandemic, legislative investments are infusing massive amounts of money into infrastructure–a Digital New Deal.

Tribes are no exception, as upwards of at least three billion dollars has been invested. Arguably, Native Nations are actively exercising sovereignty by using the monies for building networks, taking care of data, protecting cultural attributes, and any other digital participatory events–that is, Indigenous digital sovereignty in an active sense. The digital equity space is vast and growing, encompassing everything from policy to research, infrastructure to data, and beyond. However, the space requires some definitions.

Previously undefined, the following definitions of Tribal Digital Sovereignty in relation to Tribal Data Sovereignty and Tribal Network Sovereignty have emerged from a significant literature review in preparation for publication in a forthcoming article and book chapter. Think of Tribal Digital Sovereignty as an overarching umbrella term encompassing all facets of digital equity on reservation lands in the US. Please refer to the graphic and definitions below.

Tribal Digital Sovereignty is the umbrella term that encompasses both Tribal Network Sovereignty and Tribal Data Sovereignty. It is both the information and the physical means by which that information transfers, governed by a community's policies and codes that control the data, infrastructure, and networks.

Tribal Data Sovereignty is a subset of Tribal Digital Sovereignty, and the terms should not be conflated. Data Sovereignty refers to what flows through the network; it is intangible information. Data Sovereignty refers to control over the data transmitted on the network.

Network sovereignty is the physical infrastructure. Network Sovereignty refers to the act of building and deploying networks, which is the process of implementing Tribal self-determination policies.

While there is little literature on Indigenous or Tribal Digital Sovereignty, the term Indigenous Data Sovereignty is widely written and spoken about (primarily by academics). However, in existing literature, the terms Indigenous Data Sovereignty and Tribal Digital Sovereignty are often conflated. Some articles use the terms interchangeably, but they do not mean the same thing and should not be confused.

There is much literature on digital sovereignty globally. It's evolving as the internet evolves. Older literature talks about digital sovereignty in terms of a legal sense, an older understanding. But the definition has changed in the last twenty years. It has worldwide geopolitical implications.

Most of the literature points to the definition changing significantly as governments react to and seek to control issues such as privacy, cyber attacks, disinformation, deepfakes, and other such issues on behalf of their citizens. Indigenous Digital Sovereignty has a more holistic meaning than emerging worldwide definitions, similar to some African countries and their application of the term.

This preliminary blog post will be expanded on in a forthcoming journal article and a book chapter. As the concept evolves, more will be included under this umbrella term. Watch for the journal article by fall and the book in 2026.

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July 14, 2023

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The Affordable Connectivity Program: Sustaining Individuals and Tribal Networks

bsantist — Mon, 26 Jun 2023 22:32:55 +0000

The Affordable Connectivity Program: Sustaining Individuals and Tribal Networks

bsantist June 26, 2023

AIPI Blog

The Affordable Connectivity Program: Sustaining Individuals and Tribal Networks

The Affordable Connectivity Program (ACP) created in 2021 through the Infrastructure Investment and Jobs Act, assists qualifying households with their monthly internet bills. Families can qualify for the ACP through various methods like income or participation in programs like supplemental nutrition assistance programs or free and reduced-price school lunch programs. The ACP offers a $30 monthly subsidy for those who qualify as well as a $75 monthly subsidy for households on Tribal Lands. The ACP also provides up to a $100 discount towards a laptop, tablet, or desktop computer from participating internet providers. This program has the potential to be a safety net program upon continued funding. And in Indian Country, a safety net not only for households but for Tribal networks.

The ACP has become a pivotal part of closing the digital divide for people nationwide. Broadband may be available in many areas, but affordability can be the most significant barrier to accessing it. This is especially true for rural Tribal community members that pay more to access broadband when it is available. However, most often, the case is that Tribal communities as a whole do not have access to reliable broadband internet. The enormous cost and complicated administrative process often prevent traditional Internet Service Providers (ISP) from building to Tribal communities because there would not be enough subscribers from Tribal communities to offset costs.

The COVID-19 pandemic highlighted the glaring need for internet access for Tribal communities. In response, Congress established new funding programs to expand internet access, such as the Tribal Broadband Connectivity Program. These programs are a meaningful first step to enabling Tribal Nations to bring internet access to their communities as is evidenced by networks that Tribes have implemented because of the 2.5 GHz Rural Tribal Window. These programs provide funding for Tribes to build their own broadband infrastructure. Unfortunately, they do not have much consideration for the sustainability of these new networks. Interestingly, The ACP is becoming a key component in the sustainability of these new Tribal networks.

Through ACP Tribal networks can offer broadband service to community members who otherwise would not have connectivity. However, ACP not only connects a household to broadband internet, it also provides a subscriber that contributes to the Network’s sustainability. Here’s a few examples of how that works. Mikhail Sundust, Executive Director of Digital Connect, explains, “ACP is vital to improving broadband access on tribal lands. The continuation of ACP beyond its current federal funding allocation is crucial not only to help Tribal members get connected and stay connected, but it is also important because it can help smaller, tribally owned ISPs that are working to get up and running and seek sustainability.” Matthew Douglas, Broadband Manager for Acorn Wireless, estimates that 90% of his customers qualify for ACP, making it a critical resource for sustaining the network. The ACP was originally intended to help households afford their internet subscriptions, but we are now seeing that it plays a critical role in sustaining new Tribal networks.

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June 26, 2023

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