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Legislative
Medicare Telehealth Validation Act Introduced In Senate
(8/15/02) 
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On July 18, Senators Conrad (D-ND) and Crapo (R-ID) introduced
the Medicare Telehealth Validation Act of 2002 (S.
2750), a bill that would authorize IHS and tribal health
facilities to provide telehealth services under the Medicare
program.
Among its other provisions, S. 2770 would increase the types
of telehealth origination sites to include facilities operated
by the IHS, tribes, tribal organizations, or urban Indian organizations.
It also would expand telehealth grants available to tribes and
other entities serving rural and medically underserved communities.
A key part of the bill expands Medicare reimbursement of "store
and forward" technologies, which allow healthcare professionals
to record sessions with their patients and send those recordings
to specialists. Currently, this type of arrangement is only
reimbursed for federal telemedicine demonstration projects in
Alaska and Hawaii.
The bill has been referred to the Finance Committee.
Senate Appropriations Committee Rejects Move To Kill Technology
Programs (8/15/02)
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Senate appropriators have rejected the Administration's proposal
to eliminate two critically-important technology access programs
by keeping their funding consistent with current levels.
The Technology Opportunities Program, funded through the Commerce-Justice-State
Appropriations bill
(S.
2778, S.Rept.
107-218), is currently funded at $15.5 million and provides
competitive grants to expand telecommunications and technology
in local communities.
The Community Technology Centers program, funded through the
Labor-HHS-Education Appropriations bill (S.
2766, S.Rept.
107-216), currently receives $32.5 million for competitive
grants to create or expand technology centers that provide disadvantaged
residents of economically distressed communities with access
to information technology and related training.
The full Senate will vote on both bills after Congress reconvenes
in September. The House Appropriations Committee has yet to
act on either bill, and tribes are urged to continue to contact
members of the House Commerce-Justice-State Appropriations and
Labor-HHS-Education Appropriations Subcommittees to urge that
both programs be funded at their FY 2002 levels.
SCIA/Commerce
Committee Hold Joint Hearing on Telecommunications in Indian Country
(5/16/02)
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On May 14, the Senate Indian Affairs Committee and Senate Commerce
Committee held a joint oversight hearing to examine tribal telecommunications
issues. In their opening statements, members from both sides
of the aisle - including Senators Campbell (R-CO), McCain (R-AZ),
Burns (R-MT), Boxer (D-CA), Craig (R-ID), Inouye (D-HI), and
Cleland (D-GA) - acknowledged the disproportionate lack of basic
and advanced telecommunications and technology in Indian Country
and expressed a desire to address this critical issue.
Witnesses at the hearing included K. Dane Snowden, Chief of
the Consumer & Governmental Affairs Bureau of the Federal
Communications Commission (FCC). Mr. Snowden focused his testimony
on the FCC's plans to provide additional outreach on the Lifeline
and Link-Up universal service programs and to conduct Indian
Telecommunications Training Initiative meetings in targeted
regions. (Both of these issues are discussed in more detail
later in this update.) Mr. Snowden also stated that the FCC
intends to formalize its relationship with tribal governments
by creating a single point of entry for tribal governments within
the FCC. Mr. Snowden faced tough questioning from Chairman Inouye,
particularly regarding delays in granting Eligible Telecommunications
Carrier (ETC) status to service providers.
Other witnesses included: Susan Masten, Chairwoman of the Yurok
Tribe; Marcia Warren Edelman, President, S.M.E. LLC and former
Senior Policy Advisor for Native American Affairs, Department
of Commerce; Mike Strand, Executive Vice-President and General
Counsel, Montana Independent Telecommunications Systems; John
Stanton, Chairman and Chief Executive Officer, Western Wireless
Corporation; and, William Day, Chairman, Culture and Heritage
Committee, United South and Eastern Tribes.
Murray
Telecommunications Planning Grant Proposal Included in Senate
Farm Bill (01/22/02)
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In December, Senator Murray (D-WA) successfully amended the
Agriculture, Conservation, and Rural Enhancement Act of 2001
(S.
1731) to include up to $5 million per year for planning
and feasibility studies on the deployment of broadband Internet
services.
Legislative 2001 Archives
Rural America Technology Enhancement Act Introduced
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Rep. Leonard Boswell (D-IL) recently introduced the Rural
America Technology Enhancement (RATE) Act in an effort to
increase broadband access and technology jobs in rural areas,
including in Indian Country.
H.R. 2847 would authorize the Secretary of Agriculture to make
competitive grants for National Centers for Distance Working
in rural areas and on reservations. Eligible applicants, which
include tribal governments, could use grant funds to conduct
a five-year project involving the following activities:
- Training, referral, assessment, and
employment-related services to support the use of telework
in information technology fields
- Identifying skills needed by the business
community that will enable trainees to secure employment
- Recruiting employers
- Providing high-speed communications
between individuals in the targeted rural community and employers
- Creating access to or ownership of
facilities, hardware, software, and other equipment needed
to perform information technology jobs
Grantees would be required to provide a $1 non-federal match
for every $2 federal dollars provided in the first three project
years, which would be increased to a one-for-one match in the
last two project years. Tribal grantees would be authorized
to use self-governance funds to meet the non-federal matching
requirement.
The bill also would create a federal rural telecommunications
facilities tax credit, as well as a tax credit for high-tech
employers who hire employees in rural areas. The employer tax
credit would equal 20 percent of the qualified rural wages paid
by the employer and could not exceed $15,000 per employee per
year.
The RATE Act also would establish a new Rural Utilities Service
loan program to finance the deployment of broadband telecommunications
services to eligible rural communities. The technology-neutral
loan program would be authorized at $3 billion for fiscal years
2001 through 2005.
The bill would create a Office of Rural Technology within the
Department of Agriculture to act as a central repository of
information about all public and private program that offer
technical assistance to entities in rural areas.
Finally, H.R. 2847 would authorize a new Department of Education
program to provide competitive grants to support the expansion
of opportunities in rural areas for instruction in high technology
field and enterprises.
The billhas been referred to several different House Committees.
Dorgan, Stevens Introduce Bill To Attract
Tech Workers To Rural Areas
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On August 2, Senators Dorgan (D-ND) and Stevens (R-AK) introduced
the 21st
Century Homesteading Act (S. 1342), a bill designed to boost
the number of high-skilled technology workers in rural areas,
including Indian Country.
The bill would authorize the Agriculture Department to conduct
up to six demonstration projects to facilitate the employment
of high-tech workers in rural areas. An economic development
planning district in a rural area could apply for grant funding
equal to the amount of immigration fees paid by employers for
foreign high-tech workers in the district. These grant funds
could be used to provide education, training, equipment, and
infrastructure in connection with the employment of the foreign
workers in the district.
Economic development planning districts would have to meet
the following criteria in order to receive grant funding:
- The district is located in a state
that borders Canada;
- The counties, municipalities, or corporations
that comprise the district have signed a resolution to bring
high-tech development into the district;
- The district has an outmigration of
at least 20 percent of its population over the past 30 years;
has high unemployment or poverty rates, or has a population
that is 10 percent or more Native American;
- The district has partnered with industry
or a higher education institution to recruit high-skilled
workers into the district;
- The district has developed an incentive
package for high-skilled workers, including job offers and
other financial benefits; and
- The district has created a training
program for workers living in the district.
Up to 12,000 foreign workers would be eligible for participation
in the demonstration program, with no more than 2,000 workers
to be employed in any single demonstration project site.
The bill has been referred to the Judiciary Committee for consideration.
Congress Slashes TOP Funding
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As proposed by President Bush, the final FY2002 Commerce-Justice-State
Appropriations bill slashes funding for the Technology Opportunities
Program (TOP) from $45.4 million to $15.5 million. Tribes and
tribal organizations seeking to bridge the digital divide in
their communities will be impacted by this cut. TOP, formerly
known as the Telecommunications and Information Infrastructure
Assistance Program (TIIAP), is a competitive grant program that
provides resources to rural and underserved communities for
advanced telecommunications technologies.
In FY2001, approximately $42.8 million in grants were awardeby
the Commerce Department's National Telecommunications and Information
Administration (NTIA) to state, local, and tribal governments,
colleges and universities, and non-profit entities. Of this,
$4.23 million was provided for projects that directly benefit
Indian Country. This funding level was the highest ever.
Congress Moves To Fund Rural Internet
Deployment
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The final FY2002
Agriculture Appropriations bill sets aside $22.5 million
within the Distance Learning and Telemedicine Program to finance
broadband transmission and local dial-up Internet service in
rural areas, of which $12.5 million is to be made available
through grants. This will allow an estimated loan program level
of $80 million for broadband and Internet access and $300 million
for distance learning and telemedicine.
It also includes a Senate amendment which authorizes the Secretary
of Agriculture to make grants to regulatory commissions in states
with communities without dial-up Internet access to establish
a competitively neutral grant program to telecommunications
carriers that establish facilities and services which, in the
commission's determination, will result in the long-term availability
of affordable broadband services to rural communities.
In a related matter, on July 27, Representative Moran (R-KS)
introduced legislation that would authorize USDA loans and grants
to improve telecommunications and Internet access in rural areas.
His bill, the Rural
Telecommunications Enhancement Act (H.R. 2669), would provide
$500 million in loans ($10 million annually for FY 2002 through
2011) for entities to finance the improvement, expansion, construction,
acquisition, and operation of broadband transmission systems.
H.R. 2669 also would make $2 million per year available for
grants to be used for the same purpose. Eligible entities would
include a legally organized non-federal public or private entity,
including an incorporated or a limited liability entity, cooperative,
non-profit organization, or limited dividend or mutual association.
In determining whether to fund a specific proposal, the type
of technology proposed to be used by the applicant would not
be considered.
The Rural Telecommunications Enhancement Act, which has 29
cosponsors, has been referred to the Committee on Agriculture
and the Committee on Energy and Commerce for consideration.
No action has been scheduled for the bill to date.
Community Telecommunications Planning
Grants Bill Introduced
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On June 14, Senator Murray (D-WA) introduced legislation that
would create a grant program to help rural and underserved areas
develop plans to bring advanced telecommunications service to
their areas.
Tribal governments would be among the eligible applicants under
the Community
Telecommunications Planning Act (S. 1056), which would provide
funding to help areas build their telecommunications infrastructure.
Examples of activities that would be allowed under the grant
program include:
- Encouraging the involvement of a broad
range of community members, including business, government,
educational institutions, and telecommunications providers,
in the development of a telecommunications infrastructure
plan;
- Enhancing the focus of that plan on
a wide range of telecommunications needs, including those
related to business, education, health care, and government;
and,
- Helping to identify a wide range of
potential solutions to meet community needs through an advanced
telecommunications infrastructure.
The bill would authorize a total of $60 million for FY2002,
and such sums as necessary in following fiscal years, for the
grant program. This funding would be distributed among the following
cabinet agencies: Commerce ($25 million for FY2002); Agriculture
($25 million for FY2002); and, Education ($10 million for FY2002).
Priority for grant funding under the bill would be given to
eligible entities that propose to use their awards in rural
and underserved areas.
At the NCAI Tribal Leader Digital Divide Summit in November
2000, participants recommended additional funding for technical
assistance and feasibility studies for telecommunications infrastructure
planning. We urge tribal leaders to contact their Senators to
request that they cosponsor S. 1056 to help address the telecommunications
infrastructure gap facing Indian Country.
The NATIVE Act
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On April 24, Senators Baucus (D-MT), Daschle (D-SD), Bingaman
(D-NM), and Johnson (D-SD) introduced legislation to improve
telecommunications access in Indian Country.
The Native
American Telecommunications Improvement and Value Enhancement
Act (S. 761) - the NATIVE Act - would create a $1 billion
revolving loan fund for tribal cooperatives or tribal entities
that have partnered with a telecommunications carrier to create
wireline or wireless telecommunications infrastructure. The
interest rate on such loans would be prorated as follows:
- Two percent for a service area with
a per capita income that is 25 percent or less of the national
average;
- Three percent for a service area with
a per capita income that is less than 34 percent of the national
average;
- Four percent for a service area with
a per capita income that is less than 51 percent of the national
average; and,
- Five percent for a service area with
a per capita income that is more than 51 percent of national
average or that otherwise meets the current Rural Utilities
Service definition of hardship.
The NATIVE Act also would establish a grant program to provide
matching grants to tribes to conduct feasibility studies for
tribal telecommunications projects. The grant program would
be initially funded at $2 million, then at an amount determined
appropriate by the Secretary of Agriculture, using interest
from revolving fund loans.
Both the revolving loan and grant program would expire when
94 percent of households on tribal lands have telephone service
or ten years after the date that the first loan is made, whichever
comes first.
Rural High-Speed Internet Access Bill
Introduced
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Legislation designed to encourage the deployment of high-speed
Internet access in rural communities recently was introduced
by Democratic lawmakers in the House and Senate.
The bills (S.
966, H.R.
2038) would authorize the Agriculture Department's Rural
Utility Service, in conjunction with the Commerce Department's
National Telecommunications and Information Administration,
to provide low-interest loans and other extensions of credit
to companies that provide broadband technology to rural and
underserved areas. Eligibility would be "technology neutral,"
which means that the broadband services could be provided via
satellite, telephone, cable, wireless, or any other kind of
technology.
Funds could be used to cover the costs of the construction,
improvement, and acquisition of facilities and equipment. Eligible
entities would be any non-Federal public or private entity,
including an incorporated or limited liability entity, cooperative,
non-profit organization, or limited dividend or mutual association.
Eligible projects would have to have the ability to deliver
broadband service and make access to broadband service generally
available throughout an eligible rural community. In addition,
the following criteria would have to be considered: the extent
to which the area is unserved/underserved by broadband service;
the size of the area to be served by the project; and, the potential
number of subscribers to the service.
Loans made under the program would have an interest rate of
not more than two percent and would have a term of not more
than the assets paid for using loan funds. The aggregate value
of all loans and other credit extensions could not exceed $3
billion.
Current Senate bill sponsors are Dorgan (D-ND), Daschle (D-SD),
Johnson (D-SD), Murray (D-WA), and Wellstone (D-MN). It has
been referred to the Commerce, Science, and Transportation Committee
for consideration. The House companion bill's sponsors are Representatives
Stupak (D-MI) and Pomeroy (D-ND).
Regulatory
FCC Denies Cheyenne River Sioux Tribe Telephone
Authority Petition on Exchange Sales (8/27/02)
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On August 21, the Federal Communications Commission released
a Memorandum Opinion and Order denying a joint petition that
sought to reverse a decision by the South Dakota Public Utilities
Commission to deny the proposed sale of three telephone exchanges
by US West to the Cheyenne River Sioux Tribe Telephone Authority.
The FCC's opinion, while purporting to avoid a discussion of
federal Indian law, in many respects creates a practical barrier
to the exercise of tribal regulatory authority over telecommunications
services.
Read the NCAI
Broadcast Fax
Read the FCC
Memorandum Opinion and Order
FCC Officials Meet with Washington Tribes
(8/27/02)
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On July 31, K. Dane Snowden, Chief of the Federal Communications
Commission's Consumer and Governmental Affairs Bureau toured
the Chehalis reservation and met with several Washington State
tribes in an event hosted by the Affiliated Tribes of Northwest
Indians Economic Development Corporation and the Chehalis Tribe.
Mr. Snowden was accompanied by Kris Monteith, his Associate
Bureau Chief.
During his presentation, Mr. Snowden provided an overview of
the FCC's policy priorities, stating that they fall into the
following six areas: broadband deployment; media (digital conversion
for broadcasters); homeland security; competition; FCC modernization;
and, spectrum allocation.
Mr. Snowden focused the majority of his remarks on telecommunications
in Indian Country, acknowledging that it is critical to health,
safety, and economic development. He said that the FCC's goals
in working with tribes are to increase access to telecommunications
through outreach and education and to promote joint ventures
and the creation of tribal telephone companies
As an example, he discussed the FCC's Indian Telecommunications
Training Initiative (ITTI), which is designed to improve the
telephone penetration rate in Indian Country, deploy telecommunications
infrastructure, and inform tribal consumers about the Lifeline
and Link-Up subsidy programs. ITTI will be conducted as a series
of regional workshops and through one-on-one meetings with tribes,
and will kick off on September 19 in Phoenix.
Mr. Snowden then outlined the FCC's new "Get Connected:
Afford a Phone" initiative, which is designed to promote
Lifeline and Link-Up as a means of improving telephone subscribership
to low-income consumers. The FCC will be sending a "Dear
Tribal Leader" letter to all federally recognized tribes
about this initiative, but information is available in the meantime
at http://www.fcc.gov/cgb/getconnected/ or by calling 1-888-CALL-FCC.
During a lengthy question and answer session, many tribal representatives
expressed great frustration in working with local providers
on the Lifeline and Link-Up program. In response, Mr. Snowden
said that large numbers of consumer complaints will trigger
FCC enforcement actions, but barring that, the FCC works to
"constantly" remind carriers about the statutory requirement
to provide outreach. In response, the Washington Attorney General's
Office stated that the FCC should develop a measurement to gauge
the effectiveness of outreach vs. program participation rates.
Another participant in the meeting recommended that the FCC
create a map showing wireless penetration on Indian lands, a
suggestion that Ms. Monteith thought would be useful in showing
whether carriers are meeting their build-out requirements.
FCC
Seeks Comments on Schools and Libraries E-Rate Program
(03/12/02)
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The Federal Communications Commission announced on February
19 that it is reviewing its regulations governing the universal
service program for schools and libraries (e-rate program)
FCC
Waives Regulations To Provide Rural, Native Alaskans With Internet
Access (01/18/02)
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The Federal Communications Commission last month waived its
universal service rules so that rural and Native Alaskans will
have the opportunity to gain Internet access through schools
and libraries.
Regulatory 2001 Archives
Universal Service Board
Seeks Comments on Lifeline and Link-Up Service
FCC Seeks Comments on Expanding Universal
Service Support
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On September 5, the Federal Communications Commission published
a notice
seeking comments on its definition of universal service, including
whether to expand the types of telecommunications services eligible
for support.
The FCC's universal service programs are intended to ensure
that consumers in all regions of the nation have access to telecommunications
services at affordable and reasonably comparable rates. There
are currently four universal service programs, each designed
to address a specific category of universal service needs. The
high-cost program provides support for telephone service in
high-cost areas of the county. The low-income program provides
support to enable low-income consumers to obtain and retain
telephone service. The schools and libraries program provides
support to assist schools and libraries in purchasing telecommunications
and information services. The rural health care program provides
support to assist rural health care providers in purchasing
telecommunications and information services. These programs
are open to all eligible applicants, including American Indians
and Alaska Natives.
Currently, nine core services are eligible for universal service
support: single-party service; voice grade access to the public
switched telephone network; Dual Tone Multifrequency signaling
or its functional equivalent; access to emergency services;
access to operator services; access to interexchange services;
access to directory assistance; and toll limitation services
for qualifying low-income consumers.
The Federal-State Joint Board is seeking comments on whether
any services (such as advanced or high-speed Internet access,
expanded area services, intrastate or interstate toll services,
or prepaid calling plans) should be added to or removed from
this list, as well as on how those core services should be defined.
According to the 1996 Act, the Joint Board and FCC must consider
the extent to which core services:
• Are essential to education, public health, or public
safety
• Have, through the operation of market choices by customers,
been subscribed to by a substantial majority of residential
customers
• Are being deployed in public telecommunications networks
by telecommunications carriers
• Are consistent with the public interest, convenience,
and necessity
Comments are due on or before November 5, 2001. Reply comments
are due on or before January 4, 2002.
U.S. Patent and Trademark Office Publishes
Official Insignia Database Procedures
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On August 24, the U.S. Patent and Trademark Office (USPTO)
published a Federal
Register notice 
setting forth final procedures for the creation of a database
of official insignia of federally and state recognized tribes.
The Trademark Law Treaty Implementation Act, P.L. 105-330 required
the USPTO to study issues surrounding the protection of the
official insignia of federally and state-recognized tribes.
One of the recommendations included in its 1999 report was the
creation of a comprehensive database of official insignia.
Inclusion of an official insignia in the database will not
be the equivalent of registering it as a trademark and will
not create any legal presumption, validity, or priority. This
is in direct contrast to recommendations by tribal leaders and
to the protection provided to the insignia of state, municipal,
and foreign governments.
Instead, the database will be used by USPTO attorneys when
they consider requests for trademarks that may be similar or
identical to tribal insignia. In some cases, the USPTO may decide
not to grant a trademark registration based on the similarity
of the proposed trademark to a tribal insignia.
Requests to include a tribal insignia in the database must
include the following:
• Depiction of the insignia;
• Copy of the tribal resolution adopting the insignia in
question as the official insignia of the tribe; and
• Statement, signed by an official with authority to bind
the tribe, confirming that the insignia included with the resolution
is identical to the official insignia adopted by tribal resolution.
A non-federally recognized tribe also would be required to
submit either a document issued by a state official that shows
the tribe is state-recognized or a citation to a state statute
that designates it as a state-recognized tribe.
The database, will be available to the general public through
the USPTO's website, as part of the Trademark
Electronic Search System (TESS).
Links
The Federal Communications
Commission has a website that provides detailed information
about its recent rulemaking proceedings to increase technology
access and affordability on and near reservations. Among other
things, it contains information on the Lifeline program, which
substantially reduces the price of basic local phone service for
income eligible customers on tribal lands; the new process for
receiving universal service support for companies who seek to
serve tribal lands as an eligible telecommunications carrier;
and the changes to FCC auction rules to provide greater incentives
for wireless carriers to serve tribal lands.
Thomas, the Library of
Congress' legislative site, provides comprehensive information
about Congressional activities, including bill summaries and text,
committee reports, and votes.
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