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Regulatory Environment/Tribal Sovereignty

Regulatory Environment/Tribal Sovereignty. Eric Jensen. Four Horizons Development Company. Regulatory Environment. Federal: Federal Communications Commission State: State Public Utility (or Regulatory) Commissions: PUCs, PRCs

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Regulatory Environment/Tribal Sovereignty

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  1. Regulatory Environment/Tribal Sovereignty Eric Jensen Four Horizons Development Company

  2. Regulatory Environment • Federal: Federal Communications Commission • State: State Public Utility (or Regulatory) Commissions: PUCs, PRCs • Tribal Jurisdiction: differs from medium to medium: wireline telecommunications (state) vs. wireless (fed): historic utility regulation (state) • Tribal: telecom regulation non-existent: Navajos

  3. What is the Federal Role in Communications? (Myth & Reality) • Federal Jurisdiction: Radiowave Spectrum: Realty • Federal Roles: Referee; Auctioneer & Fee collecter; Traffic Cop; Censor; Commodities Broker; Global Kingmaker; Technology Traffic Cop and Marketmaker & Destroyer; National Service Delivery: universal service to rural areas • Stories of the Fox and the Hencoop • Licensing Trends: rights vs. license; Universal Service; Deep Pockets; Technology Development; Security Considerations; Unlicensed Spectrum

  4. Federal Role Con’t • FCC Self-Myths: Market: (National Security; Market Maker; Auctioneer & Federal Revenue Maker); Technology: Leader/Protector; Competition vs. Market Builders • Role of Regulator: Depends on the Delivery Medium: Wireline (state); Wireless (Feds); Cable (local); Broadcast (Feds); Satellite (International) • Modern Technology Reality: Wireless Cable; Radio on Internet; Voice over Internet Protocol; Electromagnetic Transmission

  5. State’s Role • Regulate all Utility Services within the State • Responsible for seeing all regions & constituents have service (what kind & how?) • Managing Monies: Collecting Tariffs: a) state revenues; b) equalize support; c) enforcement • Supply (providers) vs. Demand (consumers)

  6. Where are the Tribes? • Historic Utility Jurisdictions: State • State by State History with Tribe: also with economic development: gaming • Tribes & Utility Governance • 562 Tribes: telecommunications decisions & options • Network focus • Cost: key factor: No Broadband: Digital Divide?

  7. Tensions • State vs. Feds: Tariffing (ETC), Nationwide standards on competition; • Fed & State vs. Technology: Internet • State vs. Tribes: Tribal Sovereignty Issues • Feds vs. Tribes: Spectrum Sovereignty • Carriers vs. Feds & State: Universal Service • Tribes vs. Carriers: Service, cost, Lifeline

  8. Tribal Sovereignty: Tribal Control • Getting Adequate Services: Nationwide Access vs. Tribal: a Supply Challenge (economics vs. discrimination); a Demand challenge (consumers, poor residents: Lifeline & Linkup) • Getting the Importance: Tribal Understanding & Priorities • Getting the Financing: the longterm vision versus the shorterm results • Taking a Stand: Sovereignty=Choice (The Mescalero Story)

  9. Eric Jensen Four Horizons Development Company

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