Sec. 11. Definitions
1,294 words·~6 min read·
/bill/116/s/4331/is/section-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term advisory agency memorandum means documentation to be produced by the Commission after each Tribal consultation, prior to the development of Commission policy, or execution of Commission action that impacts Tribal interests or Tribal lands. The purpose of such documentation is to make available to the public documentation of the proactive measures of the Commission to provide proper notice and guidance, introduce policy proposals, provide robust outreach, and make government-to-government training and communication accessible to Indian Tribes, Department of Hawaiian Home Lands, and interested Native Hawaiian organizations to preserve existing Tribal resources and further develop Tribal interests on Federal lands in furtherance of the trust responsibility.
Such documentation shall establish the scope, purpose, timelines, relevant Bureaus and Offices of the Commission, and relevant Commission actor for each Tribal consultation. Such documentation shall include the method for disseminating information to the public, and the dates and method of outreach to the relevant Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities. The term Commission means the Federal Communications Commission. The term critical government service means any service provided by an Indian Tribe or Native Hawaiian organization, or Department of Hawaiian Home Lands, or through an extension or qualifying Tribal entity of an Indian Tribe, that is used to— preserve or protect Tribal self-governance; control internal relations; create economic development and the opportunity for residents of Tribal lands, Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities to engage in the broadband economy, telecommunications markets, and future development of spectrum; regulate Tribal lands and internal domestic relations; or manage governmental services, buildings, or emergency response, including— response to national emergencies or biohazard threats; public safety; education; healthcare services and data; development of natural resources; postal services;
Tribal buildings (including libraries, Tribal chapter houses, long houses, senior centers, community centers, and other similar government buildings of an Indian Tribe or Native Hawaiian organization with community purpose); cultural and language preservation; voting and services relating to voting in Tribal, State, and Federal elections; services relating to the Federal census count, for the general welfare and sustainability of its Tribal lands or membership, and realization of full autonomy of resource management and economic development, activity, and opportunity; or additional essential governmental services, including infrastructure and economic development, that provide support to an Indian Tribe’s programs and services.
The term digital literacy means information and communications for the purpose of developing support for technological deployment and understanding of issues including infrastructure deployment, fiber buildout, network connectivity, spectrum market opportunities, associated Commission programs and funding opportunities, and other related resources to expedite the immediate deployment and full access to telecommunications, broadband, spectrum, and wireless services available for effective and efficient use on Tribal lands.
The term Hawaiian Home Lands means lands held in trust for Native Hawaiians by Hawaii pursuant to the Hawaiian Homes Commission Act, 1920. The term Indian Tribe means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation in the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ).
The term Native Hawaiian organization — means any organization— that serves the best interests of Native Hawaiians; in which Native Hawaiians serve in substantive and policymaking positions; that has as a primary and stated purpose the provision of services to Native Hawaiians; that is recognized for having expertise in Native Hawaiian affairs, including digital connectivity and broadband access; and that administers land applicable under paragraph (13); and includes the Department of Hawaiian Home Lands.
The term qualifying Tribal entity means an entity designated by the Indian Tribe with jurisdiction over particular Tribal lands for which the spectrum access is sought. The following may be designated as a qualifying Tribal entity : Indian Tribes. Tribal consortia which consists of two or more Indian Tribes; or an Indian Tribe and an entity that is more than 50 percent owned and controlled by one or more Indian Tribes. Federally chartered Tribal corporations created under section 17 of the Indian Reorganization Act ( 25 U.S.C. 5124 ), and created under section 4 of the Oklahoma Indian Welfare Act ( 25 U.S.C. 5204 ).
Entities that are more than 50 percent owned and controlled by an Indian Tribe or Indian Tribes. The term entity that is more than 50 percent owned and controlled by one or more Indian Tribes means an entity over which one or more Indian Tribes have both de facto and de jure control of the entity. De jure control of the entity is evidenced by ownership of greater than 50 percent of the voting stock of a corporation, or in the case of a partnership, general partnership interests.
De facto control of an entity is determined on a case-by-case basis. An Indian Tribe or Indian Tribes must demonstrate indicia of control to establish that such Indian Tribe or Indian Tribes retain de facto control of the applicant seeking eligibility as a qualifying Tribal entity , including the following: The Indian Tribe or Indian Tribes constitute or appoint more than 50 percent of the board of directors or management committee of the entity. The Indian Tribe or Indian Tribes have authority to appoint, promote, demote, and fire senior executives who control the day-to-day activities of the entity.
The Indian Tribe or Indian Tribes play an integral role in the management decisions of the entity. The Indian Tribe or Indian Tribes have the authority to make decisions or otherwise engage in practices or activities that determine or significantly influence— the nature or types of services offered by such an entity; the terms upon which such services are offered; or the prices charged for such services. The term spectrum over Tribal lands means all spectrum on Tribal lands, including wireless, radio, television, broadcast, commercial and noncommercial uses, and current generation or better wireless broadband services.
The term third-party licensee means a third party or qualifying Tribal entity that possesses valid spectrum license rights over Tribal lands, or an eligible third-party licensee that an Indian Tribe or Native Hawaiian organization chooses to negotiate spectrum licenses for telecommunications services for the agreed-upon time period of the license contract on the specified geographic area on Tribal lands where it must meet its construction obligation or requirements. The term Tribal Broadband Fund means the additional universal service support mechanism established by the Commission under section 7 to provide Federal funding to Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities from universal service contributions, auctions proceeds, or any other accounts or reserve funds available to the Commission, for the purpose of providing a source of support for infrastructure deployment, middle mile and long haul fiber buildout, adoption of digital literacy, and other related resources to expedite the immediate deployment of and full access to telecommunications, broadband, spectrum use and future development, wireless services (including wireless broadband service), and other purposes specified under section 7 for effective and efficient use on Tribal lands.
The term Tribal lands has the meaning given that term in section 73.7000 of title 47, Code of Federal Regulations, as of April 16, 2020, and includes the definition Indian Country as defined in section 1151 of title 18, United States Code, and includes fee simple and restricted fee land held by an Indian Tribe. This term also includes the definition Hawaiian Home Lands as defined under paragraph (5). The term wireless broadband service means wireless broadband internet access service that is delivered— with a download speed of not less than 25 megabits per second and an upload speed of not less than 3 megabits per second; and through— mobile service; fixed point-to-point multipoint service; fixed point-to-point service; or broadcast service.
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources