The United States Office of the Comptroller is hosting a webinar at the end of the month called “Banks Finance Broadband in Rural Areas & Indian Country” aimed at banks and local leaders looking to form partnerships to fund broadband projects for rural and tribal communities across the country. 

In addition to providing basic information on how community financial institutions can work with local governments, participants in a 2017 partnership which brought broadband to Fort Berthold Indian Reservation will be present to discuss their experience and answer questions.

Register for the event by clicking here.

New Rule, New Financing Options

Tribal communities face a host of ongoing connectivity obstacles, all of which have been exacerbated by the current public health crisis. Native student populations are much more likely to be affected by the homework gap, a problem that will remain as states and school districts struggle to put together a cohesive connectivity plan for the upcoming school year.

The program is one of the many that together come from the OCC's participation in the Community Reinvestment Act (CRA), passed in 1977. The CRA directs federal financial regulators (including the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation) to push FDIC-insured financial institutions to meet the credit needs of the communities they’re a part of, with emphasis on low- and moderate-income regions.

Yesterday, Congresswoman Deb Haaland and Senator Elizabeth Warren introduced the DIGITAL Reservations Act, a bill which ends the current Federal Communications Commission (FCC) practice of selling wireless spectrum rights on the lands of Indian Tribes and Native Hawaiian organizations and grants ownership, management, and governance of all spectrum to those groups in perpetuity. The bill also calls for the creation of an FCC fund to support broadband efforts, an advisory team to provide regulatory and technical assistance, and a data collection program to support future connectivity efforts in those communities. It represents a dramatic new approach to addressing the digital divide in Tribal communities, which remain among the least well-connected of all across the United States today.

Breaking Down the Bill

The Deploying the Internet by Guaranteeing Indian Tribes Autonomy over Licensing on Reservations Act [pdf] offers significant investment in a multi-pronged approach. It’s driven by twin impulses. From the bill: 

To date, the [Federal Communications] Commission has failed to implement nationwide spectrum opportunities or uniform licensing for Indian Tribes and Native Hawaiian organizations to make spectrum available over their Tribal lands or account for the unmet needs of native Nations in compliance with the Federal trust responsibility.

The Commission’s actions parallel failed Federal Reservation Era policy that divided Indian land holdings and created systemic barriers to Indian Tribes’ economic development and legal jurisdictional complications on Tribal lands that continue to disadvantage Tribal communities today.

Over the next couple weeks, the Rural Assembly is hosting two livestreamed events on Internet access in rural and Native communities during the ongoing Covid-19 pandemic.

The conversations will address the topic from different angles. The first event, scheduled for Thursday, April 16 at 4 p.m. ET, will explore how people in rural areas and on tribal lands are accessing broadband and the impacts of limited connectivity. Speakers at the second session, on Friday, April 22 at 4 p.m. ET, will discuss how federal policymakers and other government officials are addressing the lack of reliable rural broadband and what more needs to be done.

Register now for the free events.

Old Problem, New Urgency

This isn’t a new concern — rural and tribal communities have struggled with inadequate connectivity since before the Internet even existed, when people had to unite to invest in their own telephone networks.

According to the Federal Communications Commission’s most recent data, broadband is still unavailable to more than 20 percent of rural Americans. Nearly a quarter of the tribal population also lacks access to broadband infrastructure. Even when broadband is supposedly available, many households still can’t subscribe because federal data overstates coverage and services aren’t always affordable or reliable.

Now, the movement of most life online in response to the spread of the novel coronavirus has raised the stakes for rural and Native communities already impacted by poor broadband access. Not only will communities without adequate connectivity have a harder time keeping people safe at home and connected to essential services like schooling and healthcare during the global crisis, but they will also face a steeper climb out of the economic recession once the pandemic recedes.

Event Details

In October, the East Oregonian reported that the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) are planning to develop a broadband network.

From the East Oregonian:

Ryan DeGrofft, an economic planner for the CTUIR, said the tribes are planning the project in three phases.

The first would create a fiber loop between the CTUIR’s government facilities and tribal enterprises like Wildhorse Resort and Casino. The second phase would connect the reservation to Pendleton’s fiber infrastructure.

The final phase would see the tribes becoming its own Internet service provider for residential customers living on the reservation.

DeGrofft cautioned that the plan was still in its early stages, and even if all phases came to pass, there still might be some remote parts of the reservation that might not get the service.

At this point, DeGrofft said the CTUIR is conducting a survey to get a sense of where Internet speeds are across the reservation. Anecdotally, even some locations in Mission are experiencing slow and spotty internet service.

DeGrofft said the project is dependent on obtaining funding through grants and other sources, so there isn’t a definitive timeline for it yet.

CTUIR is asking community members to run a speed test and submit their results. They also want to know where there is no service and encourage people to contact Tribal Services.

The tribes live in the Umatilla Indian Reservation in Umatilla County in northeast Oregon. Three tribes - Cayuse, Umatilla, and Walla Walla - make up the CTUIR. There are about 2,900 people as registered members with approximately half living on or near the reservation, which is about 290 square miles. People from other tribes and non-Native Americans also live on reservation land.

The USDA's ReConnect Program to expand broadband in rural areas has been awarding funding for several weeks now; electric and telephone cooperatives have received significant awards. In North Carolina, Atlantic Telephone Membership Corporation (ATMC) recently learned that their application for ReConnect funds has been granted and the cooperative will receive $7.9 million toward expanding their Fiber-to-the-Home (FTTH) service.

Celebrating in Columbus County

Cooperative CEO and General Manager Keith Holden, USDA State Director for North Carolina Robert Hosford, and Chief of the Waccamaw Siouan Tribe Michael Jacobs gathered at the Tribe Headquarters in Bolton to announce the award and discuss the project. ATMC will match the USDA grant with an additional $7.9 million, rather than take a loan from the ReConnect program. The total cost of the project is around $15.87 million and will deploy FTTH to more than 2,700 premises, including homes and more than 50 businesses. The infrastructure will also serve three critical community facilities, ten educational facilities, and 23 agricultural operations in northern Columbus County. 

At the event, Hosford noted that better connectivity will help agricultural establishments in the region, one of the main sectors of the local economy. 

“The health and vibrance of rural communities most usually is from farmers and forestry in this state,” Hosford said. “If those small communities are healthy, that means their farming communities are healthy, and this is just another tool in our toolbox to help these rural communities.” 

Hosford said the agriculture industry has struggled in recent months due to ongoing trade disputes, so any boost is a welcome one.

ATMC will use the funding to build out to Tabor City, Hallsboro, Lake Waccamaw, Bolton, and areas north of Whiteville.

Other Grant Sources 

Okanogan County and the Confederated Tribes of the Colville Reservation are working together in central Washington to bring last mile broadband connectivity to the region. The partners have created the Broadband Action Team (BAT)  and are working step by step to develop fast, affordable, reliable Internet access for about 42,000 people in the area. They recently released a Request for Proposals (RFP) as they search for a firm to help develop a County and Tribal Broadband Strategic Plan. Proposals are due November 26th, 2019.

Read the RFP here.

In the Face of Difficulties

Okanogan County and the Confederated Tribes of the Colville Reservation have contended with significant challenges. According to the RFP:

Much of Okanogan County, including the Colville Reservation within Okanogan County, is plagued with high unemployment, excessive poverty, and an absence of quality of life amenities that have proven to be undesirable to most residents and insurmountable barriers to 21st century economic and community development. Okanogan County and the Colville Confederated Tribes are historically and economically a distressed area. Historically, the surrounding areas within Okanogan County have been dependent on a resource-based economy. Community and economic resources have decreased dramatically as a substantial as the Omak Mill, closed. Many individuals have struggled to find work elsewhere and have either had to move, find government work, or start their own business.

Like many other communities that have decided it’s time to diversify their economy, leaders have determined that improving connectivity is necessary for economic development. Other livability issues, such as public safety, educational opportunities, and distance learning will improve in the region with the Internet access that people now lack. 

Both parties also believe that this project will help strengthen their ability to jointly collect data regarding other infrastructure needs in the area. The county and the tribe want to pursue planning for other projects and work together.

When local communities apply for funding to improve local Internet infrastructure, grants and loans are often predicated on the need to deploy to unserved and underserved premises. Whether it's federal, state, or local sources, Federal Communications Commission (FCC) data determining whether or not a region has access to broadband is often the data that funding entities rely on. In recent years, it’s become apparent that FCC data grossly understates the lack of accessibility to broadband. Finally in August 2019, the FCC called for comments as they reconsider how to collect fixed broadband data. The Institute for Local Self-Reliance teamed up with Next Century Cities and several other organizations with whom we often collaborate, submitted both Comments and Reply Comments.

Fixing the Bad Data

We’ve covered this before, and the Commission has now decided to make changes. Traditionally, FCC data on broadband Internet access has been collected from Internet service providers (ISPs) that self-report on the areas they serve via Form 477. If a company has the ability to serve one premise in a census block they report to the Commission that they serve the entire block. Reality, however, often does not reflect such a high level of connectivity in one area.

When FCC data incorrectly determines that locations have the ability to subscribe to one or more Internet access companies, those areas lose eligibility for grants and loans for Internet network infrastructure. Sadly, these places are often caught in a strange purgatory between faulty FCC data and reality in which they can’t obtain funding to build out high-quality Internet access, and yet large Internet access companies don’t consider their areas a good investment due to low population densities.