Rep. Leger Fernández Introduces House Bill to Expand Tribal Broadband Application Deadline

Press Release

WASHINGTON -- Today, Rep. Teresa Leger Fernández (D-NM), introduced the bipartisan Extending Tribal Broadband Priority Act to expand the Federal Communication Commission's (FCC's) 2.5 GHz Rural Tribal Priority Window. This legislation was originally introduced in the 116th Congress by then-Congresswoman Deb Haaland (D-NM) and Senator Elizabeth Warren (D-MA).

"Unreliable and unaffordable internet access plagues our Tribal communities. This past year, the pandemic shed its cruel spotlight on the need for accessible broadband. Internet access is no longer a luxury but a necessity that provides critical access to schooling, work opportunities, and medical care," said Leger Fernández. "This bill will extend broadband access and end unnecessary barriers that limit access for Tribal nations."

This legislation is co-sponsored by Representatives Don Young (R-AK), Angie Craig (D-MN), Ruben Gallego (D-AZ), Tom Cole (R-OK), Melanie Stansbury (D-NM), and Sharice L. Davids (D-KS).

Earlier this year, U.S. Senator Elizabeth Warren introduced the Senate companion bill.

"Far too many Native communities lack reliable internet access -- a crisis that shuts them out of a 21st-century economy, limits their access to life-saving services, and is even more urgent during the COVID-19 pandemic. The FCC didn't sufficiently recognize the difficulties many tribal nations have faced, so I'm introducing the Extending Tribal Broadband Priority Act of 2021 to give tribal nations a real chance at increasing their internet access," said Senator Warren.

This bill has received broad support from organizations including Access Now, AMERIND, AMERIND Critical Infrastructure, Center for Rural Strategies, New America's Open Technology Institute, Jicarilla Apache Nation, Pueblo of Acoma, Pueblo of San Felipe, Southern California Tribal Chairmen's Association, and the USET Sovereignty Protection Fund.

"For decades, industry has dominated the purchasing of spectrum licenses over our homelands and has either failed to deploy communications services, or charges us exceedingly high service rates for unreliable connectivity. With the FCC refusing to honor its obligations to Indian Country, Congress must step up to ensure all Tribal Nations have the opportunity to access spectrum rights over our sovereign territories. We support the Extending Tribal Broadband Priority Act, which would expand access to spectrum ownership across Indian Country," said Chief Kirk Francis, President, USET Sovereignty Protection Fund.

"With the digital divide in tribal communities made even more apparent by the ongoing pandemic, opening of a new 2.5 GHz Tribal Priority Window will provide Tribes the opportunity to take the first steps to bridging technological gaps experienced by our people. The Pueblo of San Felipe supports the introduction of the Extending Tribal Broadband Priority Act of 2021 and commends Congresswoman Leger Fernández for her work to address the unfortunate lack of reliable internet access Indian Country," said Governor Anthony Ortiz, Pueblo of San Felipe.

Background:

Only 65% of Americans living on Tribal lands in the United States currently have access to wireless broadband services leaving approximately 1.5 million people on reservations without wireless internet access.

In 2019, the FCC created a 2.5 GHz Rural Tribal Priority Window that provided Tribal Nations and Native Hawaiian organizations the ability to apply for spectrum licenses. Despite requests from stakeholders to extend the deadline at least 180 days due to the COVID-19 pandemic and time needed to ensure application completion, the FCC only extended the deadline for 30 days. The Extending Tribal Broadband Priority Act will extend the application period to at least 180 days to apply for this essential service.

The Extending Tribal Broadband Priority Act of 2021 would:

Establish a new 2.5 GHz Rural Tribal Priority Window;
Require that the FCC open this new window no later than 30 days after the bill is enacted; and
Create additional time for tribal nations and Native Hawaiian organizations to apply for unassigned spectrum licenses over tribal lands to deploy internet services.

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