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

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Presentation transcript:

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 Tribal Jurisdiction: differs from medium to medium: wireline telecommunications (state) vs. wireless (fed): historic utility regulation (state) Tribal: telecom regulation non-existent: Navajos

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

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

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)

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?

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

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)

Eric Jensen Four Horizons Development Company