Tribal Telecom: Telecommunications Regulation in Indian Country;Note
" Journal of Legislation: Vol. 27: Iss.
1
Tribal Telecom: Telecommunications Regulation in Indian Countr y;Note
Daniel J. Adam
Recommended Citation
Tribal Telecom: Telecommunications
Indian Country
Regulation in
I. INTRODUCTION
Native American communities across the country suffer from considerable
economic depression. Native American reservations are home to the highest
unemployment and poverty rates in the nation.' There is a tremendous need for creative
economic development on tribal lands, but successful development in these regions must
seek to balance the interests of making a profit and preserving Native American values.
Native American communities may be able to achieve this dual goal by investing in
technology industries. Native American lands can potentially provide a number of
attractive incentives for hi-tech businesses.
Hi-tech entrepreneurs who locate their businesses on tribal lands may be able to
take advantage of restrictions on the government's regulatory power over these
industries. Tribes themselves may be able to run and regulate their own hi-tech
businesses on tribal lands. Such hi-tech industries could include local or long-distance
telephone service, wireless services, cable service, satellite service, internet access,
distance learning technology and telemedicine services. Hi-tech businesses could
potentially provide a lucrative and sustainable economic resource for tribes.
This note will explore the legal implications inherent in the development of
telecommunications ventures both on Native American lands, and by Native American
businesses. Part II of this note will consider the economic potential of hi-tech ventures
on tribal lands. Part III will focus on the telecommunications opportunities that may be
currently available to tribes. Part IV will consider federal regulatory authority over tribal
telecommunications, and Part V will focus on state regulatory authority. Part VI of this
note will discuss potential tribal regulatory authority over non-Indian
telecommunications businesses on tribal lands. Part VII will highlight the latest legal
developments relating to Native American communications, and Part VIII of this note
will suggest the steps necessary to promote Native American telecommunications in the
future.
II. ECONOMIC POTENTIAL
Depressed economies and a lack of jobs are serious problems to most Native
American communities in the United States. On many Native American reservations,
poverty rates exceed 50 percent.2 By contrast, the overall poverty rate in the U.S. is only
about 13 percent. 3 Most of the jobs that do exist on reservations are government-related,
and private sector job creation on reservations has been limited to a relatively few
reservations and villages.4 The Native American communities that have been able to
attract private industry have primarily only been those with either marketable natural
resources, or those with large and accessible tourist attractions.
The multi-billion dollar hi-tech industry could potentially provide many economic
opportunities for tribal nations. Native American communities could create jobs and
stimulate local economic development by starting Native-owned and operated hi-tech
companies or by attracting outside hi-tech companies onto tribally owned lands.
Although there are currently only a few hi-tech companies that are owned and operated
by Native Americans, the potential for considerable growth exists. Tribes have already
started telephone companies, cable companies, and radio stations. Some tribes are also
considering investing in television stations, wireless services, geographic positioning
services, telemedicine, and distance-learning services. Given the lucrative potential of
these hi-tech industries, many tribes could greatly improve their economic situation by
developing these types of hi-tech economies. In smaller markets, nearby Native
communities could join together to create a market large enough to sustain hi-tech tribal
enterprises.
Correctly applied, hi-tech industries could bring significant advances to tribal
economic, political, and social welfare. For example, the development of hi-tech tribal
companies would facilitate the education and training of a skilled, marketable workforce
in Native American communities. In turn, this education and training would attract other
business and investment to Native American reservations. A hi-tech tribal economy
would also help create the technology infrastructure that would allow businesses to
participate in needed telecommuting, remote computer applications, and electronic data
interchange. As a result, hi-tech tribal economies would likely encourage many types of
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TribalTelecom
businesses to create jobs on or near tribal lands. Hi-tech tribal industries could also
expand outside markets for Native American products and services through inter-tribal,
regional, national, and international marketing.5
III. TELECOMMUNICATIONS OPPORTUNITIES FOR TRIBES
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