<DOC>
[108 Senate Hearings]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:93934.wais]
S. Hrg. 108-592
NATIVE AMERICAN CONNECTIVITY ACT
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
SECOND SESSION
ON
S. 2382
TO ESTABLISH GRANT PROGRAMS FOR THE DEVELOPMENT OF TELECOMMUNICATIONS
CAPACITIES IN INDIAN COUNTRY
__________
MAY 20, 2004
WASHINGTON, DC
U.S. GOVERNMENT PRINTING OFFICE
93-934 WASHINGTON : DC
____________________________________________________________________________
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COMMITTEE ON INDIAN AFFAIRS
BEN NIGHTHORSE CAMPBELL, Colorado, Chairman
DANIEL K. INOUYE, Hawaii, Vice Chairman
JOHN McCAIN, Arizona, KENT CONRAD, North Dakota
PETE V. DOMENICI, New Mexico HARRY REID, Nevada
CRAIG THOMAS, Wyoming DANIEL K. AKAKA, Hawaii
ORRIN G. HATCH, Utah BYRON L. DORGAN, North Dakota
JAMES M. INHOFE, Oklahoma TIM JOHNSON, South Dakota
GORDON SMITH, Oregon MARIA CANTWELL, Washington
LISA MURKOWSKI, Alaska
Paul Moorehead, Majority Staff Director/Chief Counsel
Patricia M. Zell, Minority Staff Director/Chief Counsel
(ii)
C O N T E N T S
----------
Page
S. 2382, text of................................................. 2
Statements:
Inouye, Hon. Daniel K., U.S. Senator from Hawaii, vice
chairman, Committee on Indian Affairs...................... 1
Williams, J.D., telecommunications subcommittee chair,
National Congress of American Indians...................... 18
Twist, Kade L., vice president, Native Networking Policy
Center..................................................... 21
Appendix
Prepared statements:
Stensgar, Ernest L., president, Affiliated Tribes of
Northwest Indians.......................................... 31
Twist, Kade L................................................ 32
Williams, J.D................................................ 37
NATIVE AMERICAN CONNECTIVITY ACT
----------
THURSDAY, MAY 20, 2004
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The committee met, pursuant to notice, at 10:23 a.m. in
room 485, Russell Senate Building, Hon. Daniel K. Inouye (vice
chairman of the committee) presiding.
Present: Senator Inouye.
STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII,
VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS
Senator Inouye. The committee meets this morning to receive
testimony on S. 2382, the Native American Connectivity Act. The
bill would provide support in the form of grants to tribal
governments for the development of the necessary
telecommunications infrastructure so that Native communities
can have access to basic telephone service, the Internet, to
broadband, and wireless technology.
The Federal Communications Commission estimates, based on
the 2000 Census data, that on average only 67.9 percent of
Indian households on tribal reservations have telephone
service. That data also indicates that while telephone
penetration rates vary from State to State, only 49.9 percent
of Indian reservation households in Arizona have telephone
service. Even on reservations or Indian trust lands, non-Indian
homes are more likely to have telephone service than Indian
homes.
Only 10 percent of American Indian households on tribal
lands have access to the Internet, and only 17 percent of the
tribal governments across the Nation have developed
comprehensive technology plans.
A technology infrastructure study conducted 1 year before
the 2000 census by the Economic Development Administration
found that only 39 percent of rural Indian households had
computers, compared with 42 percent nationally and 8 percent of
Indian households had access to the Internet, compared with 15
percent nationally.
So these are the conditions that this bill seeks to address
by providing the much-needed support to tribal governments that
will enable them to bring their citizens and other residents of
their communities into the 21st century.
[Text of S. 2382 follows:]
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
Senator Inouye. Some of the witnesses scheduled to present
testimony to the committee are not able to be with us today,
but we have the benefit of the presence of two very
knowledgeable gentlemen who have worked extensively in Indian
country on these issues, and we look forward to receiving their
testimony.
We are most privileged to have with us J.D. Williams,
telecommunications subcommittee chair, of the National Congress
of American Indians in Washington, DC; and Kade L. Twist, vice
president, Native Networking Policy Center in Reston, VA. J.D.
Williams and Mr. Twist.
Mr. Williams? There is another person called J.D. Williams,
you know that, don't you, in Washington?
Mr. Williams. Yes; he is famous. I am infamous.
Senator Inouye. He makes a lot of money.
Mr. Williams. I do not.
STATEMENT OF J.D. WILLIAMS, TELECOMMUNICATIONS SUBCOMMITTEE
CHAIR, NATIONAL CONGRESS OF AMERICAN
INDIANS.
Mr. Williams. Vice Chairman Inouye and committee members, I
thank you for this opportunity to testify on the Native
American Connectivity Act, a measure that seeks to address a
range of critical telecommunication issues impacting tribes.
President Tex Hall sends his regards to the committee and
regrets being unable to join you today to discuss this
important matter.
As the chair of the National Congress of American Indians
Telecommunications Subcommittee, as well as the general manager
of the Cheyenne River Sioux Tribe Telephone Authority, the
oldest tribally owned telephone company in the United States
that began in 1958, I am pleased with the advances in
telecommunication infrastructure and education that this bill
proposes. NCAI strongly supports this measure and we look
forward to working with the committee as it moves to advance
this bill to passage in the 108th Congress.
Not only is a strong telecommunications infrastructure
vital to the effective functioning of our economies and
governments, it also serves an invaluable tool for education
and training of tribal members, a blessing for our infirm or
elderly who are now or who will be able to receive medical care
through telemedical services and a critical component in
efforts to preserve our cultures and languages.
This bill will enable tribes to use its programs to improve
access to all these critical tools and more. Examples abound
throughout Indian country of tribes who have prioritized the
development of a sound telecommunication infrastructure. Those
same tribes generally are among the most successful at carrying
out diversified development of all kinds within their
communities.
It is no question that high telephone penetration rates and
easier access to the Internet are hallmarks of healthy
economies. Most businesses today see high-speed Internet
access, flexible telecommunication technology, and
technologically skilled employees as absolute necessities. Some
reservations have one or two of these key commodities in place,
but most have none.
We must be able to provide these services in order to
attract a diverse array of businesses to Indian country and we
must have these services if businesses in Indian country are to
achieve long-term success.
Education and training of our tribal members are essential
ingredients to successful development. We must not only train
them to be proficient in information technology-related fields,
we must also fine ways to provide tribal members will skills
for success in all sectors of tribal government and economies.
E-training and distance learning are tailor-made for the unique
rural needs of our communities. We have needs for skills
training and continuing education, and most of us live in these
rural communities removed from education centers.
Technology to access teachers and trainers over the
Internet is a critical tool to provide our members the
opportunity to learn the skills they need to find productive
employment. The same technology can also provide us with an
avenue to increase dramatically the health and quality of
health care for our people. Telemedicine is a fast developing
arena of information technology that is particularly suited to
meeting the needs of our remote and underserved reservations.
Ailing tribal members often cannot make the long trips to
IHS clinics or other health care facilities far from their
homes. The price of gas on the Cheyenne River Reservation, I
just bought some yesterday, $2.06; folks from the east and west
end of the reservation have up to 90 miles to travel to the
only health facility on the reservation and most of those folks
just cannot afford the higher price of transportation, so
telemedicine is a good, viable alternative for us as things
change every day.
Small communities if they were provided with the
infrastructure and resources to implement such a program could
set up a tele-clinic where health professionals could address
patients and provide initial examinations over video-
conference. These services have proven to be very effective for
Indian country where currently available. National Public Radio
documented its success in a report of October last year, noting
how both doctors and patients find it far more effective than
infrequent doctor trips to the reservation or costly and
difficult trips from reservation to urban areas. I am happy to
see telemedicine as one of the goals of this legislation.
IT is also rapidly becoming indispensable in the area of
protecting our sacred rites and retaining our native languages.
The Alaska Native Language Center, the Choctaw Nation of
Oklahoma, the Cherokee Nation of Oklahoma, Fort Peck Community
College and others provide online resources or even online
instruction for students in their native languages. After
generation of declining use of native languages, a vital tie to
our traditional culture, we are bringing together our elders
and our youth online to keep our languages alive.
Vital tools for protecting sacred sites are also becoming
increasingly reliant on IT. One example is the FCC's tower
construction notification system, an all-online tool to give
tribes information about proposed construction to cell phone
towers to determine if they are a threat to sacred or
culturally significant sites. This system not only prevents
destruction of our sites, but it also gives the cell tower
industry a simple and efficient way to fulfill 106 of the
Historic Preservation Act.
These are only a few examples of the many ways that
increased access to resources for development of
telecommunications infrastructures such as those proposed in
this measure can help our communities in a very tangible
manner. S. 2382 proposes to set up two grant programs: block
grants for a wide range of telecommunication-related
activities; and training and technical assistance grants for
employee training and student programs, funded at $20 million
for the first year. Eligible entities for the funding are
broad-based as well to ensure that tribes, tribal colleges and
other entities can all work together to deliver the benefits of
this measure to tribal members.
The status of tribal telecommunications infrastructure
varies widely across the Nation. Some tribes include vast areas
within their jurisdiction that lack basic telephone service or
are struggling to keep the basic service they have. Other
tribes are providing their members with high-speed Internet
services, wireless phones, and are exploring next-generation
telecommunication technologies. The vast majority of tribes
fall somewhere in-between and are thinking about how they best
make the next step forward, improved connectivity.
There is clearly no panacea for meeting the
telecommunication needs of the tribes. Only focused resources
with flexibility to meet the unique needs of the individual
tribes can begin to address this dial tone and digital divide
in Indian country. With 12 different eligible activities plus
training, and the flexibility to enable any type of tribal
government institution, organization, or its partner to use
these funds, tribes will be able to effectively use their block
grants to meet the unique needs of their members under this
measure.
This bill would allow eligible entities to use funds to
increase tribal capacity to exercise regulatory authority by
issuing their own telecommunication regulations and codes.
Through this governmental function, tribes are not only
delineating their expectations of how service should be focused
or should be provided on their reservations, but they are also
exercising their sovereign right to manage affairs of their own
lands.
As you know, the Cheyenne River Telephone Authority is the
first tribal communication company. We have found that we are
by far the most capable provider on our reservation. We hope
that other tribes take advantage of the programs that this bill
envisions to create their own companies that exercise an
important aspect of sovereignty in the 21st century.
The ability of tribes to self-determine the best course of
action for utilizing the funds would be authorized under the
legislation, coupled with adequate enacted funding levels, are
vital to the success of this bill. Tribes will be eager to
access these funds, so funding should be certainly set at the
level of $20 million at a minimum, and all eligible activities
should be preserved as this bill moves forward.
Thank you.
[Prepared statement of Mr. Williams appears in appendix.]
Senator Inouye. Thank you very much.
May I call on Mr. Twist, please?
STATEMENT OF KADE L. TWIST, VICE PRESIDENT, NATIVE NETWORKING
POLICY CENTER
Mr. Twist. Vice Chairman Inouye, thank you for inviting me
here to testify before the committee about the Native American
Connectivity Act.
My name is Kade Twist. I am an enrolled member of the
Cherokee Nation and vice president of the Native Networking
Policy Center. The Native Networking Policy Center is a
nonprofit organization whose mission is to ensure equitable and
affordable access to and any culturally appropriate use of
telecommunications and information technologies throughout
Indian country.
The concepts of the connectivity, access and diversity
among public telecommunications systems are essential elements
of the 1934 Communications Act and the 1996 Act are still in
the year 2004 redlined around most of Indian country. It is an
oppressive and offensive picture that raises a number of
critical social justice issues. It is a picture that raises
serious questions about the public interest priorities of this
great Nation. It is also a picture that raises serious
questions about the Federal Government's commitment to
upholding its trust responsibility for American Indian people
in the area of communications.
Therefore, the Native Networking Policy Center applauds
your attempt to remedy the gross telecommunications and
information technology deficiencies of Indian country through
this proposed legislation.
The Native Networking Policy Center contends that the
Native American Connectivity Act represents a viable and
intelligent solution. The bill's strongest attribute is that it
would provide a flexible block grant funding mechanism that
emphasizes local community control over how funds are utilized;
supports technology planning, market studies and feasibility
studies; supports training, technical assistance, capacity-
building activities; and supports research and evaluation.
Notably, it is also significant in that it would not, and I
emphasize the fact, would not require tribes to compete against
State and municipal entities to gain access to the benefits of
the federal trust responsibility in the area of
telecommunications and information technology. It is also
significant that it would make investments in both sides of the
technology equation in Indian country, the infrastructure side
and the human side.
Providing equipment and infrastructure is not a solution in
and of itself for the vast telecommunications and information
technology needs of tribes and American Indian communities.
Equipment and infrastructure are merely tools. They are only
effective when they are applied for in a manner that provides
for and advances the social, civic and cultural needs of the
respective tribes and Indian communities.
There are already a number of Federal programs that have
been helpful in improving the status of telecommunications in
Indian country. I would like to emphasize the importance of
universal service. Universal service is essential to ensuring
the affordability of telecommunications services today and it
should be protected and grown in the future. However, universal
service is not a silver bullet.
I would also like to emphasize the fact that the National
Telecommunications and Information Administration's Technology
Opportunity Program, the Department of Education's Community
Technology Center Program and the Department of Agriculture's
Rural Utilities Service Broadband Technology Grant and Distance
Learning and Telemedicine Programs, all of these programs have
been beneficial. However, I would like to point out that only a
very small minority of tribes have received funding from these
programs due to their highly competitive nature and their
limited budgets.
I would also like to emphasize the point that these
programs do not address one of the most significant barriers to
telecom and IT development. That is the lack of local community
knowledge and capacity. Their emphasis is on infrastructure,
rather than the appropriate balance of both infrastructure and
training and technical assistance. While helpful, it is clear
that these programs individually and collectively have been
insufficient.
So what are the benefits of the Native American
Connectivity Act and why is it needed? The first and most
important point is the idea and the concept of local control
over how funds are utilized. It is crucial for the advancement
of tribal sovereignty and the concept of self- determination
that tribes control how funds are utilized for the development
of telecommunications IT in their respective communities. There
is no better steward of the public interest in Indian country
than the tribes themselves.
Existing Federal programs place external limits on tribal
and American Indian community decisionmaking. The Federal
Government rather than tribal governments prescribes the
priorities for the use of funds from these programs. The
effectiveness of existing programs is therefore structurally
limited because they are not designed or administered with the
specific needs of tribes and American Indian communities in
mind.
The Native American Connectivity Act would enable tribes to
better determine their technology destinies. It would promote a
higher level of tribal involvement in the conceptualizing of
telecommunications and IT development. It would also allow
tribes the flexibility they need to develop infrastructure in a
more comprehensive manner that best connects tribal entities
with tribal communities.
The second point is technology planning, market studies and
feasibility studies. Given that only 17 percent of all tribes
have technology or telecommunications plans in place, this is
an area of crisis that needs to be addressed and addressed
specifically. Appropriate and sustainable telecommunications
development cannot take place without sufficient planning. Yet,
current Federal programs do not, and I emphasize do not,
provide support for planning needs.
The Native American Connectivity Act would support planning
activities for community-wide planning processes that leverage
resources, aggregate demand for services and infrastructure,
and promote interagency collaboration, as well as collaboration
among other tribes, nonprofits and the private sector.
It would also support planning efforts necessary for
establishing tribal telephone companies, Internet service
providers, regulatory authorities, and codes; and planning
efforts to connect technology investment strategies to larger
tribal economic development strategies aimed at expanding
opportunities enabled by new technologies.
The third point is the idea of training, technical
assistance and capacity-building. American Indian communities
need access to technical assistance resources to build the
community knowledge, expertise and capacities that will enable
them to utilize these technologies effectively. A system of
training and technical assistance intermediaries is needed to
provide support that is specifically designed for the telecom
and IT needs of American Indian communities. Unfortunately at
this time, no such system of training and technical assistance
exists. No current federal program supports this type of
activity.
The Native American Connectivity Act would support the
development of a system of training and technical assistance
intermediaries for telecommunications and information
technology. It would enable tribes and Indian communities to
access an exceptional group of institutions with extensive
capacity, stability and credibility in their communities. It
would assist tribes in their efforts to establish telephone
companies, Internet service providers, regulatory authorities,
as well as develop and maintain infrastructure.
It would also promote intertribal collaboration and peer-
to-peer mentoring for addressing some of the more complex
challenges such as technology planning, technology selection,
network design, network administration, and selecting content
applications that increase the relevancy of technology among
communities.
The fourth point is research and evaluation. Existing
Federal programs simply do not provide resources for research
and evaluation. As a result, there is a lack of accurate data
that prevents tribal leaders from adequately measuring the
severity of their telecommunications and information technology
deficiencies, and thus limits their ability to make decisions
that will effectively reverse these deficiencies.
Having access to quality data is crucial for future
telecommunications development. Making such data available
dramatically increases the potential for attracting private
investment and forging partnerships with private enterprise.
Quality data also enables tribal communities to map their
telecommunications assets and aggregate telecommunications
service demand, which are critical processes to providing the
private sector with a good business case for future investment.
There also needs to be more research and analysis of
technology development processes such as tribal collaboration,
community planning, demand aggregation, attaining rights of
ways, establishing tribal telecommunications companies, and
setting up telecommunications regulatory bodies. Best practices
for these processes need to be identified and analyzed as a
means of promoting the most effective, efficient and affordable
means for deploying new technology infrastructure.
There is also a tremendous need for resources for tribes to
perform market studies and feasibility studies and related
research for developing telephone companies, because again
tribes are the best stewards of their public interest, and
oftentimes tribes do provide the best communication services to
their people because they do know how to best meet their needs.
My final point is an emphasis on no competition against
State and municipal entities. Tribes in American Indian
communities should not have to compete against State and
municipal entities to gain access to the benefits of the
Federal trust responsibility in the area of telecommunications
and information technology. I cannot emphasize this point
enough. Currently, tribes and American Indian communities have
to compete against thousands and thousands of applicants for
funding for the Technology Opportunities Program, the CTC
Center Program, the Broadband Technology Grant and Distance
Learning and Telemedicine Programs.
Due to the highly competitive nature of these programs and
their overly complicated and expensive application
requirements, for instance, the broadband technology grant,
tribes typically have to pay between $50,000 to $200,000 just
to apply for this grant, for the expertise and pre-development
planning that goes into that application process. It is
incredibly expensive and prevents 99 percent of the tribes from
even being able to apply or think about applying for that
grant. These application requirements eliminate these funding
opportunities. So for most tribes, they may as well not exist.
The Native American Connectivity Act would remedy much of
this problem. It would still award grants on a competitive
basis, but competition would be among tribes on a much more
appropriate playing field. In addition, the programmatic
priorities by which grants are awarded would be more specific
and more relative to the actual needs of tribes and American
Indian communities.
In conclusion, I urge the committee to take the necessary
steps to ensure that the Native American Connectivity Act is
enacted. The Native American Connectivity Act is unique in that
it provides assistance for both telecommunications development
and knowledge and capacity-building. Indian Country stands to
benefit most from the investment in equipment and
infrastructure that is matched with an investment in its
people.
Thank you very much.
[Prepared statement of Mr. Twist appears in appendix.]
Senator Inouye. Thank you very much, Mr. Twist.
We did some research and we note that the President has not
requested appropriations for the Technology Opportunities
Program or the Community Technology Center or the Agricultural
Technology Assistance Program. In making this decision, I do
not know what happened, but he just cited national statistics.
But if he had cited housing statistics in Indian country, he
would have found that these programs are necessary.
Recently, Governor Ridge of the Homeland Security
Department announced that he has established within the United
States in all 50 States and territories a global communications
system in which officials in different jurisdictions can
communicate with each other, and a national warning can be
issued from one command to all jurisdictions. Is there any
infrastructure in Indian country that can participate in this
national global system?
Mr. Twist. Let me defer to J.D. first.
Mr. Williams. There are certain areas on the reservation
that have excellent telecommunication infrastructure, including
broadband capability which the Homeland Security plan will
utilize that. But a majority of those, as you have cited
earlier, we are talking about the problem of connectivity, dial
tone even existing. So the forgotten American or the forgotten
lands still remain the same in those areas. When we hear
discussion about the Homeland Security, there is the big
assumption that we are 98 percent or 95 percent penetration
with adequate broadband telecommunication infrastructure
throughout America. That is just not true.
We from NCAI and Indian tribes are very concerned about
being left out due to the first responder requirements and
needs on the Indian lands.
Senator Inouye. We know that many of the reservations in
Indian country are located along our international borders. Do
you have any statistics on type of infrastructures now
available in Indian Country that I can share with the Homeland
Security people and tell them we have to do something about
this?
Mr. Twist. I think at this point one of the major problems
that we are facing is that we do not have a comprehensive
assessment of infrastructure on a tribe-by-tribe basis. There
are regional assessments that have been performed and
individual tribes that do have the resources, have performed
those assessments. The Navajo Nation for example, has performed
a reservation-wide assessment of its infrastructure.
But I think it would be more advantageous for you to
perhaps invite maybe the chief information officers of
strategically positioned tribes like the Tohono O'Odham Nation
that has a 78-mile international boundary that runs across
their nation. I know for a fact, even though they do have a
tribally owned telephone company in place, they do not have the
capacity at all to manage a crisis situation. Every day, drugs
and humans are illegally smuggled across that border. Who knows
what else could be smuggled across that border, and they do not
have the capacity to defend against that.
Before this hearing, I talked with Ben Standifer who is the
chief information officer of the Tohono O'Odham Nation. He is
almost pulling what little hair he has left on his head out
because of the frustrations and just the lack of resources to
build that kind of infrastructure capacity that they need.
They literally just are at their wits end. It is a crisis
at the Tohono Nation.
Mr. Williams. The Office of Technology Study done in 1995
cited 30 to 50 percent penetration rate, and that has been
upgraded by a study done within the FCC to a 67-percent level.
I still doubt that that percentage has even been raised that
high. We, as the oldest tribally owned telephone company, our
penetration rate is right at about 80 percent and we have been
in the business a long time. When you have 80 percent
unemployment, the poorest county in South Dakota and seventh
poorest in the United States, even when that infrastructure
runs by the home or is in that home, they cannot afford
technology. It is just not allowed because of their limited
budget.
So therefore, when you do use that number 67 percent that
is most recent and we have seen all the studies by the FCC, it
is not the same as the 95 to 98 percent that is across America.
There is a great difference of just dial tone being in those
homes, if that exists, versus high-speed Internet and the
capabilities of a home.
I find it very interesting living in this area, and
President Bush touts No Child Left Behind, when we do not have
the infrastructure or the capability to afford that
infrastructure, there are a lot of folks, including the adults,
that are left behind because we do not have access as other
folks do in the United States.
Senator Inouye. Now, both of you have referred to tele-
health and telemedicine. I know that in Alaska, there are
telemedicine projects and that they are currently available out
in Native villages. Do you know where there are telemedicine or
tele-health capacities in Indian country in the lower 48
States?
Mr. Williams. Within our own reservation, we have
telemedicine offered at an IHS facility, as well as our
community health program that is a public organization, and
service comes out of a place called Med Center One in Bismarck,
ND. But that all comes from the fact that we are a very
established telephone company with fiber-optic capability that
allows that speed of video. We also have fiber redundancy, but
that is from the high end of the spectrum of tribal telephone
company.
Kade, do you have any?
Mr. Twist. Well, one interesting example, I think, is the
rural Arizona Telemedicine Network. It was established in the
late 1990's. They invited tribal participation, but in a very
select manner, meaning they did not make it public information
necessarily. They did not advertise. They did not approach
tribal leaders and invite them personally. They just sort of
interoffice memos that eventually leaked out to the public or
however they disseminate their information there.
Navajo did participate in that and so did Hopi, probably
because they are very close to Flagstaff where the university
there, Northern Arizona State University or NSU was one of the
universities that participated in this network. So it seemed
like they cherry-picked. The tribes that were located near the
universities that participated in the network were tribes that
were invited to participate, and eventually did.
However, when tribes like the Tohono O'Odham Nation
attempted to participate in the network, they were prevented
from doing so. For whatever reasons, they were not provided
with. But still, the status of telemedicine in Indian country
in Arizona I know is very insufficient. I would invite you to
again talk with the CIO Ben Standifer about that at Tohono
O'Odham because he does have a lot of interesting examples of
how they have been excluded from those types of State programs.
Another State program that actually has been very
successful is in Oklahoma, through the OneNet. But Oklahoma has
also been ahead in a lot of their technology developments
because you have tribes located very close to major cities and
it is much more feasible economically for them to develop that
kind of infrastructure.
Still, if you look in rural Washington, rural Northern
California and Oregon, still telemedicine is an application
that is spotty at best.
Senator Inouye. Both of you have mentioned training. Are we
providing adequate training or funds to set up training
programs in Indian country?
Mr. Williams. From my perspective of operating an ongoing
telephone company, and I have been there since 1982, we have
seen probably four technology changes and it is happening every
day as technology races. So there is an extreme need to keep
employees up to par with that technology change. We probably
spend, with 50 employees, and they are not all technicians, but
probably around $40,000 a year in our training, constant
training. But we have a funding source through an operating
company to do that. We receive a lot of calls from around the
tribe and inquiries and find a very small amount of folks, in
particular young people that come from vo-tech or college
training or on-the-job training that are located in these
tribes as MIS directors, computer specialists. But those are
only a couple, seemingly, in each tribe.
I just do not think it is adequate because then the whole
reservation seems to borrow from those few talented people. It
really is all self-funded, as I see it internally within the
tribe. Perhaps you will see more of those people come from the
tribal college entity if they are lucky enough to have a tribal
college on their reservation.
Mr. Twist. I would have to say that training, again, is
very, very spotty. It is best served in communities that have
tribal colleges. I think the tribal colleges and universities
through AHEC has supported a national initiative to provide
technology training. But the vast majority of tribes do not
have tribal colleges and the vast majority of tribes do not
have any type of system of training in place.
Tribes that have been awarded CTC grants, if they have
chosen to establish training programs through those centers
established by those grants, the sustainability of those
programs has been problematic. But this is an issue ironically
where you need the infrastructure in place to have the training
in place, because one of the difficulties of sustaining a
training program is having a critical mass of students. In
rural and isolated communities, it is hard to develop that
critical mass to make it feasible to provide training.
So with distance learning, you can get the critical mass
and aggregate it nationally so that with one instructor you can
provide those training sessions, those training classes on a
national basis from one regional site. That is something that
is beginning to happen in other areas. A big development
recently, this year in particular, has been in the area of
media, of film and video training using tribal TANF dollars.
The Owens Valley, a career development corporation in
California, has been using distance learning applications to
provide film and video training which also incorporates a great
deal of IT training. You have to know how to use a computer to
use the final cut pro editing tools to edit a film. So they do
a lot of remedial computer training and software training. They
provide it through that distance learning capacity.
Also the school, DQ University out of Davis, a tribal
school, tribal college, provides distance learning classes
through the Intertribal Entertainment Program that the Southern
California Indian Center has in Los Angeles. So the kids are
able to get college credit and get training and also produce
films. That is really the side that we need to look at as well,
and that perhaps has not been addressed enough is the idea of
content and applications that promote the development of
content, because these are the things that make these
technologies most relevant.
It also underscores a strategy that I think is essential to
effective training, and that is outcome-based training
strategies that are focused on content being one of the
outcomes, content that reflects our cultures, our identities,
our goals as communities, things of that nature.
But these types of exciting training programs are very far
and few in between, and there is an effort out there. There are
people out there in Native communities that know what to do,
know how to do it, and they are searching for the resources to
make it happen. There are models that exist. It is just a
matter of how do we get the resources and build out this sort
of national network for this training and technical assistance.
Senator Inouye. So at this stage in your development,
without proper training, without proper equipment, it makes
very little difference if we open our doors and say come in,
you are not able to come in. Is that about the proper picture?
Mr. Twist. I would say precisely. Without the proper
training and without the appropriate focus on outcomes and
content, you will not have the relevancy of these technologies,
and without that relevancy you will not have community demand,
and without community demand you will not have economic
feasibility for building out infrastructure. You will not have
a market case.
So the training side is very, very important to the
economic feasibility of our infrastructure development and
sustaining that infrastructure development.
Senator Inouye. Can you work with this committee to assure
that this bill properly addresses the need for training and
technical assistance?
Mr. Twist. I would be more than happy to. I think that all
we have to do is look toward other sectors of tribal
development, for instance housing. NAHASDA created a system of
training and technical assistance intermediaries. The National
American Indian Housing Council is a best-case example of how
such an intermediary functions on a national level. My thinking
and the thinking of the Native Networking Policy Center is that
that type of intermediary is needed for telecommunications and
IT development as a way of pooling and leveraging resources,
leveraging planning, coordinating all of these types of
activities on a national scale and on a regional scale. It also
involves greater tribal commitment and tribal participation as
well.
Mr. Williams. I also think from the National Congress of
American Indians, that our organization has and is bringing
together the technology experts within Indian country, and also
a sense of educating Indian leaders. With the growing problems
on our reservations as population grows, Federal dollars are in
a decline, tribal leaders, the plate that they have to deal
with is so immense and growing that technology usually is a
last issue to even be talked about. I think the National
Congress of American Indians would very much like to be a part
of that plan and be a very focal critical instrument that you
could rely upon.
Senator Inouye. Why don't you two get together with
committee staff and add your thoughts to this process? We will
draft the bill accordingly. Okay?
Mr. Williams. Great.
Mr. Twist. Thank you.
Senator Inouye. This hearing stands in recess.
Thank you very much.
[Whereupon, at 11:10 a.m., the committee was adjourned, to
reconvene at the call of the Chair.]
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A P P E N D I X
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Additional Material Submitted for the Record
=======================================================================
Prepared Statement of Ernest L. Stensgar President, Affiliated Tribes
of Northwest Indians
Mr. Chairman and members of the committee, I appreciate the
opportunity to submit written testimony on behalf of the Affiliated
Tribes of Northwest Indians in support of the Native American
Connectivity Act. I would like to address the committee regarding the
importance of S. 2382, the Native American Connectivity Act. This act
is important to all people concerned with our Nation's security.
Tribal leaders have long been concerned with developing reservation
infrastructure to meet the unique needs of their reservations. In this
era of Self-Determination, tribes have stepped forward to overcome the
many challenges we face in order to control our own destinies. In the
wake of 9-11, it has become glaringly evident that we, as tribal
leaders, must increase our roles in developing our telecommunications
systems in order to strengthen the security and safety of our own
homelands and that of our Nation. As stewards of significant land
bases, including hundreds of miles of coastal fronts, isolated areas,
and international borders, it is our duty as well to protect any and
all infrastructure that crosses through tribal lands.
While telecommunications systems nationwide are undergoing rapid
evolution, the availability of advanced telecommunications systems
beyond plain old telephone service [POTS] is largely non-existent in
reservation communities. Most tribes are at the mercy of private
carriers that lack the incentive to invest in reservation communities,
giving them secondary attention at best. The overall lack of carrier
investment in telecommunications infrastructure in Indian country not
only compromises nationwide homeland security efforts, but also serves
to condemn reservations to insufficient public safety, economic
stagnation, and poor socio-economic conditions.
Many tribes are engaged in long-range planning efforts in order to
effectively harness and manage telecommunication assets for maximum
public benefit in alignment with their own needs. As major
stakeholders, tribes hold a deep interest in developing
telecommunications systems that are adequate enough to support the
current and future needs of: Tribal Governments, public safety
personnel [fire/medical/police], medical facilities, educational
institutes, new development, and reservation communities. In addition,
telecommunications services must be made affordable and universally
available.
Although there are many Federal programs designed to assist in
these areas, the gaps that exist often hinder tribes from fully
participating in these programs. For example, the Department of
Agriculture's Rural Utility Service [RUS] provides financing for
telecommunications infrastructure. However, tribes often lack the
upfront capital necessary to cover expenses incurred for pre-
operational activities. This includes engineering, legal research, and
staffing costs. In addition to the financial hurdles, the lack of
training and technical assistance also creates barriers in utilizing
these programs.
Another example is the Enhanced Lifeline and Linkup program. Under
current Federal Communications Commission [FCC] rules,
telecommunications carriers are required to publicize the availability
of these programs in a manner that will reach those likely to qualify.
However, carrier efforts to market these programs are minimal, and many
reservation consumers remain unaware that the programs exist. Tribes
have often had to rely on their own resources to provide adequate
outreach to their constituents.
Until recently, tribes in the Northwest used a regionalized
approach to market these programs. In this light, the ATNI Economic
Development Committee developed the Tribal Telephone Outreach program.
Two tribal outreach advocates were hired to provide training to tribes
on telecommunications and consumer rights issues. This included
training on the Lifeline and Linkup Programs for Tribal Lands. This
program ended in February 2004.
The Native American Connectivity Act is a positive step forward for
Indian country. This measure is in alignment with the principles of
tribal self-governance, and collaboration on homeland security, along
with the Telecommunications Act. The passage of this measure will
assist tribes in conducting their needs assessments, to inventory
existing and projected facilities, and identify shortfalls. It will
allow tribes to ensure that reservation residents, businesses, and
tribal entities obtain the telecommunications services and
infrastructure necessary to thrive in the information age. It will
enable them to provide adequate public safety, and to improve the
health, welfare, and socio-economic conditions of their reservations.
It offers unprecedented potential for cultural and language revival.
And finally, it will allow tribes to strengthen the security and safety
of their own homelands, leaving no gaps in our Nation's security. It is
in this spirit, we urge you to pass the Native American Connectivity
Act.
______
Prepared Statement of Kade L. Twist, Vice President, Native Networking
Policy Center
Chairman Campbell, Vice Chairman Inouye, and distinguished members
of the committee, thank you for inviting me to testify before the
Committee on Indian Affairs about the Native American Connectivity Act.
It is an honor to be herewith you today. My name is Kade L. Twist. I am
an enrolled member of the Cherokee Nation and vice president of the
Native Networking Policy Center. The Native Networking Policy Center
[NNPC] is a non-profit organization whose mission is to ensure
equitable and affordable access to, and the culturally appropriate use
of, telecommunications and information technology throughout Indian
country.
Unfortunately, far too many American Indians lack access to basic
telephone service--let alone advanced telecommunications services--and
information technology. And far too many tribes and American Indian
communities lack the knowledge and capacity they need to utilize these
technologies in a manner that advances their respective social, civic,
and cultural needs.
Therefore, NNPC applauds Senator Inouye's and the committee's
attempt to remedy these appalling deficiencies through the proposed
Native American Connectivity Act. It is clear that previous attempts to
promote market-driven solutions to these deficiencies have been
painfully inadequate in providing a timely remedy and have entirely
failed to address one of the most significant barriers to
telecommunications and information technology development: The lack of
local community knowledge and capacity. It is also clear that existing
Federal programs that provide funding assistance for the development of
telecommunications and information technology have been insufficient in
meeting the diverse and unique needs of tribes and American Indian
communities, including essential community knowledge and capacity
issues.
The NNPC contends that the Native American Connectivity Act
represents a viable and intelligent solution to the telecommunications
and information technology deficiencies among tribes and American
Indian communities. The act's strongest attribute is that it provides a
flexible block grant funding mechanism that:
(1) Emphasizes local community control over how funds are
utilized, including tribal decisionmaking and community-driven problem
solving;
(2) Supports technology planning, market studies and feasibility
studies;
(3) Supports training, technical assistance, and capacity building
activities;
(4) Supports research and evaluation;
Furthermore, the Native American Connectivity Act is significant in
that is doesn't require that tribes compete against State and municipal
entities to gain access to the benefits of the Federal trust
responsibility in the area of telecommunications and information
technology.
The future of American Indian self-determination is largely
dependent upon the ability of tribes and American Indian communities to
develop and utilize telecommunications technologies as tools for
enhancing nation building, civic engagement, economic development,
education, healthcare, language and cultural preservation, and media.
Therefore, NNPC contends that the Native American Connectivity Act will
play an important role in not only improving the status of
telecommunications in Indian country, but also improving upon the
future status of American Indian self-determination.
Background: Severity of need
Infrastructure
There is a communications crisis in Indian country that is
undermining the potential for expanding the human, economic and civic
capacities of Indian Nations and tribal members. More so than any other
racial or ethnic group in rural America, American Indians lack access
to telecommunications and information technology infrastructure and
services.
The insufficient and unacceptable state of telecommunications and
information technology in Indian country is well documented in the
written and verbal testimonies provided by tribal leaders and
stakeholders in Indian country during the May 22, 2003 hearing. I urge
you to revisit the public record for more robust background information
on the severity of the telecommunications and information technology
infrastructure deficiencies.
I also urge you to consult three important reports that provide an
appropriate context from which to evaluate the current communications
crisis in Indian country. This crisis didn't emerge overnight. And
these reports provide a useful history of how and why this is the case.
The three reports are: Telecommunications Technology and Native
Americans: Opportunities and Challenges, U.S. Congress, Office of
Technology Assessment, Telecommunications Technology and Native
Americans--Opportunities and Challenges, OTA-ITC-621, August 1995; U.S.
Department of Commerce, Economic Development Agency, Assessment of
Technology Infrastructure in Native Communities, October 1999; Benton
Foundation, Native Networking: Telecommunications and Information
Technology in Indian country, April 1999.
Because so much thoughtful information is already readily
available, and the focus of much public discourse, I will only provide
here a brief summary-or, reminder-of these infrastructure-related
deficiencies:
<bullet> \\\\\\Household telephone penetration rates for all of
Indian country are only 67.9 percent; however, for some tribes,
such as the Navajo Nation, it is only 39
percent.\1\
---------------------------------------------------------------------------
\1\ 2000 Census, as compiled by the FCC, 2003.
---------------------------------------------------------------------------
<bullet> \\\\\\Household Internet penetration rates for all of Indian
country are only 10
percent.\2\
---------------------------------------------------------------------------
\2\ U.S. Department of Commerce, Economic Development Agency,
Assessment of Technology Infrastructure in Native Communities, October
1999.
---------------------------------------------------------------------------
<bullet> \\\\\\Household personal computer penetration rates for all
of Indian country are only 15 percent.\3\
---------------------------------------------------------------------------
\3\ Ibid.
Instead of rehashing what is already on the public record, I would
like to add one important issue that is often overlooked in public
discourse pertaining to the lack of telecommunications and information
technology infrastructure: SOCIAL JUSTICE.
The concepts of equity, access and diversity among public
communications systems--essential elements of the 1934 Communications
Act and 1996 Act--are still, in the year 2004, redlined around most of
Indian country. It's an oppressive and offensive picture that raises a
number of critical social justice issues. It's a picture that raises
serious questions about the public interest priorities of this great
nation. It's a picture that raises serious questions about the Federal
Government's commitment to upholding its trust responsibility for
American Indian people.
Without household telephone service. American Indians are dying in
their homes because they don't have access to 911 services; they are
unable to attain employment because they don't have a phone; they are
unable to communicate effectively with their children's teachers or
elected leaders.
Without household Internet access American Indians are unable to
reap the benefits of an e-government democracy; they are unable to
contribute to the public sphere; they are unable to contribute to the
diversity and richness of mainstream America through the sharing of
their stories, experiences, languages and cultures.
Knowledge and Capacity
Providing equipment and infrastructure is not a solution, in and of
itself, for the vast telecommunications and information technology
needs of tribes and American Indian communities. Equipment and
infrastructure are merely tools. They are only effective when they are
applied in a manner that provides for--and advances--the social, civic
and cultural needs of respective tribes and American Indian
communities.
Even if every mile of Indian country were wired the vast majority
of tribes would not have the knowledge, expertise and organizational
capacity to effectively utilize, manage and sustain their
infrastructure. For instance, telecommunications systems are expensive
to sustain and require a large number of staff with wide array of skill
sets to keep them up and running. It requires a great deal of
experience, expertise, creativity, community education and community
organizing to utilize telecommunications systems in a manner that
compliments the cultural will of tribal people while meeting their
social and civic needs.
Therefore, the needs for building organizational capacity and
planning assistance should be viewed all stakeholders as a top
priority. Currently, the majority of Indian country does not have the
organizational capacity or planning resources to expeditiously and
efficiently build-out needed infrastructure. Likewise, the majority do
not have the knowledge and capacity to manage and utilize
infrastructure in a manner that maximizes its full potential. Perhaps
the best example of this need is the grim statistic that only 17
percent of tribes have technology infrastructure plans in place, and
only 17 percent of tribes have telecommunications plans in place. \4\
---------------------------------------------------------------------------
\4\ U.S. Department of Commerce, Economic Development Agency,
Assessment of Technology Infrastructure in Native Communities, October
1999.
---------------------------------------------------------------------------
Addressing the organizational capacity building and planning
assistance needs of Indian country is not only essential to building
out infrastructure, it is also essential to sustaining technology
investments.
Stakeholders should be mindful of the fact that Indians have just
begun the processes of making telecommunications; and information
technology fit their respective cultural and social wills. Therefore,
Indian Nations have an intense need for planning, community organizing,
training, technical assistance, capacity building assistance and the
recruitment of talent with a diversity of skill-sets. Indian Nations
must develop their organizational infrastructures, regulatory codes and
regulatory bodies to ensure the appropriate development and
sustainability of telecommunications endeavors on tribal lands, as well
as, ensuring the consumer rights of their respective tribal members.
Benefits of the Native American Connectivity Act and Why it is Needed
Local control over how funds are utilized
It is crucial for the advancement of self determination that tribes
control how funds are utilized for the development of
telecommunications and information technology within their respective
communities.
Existing Federal programs such as the National Telecommunications
and Information Administration's Technology Opportunities Program [TOP]
and the U.S. Department of Education's Community Technology Center
[CTC] Program place external limits on tribal and American Indian
community decisionmaking. The Federal Government, rather than tribal
governments, prescribes the priorities for the use of funds from these
programs. Such prescribed priorities tend to emphasize experimental and
theoretical approaches to technology development, which is beyond the
scope of the majority of tribes' technology development priorities.
In sum, the effectiveness of these programs for Indian country is
structurally limited because they are not designed or administered with
the specific needs of tribes and American Indian communities in mind.
Whereas, the Native American Connectivity Act would utilize a block
grant program to disperse funds to tribes to be used by tribes as they
see fit. The Native American Connectivity Act would promote a higher
level of tribal involvement in the conceptualizing of
telecommunications and information technology development. In addition,
the act would promote a higher level of interagency collaboration and
the leveraging of a more diverse set of interagency resources. It would
enable tribes to build upon existing infrastructure across interagency
network platforms in a manner that is more consistent with tribal and
American Indian community development priorities. And consequently, it
would allow tribes the flexibility they need to develop infrastructure
in a more comprehensive manner that better connects tribal entities
with tribal communities.
Technology planning, market studies and feasibility studies
Given that only 17 percent of tribes have technology or
telecommunications plans in place this is an area of crisis that needs
to be addressed specifically.
Appropriate and sustainable telecommunications development cannot
take place without sufficient planning. And the planning needs of
Indian country are far more significant and complex than simply
developing a plan for a wireless network, or a community technology
center. Tribes and American Indian communities need resources for much
larger, community-wide planning processes that leverage resources,
aggregate demand for services and infrastructure, and promote
interagency collaboration, as well as, collaboration among other
tribes, non-profits and the private sector. Tribes also need resources
to perform market studies and feasibility studies for developing
telephone companies and connecting technology investment strategies to
larger tribal economic development strategies aimed at expanding
economic opportunities enabled by new technologies.
It is essential for tribal telecommunications and information
technology development efforts to be linked with existing education,
healthcare and economic development efforts. Many tribes have been
unable to develop such linkages, and as a result, they are duplicating
efforts, failing to leverage resources and failing develop fully
integrated systems. Unfortunately, existing Federal programs simply do
not support sufficient telecommunications and information technology
planning. As a result, potential efficiencies and market development
opportunities have been unrealized.
The Native American Connectivity Act, through its block grant
program, would support a diversity of necessary planning activities.
The Native American Connectivity Act would play a significant role in
providing tribes and American Indian communities with the resources
they need to not only develop telecommunications and information
technology more efficiently, but also to utilize these technologies in
a manner that promotes their social, economic, civic and cultural
needs.
Training, technical assistance and capacity building
I would like to reiterate the fact that providing equipment and
infrastructure is not a solution, in and of itself, for the vast
telecommunications and information technology needs of tribes and
American Indian communities. Equipment and infrastructure are. merely
tools. They are only effective when they are applied in a manner that
provides for--and advances--the social, civic, and cultural needs of
respective tribes and American Indian communities.
With this in mind, tribes and American Indian communities need
access to training and technical assistance resources to build the
community knowledge, expertise and capacity that will enable them to
utilize these technologies effectively. A system of training and
technical assistance intermediaries is needed to provide support that
is specifically designed for the telecommunications and information
technology needs of tribes and American Indian communities.
Unfortunately, no such system for training and technical assistance
exists for telecommunications and information technology. Instead,
tribal and American Indian technology leaders end up flying around the
country to attend expensive conferences and workshops that are limited
to a few hours, or maybe 1 day, as a means of gaining access to
technical assistance and training opportunities. Unfortunately, these
brief learning opportunities are designed to address the general needs
of a broad audience, rather than the specific needs of a specific tribe
or American Indian community. This leaves the majority of tribal and
American Indian technology leaders scratching their heads wondering
where and how they can access the type of specific training assistance
they need.
As a result, tribes and American Indian communities rely on
expensive consultants because it is the easiest and most timely means
of attaining expertise. The reliance upon outside consultants provide a
temporary fix for a particular need, however, this practice prevents
tribes and American Indian communities from building their internal
expertise and capacities and reaping the long-term benefits from doing
so. It can also be problematic in the sense that consultants come and
go from project to project and do not necessarily advance the long-term
best interests of tribes and American Indian communities.
The Native American Housing Assistance and Self Determination Act
(NAHASDA) established a system of training and technical assistance
intermediaries as a means of building the capacity of tribal housing
authorities. This system of training and technical assistance
intermediaries has proven to be very beneficial in helping tribal
housing authorities navigate the complexities of housing development
and property management activities more efficiently and effectively.
Unfortunately, no such system of training and technical assistance
intermediaries exist for tribes and American Indian communities in the
area of telecommunications and information technology--sectors that are
far more complicated and expensive than housing.
The Native American Connectivity Act would support the development
of a system of training and technical assistance intermediaries for
telecommunications and information technology. The Native American
Connectivity Act would enable tribes and American Indian communities to
access an exceptional group of institutions with extensive capacity,
stability and credibility in their communities. It would promote
intertribal collaboration and peer-to-peer mentoring for addressing
complex challenges such as technology planning, technology selection,
network design, network administration and selecting content
applications that increase the relevancy of technology among
communities. It would promote strategic development, pushing
participant tribes and American Indian communities to think critically
about their markets and organizational priorities, gauge their impact
and evaluate alternatives. And most importantly, it would help tribes
and American Indian communities build the knowledge, expertise and
capacity they need to utilize technologies effectively.
Research and evaluation
There is a tremendous need for a more comprehensive assessment of
existing communications technology infrastructure and services
subscribed to in Indian country. Currently, there is a lack of accurate
data and appropriately contextualized data for telecommunications
infrastructure, available services and services subscribed to on a
reservation-by-reservation basis. Data that does exist is either
outdated, lacks integrity due to small sample sizes and inappropriate
collection methods, or has not been made available on a reservation-by-
reservation basis.
The lack of quality data prevents tribal leaders from adequately
measuring the severity of their telecommunications and information
technology deficiencies, and thus, limits their ability to make
decisions that will effectively reverse these deficiencies. The lack of
data also severely limits the effectiveness in which tribal leaders are
able to participate in an already limiting Federal decisionmaking
process.
Having access to quality data is also crucial for future
telecommunications development. Making such data available dramatically
increases the potential for attracting private investment and forging
partnerships with private enterprise. Quality data enable tribal
communities to map their telecommunications assets and aggregate
telecommunications service demand, which are critical processes to
providing the private sector with a good business case for future
investment.
There also needs to be more research and analysis of communications
technology development processes such as tribal collaboration,
community planning, demand aggregation, attaining right-of-ways,
establishing tribal telecommunications companies, setting up
telecommunications regulatory bodies and codes, etc. Best practices for
these processes need to be identified and analyzed as a means of
promoting the, most effective, efficient and affordable means for
deploying new technology infrastructure. Best practice models enable
tribal leaders to develop successful strategies for future technology
development efforts. Furthermore, best practice models can be used to
inform the development of Federal policies.
The Native American Connectivity Act would support a wide variety,
of research and evaluation activities that will enable tribes and
American Indian communities to measuring the severity of their
telecommunications and information technology deficiencies; identify
the most appropriate means to remedy deficiencies; and evaluate the
progress of telecommunications and information technology development
efforts.
No competition against state and municipal entities
Tribes and American Indian communities should not have to compete
against State and municipal entities to gain access to the benefits of
the Federal trust responsibility in the area of telecommunications and
information technology.
Currently, tribes and American Indian communities have to compete
against thousands of applicants for funding for the National
Telecommunications and Information Administration's Technology
Opportunities Program, the U.S. Department of Education's Community
Technology Center [CTC] Program and the Department of Agriculture's
Rural Utilities Service Broadband Technology Grant and Distance
Learning and Telemedicine and Programs. Due to the highly competitive
nature of these programs and their overly complicated and expensive
application requirements the vast majority of tribes and American
Indian communities miss out on these funding opportunities.
The Native American Connectivity Act would remedy much of this
problem. It would still award grants on a competitive basis, but
competition would be among tribes on a much more even playing field.
Furthermore, the evaluators of grant proposals would be comprised of
American Indian leaders who have a better understanding of the
realities in which tribal governments and American Indian communities
operate. Not only would tribes and American Indian communities stand a
better chance of being awarded a grant, since they wouldn't be
competing against thousands of applicants, their applications would
also be judged more fairly and less discriminatorily because
application evaluators would better understand the complexity and
severity of the needs being addressed. In addition, the programmatic
priorities by which grants are awarded would be more specific and
relative to the actual needs of tribes and American Indian communities.
Moving the Native telecommunications agenda forward is critical,
since these technologies enable tribes to jump over some of the biggest
hurdles in developing economic and human potential. Therefore, I urge
the committee to take the necessary steps to ensure that the Native
American Connectivity Act is enacted. The Native American Connectivity
Act is unique in that is provides assistance for both
telecommunications development and knowledge and capacity building.
Indian Country stands to benefit most from an investment in equipment
and infrastructure that is matched with an investment in its people.
Thank you for providing me the opportunity to testify.
______
Prepared Statement of J.D. Williams, National Congress of American
Indians Telecommunications Subcommittee Chair
Chairman Campbell, Vice Chairman Inouye, and committee members, I
thank you for this opportunity to testify on the Native American
Connectivity Act, a measure that seeks to address a range of critical
telecommunications issues impacting tribes. President Tex Hall sends
his regards to the Committee, and regrets being unable to join you
today to discuss this important matter. As the chair of the NCAI
telecommunication subcommittee, as well as the general manager of the
Cheyenne River Sioux Tribe Telephone Authority, I am pleased with the
advances in telecommunications infrastructure and education that this
bill proposes. NCAI strongly supports this measure, and we look forward
to working with the Committee as it moves to advance this bill to
passage in the 108th Congress.
Not only is a strong telecommunications infrastructure vital to the
effective functioning of our economies and governments, but it also
serves as an invaluable tool for education and training of tribal
members, a blessing for our infirm or elderly who are now or will be
able to receive medical care through telemedical services, and a
critical component in efforts to preserve our cultures and languages.
This bill win enable tribes to use its programs to improve access to
all of these critical tools and more.
Examples abound throughout Indian country of tribes who have
prioritized the development of a sound telecommunications
infrastructure. Those same tribes generally are among the most
successful in carrying out diversified development of all kinds within
their communities. It is no question that high telephone penetration
rates and easier access to the internet are hallmarks of healthy
economies. Most businesses today see high-speed internet access,
flexible telecommunications technology, and technologically skilled
employees as absolute necessities. Some reservations have one or two of
these key commodities in place, but most have none. We must be able to
provide these services in order to attract a diverse array of
businesses to Indian country, and we must have these services if
businesses in Indian country are to achieve long term success.
The education and training of our tribal members are essential
ingredients to successful development. We must not only train them to
be proficient in information technology related fields, we must also
find ways to provide tribal members with skills for success in all
sectors of tribal government and economies. E-training and distance
learning are tailor-made for the unique needs of our communities. We
have need for skills training and continued education, and most of us
live in rural communities removed from education centers. Technology to
access teachers and trainers over the Internet is a critical tool to
provide our members the opportunity to learn the skills they need to
find productive employment.
The same technology can also provide us with an avenue to increase
dramatically the health and quality of health care for our people.
Telemedicine is a fast-developing arena of information technology that
is particularly suited to meeting the needs of our remote and
underserved reservations. Ailing tribal members often cannot make the
long trips to IHS clinics or other healthcare facilities far from their
homes. Small communities, if they were provided with the infrastructure
and resources to implement such a program, could set up a
``teleclinic'' where health professionals could address patients and
provide initial examinations over video conference. These services have
proven to be very effective for Indian country where currently
available. National Public Radio documented its success in a report in
October of last year, noting how both doctors and patients find it far
more effective than infrequent doctor trips to the reservation or
costly and difficult trips from reservation to urban areas. I am happy
to see telemedicine as one of the goals of this legislation.
IT is also rapidly becoming indispensable in the arena of
protecting our sacred sites and retaining our native languages. The
Alaska Native Language Center, the Choctaw Nation of Oklahoma, the
Cherokee Nation of Oklahoma, Ft. Peck Community Colleges, and others
provide online resources or even online instruction for students in
their native languages. After generations of declining use of native
languages--a vital tie to our traditional culture--we are bringing
together our elders and our youth on-line to keep our languages alive.
Vital tools for protecting sacred sites are also becoming increasingly
reliant on IT. One example is the FCC's Tower Construction Notification
System, an all-online tool to give tribes information about proposed
construction of cell phone towers to determine if they are a threat to
sacred or culturally significant sites. This system not only prevents
destruction of our sites, but also gives the cell tower industry a
simple and efficient way to fulfill section 106 of the Historic
Preservation Act.
These are only a few examples of the many ways that increased
access to resources for development of telecommunications
infrastructure such as those proposed in this measure can help our
communities in a very tangible manner.
S. 2382 proposes to set up two grant programs: Block grants for a
wide-range of telecommunications related activities and training and
technical assistance grants for employee training and student programs,
funded at $20 million for the first year. Eligible entities for the
funding are broad-based as well, to ensure that tribes, tribal
colleges, and other entities can all work together to deliver the
benefits of this measure to tribal members.
The status of tribal telecommunications infrastructure varies
widely across the Nation. Some tribes include vast areas within their
jurisdiction that lack basic telephone service or are struggling to
keep the basic service they have. Other tribes are providing their
members with high-speed internet services, wireless phones, and are
exploring next-generation telecommunications technologies. The vast
majority of tribes fall somewhere in between and are thinking about how
they can best make the next step toward improved connectivity.
There is clearly no panacea for meeting the telecommunications
needs of the tribes-only focused resources with flexibility to meet the
unique needs of individual tribes can begin to address this dial-tone
and digital divide in Indian country. With 12 different eligible
activities plus training and the flexibility to enable any type of
tribal government, institution, organization, or its partner to use
these funds, tribes will be able to effectively use their block grants
to meet the unique needs of their members under this measure.
This bill would allow eligible entities to use funds to increase
tribal capacity to exercise regulatory authority by issuing their own
telecommunications regulations and codes. Through this governmental
function, tribes are not only delineating their expectations of how
service should be provided on their reservations, but they are also
exercising their sovereign right to manage affairs on their own lands.
As you know, the Cheyenne River Telephone Authority is the first tribal
telecommunications company, and we have found that we are by far the
most capable provider on our reservation. We hope that other tribes
take advantage of the programs that this bill envisions to create their
own companies that exercise an important aspect of sovereignty in the
21st Century.
The ability of tribes to self-determine the best course of action
for utilizing the funds that would be authorized under this legislation
coupled with adequate enacted funding levels are vital to the success
of this bill. Tribes will be eager to access these funds, so funding
should certainly be set at the level of $20 million at a minimum, and
all eligible activities should be preserved as this bill moves forward.
NCAI supports the Native American Connectivity Act. We feel that
this is a step in the right direction toward increasing the
availability of telecommunications infrastructure in our communities.
Of course, more can always be done. Over the course of the last decade,
telephone service availability in Indian country has increased by 46
percent, largely due to the concerted push by this committee and the
committed staff of the Federal Communications Commission. We need to
keep that trend up, and we know it is possible. The New York Times has
documented a 130-percent increase in telephone service in just the last
year for the population of Iraq--an advance lauded as critical to the
advancement of the Iraqi economy and people, just as it is to ours. We
know the same can be done in Indian country with a concerted Federal
commitment.
The Native American Connectivity Act is a good-faith effort to
provide our tribes with the resources to grow and strengthen our
communities. Please accept our endorsement of this legislation, and we
look forward to working with you to ensure that this important measure
is passed into law in a timely manner. Thank you for your invitation to
speak, and I welcome any questions the committee may have.
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