A new report published today by the Institute for Local Self-Reliance (ILSR) reveals how the sovereignty of Tribal Nations and their own efforts to solve connectivity challenges on Tribal lands can be undermined by the poor design and maze of bureaucracy associated with some federal broadband programs.

The report – Native Nations and Federal Telecom Policy Failures: Lessons from the Rural Digital Opportunity Fund [pdf] – begins with a startling example of how one Tribe learned about the plans of a major fiber Internet provider to serve “a handful of locations in the heart of the Tribal Reservation.”

Authored by Dr. Jessica Auer, Tribal Broadband Policy Analyst with ILSR’s Community Broadband Networks initiative, the report captures the pernicious consequences of a program that was supposed to help bring high-speed Internet service to rural communities who lacked access:

A non-Tribal telecommunications company had received federal funding to build broadband infrastructure on Tribal lands without consent, had appeared to shirk required federal Tribal engagement requirements, had ignored the Tribe’s attempt to raise concerns about it, and now seemed to be expecting to dictate what would happen next.

While the report begins with a real-life example of how Tribal nations now working to build their own broadband networks can be blindsided by bureaucratic neglect and non-Tribal ISPs, it goes on to detail why the FCC’s approach to broadband funding has fostered tension between providers and Tribal ISPs, and why RDOF has earned a particularly bad reputation among many Tribes.

“Some recent federal broadband programs do actually require ISPs to secure Tribal consent prior to receiving funds,” Auer says. “But, the FCC still has not adopted this approach. The problems outlined in this report reinforce the need for such a requirement.”

As the Biden administration fleshes out the details on the President’s proposed American Jobs Plan, which includes as much as $100 billion to fund expanded high-speed Internet connectivity and bring much needed competition to the broadband market, opponents (mostly Congressional Republicans and lobbyists for the big telecom companies) are tossing the word “overbuilding” around, ostensibly as a warning against wasteful government spending.

Case in point: U.S. Sen. Roger Wicker of Mississippi, the ranking Republican on the Commerce, Science & Transportation Committee recently told Bloomberg News, “The president’s broadband proposal opens the door for duplication and overbuilding.”

Meanwhile, many of his constituents in his home state point to how broadband infrastructure has actually been underbuilt by incumbent providers, leaving the Magnolia State and its broadband hungry residents in the digital dust.

Ideology vs. Reality 

“For a poor state like Mississippi, being left behind by a 21st century economy is tantamount to economic death. Senator Wicker's concern about overbuilding and duplication is certainly not the case for the families and small businesses he represents across broad areas of this rural state in economic distress,” is how Oleta Garrett Fitzgerald, Children's Defense Fund Southern Regional Director and head of the Southern Rural Black Women's Initiative, responded to Wicker’s assessment.

To put it mildly, she doesn’t feel that the state has adequate Internet access networks today.

On Episode 9 of Connect This!, hosts Christopher Mitchell and Travis Carter (USI Fiber) are joined by Kim McKinley (Chief Marketing Officer, UTOPIA Fiber) and Doug Dawson (President, CCG Consulting) to talk about the recently signed American Rescue Plan Act, which has the potential to funnel an unprecedented level of funding to communities which can be used for Internet infrastructure.

The group talks about the different buckets of money that will become available and how cities, counties, and states might use them. They discuss the ways that communities can use the federal funds to reduce risk for local projects and push them forward, create partnerships with public organizations and private firms, and what local officials need to do to ensure that they are ready when the money starts flowing to effect long-term positive change.

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This episode, co-hosts Christopher and Travis Carter (CEO, US Internet) are joined by Deb Socia (President/CEO, The Enterprise Center), and Brian Worthen (President, Visionary Communications and CEO, Mammoth Networks) to talk about overbuilding. 

The group talks about the importance of reclaiming the term as what it really is: plain old competition. They discuss the economics of building competitive broadband infrastructure in rural and urban areas, pending and related Washington Public Utility District legislation, and why we don't see more small, competitive fiber builders around the country.

We also get the first installment of a recurring segment during the episode, wherein Christopher asks Travis to identify a picture of random piece of wireless infrastructure from the area around his house.

Referenced during the discussion was Benton Institute for Broadband and Society Senior Fellow John Sallet's recent paper "Broadband for America’s Future: A Vision for the 2020s."

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The notion that states and the federal government should go to great lengths to make sure any funds they distribute for broadband infrastructure don't accidentally create competition for private providers is one that perplexes us. While the monopoly cable and telephone companies (and their Republican allies) have gone to great lengths over the last two decades to push the narrative that anything more than monopoly control in an area constitutes "wasteful spending," we're not so sure.

Join us Thursday, March 4 at 2 ET, to talk about overbuilding with Travis Carter (CEO, US Internet), Deb Socia (President/CEO, The Enterprise Center), and Brian Worthen (CEO, Mammoth Networks).

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Email us broadband@muninetworks.org with feedback and ideas for the show. We appreciate your patience as we continue to explore the livestream format, and I welcome any advice or production ideas you have (email me at ry@ilsr.org).

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