[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 555 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 555

      To amend the Communications Act of 1934 to promote greater 
 telecommunications and information services to Native Americans, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1997

 Mr. Richardson (for himself and Mr. Miller of California) introduced 
  the following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
      To amend the Communications Act of 1934 to promote greater 
 telecommunications and information services to Native Americans, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Telecommunications 
Act of 1997''.

SEC. 2. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY.

    (a) Amendment.--Title I of the Communications Act of 1934 is 
amended by inserting after section 11 (47 U.S.C. 161) the following new 
section:

``SEC. 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY.

    ``(a) Findings.--The Congress finds that--
            ``(1) Indian and Alaskan Native people live in some of the 
        most geographically remote areas of the country, with 50 
        percent of Indian and Alaskan Native people living in Oklahoma, 
        California, South Dakota, Arizona, New Mexico, Alaska, and 
        Washington;
            ``(2) Indian poverty in reservation areas is 3.9 times the 
        national average rate;
            ``(3) the average phone penetration rates for rural Native 
        Americans is only 50 percent and actual penetration rates are 
        often much lower;
            ``(4) what phone service there is in Indian country is 
        often substandard and prohibitively expensive;
            ``(5) the Telecommunications Act of 1996 establishes a 
        Federal-State Joint Board which issued recommendations on how 
        to make quality telephone service affordable to all and to 
        define what is deemed to be `universal service';
            ``(6) the Telecommunications Act of 1996 requires the 
        Federal Communications Commission to implement the 
        recommendations from the Joint Board by May 8, 1997;
            ``(7) the benefits of Federal universal service policies 
        have often not reached Indian country;
            ``(8) the Federal Government and the States have not 
        historically adequately required telecommunications carriers to 
        provide telecommunications services on Indian lands; and
            ``(9) the United States recognizes the sovereignty of 
        Indian tribes in relation to the States through a government-
        to-government relationship, as reflected in the Constitution, 
        treaties, Federal statutes, and the course of dealings of the 
        United States with Indian tribes.
    ``(b) Policy Required.--Within 120 days after the date of enactment 
of this section, the Commission shall initiate a proceeding to develop 
and establish an official policy regarding the relations between the 
Commission and American Indians, including Alaskan Natives. In 
establishing such policy, the Commission shall--
            ``(1) recognize--
                    ``(A) the special needs of American Indians, 
                including Alaskan Natives, as determined under 
                subsection (a);
                    ``(B) the sovereign authority of tribal 
                governments; and
                    ``(C) the trust obligations of the United States;
            ``(2) promote the exercise of sovereign authority of tribal 
        governments over the establishment of communications policies 
        and regulations within their jurisdictions;
            ``(3) seek to promote Native Americans', including Alaskan 
        Natives', participation in the consumption and provision of 
        telecommunications services on Indian lands; and
            ``(4) not preclude the opportunity for improved 
        negotiations between tribes and the States.
    ``(c) Notice Obligations.--The policy established pursuant to 
subsection (b) shall include procedures for giving Native Americans, 
including Alaskan Natives, notice and the opportunity for meaningful 
participation and comment in any proceedings affecting tribal lands, 
including competitive bidding conducted under section 309(j) of bands 
of frequencies in geographic coverage areas under the jurisdiction of 
tribal governments.
    ``(d) Forbearance.--The Commission shall forbear from applying any 
provision of this Act or any regulation thereunder to the extent that 
such forbearance--
            ``(1) is necessary to ensure compliance with the trust 
        responsibility of the United States; and
            ``(2) is consistent with the public interest.
    ``(e) Triennial Review.--The Commission shall review and revise as 
necessary the policies established pursuant to subsection (b) at least 
once every 3 years after the establishment of such policies.''.
    (b) Conforming Amendment.--Section 309(j)(3)(B) of such Act (47 
U.S.C. 309(j)(3)(B)) is amended by inserting ``Indian tribes, Alaskan 
Native villages,'' after ``including''.

SEC. 3. DESIGNATION OF ELIGIBLE TELECOMMUNICATIONS CARRIERS FOR THE 
              PROVISION OF UNIVERSAL SERVICE.

    Section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) 
is amended by adding at the end the following new paragraph:
            ``(6) Service areas within indian lands.--With respect to 
        the designation of eligible telecommunications carriers for, 
        and of service areas within, any lands under the jurisdiction 
        of a tribal government (within the meaning of section 7871 of 
        the Internal Revenue Code of 1986 (26 U.S.C. 7871)), the 
        Commission shall exercise the authority of, and comply with the 
        requirements of this subsection on, State commissions. In 
        exercising such authority and complying with such requirements, 
        the Commission shall comply with the policies established 
        pursuant to section 12 of this Act.''.

SEC. 4. ATTAINMENT OF UNIVERSAL SERVICE PRINCIPLES IN INDIAN COUNTRY.

    Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is 
amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6) the following 
                new paragraph:
            ``(7) Access by native americans.--Because States have not 
        historically exercised the authority to require 
        telecommunications carriers to deliver services on Indian 
        lands, and because of the trust responsibilities of the United 
        States, the responsibility to ensure the availability of 
        quality telecommunications services to Native Americans, 
        including Alaskan Natives, at just, reasonable, and affordable 
        rates is a Federal responsibility that should be assured by 
        means of the Federal universal service support mechanisms 
        established under this section, taking into account any support 
        mechanisms established by the States.''; and
            (2) by adding at the end the following new subsection:
    ``(l) Maintenance of Native American Subscribership and 
Affordability Data.--The Commission shall prescribe such regulations as 
are necessary to obtain reliable statistics concerning the extent of 
subscribership to, and the affordability of, telecommunications on 
Indian lands. Such data shall be maintained by the Commission in a form 
that is easily accessible to the public. The Commission shall 
periodically review and summarize such data in its annual reports under 
section 4(k), and shall, on the basis of such review, take such other 
actions as are necessary to carry out the purposes of this section with 
respect to the delivery of universal telecommunications services to 
Native Americans, including Alaskan Natives, at just, reasonable, and 
affordable rates.''.

SEC. 5. INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES.

    Section 103 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 902) is amended by adding at 
the end the following new subsection:
    ``(d) Native American Telecommunications Infrastructure Policy 
Initiatives.--In carrying out the authority to serve as the President's 
adviser under subsection (b)(2)(D), the Assistant Secretary and the 
NTIA shall be responsible for designing and proposing policy 
initiatives to encourage investment in, and the deployment of, 
telecommunications systems on Indian lands.''.
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