2.5GHz Rural Tribal Priority Window

LTE Networks and 2.5GHz Spectrum Channels

Closes on Monday, September 2nd, 2020 at 6PM EDT.

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Agenda

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Background - Networks & Spectrum

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A Call to Action - The FCC Tribal Priority Window

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First Steps - Qualification Details

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The Process

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Resources for you and your Tribe

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Networks & Spectrum

A Spectrum License is both a Resource and an Asset

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Spectrum is a very valuable piece of the Digital Divide Puzzle. Corporations spend massively in auctions to obtain spectrum. Tribes now have a very short window to obtain spectrum over their Rural Tribal Lands for free.

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Exercising your Tribal Sovereignty to control this resource brings options…

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• Establish or enhance a broadband network
• Leverage to obtain service
• Lease
• Trade
• Sell

Building a wireless network could be easier than you think.

Networks can be as simple as connecting two locations, or as complex as connecting every Tribal Community, Building, and Home. Networks can be Fully Administered by a Tribe, or owned and leased to a third party to provide services.

You need access to spectrum before you build a wireless network. Just like you need to access the land before you build roads.

Networks are a powerful tool to serve Tribal Communities and support development, education, healthcare, or public safety--and provide revenue as an internet service provider.

Building or Enhancing Tribal Infrastructure

Methods of Connecting Tribal Services:

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Point to Point with Backhaul link

• ISP Internet Service Provider
• Internet Backbone

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Point to Multi-Point

• Network Base Connecting
• Tribal Schools, Colleges
• Tribal Government
• Health Services
• Emergency Services
• Housing
• Tribal Casinos
• Gyms, Community Centers

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Leasing of Spectrum

• Monies earned by leasing Spectrum

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It could eventually grow...

The Tribal Priority Window - ACT NOW

The first ever Tribal Priority Window,

for broadband spectrum over rural Tribal Lands is available, for free to Tribes only.

Apply NOW.

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Deadline: September 2, 2020

The FCC is about to auction valuable spectrum to the highest bidder.

Key Benefits of a WiFi Spectrum Network

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• Tribal Government Services
• Emergency Services - Law Enforcement, Fire, Medical Services
• Health Services
• Medical Health Equipment communicating with a doctor
• Educational Online Learning - Distance Learning
• Electronic Mail
• Internet Service Provider
• Public Transportation

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Qualifying Details

Eligible Tribal Entities Requirement

Who can apply?

• Any Federally Recognized Tribe or Alaska Native Village
• A Consortium of Federally Recognized Tribes and/or Alaska Native Villages
• An Entity “majority-owned” and controlled by a Federally Recognized Tribe or Alaska Native Village. Entity must provide sufficient documentation to demonstrate such ownership and control. For more, read: Public Notice DA20-18 from the Rural Tribal Window, FCC.gov. #16/17
• Does not include Alaska Regional Corporations, or other Entities owned by Tribal Members as individuals

2.5 GHz Rural Tribal Priority Window

Eligible Tribal Lands Requirement

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• A Federally Recognized Tribe’s Reservation, Pueblo, or Colony
• A former Reservation in Oklahoma
• An Alaska Native Region established pursuant to ANCSA (85 Stat.688)
• An Indian allotment
• A Hawaiian Home Land, pursuant to the Hawaiian Homes Commission Act
• Off-reservation lands if designated as “Tribal land” by the FCC as of July 10, 2019

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2.5 GHz Rural Tribal Priority Window

Rural Requirement

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• Applicants are required to demonstrate that all of the Tribal land for which they are applying is rural
• Spectrum availability is limited to the unassigned spectrum on rural Tribal Lands
• Rural Tribal Lands = not part of an urbanized area with a population of 50,000 or more
• Use of an unmodified Commission-provided shape file to define the applicant’s proposed service area will be “prima facie”(accepted as correct until proved otherwise) evidence that the service area is rural
• Unless the shape file shows the existence of an urbanized area or urban cluster within the Tribal land

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2.5 GHz Rural Tribal Priority Window

Local Presence Requirement

• If the applicant is a Tribe, the Tribe is presumed to have a Local Presence on its own lands
• Tribal Entity applicants must demonstrate and explain their Local Presence in each Tribal Land for which they are applying by ...
• they physically occupy those lands, residents live in these areas
• they provide goods or services over the Eligible Tribal Land
• In Alaska, Local Presence outside ANCSA can be demonstrated by showing Community connection to those Lands
• Local Presence in a smaller area does not automatically demonstrate Local Presence throughout a larger area
• Applicants applying for multiple Tribal Lands, must demonstrate Local Presence in each separate Tribal Land

2.5 GHz Rural Tribal Priority Window

Overlay Licenses

If you get the license…

• Tribe will immediately to be able to operate in the areas of your land where someone else does not have a license.
• If another license holder in your land cancels or defaults on their license, that license goes automatically to you.

2.5 GHz Rural Tribal Priority Window

Channel Selection

Applicants may apply for 1, 2, or all 3 channels, as long as there is some unassigned spectrum in each channel for which you apply.

1. Goto: https://www.fcc.gov/25-ghz-rural-tribal-maps
2. Query Tribe and verify Channels are not all red (unavailable)

Sisseton Wahpeton Oyate

(Lake Traverse Reservation)

Channel 1

Channel 2

Channel 3

2.5 GHz Rural Tribal Priority Window

Waiver

A Waiver is required if an applicant wants to request, for example, a different Land area for the License. The FCC has established the Eligible Tribal Lands areas, and any changes must be requested via a Waiver. Waivers must be submitted with the Application.

• If you are considering a Waiver request, Consult an Attorney.
• Requests for Waiver must contain a statement of reasons sufficient to justify a Waiver
• Applicants should provide detailed information about their specific Tribal need, and provide the best, most complete story of how the Waiver will be in the public interest.
• A Waiver request should be filed as an exhibit attachment to the application
• Waiver requests will be considered pursuant to the FCC’s waiver rules
• There is no guarantee of Waiver Approvals, and may be unlikely.

2.5 GHz Rural Tribal Priority Window

Mutual Exclusivity

If there are two applications filed for spectrum over the same Tribal Land area, it becomes Mutually Exclusive, and neither is awarded the license.

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• 90 Day Settlement Window will occur after the Tribal Priority Window closes on August 3rd, 2020
• If the mutually exclusive applications are unresolved after the 90 day window, the FCC will auction off the spectrum to the highest bidder, in a limited Tribal parties-only auction.

2.5 GHz Rural Tribal Priority Window

If you recognize this may occur, it's best to reach out and begin discussions

right now to resolve before closing of the Tribal Priority Window.

Build-out Requirements

2.5 GHz Rural Tribal Priority Window

Process

What to Expect

2 Sept 2020

Tribal Window closes

2025 (5 yr)

Network construction 80% complete

Decide

• Assess spectrum availability

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• Identify & Educate Tribal Authority

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• Coordinate Competing Claims

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• Authorized Signatory

Apply

• Apply for FRN (Username and password for access to FCC)

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• Submit Form 602 (Ownership Disclosure Information)

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• Create Shapefile
• Submit Form 601

Planning & Feasibility

Use case, needs assessments, funding options

Network Design

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Detailed Network Design partner, costs, and plan

2023 (2yr)

Network construction 50%

complete

Tribal Priority Window

Deployment Period

Network Security

Policy, security, and administration needs

Process

• Verify Spectrum available over Tribal Lands
• https://www.fcc.gov/25-ghz-rural-tribal-maps
• Tribal Leaders/Tribal Councils must designate Authorized Signatory
• Tribes must apply for FRN Username and Password for submission
• Tribes must submit Form 602 Ownership Disclosure Information
• Are there other Entities who are applying for Spectrum over land?
• If so, begin discussion with them to coordinate and avoid overlapping claim
• If not, complete application
• Shape File for Tribal Lands
• Applications and Exhibits (supporting documents); Due by September 2nd, 2020

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Application Window

Deployment Period

Requirements

What do you need?

1. Determine what License Channels are available.
2. Prove you are a Federally Recognized Tribe or an Eligible Entity Owned & Controlled by a Tribe or group of Tribes
3. Prove that the Land is Rural*
4. Prove you are providing Service on/to the Land
5. Prove that you have Local Presence in the Land

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*The FCC provided shape files will establish this proof, if accurate enough to leverage during application.

FCC.gov Application

• FRN - Register for an FCC Number (Username and Password) then log in
• Form 602 - Ownership Disclosure Information
• Each applicant must have a current FCC Form 602 Ownership submitted
• Form 601 - Rural Tribal Window Application
• Applicants are required to file an attachment demonstrating they meet each of the requirements to obtain a License
• Statement for Local Presence, “Tribal Government, Tribal Services and Members exist on this Tribal land”
• Select all available Channels
• Shapefile for Tribal Lands
• Eligibility support
• Name and Title of the Authorized Signatory party to sign
• Waiver (if necessary)

Resources

FCC.gov

http://fcc.gov

FCC - Rural Tribal Window

https://www.fcc.gov/25-ghz-rural-tribal-window

FCC - How to File

https://www.fcc.gov/25-ghz-rural-tribal-window-how-file

FCC - Rural Tribal Maps

https://www.fcc.gov/25-ghz-rural-tribal-maps

Email FCC at

RuralTribalWindow@fcc.gov

Volunteer support (Amerind/GAIN)

RuralTribalWindow2020@gmail.com

Appendix

Waiver Suggestions

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A Waiver is your opportunity to tell your story to the FCC and explain your unique circumstances.

• Provide specific background and sufficiently detailed information about the Tribe or Tribal entity
• Such as the Tribe’s History, connectivity challenges, etc.
• Specifically explain why the FCC’s rules should not apply in your case. What are your special circumstances?
• Narrowly tailor your reasons for the Waiver to your special circumstances.
• Explain why granting the Waiver would be in the “Public Interest”
• Why is the 2.5 GHz License important to the Tribe?
• How will it expand connectivity and benefit the community?

Tribes can claim that spectrum for free when...

• Federally Recognized Tribe or Alaska Native Village
• On Rural Tribal Land 117.5 MHz of Available - 1 @ 50.5MHZ, 1 @ 49.5, 1 @ 17.5MHz

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The Window closes September 2nd, 2020.

If you don’t apply, and secure spectrum now, someone else will buy it.

*BRS is the Broadband Radio Service; spectrum shown in yellow is not available as part of this window

Spectrum in Scope

2.5GHz Spectrum channels for Priority and Auction.

FCC Listing of Channel Groups

Radio Signals - airwaves for all wireless communication

• Wireless signals are energy centered around a frequency

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• Frequency, measured in Hertz, is the number of cycles within a 1 second period

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• Energy is correlated to the square of the wave’s amplitude

Longer

Shorter

Technologies combine spectrum and transmission schemes

Radio

Signals

Build-out Requirements

Mobile or Point-to-Multipoint Service:

• Year 2: 50% of the population in your license area must be covered
• Year 5: 80% of the population if your license area must be covered

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Fixed Point-to-Point Service:

• Year 2: 20 links per million (one link per 50,000)
• Year 5: 40 links per million persons (one link per 25,000)

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Broadcast Service:

• Year 2: 50% of the population in your license area must be covered
• Year 5: 80% of the population in your license area must be covered

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Build-out requirements not met:

• Year 2 requirements not met: your final deadline speeds up, you will be required to meet the requirements by year 4.
• Year 5 requirements not met: you will lose the License.

2.5 GHz Rural Tribal Priority Window