LEECH LAKE BAND OF OJIBWE Carri Jones, Chairwoman Donald Finn, Secretary-Treasurer Robbie Howe, District I Representative Steve White, District II Representative LeRoy Staples Fairbanks IlL District III Representative

In the Matter of Improving Communications Services for Native Nations by Promoting WT Docket 11-40 Greater Utilization of Spectrum over Tribal Lands

Introduction and background

The Leech Lake Band of Ojibwe (LLBO) is a federally recognized American Indian tribe that was established by Treaty in 1855. The LLBO was organized pursuant to the Indian

Reorganization Act of 1934 and is one of six member-Bands of the Minnesota Chippewa Tribe.

Jurisdiction over Reservation matters is vested in a five-member council, the Reservation Tribal

Council (RTC) . Council positions include the Chair, Secretary/Treasurer, and three District

Representatives.

Fourteen communities lie within the reservation boundaries. The reservation is overlaid across four counties: Cass, Itasca, Beltrami, and Hubbard. Communities within the districts are represented by elected Local Indian Council {LIC) members to give a political voice to their concerns. The LLBO's government is responsible for enhancing the health, economic well- being, education, and inherent right to live as Ojibwe people. The Leech Lake Reservation is

located in rural north-central Minnesota, approximately 235 miles north of Minneapolis/St.

115 Sixth St NW, Cass Lake, MN 56633 Telephone: 218-335-8200 Fax: 218-335-8309 Paul and 100 miles south of the Canadian border. It is a rural area covering approximately 1,000

square miles of forest and water systems in the Central Pine-Hardwoods Forest eco-region.

There are 300,000 acres of lakes, 120,000 acres of wetlands and 260 miles of rivers and streams within the reservation boundaries.

Cass Lake is the largest community within the reservation. In addition to Cass Lake,

reservation communities include Ball Club, Bena, Inger, Onigum, Mission, Pennington, Smokey

Point-Kego, Sugar Point, Oak Point, Winnie Dam, S Lake, Buck Lake-Sugar Bush, and Prescott.

Most communities are very small (less than 100 residents) and isolated. The tribal council

administrative offices are located in Cass Lake, which is also home to the Leech Lake Tribal

College, Cass Lake Service Unit-Indian Health Service hospital/outpatient clinic, and

headquarters of the Minnesota Chippewa Tribe and the Chippewa National Forest.

The LLBO responds to the needs of its citizens with regard to Improving Communication

Services for Native Nations by Promoting Greater Utilization of Spectrum over Tribal Lands.

Below are areas of interest and concern of the LLBO-

• Cultural differences are evident between what cities, counties and states define as

community anchor institutes. It is quite obviously different from what LLBO identifies as

community anchor institutes, such as its own established American Indian communities.

• Cultural differences is evident with regard to the FCC defining zero population areas as

ineligible, when all lands within the jurisdictional boundaries of the LLBO reservation should

be deemed an eligible service area based upon 1} cultural factors of use of the tribal lands,

and 2} thirteen (13) of fourteen (14) LLBO tribal communities are located in remote and

high cost service areas.

2 • The LLBO encourages the FCC to present new spectrum to serve Tribal lands as all spectrum

is now owned by others, there remains no available spectrum throughout the LLBO lands.

• The LLBO supports secondary markets only if coupled with a strict "build or divest" policy.

• The LLBO offers solutions to the Letters of Credit issue- 1) waive the requirement enabling

a fair opportunity for tribes to participate in the 902 Auction or 2) use the federal

government's trust responsibility as Letters of Credit.

• The LLBO recommends to the Commission to adopt a performance standard that requires

bidders receiving support from the Tribal Mobility Fund to repay the Mobility Fund support

if the bidder fails to deliver 3G or better service. The same penalty that applies now if the

recipient fails to provide the coverage proposed shall apply for failure to deliver a proposed

quality service.

• The LLBO restates its support of aggregate census blocks as they should not undermine the

objective of providing service to all Tribal lands.

• The LLBO advocates for winning bidders to be subject to an eligibility criterion to certify

they have been authorized by the relevant tribe to do business on the tribal lands thus

requiring bidders to consult with tribes before the auction.

• The LLBO supports a defining of the word "tribal lands" to reflect "any federally recognized

Indian tribe's reservation, Pueblo, or Colony, including former reservations in Oklahoma,

Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act

(85Stat.688), and Indian Allotments."

3 • The LLBO supports a redefining of the word "anchor institutes" to ensure that an anchor

institute within the jurisdictional boundaries of the reservation includes established

American Indian community centers.

In conclusion, the historical exclusion of American Indian tribes by restricting access or creating barriers of participation has diminished the advantages and opportunities of Tribal

economical regions. The Leech Lake Band of Ojibwe, whose duty and responsibility lie with its citizens, encourages the Commission to provide fairness, establish appropriate leverages that

support tribal nations, create waivers to increase Tribal participation, and thereby providing

Tribes with the same advantages and opportunities as all others in growing its economical

region.

Respectfully submitted, it/dk?.~ Walter Frank Reese, MIS Director Leech Lake Band of Ojibwe 115 Sixth Street NW Cass Lake, MN 56633 (218) 335-3790

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