How can I identify the tribal lands within a given market and the size of each land within that market?
The Commission obtained a list of federally recognized tribal lands from the U.S. Department of Interior’s Bureau of Indian Affairs (BIA) and is available in electronic format. We have added information that may be helpful to you such as the telephone penetration rate (if known) and the number of square kilometers of the tribal territory.
One application, FCC Form 601 Main Form and Schedule B, can be filed for multiple licenses as long as all filing requirements associated with the application are identical except for the market designator and market name.
As stated above, you must express your intent to seek a tribal lands bidding credit by the filing deadline for the long-form application. If you do not, once the filing window has closed, you will not be allowed to amend your application to add your intent to seek a tribal lands bidding credit.
Yes, after you have selected the tribal lands to be served, ULS will calculate the bidding credit amount for each market according to the size of the tribal territory within the market and in compliance with the bidding credit limit. The bidding credit will be displayed on the screen.
When seeking an additional tribal lands bidding credit, you must file a waiver request demonstrating that the infrastructure costs exceed the available credit under the Commission’s formula. The waiver must include a certification from an independent auditor that the estimated costs are reasonable. Such additional costs are subject to the bidding credit cap. To file this waiver request, select the attachment description “Tribal Lands Waiver Request.”
- the tribal land is a qualifying tribal land as defined under 1.2110(e)(3)(i);
- the tribal government has not and will not enter into an exclusive contract with the applicant precluding entry by other carriers and will not unreasonably discriminate among wireless carriers seeking to provide service on the qualifying tribal land;.
- the tribal government will permit the applicant to site facilities and provide service on the tribal land.
Yes, the applicant must certify that it will comply with the bidding credit buildout requirements and consult with the tribal government(s) regarding siting of facilities and deployment of service on the tribal land(s) as set forth in the applicable rules.
Additional information on the Tribal Lands Bidding Credit Program can be found in the following: 47 C.F.R. §1.2110(f)(3), the Third Report & Order adopted August 18, 2004, the Second Report and Order and Second Further Notice of Proposed Rule Making adopted March 7, 2003, the Report and Order and Further Notice of Proposed Rulemaking adopted June 8, 2001, the Public Notice providing basic information released on September 28, 2002 and the Public Notice providing additional information on procedures released on December 14, 2003. To learn about other FCC initiatives in Indian Country, visit the FCC’s tribal web page.