Groups Seek More Flexibility for Tribal Library E-rate

The change proposed in the NPRM addresses a problem that "was created by the FCC," said the Navajo Nation Telecommunications Regulatory Commission. The agency’s adoption of the definition of a library under the 1996 Library Services and Technology Act “has led directly to the problem the Commission now seeks to fix,” NNTRC said: "Rather than untangle a knotty problem of statutory construction, the FCC has cut the knot by ignoring the history ... in favor of its own 'fix' which has thrust Tribal libraries into a purgatory of uncertainty for more than a generation."

The FCC “should take responsibility” and “acknowledge that an entire generation of Native Americans have been locked on the other side of the digital divide by the Commission’s harmful statutory interpretation,” NNTRC said. The agency didn’t comment Tuesday.

Expand the definition further to account for libraries at tribal colleges and universities, said the Internet Society and Salmonberry Tribal Associates. Allow “community-serving institutions” designated by tribes to account for E-rate-funded institutions serving “more than just the K-12 students in a given community.” Include in the definition Boys and Girls clubs that operate on tribal lands where tribal libraries may not exist, said the National Tribal Telecommunications Association. The clubs often “offer as an alternative to tribal libraries” and “may be the only way to access the services necessary for continued learning and development.”

Confirm that tribal libraries are those designated as such by a tribe, said the American Library Association and Association of Tribal Archives, Libraries and Museums. Doing so “correctly recognizes the sovereign nation status of such tribe which is a critical step in advancing equity for tribal libraries and the communities they serve.”

The proposed update is a “common-sense measure,” said NTCA. More than 100 NTCA members serve tribal communities, it said. Expanding eligibility is “good public policy,” said WTA, saying its members serving areas that include tribal libraries “can rapidly make certain that all previously ineligible Tribal libraries are made aware that they may now seek E-Rate support” and how to apply once the change is official.

"Much work remains to achieve better broadband deployment in tribal lands,” NTCA said. WTA suggested the FCC give tribal libraries “as much flexibility as feasible” so they can use E-rate support in a way that meets their communities' specific needs. It’s “critical” that policymakers also acknowledge the evolving nature of public libraries to “ensure these vital community anchor institutions continue to have access to support,” said Advanced Data Services.

A “significant barrier” to participation is a “lack of staff time to manage the complex application process,” ALA and ATALM said, suggesting the FCC implement more robust outreach. E-rate rules need to be simplified so a tribe can “navigate the process itself without resorting to paying consultants or spending massive internal resources on staffing dedicated to understanding the Byzantine E-rate and [Universal Service Administrative Co.] processes,” NNTRC said. The FCC should ensure USAC “won’t play ‘gotcha’ games against tribes” and adopt a statute of limitations for recoupment, it said. ALA and ATALM suggested adding a member to USAC’s board dedicated to working with tribal beneficiaries.

Set aside 5% of E-rate funding for tribal communities every fiscal year, ISOC and Salmonberry said: This “can ensure that tribes receive an appropriate allocation of the total availability of E-Rate funds” and a “consistent pot of funds [is] available.”