Navajo Broadband 2009 – 2013 Broadband on Navajo: a $60 Million Dollar Opportunity

$50 Million Broadband Plan

Currrently CommNet Wireless and the Navajo Nation are working together to spend about $50,000,000 in stimulus funding before 2nd quarter 2012.

We can expect to see this money solve the need for access at the chapter houses and within HUD developments for about 60% of the homes on the Navajo Nation.

—– see also http://kayentatownship.net/blog/?p=2317

Navajo Nation and Navajo Tribal Utility Authority Announce Venture to Deliver Wireless Phone and Broadband Services to Navajo Nation

WINDOW ROCK, ARIZ. – April 4, 2011 — The Navajo Nation and Navajo Tribal Utility Authority (NTUA) proudly announced today an agreement to acquire majority interest in Commnet Newco, LLC, a wholly owned subsidiary of Commnet Wireless, LLC, which will allow NTUA to more fully participate in providing the first 3G wireless cell phone service and 4G broadband services, last-mile services, to residents of the Navajo Nation.

The new company, NTUA Wireless, LLC, will deliver a substantial upgrade of telecommunications services currently available to residents of the Navajo Nation. The effort will provide new, affordable mobile phone service and access to high-speed data services and the development activities are being partially funded by the $32.1 million broadband grant NTUA received from the National Telecommunications & Information Association (NTIA) as part of the American Reinvestment and Recovery Act.

Navajo Nation President Ben Shelly signed a letter of support on behalf of NTUA Wireless and endorsing NTUA Wireless’ designation as an Eligible Telecommunications Carrier (ETC) by the Federal Communications Commission (FCC).

“NTUA Wireless is a very important milestone for broadband development and will benefit the Navajo Nation in two important ways,” President Shelly said. “First, it delivers advanced telecommunications services to Navajo consumers that are vital for ensuring economic opportunity and viability, which is a core goal of the Shelly-Jim Administration. Secondly, because it is majority Navajo-owned and its success will bring the best of broadband to the Navajo Nation. Thank you NTUA and Commnet for working toward a long term information and communication technology solution that is leading edge and sustainable.”

“Secondly, because it is majority Navajo-owned and its success will bring the best of broadband to the Navajo Nation,” he said. “Thank you NTUA and Commnet for working toward a long term information and communication technology solution that is leading edge and sustainable

Speaker of the Navajo Nation Council Johnny Naize applauded today’s announcement, saying that the region welcomes new business to improve services.

“The Council and I want to congratulate NTUA on this new venture that will provide better communication services for the Navajo people,” said Navajo Nation Council Speaker Naize. “We all know the tremendous impact of having reliable telecommunication has on improving economic development, education, and health services for our communities.”

The cell phone service will include unlimited plan options starting at low monthly rates and Pay-As-You-Go plan options offering low per-minute rates on local and long distance calls and the flexibility to pay for, and use, as much or as little as a customer wants. Data, texting, picture messaging and local and long distance calling will be available on all cell phone rate plans. NTUA Wireless expects to launch cell phone services beginning mid-year and broadband monthly plans will offering high-speed Internet access will be available beginning in certain areas this year and throughout most of the Nation by the end of 2013.

Navajo Nation Council Resources and Infrastructure Subcommittee Chairperson Katherine Benally also elated to hear the news added, “The Subcommittee is ready to assist so that the youth of our Nation can sit anywhere and communicate with the rest of the world. This is a very exciting time and I certainly appreciate NTUA for taking on this initiative for the benefit of the Navajo people.”

NTUA Wireless also intends to offer Lifeline, a discounted and affordable cell phone service, to qualifying individuals upon being designated as an ETC by the FCC. NTUA Wireless will be under the jurisdiction of the Navajo Nation Telecommunications Regulatory Commission (NNTRC) and the NNTRC will work with the FCC in a government-to-government relationship to review NTUA Wireless’ petition to be designated an ETC and become eligible for federal support from the Universal Service Fund

“This project will allow us to dramatically improve existing services, while at the same time, delivering the latest technology to our customers,” said NTUA General Manager Walter Haase. “As part of the effort, we will develop the communications infrastructure needed to bring the Navajo people many advanced telecommunication services already enjoyed by the majority of the U.S. population.”

A Program to help or Hinder ?

THURSDAY, DECEMBER 16, 2010
Alert: Motorola Confirms Inspector General’s Audit of $50 Million BayWEB Broadband Stimulus Grant
First OIG Announced Audit Under Entire Broadband Stimulus Program; NTIA Unaware of OIG Action

StimulatingBroadband.com 12/16/2010 – (Updated 11:20 PM) San Francisco – Company and federal officials have confirmed that the $50 million BayWEB broadband stimulus award to Motorola, Inc. (NYSE: MOT) is now the subject of an audit by the Office of the Inspector General of the U.S. Department of Commerce (OIG).

BayWEB thus becomes the first and only broadband stimulus award in the nation to be specifically targeted for an audit by a federal inspector general, or to be publicly announced as the focus of such an inquiry.

Inspector General Todd J. Zinser, U.S. Department of Commerce
In excess of $7 billion has been awarded to date, although little of it has been expended, under one of the signature technology funding programs within the Obama Administration’s $787 stimulus effort. The program is jointly managed by the Agriculture Department’s Rural Utilities Service (RUS) and the Department of Commerce’s National Telecommunications and Information Administration (NTIA). BayWEB is a grant solely issued by NTIA for one of the few federally financed 700 MHz LTE public safety networks.

News of the audit was first broken by business reporter Eli Segall of the San Jose Business Journal this afternoon. Segall quoted OIG spokesperson Randall Popelka as saying, “There is apparently an irregularity in this grant, and we look at irregularities.”

Popelka confirmed for this publication early evening today that the OIG audit of BayWEB is underway, and the reporting by Segall was fully accurate.

Motorola’s authorized spokesperson for the firm’s Government and Public Safety section, Mr. Matthew Messinger, stated to StimulatingBroadband.com this afternoon that “we are aware of the audit.” Continued Messinger, “the people we are talking to within Motorola say this is customary.”

When asked if the OIG’s audit was ongoing, the Motorola spokesperson replied, “We are aware the audit is being done.”

When reached early evening today, NTIA spokesperson Ms. Moira Vahey was unaware of the audit action by OIG, stating the agency would have a response comment Friday morning.

http://www.stimulatingbroadband.com/2010/12/alert-motorola-confirms-inspector.html

Update on Navajo Broadband Project (Summary)

This amazing project seems to improve over time. RFPs from NTUA will be available soon for those vendors who want to participate. Research indicates that this project is supported by the right Navajo Entities for a successful and timely completion in 2013.

ARRA 1st Round Successful NTUA Application – by Monroe Keedo

Commnet is the “last mile” partner because they have the 700MHz spectrum

$13,796,743 is 30% Matching Funds from NTUA and Commnet, which totals $46 million
$37 million going to “middle mile” and $8 million going to “last mile”

This is a 3 year Grant – from March 25, 2010 – March 25, 2013

550 miles of fiber optics; 27 existing towers (NTUA & Commnet) being modified and 32 new towers 1,300 miles of Licensed Microwave and 12,000 square miles of 4G LTE Wireless Coverage

Phase I: It will start in Farmington, NM thru a POP with PNM, Shiprock, NM (District Office) to Ya-Ta-Hey, NM (Sacred Wind Communications facility)
Phase II: Tohatchi, NM to Window Rock, AZ (Burnside Sub-station), Coalmine Sub-station to Burnside into Chinle, AZ and around to Tsaile, AZ (Dine College will benefit from this also)
Phase III: Chinle, AZ to Kayenta, AZ to Burnside Sub-station to Birdsprings, AZ and into Coalmine, AZ

Capacity of 4GB Channels and expand to 16GB – Migration expansion to 80 GB
Data Center (design & infrastructure) is part of this Grant
Network Operating Center will be built in Fort Defiance, AZ

source: nntrc.org

$15 Million : 7th grader 2011-2015 Laptop Initiative

The Navajo Capital Improvement Offices are planning:

more than $15 Million dollars per year between 2011-2015 to provide computers to 7th graders

this explains many things and is an amazing opportunity to

• test the planned, network
• develop a standardized laptop for use on the Navajo Nation
• determine if the Rez is smart enough to buy each student a MacBook Pro 13″ (~$1,000) or simply a $400 Dell
• Dept of Ed reports ~1200 7th graders on Navajo Reservation in Public School
• If BIA schools are about the same then per student expenditure is in the range of $6,000 – plenty for a MacBook

sources

• Infrastructure Capital Improvement Plan (ICIP FY2011-FY2015)
• 2008-09 AZ ENROLLMENT BY GRADE LEVEL On-Navajo Nation

Coverage Map for Navajo Broaband (Proposed)

NTUA Broadband Project Map

Protected: Contacting Commnet Wirless

Navajo Broadband NTUA project updates

Great Review on Navajo Broadband brings up interesting points:

• ***Right of way issues are not worked out
• Surveys for new towers are yet to be completed
• Contractors will be hired for second phase of project, but not initial tower construction to be done by NTUA
• Model for reselling broadband as wholesalers is considered (even though this muni-wireless model has failed to function in more than 20 markets)
• NTUA is going to complete 60% of project and hire ~35 Workers
• NTUA is responsible to complete project in 3 years to receive funding
• Commnet Wireless the major partner ignored reporters interview requests

Time is of the essence and experienced contractors on Navajo know to question a revenue model that is going to use large cellular providers to offset initial construction costs. The population and cellular/broadband use on the Navajo Nation will need to expand to bring these types of partners on board for the project.

The amazing opportunity for Broadband on Navajo must be balanced with well designed local content

1. Who is going to create the content?
2. What can be done with such a powerful network ?

New jobs, revenues may stem from Navajo broadband grant
Staff Writer
Posted: 04/05/2010 12:00:00 AM MDT
By James Monteleone
Four Corners Business Journal (this article is in google cache)

FT. DEFIANCE, Ariz. As many as 35 new workers could be hired by the Navajo Tribal Utility Authority over the next three months to begin construction on a $46 million broadband and wireless Internet network across the Navajo Nation.
The project, funded in part with $32.2 million in federal stimulus dollars, has proposed to provide Internet access across more than 15,000 square miles of the rural Navajo Nation, NTUA General Manager Walter Haase said.
To connect 30,000 houses across the reservation and more than 2,000 businesses and community offices, the project will install more than 530 miles of fiberoptic transmission wire to provide high-speed Web service to the major Navajo cities, including Shiprock, Window Rock, Kayenta, Tuba City and Chinle.
Hoping to reach the more remote areas of the Navajo Nation, the project plans to build 33 new microwave transmission towers, more than doubling the 24 towers already established. The towers will transmit a 3G and 4G wireless system, meaning the development also will improve cell phone service across the reservation significantly, Hasse said.
The broadband project, which NTUA has contributed $11.6 million toward, is required to be completed within three years to qualify for the full $32.2 million stimulus award. Construction to connect the fiber line in Farmington out past Shiprock could begin in as few as three months, Hasse said.
Dozens of new NTUA employees are necessary because the tribal utility plans to independently complete as much as 60 percent of the fiber line construction work.
“We will be keeping those crews long-term, because when we’re done, we’re going to have crews on the east side and west side for maintenance,” Hasse said. The added workforce will be balanced out by attrition in the years following the project completion.
Other needed work, such as the surveying and construction of the microwave towers, will be awarded to third-party contractors following an open bid process.
The massive broadband expansion plan is broken down in five phases. Only the first phase in pending clearance to begin construction. Right-of-way, surveying and engineering contractors are being sought for later phases, Hasse said.
Hoping to develop economic opportunity, NTUA identified the proposed wireless microwave towers as a source of new revenues.
Atlanta-based Commnet Wireless, which already operates 10 towers on the reservation to resell connections to commercial wireless companies such as Verizon and Alltel, has invested $2.2 million in the project for a share of rights to the improved wireless connectivity.
A spokesman for Commnet Wireless did not return repeated calls for comment on the project.
“Even though we got this wonderful grant, we still have $14 million in assets we have to get a return on,” Hasse said. “We had to have a business plan behind this, and part of the backbone of that business plan is dealing with the Verizons and AT&Ts and all those folks.”
NTUA plans to also resell connectivity to other companies, acting as a wholesaler. Tribal leaders will determine later this year whether to independently pursue retail Internet and wireless services for its customers or rely solely on the services of other companies.
The broadband Web connection in remote areas of the Navajo Nation will mean greatly improved opportunities for residents otherwise cut-off from technology, including expanded education programs in schools and advanced telemedicine services at community hospitals, government leaders have said in the announcement of the stimulus funds in late March.
Initially the project will provide improved Internet access to at least 49 Navajo chapter houses, as well as hospitals, police stations and other government or public offices. Residential Internet connections will follow.
“It’s going to help us. Someone has said we’re 30 years behind the times. I believe it. … I see it,” NavajoNation President Joe Shirley said following the project announcement. “This infusion of new capital is going to bring us a long ways in terms of helping us to catch up with the mainstream.”
Although the proposed broadband connection on the Navajo Nation will tap into the fiberline that connects Farmington with Albuquerque, the added demand for bandwidth will not weaken services already provided in Farmington or Durango, said Steven Dorf, CEO of FastTrack Communications, the Durango-based company that operates the fiberline backbone to Albuquerque and Grand Junction.
“It shouldn’t, because if it’s engineered properly, there’s plenty of bandwidth. It may not even touch the same facilities that go through Farmington,” Dorf said of the effects of increased demand on established connections.
FastTrack Communications has proposed to work with the Navajo broadband project to offer a variety of Internet Service Provider options, increasing competition and lowering overall prices for users’ Web access.
The NTUA manager said although the timeframe is a challenge, NTUA is committed to getting thebroadband expansion plan completed efficiently.
“We’re aggressively engaged in this and we’re trying to do our best,” Hasse said. “We already put a good first-step forward.”

NTUA Project Management RFP

This RFP is for research purposes as it was due on 4/16/2010

LEGAL ADVERTISEMENT

Fort Defiance, Apache County

Arizona

Navajo Tribal Utility Authority

REQUEST FOR PROPOSALS

“Project Management Consulting Services for NTUA Navajo Nation

Middle Mile Fiber Broadband Projects”

The Navajo Tribal Utility Authority (NTUA) is hereby executing an outside independent

supplier to perform Project Management Services for our five (5) Navajo Nation Middle

Mile Fiber Broadband Build out Projects.

Inquiries and questions are to be submitted to Ms. Natasha Hanley, Purchasing Agent

at (928) 729-5721, extension 6246 or via email nhanley@ntua.com.

Summary of work shall be obtained from Ms. Natasha Hanley, Purchasing Agent at

(928) 729-5721, extension 6246, or via email nhanley@ntua.com; NTUA Purchasing

Department North Navajo Route 12, Fort Defiance, Arizona 86504.

Price Proposal shall be submitted as described in the RFP in a sealed envelope marked

“DO NOT OPEN – Project Management Consulting Services for NTUA Navajo

Nation Middle Mile Fiber Broadband Projects and must be received by April 16, 2010

@ 4:30 PM, DST at the following destination:

Federal Express, United Parcel Service or Hand-Delivered:

Navajo Tribal Utility Authority

ATTN: Ms. Natasha Hanley, Purchasing Agent

North Navajo Route 12

Fort Defiance, Arizona 86504

or United States Postal Services Express Shipment to:

Navajo Tribal Utility Authority

ATTN: Ms. Natasha Hanley, Purchasing Agent

Post Office Box 170

Fort Defiance, Arizona 86504

Firms mailing their proposals shall allow sufficient time for mail delivery to ensure

receipt by the due date and time. Late, facsimiled or electronic mailed proposals will not

be accepted.

Award Preference will be given to Navajo and other Indian-owned firms that qualify for

preference pursuant to Navajo Nation Business Opportunity Act (5 N.N.C. ž 201, et seq.) and

the Navajo Preference in Employment Act (15 N.N.C. ž 601, et seq.). Firms shall submit

evidence of their preference priority certification with their proposal.

NTUA reserves the right to reject any and all bids. The Navajo Business Preference

Laws on bidding and contracting shall apply. Bidders claiming Navajo Preference shall

provide certification documents from the Navajo Business Regulatory Department

(NBRD) with their bids.

This is the html version of the file http://www.ntua.com/word%20and%20pdf%20files/10APR16_RFP_PM%20CONSULTING%20SERV%20FIBER.pdf.

NTUA Master Project Document

www.ntua.com/word%20and%20pdf%20files/Binder1.pdf

NAVAJO TRIBAL UTILITY AUTHORITY

Celebrating 51 Years of Providing Utilities to the Navajo Nation

For Immediate Release Date: March 25, 2010

Contact: Deenise Becenti – NTUA Public Affairs: 505-870-2043 deeniseb@ntua.com

Brian Gilbert – Commnet WirelessMobile: 928-660-9413 Email: bgilbert@commnetwireless.com

NTUA and Commnet Wireless receive multi-Million Broadband/Wireless Grant

FORT DEFIANCE, Ariz. – The Navajo Tribal Utility Authority (NTUA) has been notified that the “Navajo Nation Middle/Last Mile Project: Quality Broadband for the Navajo People” application will receive a $32.1 million grant though the American Recovery and Reinvestment Act (ARRA) for a major broadband initiative.

In August 2009, NTUA submitted an application to the U.S. Department of Commerce National Telecommunications and Information Administration (NTIA) to build a fiber optic network communications and microwave infrastructure throughout the central core of the Navajo Nation.

The overall project budget is approximately $46 million, which combines the NTIA grant award and a 30 percent matching contribution of $11.3.M from NTUA and $2.2 million from partner Commnet Wireless.

In the application, NTUA stated that the Navajo Nation, like most rural areas, faces considerable challenges regarding telecommunications services. While a number of initiatives have aimed to provide broadband on the Navajo Nation, access to the service remains almost universally absent.

“When looking at the broadband access map, the void in the southwest is predominately the Navajo Nation. With this project, we would fill a large portion of that gap,” said NTUA General Manager Walter Haase. “This will allow high quality reliable telecommunications service in the Navajo Nation and will enable information and communication flow throughout the region. This is a huge step forward in terms of high capacity connectivity.”

“When in place, the Navajo Nation will not be waiting to catch up with the rest of the country,” Mr. Haase said. “We will actually be an unparalleled and significant step ahead.”

The Navajo Nation Middle/Last Mile Project will be implemented in five (5) phases, which will extend over 530 miles. The construction plan includes installing 96 strands of aerial fiber optic cable and 33 new microwave tower sites. This undertaking amplifies NTUA’s existing microwave network to provide broadband access to 15,120 square miles of the Navajo Nation’s 27,000 square mile area.

MORE

NTUA Middle/Last Mile Project Page Two 3-25-10

“This is significant for schools, hospitals, and chapters,” he said. “Physicians and health care personnel throughout the Navajo Nation will be able to utilize telemedicine and teleradiology services. Indian Health Service facilities in each community will be interconnected to enhance communication among health care providers, and to the outside world.”

“As for schools, our children and teachers will have access to the best internet technology possible. Navajo Nation Chapters and tribal communities will have a more reliable internet and broadband connectivity,” he said, adding that the accessibility to broadband is vital to the economic development, education, employment, and health and safety of the Navajo Nation.

Additionally, NTUA will be partnering with Commnet Wireless to provide last mile services via their 4G Long Term Evolution (LTE) network. Through this 4G network NTUA will be able to service both fixed and mobile customers with high speed broadband access.

“Commnet Wireless feels honored to partner with NTUA and the Navajo Nation on the development of a 4G mobile broadband network for the largest underserved tribal region in the country,” said Lou Tomasetti, CEO of Commnet Wireless. “As an advocate for bringing enhanced wireless services to rural America it is a privilege to be a part of NTUA’s vision in providing affordable broadband to Navajo Lands.”

The project 4G LTE project itself, will initially provide fixed and mobile service to over 30,000 households (approximately 135,000 people) and 1,000 businesses in 15 of the largest communities on the Navajo Nation, including Window Rock, Shiprock, Kayenta, Chinle, and Tuba City. In addition, the project will provide high capacity connectivity on the combined middle-mile backbone to an additional 49 tribal communities.

“I would like to personally thank Navajo Nation President Joe Shirley Jr., the Navajo Nation Council, and other tribal leaders for supporting the concept of this project,” said Mr. Haase, additionally expressing appreciation to the elected state governors, U.S. Senators and Members of Congress from Arizona, Utah and New Mexico for reinforcing the need for the project.

“Their leadership played a key role providing the U.S. Department of Commerce the understanding of the region and the fundamental need for this groundbreaking project,” he added. “Their support significantly increased our chances to build a communications infrastructure which will serve the needs of our people and the southwest region for generations.”

###

About the Navajo Tribal Utility Authority

The Navajo Tribal Utility Authority is the largest multi‐utility company owned and operated by an American Indian tribe. NTUA, a non‐profit enterprise, was established in 1959 by the Navajo Nation Council to provide electricity, water, natural gas, wastewater treatment, and photovoltaic (solar power) services to residents throughout the 27,000 square‐mile Navajo Nation, which spreads across northern Arizona, northwestern New Mexico, and southeastern Utah. Even as NTUA works hard to meet the basic utility needs of the Navajo Nation – the region continues to suffer from the lack of access to electricity and other basic infrastructure needs. For more information visit: www.ntua.com

About Commnet Wireless

Commnet Wireless (www.commnetwireless.com) is the nation’s leading provider of wholesale voice and data services to the wireless telecommunications industry. Commnet Wireless works in partnership with national and regional wireless operators to offer highly‐reliable, feature‐rich coverage in a variety of technical environments. We currently manage wireless networks in 14 states.

JANICE K. BREWER

GOVERNOR

NEWS RELEASE

CHAD KIRKPATRICK

DIRECTOR

FOR MORE INFORMATION CONTACT MATT MORALES 602-364-4772

FOR IMMEDIATE RELEASE

Thursday, March 25th, 2010

STATE OF ARIZONA GOVERNMENT INFORMATION TECHNOLOGY AGENCY

100 N. 15th Avenue, Suite 440 Phoenix AZ 85007

Governor Jan Brewer Announces Stimulus Broadband Infrastructure Award to Benefit Navajo Nation

Navajo Tribal Utility Authority (NTUA) is awarded $32.2 million federal grant from the U.S. Department of Commerce’s National Telecommunications & Information Administration

PHOENIX – Governor Jan Brewer announced today that the Navajo Tribal Utility Authority (NTUA) has been awarded an approximately $32.2 million federal grant through the American Recovery and Reinvestment Act (ARRA) of 2009 by the U.S. Department of Commerce’s National Telecommunications & Information Administration (NTIA) Broadband Technology Opportunities Program (BTOP). This grant along with partial matching funds, will provide middle mile and last mile broadband infrastructure access to the Navajo Nation. Middle mile is the equipment and infrastructure that carriers the internet over longer distances, while last mile broadband carries internet to its final destination over shorter distances, directly to the home or business.

“This grant to the Navajo Nation’s Utility Authority will revolutionize broadband communications on the Navajo Nation,” said Governor Brewer. “This grant will deliver broadband internet, which will foster jobs, business development and new educational opportunities. This is a step forward in bringing the tools of economic prosperity to every corner of our state.”

This broadband project will benefit over 30,000 households and 1,000 businesses. Governor Brewer was an early endorser of the Navajo Nation’s Utility Authority’s grant application. The NTIA solicited the formal advice of the Governors of the fifty states as part of the overall broadband grant decision making process. Governor Brewer in her letter to the NTIA recommended the Navajo Nation Utility Authority’s grant.

“The Navajo Tribal Utility Authority grant received the highest recommendation in its category by the Arizona Broadband Advisory Committee (ABAC),” said Arizona State CIO Chad Kirkpatrick. “The Navajo Nation was identified as one of the areas in Arizona with the greatest need for broadband support. The plan was well thought out and well presented,” Kirkpatrick said. The ABAC Committee was assembled by Governor Brewer to provide insight and advice on over 100 broadband grant applications that could impact Arizona. For additional information see: http://www.broadbandusa.gov

###

Phone: (602) 364-GITA

3-4 Years to Approve New Towers ?

Navajo Telco meeting from December 2009 provides great clues to what is going on with this broadband project.

• How is Sacred Wind involved ?
• How can a 3 year project be completed if it takes 3-4 years to approve a tower ?
• What can the communities do to stay involved ?
• Who is actually involved ?

PDF: http://www.nntrc.org/cms/kunde/rts/nntrcorg/docs/395977355-02-26-2010-14-29-44.pdf

NAVAJO NATION TELECOMMUNICATIONS REGULATORY COMMISSION MONTHLY MEETING THE MARRIOTT – TAOS CONFERENCE ROOM ALBUQUERQUE, NEW MEXICO THURSDAY, DECEMBER 17, 2009 @ 9:40 AM

AAGENDA ITEM

DISCUSSION

ACTION ITEMS

Motion

Second

Vote

I. Call Meeting To Order

Pro-Temp Chair Lynch called the meeting to order @ 9:40 AM

Invocation:

Commissioner Begaye

Roll Call: Mr. Tome

Commissioner’s Begaye, Leonard, Lovejoy, Lynch, Nez Absent: Commissioner Platero

Recognition of Guests:

John Badal, Sacred Wind Communications; Carl Wibel, CellularOne; Brian Gilbert, Commnet; Greg Kelly, Department of Justice and Pearl Lee, Telecommunications & Utilities Department

II. Review & Adopt Meeting Agenda

Read by Mr. Tome

Leonard

Begaye

5-0-0

III. Review & Adopt Meeting Minutes

September 17, 2009 November 19, 2009

Leonard

Lovejoy

5-0-0

IV. Reports & Updates

A. Brian Gilbert, Commnet – 4G Presentation • Skipped to B B. Deswood Tome, NNTRC; Brian Tagaban, NDOH; Monroe Keedo, NTUA – Broadband Application • Defer to the next meeting since Mr. Tagaban & Mr. Keedo are not in attendance • A comprehensive report has been included in Executive Director’s Report C. John Badal, Sacred Wind Communications – Update • Backbone tower infrastructure is complete • Over the last 3 years SWC have upgraded copper wire • 2,200 customers now have access to high speed internet • 100 customers have been added to wireless technology • Minimum target is 1,000 customers by 2010 • Field trial of air span of fixed wireless equipment, operating 3.65 GHz frequency • Federal Government requires field trial to accept application, to measureeffectiveness • Field trials conducted and ended (January 2009) in Rock Springs & Tsayatoh

Chapters • FCC limited capacity and released the lower band, 25 MHz • Request was made for FCC to release upper band

o FCC stated it will be released in a couple of years • There are only two (2) towers on Navajo lands: Gibson Peak & Mount Powell

o o o

Approvals for BLM/Private lands took 4-6 months Approvals thru Navajo Land Department took 2 years & BIA took 1 year SWC is stilling waiting for approval from BIA for an easement

• Request made to Land Department for SWC to cross reference documents • Request from Land Department & BIA to identify a process so SWC can re-

document all facilities that lack documentation • Memorandum of Agreement (MOA) signed between Qwest & Navajo Nation

o Sacred Wind Communications acquired Qwest

o Inherited a the deadline to Qwest, on December 16, 2009 • SWC is asking for a new MOA (drafted) that establishes a streamline procedure

for permitting 600 miles of copper wire o Two (2) sets of procedures from Navajo Nation and BIA

• Commissioner Lovejoy asked Mr. Badal if NNTRC could be of assistance to proceed with MOA

o

Mr. Badal stated a Resolution or Letter of Support from NNTRC would be of great assistance

␣ Encourage BIA & Land Department to establish streamlined process for authorizing the use of land for equipment in the ground prior to 2004

␣ Establish a process for all facilities, wireless and land line • The Navajo Nation has a process that takes 3-4 years, versus a tower request in

Bernallilo County which takes 150 days to make a decision on the location • Pro Temp Chair stated the Commission attempted to exercise authority to

approval all Rights-Of-Way (ROW) for telecommunications o Mr. Kelly stated the Commission has a legal right to affect ROW in

regards to telecommunications o Resources Committee also met with the Broadband Group regarding

ROW in which the Resources Committee requested to hear from the

Meeting Minutes, December 17, 2009 – 1 of 5

NAVAJO NATION TELECOMMUNICATIONS REGULATORY COMMISSION MONTHLY MEETING THE MARRIOTT – TAOS CONFERENCE ROOM ALBUQUERQUE, NEW MEXICO THURSDAY, DECEMBER 17, 2009 @ 9:40 AM

TTelecommunications Regulatory Commission ␣ Recommended Commission to have a Work Session with

Resources Committee o The Land Department is following Federal Law which requires

compensation to use Navajo lands (used by outside entities); however,

these considerations can be waived by the Tribe o Six (6) months ago, the TRC Commission passed a Resolution for

paradigm shift • Pro-Temp Chair requested Mr. Tome to schedule a meeting between the

Resources Committee and the Telecommunications Regulatory Commission o Commissioner Lovejoy requested BIA also be present

• Commissioner Nez suggested providing samples of different types of development to show what the differences are for pipeline & telecommunications and stress the Navajo Nation needs broadband

• Commissioner Lovejoy stated there needs to be data with comparisons, current projects, economic loss and how tribal customers are at a disadvantage without phone service

• Pro-Temp Chair requested Mr. Tome to develop and submit a position paper for the meeting with Resources Committee and BIA

o Attach incidences like the Sacred Wind Communications obstacles trying to deploy telecom structure for internet accessibility

o Draft & send to the Commissioners for review & input • Commissioner Nez also mentioned there is supposed to be a Handbook

developed by the BIA and the Land Department o Mr. Tome stated this information is in his report & copies will be

provided to the Commission • Mr. Wibel indicated he is willing to attend the meeting to discuss their obstacles

in building towers/structures & attaining ROW’s from the BIA • Commissioner Nez stated the Commission also needs to focus on co-location so

there aren’t too many towers/structures built in one location • Mr. Gilbert, Commnet, stated they are in negotiating agreements to co-locate a

cell site on Second Mesa (Hopi) with a water company in which the Federal Government cooperated with a private industry in the co-location of the water tank but this does not work on Navajo lands

o This issue should be addressed in the meeting with Resources & BIA A. Brian Gilbert, Commnet – 4G Presentation • Break: 10:28 am – 5 minutes • John Champagne, Commnet and Chris Lewis, Commnet accompanied Mr. Gilbert • Power point Presentation provided in Commission packets

o 6 technologies: GSM, CDMA, WiMAX, EVideo, UMDS, LTE

• The FCC and Federal Government need to understand the costs to expand broadband is much higher (in rural areas) than other areas

• Mr. Badal stated average customer spend $30 a month for telecom services but in the State of New Mexico spends $55 a month for land line services

• A company with 7 times operating costs in rural areas with half the income make money through federal subsidies

• Commissioner Nez inquired about environmental compliance comparisons in rural America and tribal lands

• Mr. Badal stated there is no difference but McKinley County has a tower citing ordinance which is different from Navajo Land Department practices

• Mr. Kelly clarified USDA/RUS have a set of environmental regulations that interpret Federal Environmental Statutes and the BIA have their own set of regulations that interpret the Federal Environmental Statutes

• Pro-Temp Chair emphasized a Work Session to discuss

o o o

Ordinance for the Navajo Nation to consider on tower citing Co-location Policy Requirement for Co-location

␣ ␣ ␣

Commnet runs CDMA1X and Edge Smith Bagley runs GSM Edge Sacred Wind Communications runs WiMax

V. Old Business

A. Deswood Tome, NNTRC – e911 Initiative • E911 has been moved to Division of Public Safety • There is not a staff person devoted to e911 at this time

Meeting Minutes, December 17, 2009 – 2 of 5

NAVAJO NATION TELECOMMUNICATIONS REGULATORY COMMISSION MONTHLY MEETING THE MARRIOTT – TAOS CONFERENCE ROOM ALBUQUERQUE, NEW MEXICO THURSDAY, DECEMBER 17, 2009 @ 9:40 AM

•• Recommendation to have e911 assigned to an enthusiastic division/department • Ms. Lee stated pursuant to Government Services Committee (GSC) Action

amended the Plan of Operation for Telecommunications & Utilities Department in

August 2009 • Part of the transition the Division of Public Safety received $100,000 designated

for a Communications Director to oversee PSAP locations o Position Classifications were also provided

• Division of Community Development received $250,000 out of $350,000 T&U Department had

• Ms. Lee’s involvement has been very little but all information regarding e911 is being forwarded to Mr. Cowboy and Mr. Yazzie (overseeing Rural Addressing)

• There were staff transferred to his office, 3 Technicians & 1 Program Specialist • Ms. Claudine Tallwood, oversees section, she inquired about the service plan

o It has to go before the e911 Planning Committee for approval • Ms. Lee also commented the two divisions were selected through legislation and

it is their responsibility to continue with this initiative • Commissioner Nez made a recommendation to have the two organizations attend

the next meeting and provide a report • Ms. Lee stated $350,000 is from tribal monies, which was appropriated to the T&U

Department, which was distributed to the two divisions as part of the transition • Mr. Wibel added CellularOne does not charge 911 surcharge to customers • Commissioner Lovejoy stated $20 million was taken out of the 911 State fund,

which could have been used for Navajo Nation’s Rural Addressing initiative • Ms. Lee stated she worked with Bill Range, New Mexico 911 Director, the office

set aside $750,000 to address NM portion for rural addressing • They were awaiting Navajo Nation’s plan • Pro-Temp Chair requested Mr. Tome to invite Mr. Cowboy and Mr. Yazzie to

provide an update • Commissioner Nez asked if Public Safety is the correct Division to undertake

e911 • Mr. Kelly stated tribal members & tribes are exempt from e911 taxes in the State

of New Mexico o The only way the tax can be lawfully passed on the Navajo Nation

customers is to enter into a Memorandum of Agreement (MOA) • Commissioner Lovejoy clarified tribal members are exempt from 911 State Taxes

and County taxes, not e911 surcharges (not exempt) • Mr. Kelly stated he would look into both taxes for further clarification B. Deswood Tome, NNTRC – Meeting with Senator Hale and Representatives Chabin and Deschine • Mr. Tome read his letter addressed to Senator Hale requesting for a meeting • Mr. Tome is awaiting a response from the Legislators • Pro-Temp Chair inquired on the status of hiring a lobbyist • Mr. Tome stated he would elaborate on this issue during his Executive Director’s

Report

VI. New Business

None

VII. Executive Director’s Report

A. Budget – Provided in packets B. Written Report • 11/20/09 NNTRC notified by U.S. Department of Commerce/NTIA that Navajo

Nation made round two of grant application • 11/24/09 Meeting held with Omar Bradley, BIA to request for a categorical

exclusion, including Ron Maldonado from the Historic Preservation Department • 12/01/09 Meeting held with Omar Bradley, BIA and Tim DeAsis to discuss

problems with fiber in the ground on allotment lands, maintained by Sacred Wind

Communications • Mr. Halona, Land Department, stated they can’t find ROW for Mountain Bell, US

West, Qwest and Sacred Wind Communciations • 12/08/09 meeting with Timothy DeAsis and Jerry DeGroat regarding Eastern

Navajo Land BIA Realty’s 78 applications strict about Code of Federal Regulations

Code of Federal Regulations can be waived 12/14/09 meeting with Simone Yazzie to discuss this issue

o o o Request for Revocable Use Permit

Lovejoy

Begaye

4-0-0

Meeting Minutes, December 17, 2009 – 3 of 5

NAVAJO NATION TELECOMMUNICATIONS REGULATORY COMMISSION MONTHLY MEETING THE MARRIOTT – TAOS CONFERENCE ROOM ALBUQUERQUE, NEW MEXICO THURSDAY, DECEMBER 17, 2009 @ 9:40 AM

oo If SWC goes through ROW Application, it will take 2-5 years with an approximate cost of $1 million

• 12/02/09 Telephone conference with Roxan Widmer with the International Telecommunications Union (ITU) – TDAG meeting in January 2010

• 12/03/09 Received a phone call from Galen Updike, GITA and o 12/07/09 Received a phone call from Katasha Nakai, Governor Jan

Brewer’s Office ␣ Plans to bring Governor Brewer to Navajo Nation to

announce the Navajo Nation’s Application is ranked at the

very top • 12/09/09 Attended confirmation of Commissioner Begaye from Government

Services Committee (GSC) • 12/09/09 Meeting with Mike Halona and received historical information on Rights-

Of-Way (ROW) o Staff are supposed to provide the handbooks from Land Department &

BIA • 12/10/09 attended meeting at the Hardrock Chapter with Ivan Sidney, Hopi Tribe,

to discuss proposed tower construction • 12/14/09 meeting with Fujitsu to discuss spectrum, use of equipment, tower

specifications and electronics in broadband application • Commissioner Nez inquired about discussions relating to wireless broadband

deployment – co-location and new towers sites o Mr. Tome stated comments concerned the wet lands areas but upon

award, more discussions will be made regarding this o Commissioner Nez would like this to be included with discussion with

the Land Department • Commissioner Nez would like to see partners work out how the build out will be

initiated

o o o

NTUA will light up fiber for broadband internal use & other areas Plans need to be done for Navajo Nation & others leasing the fiber Also, will Navajo Nation be in negotiations directly with vendors?

• Mr. Kelly stated a MOA is being finalized and should enter SAS Process within the next month – fiber & tower space at a negotiated rate for Navajo Nation

• Commissioner Begaye discussed the Chapters given the option to be part of the broadband

• Mr. Kelly stated the Chapters are included under this MOA, but the Navajo Nation Government intends to do a second broadband application for the second round of funding in order to pay for chapter libraries infrastructure (previously paid for through eRate)

o There was an existing contract with Bear Data Systems for Chapter- wide infrastructure

o Bear Data Systems is a company procured by the Navajo Nation under

and eRate funded contract

• Pro-Temp o Mr. Tome stated clarified they are a potential bidder for the project o Pro-Temp Chair advised Mr. Tome to take precaution in meeting with

potential vendors to the project o Commissioner Begaye mentioned Fujitsu was a provider to Sacred

Wind Communications o Commissioner Nez made a recommendation to have Mr. Tome,

Executive Director, have more involvement with the TRC office and less involvement with the Broadband Working Group by appointing a new leader – Brian Tagaban or Pearl Lee – because of the involvement with vendors

• Commissioner Begaye stated there are deficiencies with information technology, as a result, currently there was an audit for the Department of Information Technology (DIT)

• Commissioner Lovejoy requested to invite those individuals of concern to the next meeting to discuss NNTRC’s concerns

• Pro-Temp Chair requested Mr. Tome to invite Mr. Skow to the next meeting to provide and update and status report on his department

• Commissioner Nez inquired about Qwest’s non-compliance with MOA and what the recourse would be for Sacred Wind Communications & Navajo Nation

Chair stated her concerns about Fujitsu

Meeting Minutes, December 17, 2009 – 4 of 5

NAVAJO NATION TELECOMMUNICATIONS REGULATORY COMMISSION MONTHLY MEETING THE MARRIOTT – TAOS CONFERENCE ROOM ALBUQUERQUE, NEW MEXICO THURSDAY, DECEMBER 17, 2009 @ 9:40 AM

•• Mr. Tome indicated he read the MOA and Qwest has put two separate accounts in escrow to fix issues but Sacred Wind Communications has not tapped into funds • Mr. Kelly elaborated on Congress passing legislation that allows Navajo Nation to

take on leasing authority provided there are regulations in place o Leases are defined under Federal Statute, which does not include ROW o There is no statutory authority for a delegation from the Secretary to

the Tribe for final approval of ROWs o In the Navajo Nation Government, there are two (2) entities that give

Tribe’s consent – Resources & Economic Development Committee o ROW requires BIA approval o In order for NNTRC to take on ROW approval for telecommunications

would require a large staff o It may be possible to have Land Department take over final approval,

instead of BIA • Commissioner Lovejoy stated the Commission needs to develop clear policies to

make Land Department comply o Recommendation to invite Mr. Jerry DeGroat to the next meeting

a. 2009 Goals & Objectives • Mr. Tome stated he did not do a 2009 Goals & Objectives • He requested to label as 2010 Goals & Objectives

o Navajo Nation Broadband Act o MOA/Joint Powers Agreement (JPA) with Arizona Corporation

Commission (ACC) and New Mexico Public Regulation Commission

(NMPRC) o TPT issue

• Meeting held with John Hart, Minority Office with U.S. Senate Committee on Indian Affairs, to have a hearing on Telecommunications in Indian Country

o Telephone penetration

o ROW – hampers development of telecommunications • Commissioner Lovejoy recommended Navajo Nation fix problems internally

before conducting any hearings • Begaye inquired about any outstanding issues, i.e. penalties, pending issues that

the Commission acted upon • Mr. Kelly stated the Commission needs to adopt a schedule for penalties

o Recommends Questar be discussed in Executive Session at the next meeting

o Awaiting communications with Mr. Skow and documentation from Commissioner Nez

• Department of Justice (DOJ) has had a lot of issues with construction contracts and procurement of contracts

o Implemented an Intra-Governmental agreement

o DIT has a spin number, which is also an issue to deal with • Commissioner Lovejoy recommended issuing Case Numbers as a way to track

issues that come before the Commission

VIII. Chairman’s Update

None

IX. Announcements

A.

B.

Public Notice, FCC Announces the Reauthorization of the Intergovernmental Advisory Committee

o Pro-Temp Chair requested Mr. Tome to find out who the Native American representative is

News, Options for a National Broadband Plan, Task Force Provides Framework for Final Phase in Development of Plan

X. Summary/Wrap-Up Discussion

Next Meeting Date: January 21 (Regular) & 22 (Work Session), 2010 Meeting Location: Phoenix, AZ Optional for Commissioners to attend Arizona Indian Day on January 19, 2010

1.

2. 3.

Meet with Resources Committee, Land Department & BIA (Special Meeting) o Local vicinity

Work Session Regular Meeting

Lovejoy Lovejoy

Nez Begaye

4-0-0 4-0-0

XI. Adjournment

Pro-Temp Chair Lynch requests motion to adjourn @ 1:55 PM

Lovejoy

Begaye

4-0-0

****Commissioner Leonard departed @ 11:15am to attend another meeting

Meeting Minutes, December 17, 2009 – 5 of 5