11
Apr/100

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 measure
effectiveness • 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

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

Filed under: Status Updates
No Comments
Comments (0) Trackbacks (0)

No comments yet.

Sorry, the comment form is closed at this time.

No trackbacks yet.

Categories

Recent Posts

RSS Navajo Nation Spending

RSS Rural Broadband

Navajo Broadband: META