FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,767
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Federal Communications Commission
the Mobility Fund will provide up to $500 million annually for ongoing support of mobile services,
including up to $100 million annually for a separate Tribal Mobility Fund Phase 1I.12 The Commission
sought comment on the details for Mobility Fund Phase II, including Tribal Mobility Fund Phase II, in the
Further Notice of Proposed Rulemaking (FNPRM) adopted in the USF/ICC Transformation Order, and
the Bureaus sought further comment in a subsequent Public Notice."
8. Applicant Eligibility. The USF/ICC Transformation Order established application,
performance, and other requirements for Mobility Fund Phase I, including Tribal Mobility Fund Phase I.
In order to participate in an auction for Tribal Mobility Fund Phase I support, an applicant must be
designated as an eligible telecommunications carrier (ETC) for the areas on which it wishes to bid or, if it
is a Tribally-owned or -controlled entity, have a pending application for ETC designation for the relevant
areas within the boundaries of the Tribal land associated with the Tribe that owns or controls the entity.'"
The ETC designation must cover a sufficient portion of the bidding area to allow the applicant to satisfy
the applicable performance requirements.s5 A Tribal entity that wins support in Auction 902 while its
ETC petition is pending must receive an ETC designation prior to support being authorized.'6 An
applicant for Auction 902 must also demonstrate that it has access to the spectrum necessary to satisfy the
applicable performance requirements.'7 Because of the lead time necessary to receive designation as an
ETC and to acquire access to spectrum, prospective applicants that need to do so are strongly encouraged
to initiate both processes as soon as possible in order to increase the likelihood that they will be eligible to
participate in Auction 902. Carriers subject to the jurisdiction of a state in which they seek designation
should petition that state's commission for designation as an ETC to provide voice service. Carriers not
subject to the jurisdiction of the relevant state commission should petition the Commission for
designation as an ETC.'8 The Bureaus have provided guidance on existing requirements for filing an
12 Id at 17824, para. 494.
13 Id. at 18069-85, paras. 1121-88; Further Inquiry Into Issues Related to Mobility Fund Phase II, Public Notice, WC
Docket No. 10-90, WT Docket No. 10-208, DA 12-1853, 27 FCC Red 14798 (2012).
14 USF/ICC Transformation Order, 26 FCC Red at 17823, para. 491; 47 C.F.R. 54.1004(a), 54.1005(a)(3). A
Tribally-owned or -controlled entity must have its application for ETC designation pending at the relevant short-
form application deadline. USF/ICC Transformation Order, 26 FCC Red at 17823, para. 491.
Is See USF/ICC Transformation Order, 26 FCC Rcd at 17798-99, paras. 388-92; 47 C.F.R. 54.1003(a),
16 USF/ICC Transformation Order, 26 FCC Rcd at 17823, para. 491 (noting that allowing a Tribally-owned
or -controlled entity to participate at auction while its ETC petition is pending in no way prejudges the ultimate
decision on its pending ETC petition and that support will be disbursed only after it receives ETC designation); see
also 47 C.F.R. 54.1004(a).
17 USF/ICC Transformation Order, 26 FCC Red at 17799-801, paras. 393-99; 47 C.F.R. 54.1003(b). The
requirement that parties have access to spectrum applies equally to all parties, including Tribally-owned
or -controlled entities.
18 The Commission has established a framework for determining whether a state commission or the Commission
itself has jurisdiction to designate ETCs on Tribal lands. First, a carrier serving Tribal lands must petition the
Commission for a determination on whether the state has jurisdiction over the carrier. The Commission then
determines whether the carrier is subject to the jurisdiction of a state commission or whether it is subject to a Tribal
authority given the Tribal interests involved. In the latter case, the Commission has jurisdiction to designate the
carrier as an ETC and will proceed to consider the merits of the carrier's petition for designation. See
Telecommunications Carriers Eligible for Universal Service Support; Standing Rock Telecommunications, Inc.
Petition for Designation as an Eligible Telecommunications Carrier, Memorandum Opinion and Order on
Reconsideration, WC Docket No. 09-197, FCC 11-102, 26 FCC Rcd 9160, 9161, para. 4 (2011).
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013, book, March 2013; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc177414/m1/20/: accessed November 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.