SNR Denton and Standing Rock Telecommunications Win Federal Funding Support for Wireless Network

WASHINGTON, DC, June 24, 2011—SNR Denton announced today that the Federal Communications Commission (FCC) designated Standing Rock Telecommunications, Inc. (Standing Rock), a tribally-owned wireless carrier, as an eligible telecommunications carrier (ETC), effective immediately. In so doing, the FCC expanded the existing ETC designation conferred by the Wireline Competition Bureau (WCB) to include making Standing Rock eligible to receive federal universal service support (USF) so that it can bring wireless service to the sparsely populated Standing Rock Sioux Tribe Reservation, which straddles the border of North Dakota and South Dakota.

“This decision, long-awaited, but most welcome, means that we will receive federal support to operate our state-of-the-art-network and deliver desperately-needed wireless service to Tribal residents throughout our rural reservation,” said Charles Murphy, Chairman of Standing Rock Sioux Tribe.

The order strongly supports deployment of critical communications infrastructure in underserved Tribal lands by granting ETC designation to Standing Rock to provide wireless service throughout the entire Standing Rock Reservation, without regard to wire center boundaries or partial wire centers. The Commission action was predicated on the historical federal trust relationship that it shares with federally recognized Tribes and its commitment to promote "the availability of affordable communications services to underserved consumers, many of whom reside today on Tribal lands." 

“We have been working for two years to get Standing Rock Sioux Reservation federal USF support for its state-of-the-art wireless network,” said Douglas G. Bonner, a SNR Denton partner and lead lawyer acting on behalf of Standing Rock. “The revenue will help the Tribe to own and operate its own critical communications infrastructure that will provide emergency 911 services to its residents, promote local economic development, help preserve Tribal language and culture, and facilitate education opportunities through distance learning programs.”

The Commission expanded the existing ETC designation previously conferred to Standing Rock by the WCB in August 2010 to designate Standing Rock as an ETC  throughout the entire Standing Rock Reservation, including rural partial wire centers. The Commission recognized that it was empowering the Standing Rock Sioux Tribe to "own and operate the critical communications infrastructure needed to protect the health and safety of Tribal consumers, spur local economic development, preserve Tribal language and culture, and further the education of consumers through distance education programs." 

In addition, in response to Standing Rock's petition for reconsideration, the Commission held that redefinition of a rural telephone company service area is unnecessary when the ETC is designated throughout the rural service areas within the FCC's jurisdictional authority (i.e. those rural telephone company service areas within Reservation boundaries). Therefore, unlike in the earlier Bureau ETC Designation Order, no state commission consent is needed before Standing Rock's ETC designation takes effect.