Increasing telephone penetration rates and promoting economic development on tribal lands: A proposal to solve the tribal and state jurisdictional problems

Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. This note argues that the FCC's proposed tribal and state jurisdiction policies deter eligible telecommunications companies from serving trib...

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Bibliographic Details
Published in:Federal communications law journal 2000-12, Vol.53 (1), p.137
Main Author: King, Jennifer L
Format: Article
Language:English
Subjects:
Economic development
Federal regulation
Jurisdiction
Native peoples
Rural areas
Telecommunications Act 1996-US
Telephone service
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Summary:Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. This note argues that the FCC's proposed tribal and state jurisdiction policies deter eligible telecommunications companies from serving tribal and non-tribal lands, because the process of petitioning the state or federal commission to determine jurisdiction is time-consuming and goes against the principles of tribal sovereignty. In addition, this note proposes that Congress must expressly limit state jurisdiction in order for telephone penetration rates to increase on tribal lands.
ISSN:0163-7606
2376-4457