§  54.1004   Service to Tribal Lands.

   (a) A Tribally-owned or -controlled entity that has pending an
   application to be designated an Eligible Telecommunications Carrier may
   participate in any Mobility Fund Phase I auction, including any auction
   for support solely in Tribal lands, by bidding for support in areas
   located within the boundaries of the Tribal land associated with the
   Tribe that owns or controls the entity. To bid on this basis, an entity
   shall certify that it is a Tribally-owned or -controlled entity and
   identify the applicable Tribe and Tribal lands in its application to
   participate in the competitive bidding. A Tribally-owned or -controlled
   entity shall receive Mobility Fund Phase I support only after it has
   become an Eligible Telecommunications Carrier.

   (b) In any auction for support solely in Tribal lands, coverage units
   for purposes of conducting competitive bidding and disbursing support
   based on designated population will be identified by public notice for
   each census block eligible for support.

   (c) Tribally-owned or -controlled entities may receive a bidding credit
   with respect to bids for support within the boundaries of associated
   Tribal lands. To qualify for a bidding credit, an applicant shall
   certify that it is a Tribally-owned or -controlled entity and identify
   the applicable Tribe and Tribal lands in its application to participate
   in the competitive bidding. An applicant that qualifies shall have its
   bid(s) for support in areas within the boundaries of Tribal land
   associated with the Tribe that owns or controls the applicant reduced
   by twenty-five (25) percent or purposes of determining winning bidders
   without any reduction in the amount of support available.

   (d) A winning bidder for support in Tribal lands shall notify and
   engage the Tribal governments responsible for the areas supported.

   (1) A winning bidder's engagement with the applicable Tribal government
   shall consist, at a minimum, of discussion regarding:

   (i) A needs assessment and deployment planning with a focus on Tribal
   community anchor institutions;

   (ii) Feasibility and sustainability planning;

   (iii) Marketing services in a culturally sensitive manner;

   (iv) Rights of way processes, land use permitting, facilities siting,
   environmental and cultural preservation review processes; and

   (v) Compliance with Tribal business and licensing requirements.

   (2) A winning bidder shall notify the appropriate Tribal government of
   its winning bid no later than five (5) business days after being
   identified by public notice as a winning bidder.

   (3) A winning bidder shall certify in its application for support that
   it has substantively engaged appropriate Tribal officials regarding the
   issues specified in §  54.1004(d)(1), at a minimum, as well as any
   other issues specified by the Commission, and provide a summary of the
   results of such engagement. A copy of the certification and summary
   shall be sent to the appropriate Tribal officials when it is sent to
   the Commission.

   (4) A winning bidder for support in Tribal lands shall certify in its
   annual report, pursuant to §  54.1009(a)(5), and prior to disbursement
   of support, pursuant to §  54.1008(c), that it has substantively
   engaged appropriate Tribal officials regarding the issues specified in
   §  54.1004(d)(1), at a minimum, as well as any other issues specified
   by the Commission, and provide a summary of the results of such
   engagement. A copy of the certification and summary shall be sent to
   the appropriate Tribal officials when it is sent to the Commission.

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