§ 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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