Native Public Media Advocacy

Central to Native Public Media's work are our efforts to advocate for and advance media policies that actively address the needs and realities of Native America.  While federal telecommunications policy has been developing since the 1930s, the Federal Communications Commission (FCC) had no Indian policy until 2000; the Telecommunications Act of 1996 neglects to even mention Tribes.  A 1995 report by the Office of Technology Assessment concluded:

So far as the Office of Technology Assessment can determine, the FCC has not applied the major principles of Indian law to federal telecommunications policy.  Nor has the FCC applied federal Indian policy as enunciated by every President from Nixon through Clinton and by several federal agencies.  The reality is that the current federal (and state) telecommunications policy regime has developed without consideration of Indian law and without a tribal telecommunications policy, and therefore has effectively, if unintentionally, eroded and limited the sovereignty of tribes in this area.[1]

While there have been some advances in recent years, the reality remains that Native Americans continue to be grossly underserved by media and disadvantaged by regulations and policies that arguably do not apply to our unique historic and legal status.

Tribal sovereignty, in particular, raises critically important policy questions that have direct and real implications for how media is and should be allocated and controlled.  NPM believes that media - like land and water - are vital resources for Native Nations.   We believe that Tribal sovereignty can and must be actively considered in the creation and implementation of media policy.  Further, we believe that sovereignty - and the media access and ownership that it implies - is critical to the health of Native communities and to ensuring that Native voices are heard.

This issue is often overlooked - willfully or not - by non-Native policymakers, but it is vitally important in Indian Country.  Indeed, as scholars Joseph Kalt and Joseph William Singer noted, "[E]ffective local, tribal self-government has demonstrably shown progress in alleviating the long-standing problems of economic underdevelopment and social distress in Indian Country.  Tribal sovereignty may not matter to most Americans in their day-to-day lives, but it matters critically to American Indians."[2]

Working within this context, Native Public Media works to advance inclusive and equitable spectrum policy and spectrum-based opportunities that support increased media access, ownership and participation among Native Americans, especially in the broadband arena.

To advance this central goal, Native Public Media works diligently to:

1. Proactively advocate for spectrum policy that meets the special needs and considers the unique issues of Native Americans.  Native Public Media is committed to creating policy that actively recognizes Tribal sovereignty and that ensures that Tribes have the means and the capacity to utilize media in ways that benefit their communities.  As a central component of this work, Native Public Media has produced a high-level policy paper outlining the critical issues, barriers and opportunities pertaining to advancing media access in Indian Country.  This is essential for two reasons:  1) spectrum policy is undergoing a dramatic transformation, especially as the U.S. increasingly moves to wireless communications; and 2) many important questions related to media access, and especially broadband deployment, in Native America remain unanswered.

Native Public Media will actively use this policy paper to catalyze and drive discussion and decision-making among legislators in Congress, at the FCC, at the Corporation for Public Broadcasting, among media reform leaders, and among others involved in shaping media policy.  The paper addresses the key issues related to broadband access in Native America and articulates specific policy positions and recommendations aimed at expanding Native access to and participation in media.

2.  Represent Native Americans in the national media policy debate.

Native Public Media files formal comments in response to FCC notices relating to media ownership, broadband deployment, Internet access and use, and more, and works to ensure that FCC data collection methods are inclusive of Native Americans.

Native Public Media will also continue to advocate for an FCC Native Desk in the Office of the Chairman, that would generate proposals to promote broadcasting on Native lands; propose ways for the Commission to set aside spectrum to meet the needs of Native Nations; help Native Nations hold mainstream broadcasters accountable; study Native station ownership; and assist Native Nations and Native communities in securing new media opportunities. There is no other organization in Native America that is as well positioned as Native Public Media to carry out this work.

3.  Advance awareness of Native America's media needs within the media reform community and promote engagement in media reform among Native American leaders.

Native Public Media collaborates with media reform organizations to advance understanding of the unique ways in which media reform is a key issue for Native America and raises awareness among Native leaders about the importance of media reform and its implications for Native nations.  The organization takes an active role in advancing media reform issues in Indian Country through the National Congress of American Indians and other key conferences and gatherings.

4.  Promote adoption of converged media among Native media makers.

Native Public Media works closely with personnel from the 33 existing Native public radio stations and the 30 new stations in development (as a result of the 2007 FCC Non-Commercial Educational licensing process) to help them utilize converged media.

[1] Office of Technology Assessment, Telecommunications Technology and Native Americans:  Opportunities and Challenges, August 1995Ibid.,, p. 73.

[2] Kalt, Joseph P. and Singer, Joseph William, "Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule" (March 18, 2004). KSG Working Paper No. RWP04-16. Available at SSRN: http://ssrn.com/abstract=529084 or DOI: 10.2139/ssrn.529084