Mr. Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
MARTIN HEINRICH
FIRST DISTRICT, NEW MEXICO
THE CAPITOL
336 CANNON HOUSt OFFICE BUILDING
WASHINGTON, D,C. 20515
(202l225-6316
DOWNTOWN ALBUQUERQUE
505 MAROUETTE AVENUE NW, SUITE 1605
ALBUQUERQUE, NM 87102
(5051346-6781
SOUTH VALLEY
3211 COORS BOULEVARD SW, SUITE 83
ALBUQUERQUE, NM 87121
(505} 877-4069
October 11,2012
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COMMITTEE ON ARMED SERVICES
SUBCOMMITTEE ON STR...TEGIC FORCES
SUBCOMMITTEE ON
TACTICAL AIR AND LAND FORCES
COMMITIEE ON
NATURAL RESOURCES
SUBCOMMITTEE ON
ENERGY AND MINERAL RESOURCES
SUBCDMMIT reE ON
NATIONAL PARKS, FORESTS AND PUBLIC LANDS
Dear Chairman Genachowski:
I seek clarification regarding the Federal Communications Commission's (FCC) relationship with
tribal governments. In June 2012, the Mescalero Apache Tribe testified before the House Natural
Resources Indian and Alaska Native Affairs Subcommittee that, in a meeting with the FCC, FCC
staff questioned the FCC's obligations to tribal governments because the trust responsibility is not
expressly written in the Communications Act of 1934 (47 U.S.C. §151 et seq.).
As you know, the federal trust responsibility to tribal governments has been affirmed through
numerous treaties with tribal governments, federal statutes, court cases, and executive orders.
The federal trust responsibility is the core principle underlying the federal government's
relationship to tribal governments. In 2000, the FCC adopted a "Statement of Policy on
Establishing a Government-to-Government Relationship with Indian Tribes" that stated, ''The
Commission recognizes its own general trust relationship with, and responsibility to, federally­
recognized Indian Tribes."
Given the considerable history of the federal trust relationship and the FCC's own "Statement of
Policy," it is troubling to hear that FCC staff questioned the FCC's obligations under the federal
trust responsibility. I am concerned that not all of the staff at the FCC is consistently applying its
own stated policy.
Historically, tribal reservations have suffered from some of the worst access to communications
in the country. It is absolutely critical that the FCC support not only improving that access but
also in helping to maintain the access that some tribal governments have been able to achieve.
I ask that you clarify for me the position of the FCC regarding the trust responsibility to tribal
governments and specifically comment on how the Communications Act of 1934 impacts that
relationship.
Hltl~ll.ICH
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