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    FCC GRANTS WAIVER TO EXPAND USE OF TRIBAL LAND BIDDING CREDITS IN AWS-3 AUCTION

    The FCC has granted the waiver Petition of LNGS client Smith Bagley, Inc. (SBI) to apply Tribal Land Bidding credits in the AWS-3 auction to the Eastern Navajo Agency in New Mexico. Under existing rules, a winning bidder in Auction 97 (for the AWS-3 bands) that intends to use its licenses to deploy facilities and provide services to federally recognized Tribal lands is eligible to receive a Tribal lands bidding credit. SBI asked the FCC to apply their Tribal Lands bidding credit to the Eastern Navajo Agency of the Navajo Nation, which is not treated as federally recognized Tribal land. SBI argued that a waiver was appropriate because the Eastern Navajo Agency is regarded as an integral part of the Navajo Nation — residents of the Eastern Navajo Agency are Navajo National Tribal members with full citizenship rights, including the right to vote in Navajo elections. In its Order, the FCC agreed with SBI, waived its rules and granted the SBI Petition so that the Eastern Navajo Agency is now eligible for Tribal land bidding credits in the AWS-3 auction.

     

    LNGS Contacts: David LaFuria and Marc Paul