The Nation

Tribal Report of the Northern Cheyenne Nation (June 2006 Vol. I No. 7)

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Wireless Telecommunications on Reservation Supported by the State of Montana

Northern Cheyenne Economic Development Committee

 

                Cell phone service is nonexistent on the Northern Cheyenne Indian Reservation.  Even though there are a handful of random areas in high elevation where cell phones can be used, nonetheless the reception remains inconsistent and is not reliable.  At this time last year the Tribe prioritized wireless telecommunications as a significant means of furthering future economic development on the reservation. It that would create an infrastructure to provide the Tribe, local businesses, and Tribal members with access to technologies that off-reservation non-Indian communities regularly take advantage of and capitalize on.

                As a result of identifying the local tribal need for not just wireless telecommunication, but also telecommunication in general, the Economic Development Committee took proactive steps in planning and implementing a project for providing basic telephone service to tribal members at low-costs.  In order to achieve this goal the Tribe entered into a consultant agreement on June 6th, 2005 to conduct a project feasibility study and provide technical support with Turtle Island Communications, Inc. (TICOMM), which is an American Indian Owned and Operated Company based out of Minnesota. As part of the agreement the Tribe was required to financially match an Administration of Native Americans (ANA) Grant in the amount of $35,010 to assist the study.

                On August 1st, 2005 the Tribal Council selected Economic Development Committee Chairman L. Jace Killsback to serve on the Montana State-Tribe Economic Development Commission (STEDC).  The STEDC is comprised of Tribal Leaders from the seven (7) Montana reservations, appointed by Governor Brian Schweitzer along with other key administrators from the Department of Commerce, Department of Revenues, and the Office of Indian Affairs.  Governor Schweitzer and the State Legislature appropriated 1 million dollars for two years towards Indian Country Economic Development (ICED). It also authorized the STEDC to advise the State on how the funds should be spent.  With $500,000 for the 2005 fiscal year, the STEDC dispersed $55,000 to each Tribe, based on the Tribe’s proposal and need.  Councilman Killsback saw this as the perfect opportunity for the Tribe to meet the much needed financial match for the ANA Grant that TICOMM had been awarded to conduct the feasibility study.  Because the Tribe has a mission to promote economic development on the reservation, which will benefit Tribal members with job opportunities while protecting our natural environment, the Tribal Council adopted Tribal Resolution No. DOI-198 (05) “The Plan of Operations for the Economic Development Committee.”

                This resolution established five distinct and culturally-appropriate “Development Principles” as requirements for all economic development projects and initiatives.  One of these principles is specific and requires any consultant group or project financer to provide adequate training and job opportunities for Tribal members.  It was within these guidelines that Councilman Killsback, as a STEDC member, submitted a grant proposal on behalf of the Tribe to the State for the wireless telecommunication project.  The Tribe received the ICED funds on January 2006 which allowed TICOMM to then hire Tribal member Benjamin Bahr as the project coordinator for the duration of the study.  The final feasibility study was completed in March 2006 and it was presented to the Tribal Council. 

                The Tribe always knew that cell phone service was possible, but did not have the technical background to effectively assess the development until the Tribe established its partnership with TICOMM.  The Tribe became educated and learned much more about the real potential for actual development of a Tribally Owned and Operated Utilities Company that would provide both wireless and basic telephone services to the entire reservation.

                The Tribe is aware of the current telephone services provided by Range Telephone Cooperative which has neglected Tribal members’ need for one local telephone number prefix that would eliminate long distance calls within the reservation borders.  Also, the Tribe has experienced various complaints of the discrepancies in Tribal members’ services, fees, disconnection charges and Right-of-way issues across tribal lands, especially when compared to non-Indian and off-reservation customers.  Although Range Telephone Cooperative issues with Tribal members are important in this discussion, the original topic of discussion is about simple cell phone service on the reservation.  However it is not as simple as it seems.

                The Economic Development Committee followed up with the feasibility study and met with a number of cellar service providers for constructing cell phone towers on the reservation. The Committee became more informed about the numerous regulations, cell phone frequency licensing, and available “air space.”  The crucial disadvantage of having major cell phone companies like Version or T-Mobil, or even smaller local cooperatives like Mid-Rivers Co-op or Chinook Wireless, to construct cell phone towers for the Tribe is that these particular companies would not provide service for the entire reservation.  They would only erect towers along the Highway 212 corridor.  The reason for putting towers along Highway 212 is clear, it is to profit from “roaming” charges of passersby or truckers.  Profits are usually the primary motive for such companies to build towers in rural Montana in the first place.

                Another major drawback in working with these wireless providers is that the Tribe would not benefit from the millions of dollars given by the Federal Communication Commission (FCC) for subsidized programs that service low-income costumers.  Such programs allow low-income costumers to make monthly payments for cell phone service at rates as low as $1 per month.  The FCC’s main role is to enforce federal laws and endorse the notion that every American Citizen is guaranteed basic telephone service.  The Tribe was given the choice to between a “quick fix” solution for cell phone service, which would take 18 to 24 months to construct by a non-Indian company who would receive most of the financial benefits and ultimately limit the Tribe’s sovereignty, or a true “sustainable” economic development goal for attaining total tribal ownership and receiving full financial benefits that would take a period of 2 to 3 years to complete.  Is it worth the wait?

                The Tribe believes it is worth waiting for because the advantages of tribal ownership far outweigh any quick fix solution’s disadvantages.  Moreover, the Tribe is confident that with the completed feasibility study, potential project financers will help expedite the development phases which would accelerate tower construction to within 18 months.  In order to ensure the Tribe is tapping every resource available for the project, the Tribal Council authorized TICOMM to submit an ANA Grant proposal for 1.2 million dollars on March 20th, 2006 for the predevelopment and construction of the wireless telecommunication project.  The Tribe will be notified later in August 2006 on whether the proposal was successful in securing the much needed funding or not.

 

Tribal Report of the Northern Cheyenne Nation (June 2006 Vol. I No. 7), page 3.

Court Talk

Judge John J. Robinson [Northern Cheyenne Tribal Court]

                Exciting changes are underway at the Court. The Tribal Council exercised its lawful authority by reassigning Judge Maria Russell-Bigfire as Trial Judge, and appointing me as Chief Trial Judge. My goal is for the Court to gain the trust and respect of our Northern Cheyenne people and others who want fair and impartial justice, and a speedy resolution to legal problems.

                It will not happen overnight. Some of the immediate steps taken have been a reorganization of the internal Court procedures with emphasis on realignment and clarification of staff duties, staff training, and staff accountability. All cases are under review with hearing and trial dates being put on the calendar. If you have a case pending before the Court and have not heard from the Court, please contact either Roni Rae Brady for juvenile and civil matters, or Keisha Howe for criminal matters.

                New policies are being implemented almost daily. In response to concerns of the community, tougher sentencing is in place for persons convicted of driving while intoxicated, drug abuse, and crimes of violence. Our Court will take every precaution to decrease the risk of injury, death, or property loss of the innocent victims of these crimes. Tougher sentencing also gives the drug or alcohol abuser a greater incentive to seek treatment.

                Probation will not be a consideration unless the crime committed is a first offense and the probation officers make the decision that the person convicted may be rehabilitated. The Court is very fortunate to have hired Danetta Fisher and Brandi Bends in the Probation Department. Danetta is establishing a Court Social Worker position, and Brandi has accepted the Juvenile Probation Officer. Joseph Weaselbear remains the Adult Probation Officer and the line supervisor for the Probation Department. We have a proposal before the Tribal Administration to move the Probation Department to the offices formerly occupied by Dennis Limberhand located across from the west entrance to the tribal office.

                If you are on probation and are not in compliance with the terms of your probation, you need to contact your probation officer immediately. The probation officers and prosecutors are adhering to the new policy that if a probationer is not in compliance, a motion to violate the probation will be filed and a Judge will issue a Bench Warrant. During the last year and a half, the number of probationers rose to an incredible 600 persons. This will be reduced to a more manageable number of 25. If you owe a fine, this must be paid and you may be eligible to enter into a payment plan. Other requirements may be waived provided you have not re-offended since you were sentenced, or you have performed an

alternative that is acceptable to the probation officers.

                A court administrative team consisting of Clerk of Court Lucy Gardner, Deputy Clerk of Court Roni Rae Brady, and myself was established in May. The purpose of the team is to divide the responsibilities between program administration tasks and judicial tasks. The program administration tasks are the primary responsibility of Lucy and myself, and the judicial tasks are the primary responsibility of Roni Rae and myself. The administrative tasks are the drafting of the budgets for FY 2007, monitoring compliance with the FY 2006, and drafting proposals for other funding. Lucy, Roberta Harris, and Danetta have been meeting regularly seeking funding to replace the Circle Grant that will not be refunded. If we are unable to locate new funding, we stand to lose our probation department and the process server as of October 1, 2006. This would be a tremendous blow to our ability to provide much needed services to the Northern Cheyenne Reservation. 

                The judicial tasks I share with Roni Rae are called case management. This is a system of receiving a filing such as a juvenile, criminal, or civil complaint, or a petition, and developing a process whereby the case is reviewed and acted upon in a timely manner. There are a multitude of tasks that must be performed upon each case filed, and the deputy clerks must pay painstaking attention to detail and accuracy. Roni and I are providing ongoing and in-house training to Keisha and Gary Sherman.  Gary is assigned to the front office. Part of the training addresses customer service and confidentiality.  Most of the people who come into the Court do not want to be there. They are facing criminal charges, or are attempting to bring conclusion to an ongoing dispute. They are angry, frustrated, or hurt by the time they first come into the Court. The Court workers are being trained to show professionalism and patience, and to provide prompt and courteous attention. They are not allowed to provide legal advice, but they will give you a list of the attorneys and advocates on the Court Bar.

                We have identified some goals for improvements, and a number of tasks to achieve these goals. Some have already been accomplished, and other goals will be achieved through the next months until October. By then, we will have set our goals for 2007, and identified the corresponding tasks. Suggestions from the community on how the Court system can be improved are welcome. Please put your suggestion in writing and send it to me at Northern Cheyenne Court, Box 1199, Lame Deer, MT  59043 or e-mail me at courttalk@yahoo.com.

 

Tribal Report of the Northern Cheyenne Nation (June 2006 Vol. I No. 7), page 3.

Editor’s Note:

Leo Killsback [Tribal Report Editor]

 

Welcome to the Tribal Report, June Issue, Volume 1, No. 7.  As you may have noticed the Tribal Report has gone through some format changes.  We have a new email address, but the mailing address and phone number are the same.  We are still located in the same area at the Cardio Center, connected to the Northern Cheyenne Board of Health, next to Chief

Dull Knife College.  As the new editor of the Tribal Report, it is my responsibility that each issue is professionally formatted and put out in a timely manner. If you have any questions or concerns about anything having to do with the Tribal Report, or if you have a story or article available, do not hesitate to give me a call or send an email. Ha-ho.

 

Tribal Report of the Northern Cheyenne Nation (June 2006 Vol. I No. 7), page 3.

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