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Court Blocks FCC's Attempt To Take a Broadband Subsidy Away From Tribal Areas (bleepingcomputer.com)

Jon Brodkin reports via Ars Technica: The FCC decision, originally slated to take effect later this year, would have made it difficult or impossible for Tribal residents to obtain a $25-per-month Lifeline subsidy that reduces the cost of Internet or phone service for poor people. But on Friday, a court stayed the FCC decision pending appeal, saying that Tribal organizations and small wireless carriers are likely to win their case against the commission. "Petitioners have demonstrated a likelihood of success on the merits of their arguments that the facilities-based and rural areas limitations contained in the Order are arbitrary and capricious," said the stay order issued by the U.S. Court of Appeals for the District of Columbia Circuit. "In particular, petitioners contend that the Federal Communications Commission failed to account for a lack of alternative service providers for many tribal customers."

The tribes and small carriers that sued the FCC "have shown a substantial risk that tribal populations will suffer widespread loss of vital telecommunications services absent a stay," the court said. The FCC hasn't proven that its plan won't result in "mass disconnection," the court also said. The court ruling was welcomed by the Crow Creek Sioux Tribe and Oceti Sakowin Tribal Utility Authority, which are among the groups suing the FCC. Several small carriers and the non-profit National Lifeline Association are also plaintiffs in the lawsuit.

33 of 79 comments (clear)

  1. Smallpox, Measles, Influenza, Wampum by PopeRatzo · · Score: 3, Insightful

    We took their country. They least we can do is pay for their fucking broadband.

    --
    You are welcome on my lawn.
    1. Re:Smallpox, Measles, Influenza, Wampum by 110010001000 · · Score: 1, Insightful

      Who did? No one I know of was around when that happened. Maybe you are really old though?

    2. Re:Smallpox, Measles, Influenza, Wampum by TheReaperD · · Score: 1, Troll

      If they want to become independent and successful, wonderful. I wish them the best of luck and we should do everything we can to make it happen. But, if they want to sit on their ass and do nothing on our dime, they fucking deserve it after what we did!

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    3. Re:Smallpox, Measles, Influenza, Wampum by dryeo · · Score: 2

      Well 20th century diseases such as radiation plus heavy metal poisoning. The early uranium mining on Navajo land was pretty gruesome, what without realizing how bad radiation was yet and the 50's technology.
      I know of tribes up here in Canada who's water is full of mercury (ex-pulp mill up stream) that most of the people have mercury poisoning.
      The natives have been treated like shit. The American Constitution puts Treaties as the second highest law in the land but the history is lots of broken treaties, right up to the last year or so. Many of those treaties included ongoing payments of some type or other for the land as well.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    4. Re:Smallpox, Measles, Influenza, Wampum by DNS-and-BIND · · Score: 2, Informative

      The smallpox blankets thing was neither an act of terrorism nor an attempted genocide because it didn't happen. The entire story is a fraud, perpetrated by a former "ethnic studies" professor named Ward Churchill. http://quod.lib.umich.edu/p/plag/5240451.0001.009/--did-the-us-army-distribute-smallpox-blankets-to-indians?rgn=main&view=fulltext

      The High Plains Smallpox Epidemic of 1837 was caused by personal contact with infected passengers from the riverboat St. Peter's, owned by a fur trading company. The epidemic on the High Plains centered around Fort Clark which, despite the name, was not a military installation. It was a privately owned fur trading post. The boss of Fort Clark was Francis Chardon, a fur trader. His personal diary survived to this day, one of numerous eyewitness accounts preserved from the time.

      Not only were infected blankets not distributed, but correspondence from Joshua Pilcher, the Indian Bureau's sub-agent to the Sioux, Cheyenne, and Ponca at Fort Kiowa, just south of Fort Clark, to Mr. Chardon describes one particular problem interfering with attempts to contain the epidemic that is curiously relevant to today. A smallpox vaccine existed in 1837, but Mr. Pilcher noted "it is a verry delicate experiment among those wild Indians, because death from any other cause, while under the influence of Vaccination would be attributed to that + no other cause[.]"

      Sound familiar?

      In 2006, Ward Churchill was found guilty of seven counts of research misconduct https://en.wikipedia.org/wiki/... by the University of Colorado Ethics Committee. He was fired in 2007. He promptly filed suit, and won a jury trial for wrongful dismissal. The jury followed the instructions to the letter in coming to their conclusion, but recognized Churchill for the lying shitheel he was and awarded him precisely $1.00. (One juror denied any such motivation in a public interview.) A judge vacated the jury verdict on the grounds that the (state) university enjoys quasi-judicial immunity. The Colorado Court of Appeals upheld that decision. The Colorado Supreme Court agreed to hear an appeal and in 2013 agreed with both the first judge and the Court of Appeals that the university was immune to suit in these circumstances. The US Supreme Court declined to get involved.

      It took 19 years from when Churchill first published his fraudulent bullshit in 1994 to the time when the judicial system finished with the case. It could easily take four or five generations for his lie to finally exit the public consciousness. This despite the fact that humanity currently has the fastest, most ubiquitous communications systems in the history of the species.

      Ward Churchill: I've never really stopped to spell out why I was saying what I was saying, or to flesh out the annotation, partly because I mentioned them in the context of developing broader arguments, and partly because I considered what I was saying to be more or less self-evidently true. So, I glad-handed things a bit. Mea culpa. http://dissidentvoice.org/Sept05/Frank0919.htm

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    5. Re: Smallpox, Measles, Influenza, Wampum by Anonymous Coward · · Score: 1, Insightful

      Counterpoint, WW2. If you live in Europe, Asia, Russia, Canada, or pretty much anywhere you're enjoying the fruits of the USA.

      And even ignoring that, the Europeans profited hugely from the slave trade, but I don't see any of them offering up reparations.

    6. Re:Smallpox, Measles, Influenza, Wampum by jythie · · Score: 1

      Yeah, but it is just this kind of investment in infrastructure that help break the cycle. One of the big reasons that middle class people in suburban areas are not living in poverty is the massive amount of infrastructure they take for granted.

    7. Re: Smallpox, Measles, Influenza, Wampum by rickb928 · · Score: 1

      Don't ask Europe what they may or may not 'owe' the United States of America. Such questions raise issues better left unspoken, ignored, and buried underfoot.

      Truth is such a bitch.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    8. Re:Smallpox, Measles, Influenza, Wampum by PopeRatzo · · Score: 1

      How would I go about absolving myself of this involuntary complicity? Move to Somalia or worse?

      Step One is admitting you enjoy the fruits of genocide.

      --
      You are welcome on my lawn.
    9. Re:Smallpox, Measles, Influenza, Wampum by PopeRatzo · · Score: 1

      The smallpox blankets thing was neither an act of terrorism nor an attempted genocide because it didn't happen.

      Nobody mentioned blankets. Why are you refuting something that no one here is asserting?

      --
      You are welcome on my lawn.
    10. Re:Smallpox, Measles, Influenza, Wampum by Mashiki · · Score: 1

      Not even true. You can look north to Canada, and see that your entire point is moot. Natives are paid large amounts of money via treaty, and most live in abject poverty. There's only a couple of bands where this hasn't happened because they decided to actually improve things, instead of the corrupt band council and leaders pocketing all the money.

      Guess what happened when the previous government passed a law requiring transparency and accounting of that money. The leftists screeched that it was racism. The band councils(except for those few) screeched it was racism. When Trudeau Jr., came to power they revoked the law. It's a misery of their own making, one that they could fix and don't care to.

      --
      Om, nomnomnom...
    11. Re:Smallpox, Measles, Influenza, Wampum by Mashiki · · Score: 1

      Sorry, I don't feel any pity or remorse for what the UK, Spain, or France did ~500 years ago. And considering there's archilogical evidence pointing that the "natives" genocided another group of people living here, well I'm sure they can start the rounds of apology first.

      --
      Om, nomnomnom...
  2. Two ideologies at battle by rsilvergun · · Score: 4, Informative

    on the one hand the Republican party really wants to stick it to the poors, especially if they're also colored. Stuff like this is basically fodder for the far right of the base. On the other hand there's corporate subsidies at stake. It's funny to watch the two fight it out until you think about all the completely screwed over people caught in the middle (source: been on the Res, got India friends, and that Casino money hasn't made it all over. Lots of blasted out trailer parks held together by spit and glue).

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  3. too much already by AndyKron · · Score: 1

    I'm pretty sure they're already paying more than $25/mo too much to begin with.

  4. What do you call... by drinkypoo · · Score: 3, Insightful

    What do you call the useless bit of skin at the base of the penis? Ajit Pai's feet.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  5. Re:Tribe's don't deserve subsidies by bill_mcgonigle · · Score: 4, Insightful

    I'm somewhat sympathetic to your argument, but the fact is that they're not treated as sovereign.

    Look, I think they should be able to have high-rise casinos with hookers and blow on tap if they want, but the reality is they can't.

    Free them economically *and* take away their subsidies, if they are to be sovereign. That's much better than repressing them and subsidizing them.

    But don't make the mistake of assuming that their sovereignty is being more than respected as a token effort. Or that DC actually wants to treat them as sovereign and not a conquered people.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  6. Mobsters from New Jersey... by jtara · · Score: 1

    ... already supply all the bandwidth needed... for those tribes that have casinos.

    Give the rest broadband at no cost.

  7. Dude I'm a Bernie Bro by rsilvergun · · Score: 3, Insightful

    I've got policy coming out my ears. Medicare for All, College for All, Ending the Wars, New New Deal, etc, etc, etc. I don't want or need race to win elections. Polls show my policy is overwhelmingly popular. Like, 70-80% popular.

    What I need is to get those folks who voted for Trump because of crap like this and folks who wrongly blame the jews for the raw deal the 1%ers handed them to realize who's really pulling the strings and stop voting against their own interests. It's damn hard to do since the 1%ers own the mass media (mega corps bought everything up, re: Sinclair Media).

    Ignoring the impact of racism on American politics isn't naive or foolish, it's deceitful. The Republicans do it so they can dog whistle. There's corportists Dems who do it so they can run on something besides economics since they're basically Republicans when it comes to money. You need to call both groups out because they're doing the same damn thing: Using race to distract from a bad economy. Bernie understands that. So does Alexandria Ocasio-Cortez. That's why they never takes the bait. You shouldn't either. Even when you're trolling on /. If you've got to troll, troll for the good guys.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Dude I'm a Bernie Bro by drinkypoo · · Score: 1

      But my voice doesn't count, because anyone who speaks against the Democrats is a racist and I believe we can all agree racists don't deserve to be heard...

      If you speak out against "The Democrats" then you're painting them all with the same brush, and they're not all the same. That's really no different from speaking out against "Congress".

      If you speak out against specific actions of specific Democrats, you might do a lot better.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  8. Re:Tribe's don't deserve subsidies by Waffle+Iron · · Score: 1, Insightful

    It seems like a discount on their ISP bill is the least we can do in exchange for pinching about $25 Trillion worth of their land.

  9. Re:Tribe's don't deserve subsidies by SmaryJerry · · Score: 1

    "Pinching." Really? This was hundreds of years ago. I guess everyone should just feel bad for what people 10 generations ago did right? Despite the fact tribes now live in the richest country in the world, are free of war, and don't even pay for the price to do so. Instead they distribute their money to their people. But apparently free money doesn't exactly make people work very hard so they are stuck in a rut. America used to belong to British also, maybe we should just give it back to the British because we "pinched" it from them when it belonged to them.

  10. Re:Tribe's don't deserve subsidies by dryeo · · Score: 1

    You signed treaties for the land you're living on. The American Constitution puts treaties as the second highest law in the land and here you are wanting to renege.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  11. Re:Tribe's don't deserve subsidies by SmaryJerry · · Score: 1

    I wish I had trillions of dollars but my pockets don't feel that full. Besides my family is not even from America. Get off your high horse and realize the past had war, now even has war, but right now it's run by the most just nation who happen to have the strongest weapons. If the U.S. was not a forgiving and merciful nation then wars would still result taking their land after winning.

  12. broadband by cascadingstylesheet · · Score: 1

    Politics aside, I'd like that $25 broadband please ...

  13. Re:Smallpox, Measles, Influenza, Wampum-history by rickb928 · · Score: 1

    I accept that America was settled by Europeans/etc., and the native population was nearly obliterated. I don't accept that it was right or just, but it happened. We can't undo that.

    But claims that various native populations struggle with poverty, disease, and failure are heard alongside the very similar reports from various big cities, who have no excuse of endemic oppression and a history of being conquered, massacred, and humiliated. Unless you consider Democrat government to be such, and the results may speak volumes to that premise.

    I think the FCC is misguided here unless they hang this on Native American sovereignty, and I think this is an argument we need not have.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  14. Re:don't know why they need this by nnet · · Score: 1

    my smoke signals are UTF8.

  15. Re:Tribe's don't deserve subsidies by Waffle+Iron · · Score: 1

    I wish I had trillions of dollars but my pockets don't feel that full. Besides my family is not even from America.

    Nevertheless, your family presumably felt that leaving whatever shithole they came from to take advantage of all the loot available here was a win.

  16. Re:Tribe's don't deserve subsidies by SmaryJerry · · Score: 1

    Are you saying you are anti immigrant, even legally? How is it that my family, not even having had lived here before, is doing just fine but those who spent their whole life in America are unable to enjoy the same benefits I supposedly have over them? Oh right, because they are willfully not a member of the US government, unless it suits them and they can receive things for free.

  17. Re:Tribe's don't deserve subsidies by Waffle+Iron · · Score: 1

    Irrelevant. Your logic is like a schoolyard bully swiping your lunchbox then saying: "I can hold onto this lunchbox better than you, so you don't deserve it."

    Then he gives it to his buddy, who says "*I* didn't take this lunchbox from anybody, so it's 100% mine! By the way, you owe me rent on the lunch."

  18. Re:Tribe's don't deserve subsidies by SmaryJerry · · Score: 1

    Nah your trying to make a moral argument for people who fought and died 300 years ago before a light bulb had ever been switched on. Who was right or wrong isn't relevant anymore. And last time I checked the Puritans came to America in droves to escape their own persecution, what bastards. I think you've watched one to many sad Columbus movies and now you think you actually understand everything that happened back then. They were lucky they were taken over and given some land to govern at all to screw up with because if their land wasn't taken from them Germany would have taken over and kill them all for not being Aryan. Thank god the U.S. was made or they would be instinct! See I can make up bullshit moral arguments too!

  19. Re:Tribe's don't deserve subsidies by Waffle+Iron · · Score: 1

    You were the one who started a "moral argument" by claiming that these people were freeloading off your tax dollars, when in fact you should be paying them rent.

  20. Re:Tribe's don't deserve subsidies by SmaryJerry · · Score: 1

    It's only logical regardless of morality. I'm saying they don't contribute to the US government therefore they should not receive even more of the free benefits they already receive. You go to the tribal land and ask for the free cash they distribute to their tribe members from their taxes and see how that goes for you.

  21. Re:Tribe's don't deserve subsidies by SmaryJerry · · Score: 1

    Tribes are free of war. It's the American's who die in the war protecting their land. Sure some tribe members are also Americans and enlist as well. And no I'm not kidding you. They pay zero dollars or lives if they don't want to and haven't for a long time.