SPECTRUM SOVEREIGNTY ON TRIBAL LANDS: ASSESSING THE DIGITAL RESERVATIONS ACT

Abstract

The current system for managing spectrum in the United States gives the federal government essentially all authority over electromagnetic spectrum management and governance on tribal lands. The Deploying the Internet by Guaranteeing Indian Tribes Autonomy over Licensing (DIGITAL) Reservations Act envisions a system of spectrum governance that affirms tribal self-determination in managing and licensing the natural resource called spectrum. Though the DIGITAL Reservations Act has yet to be passed into law, it outlines a set of principles that are essential to guide equitable policymaking related to Indigenous nations. We analyze the Act and discuss the opportunities and challenges offered by this framework.