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A Right to Media? Lorie M. Graham - Columbia Law School

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2010] A RIGHT TO MEDIA? 479<br />

public policies that limit the ability of tribal governments <strong>to</strong><br />

determine their respective telecommunications destinies. 192 In this<br />

digital age, increased access <strong>to</strong> Internet connections could aid in the<br />

promotion of media rights.<br />

Additionally, the lack of clarity regarding tribal control over<br />

telecommunications on tribal lands has been a barrier <strong>to</strong> increasing<br />

telecommunication access by Native Americans. 193 J.D. Williams, the<br />

general manager of the Cheyenne River Sioux Tribe Telephone<br />

Authority (CRSTTA) in South Dakota, says that “a]ccess <strong>to</strong><br />

broadband media depends on who controls the system,” and “if the<br />

local media company is tribally owned they tend <strong>to</strong> look first at the<br />

telecommunication services the people need most . . . and then ask<br />

how <strong>to</strong> deliver these services in a rural setting.” 194 He compares this<br />

approach with that of an outside company whose decisions are based<br />

primarily on revenue growth.<br />

CRSTTA was founded in 1977 with a loan from the Rural<br />

Electrification Authority and now provides telephone and television<br />

services for four communities with an emphasis on local needs. 195<br />

Such examples reinforce the argument that telecommunications for<br />

indigenous communities is most efficiently analyzed through the lens<br />

of sovereignty, much like land rights and mineral rights.<br />

Unfortunately, not all tribes are as favorably situated <strong>to</strong> create<br />

community programming in the way that the Cheyenne River Sioux<br />

Tribe has, particularly from a funding standpoint.<br />

Organizations such as Native American Public<br />

Telecommunications (NAPT) have created funding programs <strong>to</strong> help<br />

finance new Native American media projects in a broad array of<br />

formats. 196 The Corporation for Public Broadcasting has similarly<br />

noted as a priority the need <strong>to</strong> fund indigenous media, since listeners<br />

“depend on these stations <strong>to</strong> cover national and local news, deal with<br />

community issues, and create links across geographic and tribal<br />

192. HearUsNow.org, Communities: Native American,<br />

http://www.hearusnow.org/other/8/nativeamerican (last visited Feb. 5, 2010).<br />

193. Bissell, supra note 190, at 141.<br />

194. Ken Freed, NATV Challenging <strong>Media</strong> Frontiers, <strong>Media</strong> Visions<br />

Journal (1996), http://www.media-visions.com/itv-natv.html.<br />

195. Id.<br />

196. Native American Public Telecommunications, Structure,<br />

http://www.nativetelecom.org/structure.html (last visited Feb. 5, 2010).

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