Native Hawaiians by Hawaii pursuant to the Hawai-
ian Homes Commission Act, 1920. 
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means the governing body of any individually identi-
fied and federally recognized Indian or Alaska Na-
tive Tribe, band, nation, pueblo, village, community, 
affiliated tribal group, or component reservation in 
the list published pursuant to section 104(a) of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 5131(a)). 
(4) QUALIFYING
TRIBAL
ENTITY.—The term 
‘‘qualifying Tribal entity’’ means an entity des-
ignated by the Indian Tribe with jurisdiction over 
particular Tribal lands for which the spectrum ac-
cess is sought. The following may be designated as 
a qualifying Tribal entity: 
(A) Indian Tribes. 
(B) Tribal consortia which consists of two 
or more Indian Tribes, or an Indian Tribe and 
an entity that is more than 50 percent owned 
and controlled by one or more Indian Tribes. 
(C) Federally chartered Tribal corpora-
tions created under section 17 of the Indian Re-
organization Act (25 U.S.C. 5124), and created 
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under section 4 of the Oklahoma Indian Wel-
fare Act (25 U.S.C. 5204). 
(D) Entities that are more than 50 percent 
owned and controlled by an Indian Tribe or In-
dian Tribes. 
(5) ENTITY THAT IS MORE THAN 50 PERCENT 
OWNED AND CONTROLLED BY ONE OR MORE INDIAN 
TRIBES.—The term ‘‘entity that is more than 50 
percent owned and controlled by one or more Indian 
Tribes’’ means an entity over which one or more In-
dian Tribes have both de facto and de jure control 
of the entity. De jure control of the entity is evi-
denced by ownership of greater than 50 percent of 
the voting stock of a corporation, or in the case of 
a partnership, general partnership interests. De 
facto control of an entity is determined on a case- 
by-case basis. An Indian Tribe or Indian Tribes 
must demonstrate indicia of control to establish that 
such Indian Tribe or Indian Tribes retain de facto 
control of the applicant seeking eligibility as a 
‘‘qualifying Tribal entity’’, including the following: 
(A) The Indian Tribe or Indian Tribes 
constitute or appoint more than 50 percent of 
the board of directors or management com-
mittee of the entity. 
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(B) The Indian Tribe or Indian Tribes 
have authority to appoint, promote, demote, 
and fire senior executives who control the day- 
to-day activities of the entity. 
(C) The Indian Tribe or Indian Tribes 
play an integral role in the management deci-
sions of the entity. 
(D) The Indian Tribe or Indian Tribes 
have the authority to make decisions or other-
wise engage in practices or activities that deter-
mine or significantly influence— 
(i) the nature or types of services of-
fered by such an entity; 
(ii) the terms upon which such serv-
ices are offered; or 
(iii) the prices charged for such serv-
ices. 
(6) TRIBAL LANDS.—The term ‘‘Tribal lands’’ 
has the meaning given that term in section 73.7000 
of title 47, Code of Federal Regulations, as of April 
16, 2020, and includes the definition ‘‘Indian Coun-
try’’ as defined in section 1151 of title 18, United 
States Code, and includes fee simple and restricted 
fee land held by an Indian Tribe. 
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(7) WIRELESS
BROADBAND
SERVICE.—The 
term ‘‘wireless broadband service’’ means wireless 
broadband internet access service that is delivered— 
(A) with a download speed of not less than 
25 megabits per second and an upload speed of 
not less than 3 megabits per second; and 
(B) through— 
(i) mobile service; 
(ii) fixed point-to-point multipoint 
service; 
(iii) fixed point-to-point service; or 
(iv) broadcast service. 
Æ 
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