Remarks of Fcc Commissioner Michael j. Copps Indian Telecommunications Initiative

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REMARKS OF FCC COMMISSIONER MICHAEL J. COPPS INDIAN TELECOMMUNICATIONS INITIATIVE RAPID CITY, SOUTH DAKOTA JULY 28, 2009

Good morning and thank you all for being a part of this important Telecommunications Workshop. It’s been five years years since we were last together here in Rapid City, and I am honored to be back and happy to kick off today’s activities. Preparing for today’s meeting, I went back and looked at what we talked about in 2004. And what struck struck me most was was how much things things have changed—and changed—and how much much they’ve they ’ve stayed stayed the same. And that’s that’s where I want to begin begin today. today. A lot of things have changed—no changed—no doubt about about that. that. In the summer summer of 2004 2004 we were in the middle of a period of national drift when it came to bringing the wonders of  modern communications to Indian Country and, indeed, to most parts of the United States.. We had been given soaring States soaring political political promises promises about building building broadband out to everyone every one by 2007, but that that was rhetoric, rhetoric, not reality reality.. 2007 came and went, went, and the only change we saw was lots of other countries leaving us in their dust when it came to  building  buil ding broadband broadband out to their citize citizens. ns. Study after study showed us to be Number Number 15 or  20 or 24 in the world, and while the numbers varied from report to report, that doesn’t matter because they agreed on one conclusion—the United United States was behind and the trend was downwar downward. d. What a place for for your your country country and mine mine to be! be! But—the good news—change But—the news—change has has come. A year ago, ago, all I had was was high hopes hopes that this would would happen. I made speeches speeches expressing expressing my enthusiasm enthusiasm at the prospect prospect of a new Administration that would bring with it, at long last, a deep and abiding commitment to build modern communications—broadband—all across America, and I always included includ ed Indian Indian Country Country in my remar remarks. ks. I was looki looking ng for—hopin for—hoping g for—leader for—leadership ship that that would bring with it an understanding that so many of the problems we face as a nation would not be resolved—could not be resolved—without building communications infrastru infr astructure. cture. I was looking looking for us to get serious about meeting meeting this challenge challenge.. Everywhere I went, I called for a strategy to get the job done—a national broadband plan with all of us working together to make it happen—the agencies of government in a truly coordinated way; the private sector in partnership with government; and broad citizen input to formulate a plan to take broadband to every nook and cranny across this broad land of ours. ours. So now the winds of change change are blowing blowing through through the corridors corridors of power power in Washington. Washi ngton. How refreshin refreshing g it is to have new leadershi leadership, p, new hope and genuine genuine commitment. The Recovery and Reinvestment Act passed by Congress and signed by the President Presi dent earlier earlier this year did two wonderful wonderful things. things. Firs First, t, it made the essential essential  broadband  broad band commitment commitment that I had been calling for by provid providing ing $7.2 billion billion for the  National Telecommunications Information Administration in the Department of  Commerce and the Rural Utilities Service in the Department of Agriculture to offer 

grants and loans for projects which will build essential infrastructure and promote  broadband  broad band adoption adoption and usage. Now, that’s that’s not going to get the job done by itself, itself, don’t get me wrong, but it’s a significant down-payment down-pa yment on meeting our goal and it signals a determinati deter mination on to see the the job through. through. And I want to to point out that your your Black Black Hills native native son, Commissioner Jonathan Adelstein, was just confirmed by the United States Senate last Friday to run the Rural Utilities Utilities Service, which includes a broadband broadband grant and loan  program,  progr am, plus programs programs for for energy and water water development. development. This is is a position position to which which Jonathan Jonat han brings outstanding outstanding qualificat qualifications ions and total dedication. dedication. He was a wonder wonderful ful colleague fighting with me for the public interest at the FCC for seven years and he has a commitment that never stops on issues that are important to South Dakota and important to each each of you. you. I already already miss miss work working ing alongs alongside ide him him every every day at the FCC, FCC, but I look  forward to continuing to work with him in this new capacity on issues we both believe in. And I antic anticipate ipate workin working g closely closely not just just with with RUS, RUS, but all the the other other government government agencies and the White House as the FCC tackles the grand task assigned to it by Congress and President Obama under the Recovery and Reinvestment Act. The new approach approach to broadband broadband goes beyond beyond the down-payment. down-payment. Becaus Becausee not only has our government made the commitment I wanted on broadband, but it went a step further and put the FCC in charge of developing the national broadband plan between now and and next Februar February. y. Let me me tell tell you—that you—that was music music to my ears! It’s the biggest biggest job the Commission has ever had. And we have a new Chairman of the FCC, Julius Genachowski, who shares the commitment of his friend and our President to getting this  job done—done done—done well, well, done quickly quickly,, done right. right. So I am tremendous tremendously ly excited excited about the the work we’ll be doing over the next seven months to develop the plan and, after that, helping make it work. But even as things things have changed, changed, a lot still still stays the the same. Too many places cry cry out for change, change, but in in too many of them change change remains remains a stranger. stranger. Our inner inner cities, cities, our  remote rural areas and, so starkly clear, Indian Country, are not benefiting benefiting from the tools and technologies of the the Twenty-first century. In Pine Ridge where where I will go later today, and in so many many other places where Native Americans live, live, poverty endures, unemployment is at levels no society should accept, education languishes, and even basic  public safety falls falls far short short of what people have a right to expect. How far the hopes we shared five years ago have fallen from from the tree of reality. Up-to-date communication is still a stranger to most of your lands, and even plain old telephone service is at shockingly shock ingly low levels levels of of penetrati penetration. on. And we don’t even have have solid solid data on this. this. The most recent figures are from the last census, which showed telephone subscribership at a level of about 69 percent in Native American households—but much, much lower in many places places.. And we don’t don’t even begin begin to have reliable reliable data data on the status status of Internet Internet subscribership on tribal lands—because no one collects it. Anecdotally, we all know that  broadband  broad band access on tribal tribal lands is minimal, minimal, and that’s that’s about it. That’ That’ss not just unacceptable unaccep table—it’ —it’ss a national national disgrace. disgrace. Until all all of Indian Indian Country Country is connected connected to a Twenty-first century telecommunications grid, its residents residents can only fall further behind the rest of the country, country, while the country falls further behind the the rest of the world. Things can’t can’t be allowed to stay the same.

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Realize right here that all this talk about broadband is not just a lot of palaver  about new new technology technology for the the sake of new technology technology.. This is is about buildi building ng our  country. countr y. Broadb Broadband and is about enabling enabling people, it’s it’s about opening the doors doors of opportunity opportunity and selfself-fulf fulfillme illment. nt. It goes goes to just just about every proble problem m confront confronting ing our country country right now. There are no solutions solutions to poor schools and lagging education, to high unemployment and lost jobs, to shameful standards of health care, to public safety systems sys tems so unreliable unreliable that two two teenagers in a car accident on a cold May evening can't call for for help—their help—their wireles wirelesss phones have have no service—and service—and they they freeze to to death. There are are no solutions to any of these problems that do not have critical broadband components to them. That’s what broadband broadband is all about. about. Enable broadband broadband and we can attack attack all these these  problems.  probl ems. Enable broadba broadband nd and we enable enable our country country and ourselves ourselves.. In my eight years years at the FCC, I’ve I’ve had the opportunity opportunity to meet with many many tribal leaders and to see, first-hand, the the difference that that telecom can bring to people’s lives. I’ve come to understand how much harm the lack of telecommunications infrastructure can inflict—and it’s a lot. I just do not see any exit to the poverty and lost opportunities that continue to bedevil so much of Indian Country unless we bring these enabling tools of  communicatio commun ication n to you. you. That means means basic basic telepho telephone ne service, service, of course. course. But it it also also means the new possi possibilit bilities ies of broadba broadband. nd. I like to to refer to the pots pots and the pans. pans. The POTS POTS are Plain Pla in Old Old Telephon Telephonee Service Service.. The PANS PANS are the the Pretty Pretty Awe Awesom somee New Stuff Stuff.. Ind Indian ian Country Countr y is in desperate desperate need of both POTS and PANS. And with those new utensils, tribal communities will have the resources and the opportunity opport unity to grow—righ grow—rightt here. Broadb Broadband and can provide provide to you—at you—at home, home, or at the community center, the Boys and Girls Club, the library—the means for not just basic communication or one-way information gathering, but for economic development and gainful gainf ul employment, employment, education, education, healthcare, healthcare, public safety, safety, you name it. Broadb Broadband and opens up your world to others so, for example, you can run a successful local crafts business online, where people from all over the world can see and purchase items from you. Broadband also unites your community and gives members n ear and far the opportunity to come together—t together—through hrough family family newsl newsletter etters, s, tribal citizens citizens’’ websites, websites, a webinar. You could watch watch or even participate participate interactive interactively ly in tribal council council meetings meetings over the Net. It can encourage your young people to stay here because they can find opportunity here and it can even bring some some of those those who have gone away back home. Through distance learning, students can gain exposure to other schools, classes and subject matters; they can obtain advanced degrees; students young and old can participate in language classes in their native native language. language. And through through our new Rural Healthcare Healthcare Pilot Program, Program, as well well as other national healthcare initiatives, more healthcare services can come available to tribal communities and people who otherwise could not travel long distances to visit medical facilities and healthcare specialists. These broadband broadband networks, networks, in order to be effective, effective, must be ubiquitous. ubiquitous. There can’t be any areas left behind as we build them—unless we are content to cut people off  from the tools they need to prepare and empower themselves for life life in the Twenty-first Twenty-first century.. Because the truth century truth is that that we are are all in this togethe together. r. Either we progress progress togeth together  er  as a society or we we progress progress not at all. Someti Sometimes mes in America America we’ve come come late—very late—very

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late—to this understandi late—to understanding. ng. But it has to be the vision that binds binds us together, together, because the strength of America is the diversit diversity y of America. America. It is the the wonderful wonderful tapestr tapestry y of races races and cultures and creeds and talents and interests that will forge our destiny. There are still somee among som among us who see see our div divers ersity ity as a prob problem lem to be over overcome come.. Wel Well, l, it’s it’s not. It is an opportunity opportunity to be harvested harvested.. It’s our leg up on the rest of of the world—  world— if  we we learn how to take advantage of it. But if we don’t figure figure out how to take full advantage of this amazing wealth of diversity, we won’t ever come close to fulfilling the promise of  America. Last time I was here, here, I shared a memory with with you, but I want to share it again this morning because it was one of the most eloquent things I’ve I’ve heard—a remark by my friend Tex Hall when we were gathered together, I think it was in Phoenix back in 2002 or so. And Tex was speaking speaking to a little little group of us and he told told us about an old adage that that American Indians are are “many tribes, tribes, one family.” That has stayed with me all these years  because it’s such a good way to think about this great country coun try of ours with all its diverse  people—many  peopl e—many tribe tribes, s, one family. family. All in it it together. together. Bringing that family Bringing family together together is our challenge. challenge. It’s not something something we can finish finish at a two or three three day confer conference. ence. But it it is somet something hing we we can launch launch.. So let let me share with you some principles that I believe need to guide our work together. First  is ensuring that we are all planning together as the FCC works to complete c omplete

its broadband plan over the next not-quite-seven not-quite-seven months. Our national broadband plan, if  it is to really really work for for the people, people, cannot be another another one one of those “insi “inside” de” jobs. The usual usual suspects—the lawyers and lobbyists and special interests who know the inside of the FCC as well well as the insid insidee of their own own homes—sure, homes—sure, they’ they’ll ll always always be with us. us. And I’m happy to meet meet with with them. But they they can’t be the whole story story—we —we have have to look look beyond beyond them—way beyond—if we’re we’re going to develop policies that serve all the people. The Commission has to reach out not just to these traditional stakeholders, but to what I call our “non-traditional stakeholders”—the folks who don’t have registered lobbyists and fancy consul consultants tants in Washingto Washington n and who don’t have the time time or money to scan the pages Register  er to see what proceedings affecting their lives are being decided at of The Federal Regist the FCC. To me, the term “non-traditional stakeholder” includes every citizen who wishess to have a say, including wishe including everyone everyone in this this room. I want the FCC, FCC, in everything everything it does—not just broadband—to reach out to you and to all interested stakeholders on these issues. issu es. That certai certainly nly was was my intent on April April 8, 2009, when when the Commis Commission sion release released d the  Notice  Noti ce of Inquiry looking looking for public public input on the broadband broadband plan. And this attitude attitude will characterize our work going forward under our new Chairman and the new Commission taking takin g shape in Washing Washington ton right right now. This means means we want want you —we want, we need, we are asking asking for your your input. input. That’ That’ss the reason reason I’m here here today, today, why I’m in in Rapid City City this morning and in Pine Ridge this afternoon. You are affected by so much of what we do and we really need need to hear from from you—early you—early and often. often. I have seen in my time time at the Commission that you have tremendous and informed and spirited advocates in your  communities, from tribal leaders to those running tribally-owned and operated telephone companies and many others attending this meeting today representing a number of  organization organi zations. s. We need a constant and closer closer dialogue dialogue among us—not just just in occasional occasional

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meetings like this, but in an ongoing way where our communication is seamless and regular regul ar and as meaningfu meaningfull as we can make make it. Every one of you in in this audience audience is just just as much a stakeholder in our decision process p rocess as anyone else in the land—but unless we find ways ways to make your views count, count, your stake is devalued. devalued. And Native Native Americans have seen more than enough e nough of diminished stakes in their history. The FCC’s agenda over the coming months is ambitious, and the schedule for the  broadband  broad band plan alone alone will keep our staff staff working working around around the clock. From the Notice Notice of  Inquiry Inquir y in April, we collected collected the first first round of comments comments and reply comment commentss for the national natio nal broadband broadband plan, and they they added up to more than than 8,000 pages. pages. And that was just just the warm-up! warm-up! Through the rest rest of the summer, the Commissi Commission on will be conducting conducting a series of workshops aimed at promoting open dialogue between the Commission and constituent const ituentss on the national broadband broadband plan. These workshops workshops will will include issues issues such as adoption in low utilization utilization areas—specifically rural, minority minority and tribal tribal communities, th which will be held the afternoon of August 19 . I’m sure you you will will hear more about about that that from our staff staff speaking speaking here today, today, if you you are not aware of it already already.. You should should be a  part of many of the 21 workshops already scheduled, and I believe more may be coming later.. The subjects later subjects covered range range from general general deployment deployment to how broadband will will be an integral part of health care, a clean and sustainable environment, energy conservation and education. educat ion. The Commis Commission sion will will be seeking seeking public partici participation pation far far beyond beyond the workshops. works hops. I want to see additional additional opportuniti opportunities es for written written comments and public public hearings. heari ngs. And I am working with the Chairman’ Chairman’ss office to make sure sure that the concerns of  Indian Country Country when it comes comes to broadband broadband access access are heard heard all along along the way. way. We must also make sure that you have sufficient notice, as well as the facilities and the means needed to take advantage of all of these opportunities to participate. Let me be blunt. blunt. I believe believe broadband—real broadband—real high-sp high-speed, eed, high-value, high-value, transform trans formative ative broadband— broadband—is is coming coming to many parts of Ameri America. ca. The question question is: Is it coming com ing to to Indian Indian Count Country ry?? I don’t don’t know know.. Sur Surely ely it’s it’s no slamslam-dun dunk. k. But it it will will come come if  we work together together start starting ing right right now. It will come come if we understan understand d how important important this this is and that it’s something we can’t do without in the Twenty-first Twenty-first century unless we want to  be left even even further further behind. behind. It will come come if we can be practica practicall and pragmatic pragmatic and talk  talk  with one another and figure ways to reconcile competing interests interests that will otherwise otherwise ensuree that nothing happens. ensur happens. So your participati participation on in this process is not a luxury, luxury, not an option.. It’ option It’ss a necessi necessity. ty. We have to find find creative creative ways ways to make make that that participat participation ion happen.. And we have to find happen find those those ways ways by talki talking ng and planni planning ng together, together, start starting ing right right here in Rapid City City at this conference this week.  Second , we must implement. implement. List Listening, ening, talking, talking, planning—th planning—those ose are the first

essential steps. essential steps. But actions actions speak speak loudest. loudest. NTIA and and RUS will be be starting starting off off this action with the grant and loan programs, and a nd the FCC will carry those actions much further with the development development of the national national broadband broadband plan. But the mere presentati presentation on of that plan to Congress Congre ss next February February 17 will not not be the end, but but another another beginning. beginning. At that time, time, if not not sooner, we should be taking action on what we already know, and what we’ve learned along the way.

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One thing we know, and I alluded to this a moment ago, is that even though we have this big broadband plan to concentrate on, great expanses of Indian Country still lack basic voice service. We have to make sure that basic basic voice services are available everywhere so that you you can, for example, reach help when you need help. In some areas that may may mean completi completing ng plans already on the drawing drawing board. board. In others, others, we we can hopefully hopeful ly take advantage advantage of the sizzling sizzling pace of technology change to leapfrog leapfrog to new technologies, getting there not incrementally but by by-passing b y-passing an earlier generation’s technology technol ogy tools tools.. There are a host of other pending and related issues that cry c ry out for resolution—  like Universal Service issues left simmering on the back burner for too many years. Lifeline and Link-Up, for example. And E-Rate funding for tribal libraries libraries because the E-Rate program can truly accelerate the roll-out of Internet services across the country. These programs are not having the powerful powerful effect they should be having for Native Americans. Tower siting siting is another unresolved challenge. Towers can bring exciting new wireless wirel ess technologi technologies—in es—includin cluding g broadband—to broadband—to Indian Indian Country. Country. But they somet sometimes imes raise important questions regarding historical preservation, cultural identity and tribal sovereignty sover eignty.. The Programmati Programmaticc Agreement Agreement adopted adopted by the Commission Commission in in 2004 was supposed suppos ed to improve coordination coordination between between the FCC, tribes and industry industry.. At the time of  its adoption, adoption, I expres expressed sed concerns concerns about about the inclusive inclusiveness ness of the the process. process. I continue continue to be concerned over the potential for towers to be built without environmental assessments in far more places, some of which could endanger sites of cultural or religious significance. But I’ll say this, too: building out wireless wireless and broadband requires extensive infrastru infr astructure cture and it doesn’t happen without without that infrastru infrastructure. cture. We have to work  together on this and strike a workable balance—our communications needs are urgent and towers towers are part of the solutio solution. n. But so, too, is sensiti sensitivity vity to the serious serious concerns concerns that have been raised by many triba triball communities. communities. Then there’s public safety—the service—the security—every person must have when they they are in in danger danger or in trouble. trouble. We need need not just public safet safety y voice communications but an interoperable broadband public safety network that spans the nation— all  all  parts  parts of the nation. nation. I plan plan to talk more more about this this in Pine Ridge Ridge later today today,,  but we must all understand that that no community in America should be expected to do without the tools of up-to-date up-to-date public safety communications. Which means we need to address addre ss Indian Country access to 911 and E911, call centers, centers, public public safety answering answering  points, GIS (geographic information system) mapping, and ultimately first responders. Third, retur returning ning to the big picture, picture, let’s let’s remember remember we’re we’re all in this together together.. I am

a true believer in partnerships and I’ve spent the better part of my public service career  trying try ing to bring people people together to pursue pursue their common common good. I’ll spare spare you my usual history review, but I do believe that partnerships are how, coursing back throughout throughout history, we have overcome our greatest challenges and how we built our essential infrastructure. The importance of partnerships is of particular relevance to all of us here. Indeed, the FCC’s Policy on “Establishing a Government-to-Government Relationship

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with Indian Tribes” recognizes recognizes that the FCC as an independent agency has a Trust Responsibilit Respons ibility y towar toward d tribes. tribes. While you you are consumer consumerss of telecomm telecommunicat unications, ions, I also understand that Tribal Nations have a very special status, making it even more important that we obtain tribal input on all communications topics at the FCC and that we consult with the tribes whenever matters of mutual interest are being discussed—and that’s much of the time. Finally, there are other decisions waiting to be made at the FCC that need your 

active input. input. I know from from my previo previous us trips trips out here that that radio radio and televisio television n present huge challenges challenges across across Indian Country. Country. Coverage is spotty, spotty, stations stations are are scarce and resources resou rces are few few and far between. between. Some of you may know know that I spend a lot of time time working on media issues and that I believe the mindless media industry consolidation we have witnessed witnessed over the past past quarter century century has not served served us well. Ameri Americans cans everywhere are much better served if their media is local and diverse and competitive rather than centrally-owned, centrally-owned, centrally-managed and centrally-programmed centrally-programmed by Madison Avenue advertisers. When I was here in 2004, the Commission Commission held a separate hearing on media and some of the most compelling compelling testimony I have ever heard about what lack of local media means came from Indian Country representatives who told us about being shut out of the news, about how their contributions and culture c ulture too often got the short end of the stick, about how they were stereotyped and caricatured when big national media replaced local independent indepe ndent media. We’ve got to change this. this. And we have to find ways ways that Native Native Americans and all minorities and women are given the incentives and access to capital they need to start start up their their own stations. stations. Becaus Becausee I’ll tell tell you one one thing—Nati thing—Native ve American-owned stations will do a much better job serving Native Americans than some absentee station owner headquartered 2000 miles away. away. Does anyone here think that Big Media has done a good go od job reflecting your issues, your needs, your interests, your  culture? Well, until it does your issues are not going to get the discussion and the attention attent ion they they need if if they’r they’ree going going to be successfu successfully lly addres addressed. sed. So here, here, my frien friends, ds, is is a critically important issue where you need to get involved because if media is not covering you or your issues and interests, you are deprived of something precious that you need to have and are are entitled entitled to have. I intend to keep keep pushing as hard hard as I can on these media issues, but I need your help on them—I really really do. So I hope you’ll sign up. So many issue issues, s, so much much need, so so little little time. time. I close close not just just with with a recommendation that you participate actively on all all these issues. I close with an urgent  plea that that you do so. so. Yes, of course course,, it’s a huge huge challenge challenge to find find the resources resources and and to find the time to take take an active, ongoing ongoing role. role. But I’ve been been in Washington Washington a long time—  time—  almost 40 years—and it’s made me a firm believer in an old adage that says this: “Decisions “Deci sions without without you are usually usually decisions decisions against against you.” The big guys, the huge telecom companies and Big Media giants understand understand this—that’s why we hear from them all the time—s time—someti ometimes mes every every day! No, you you can’t can’t afford afford to take take a pass. You can’t can’t risk  the costs costs of not participati participating—no ng—nott when so much is at stake. stake. And I repeat that that we have to make it easier easier for you to particip participate. ate. But I’m happy happy to say we have a new urgency urgency about this at the the Commission, Commission, from from the top down. I think our new new Chief of Staff Staff may have

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something to say about this something this in a few minutes. minutes. Eddie Lazarus Lazarus knows knows your issues issues,, understands your needs and has already alread y worked with our new Chairman and with me to move these issues issues forward. forward. I believe believe that in the weeks just ahead you’re you’re going to see some innovative initiatives to facilitate the participation of all  interested stakeholders in the deliberations of the FCC. We have, have, my frien friends, ds, a rare rare and golden opport opportunity unity to make make progress progress now. now. It’ It’ss an opportunity opport unity that’ that’ss been a long time time coming. coming. You know better better than most most how long long the waitt has been wai been.. You know know good good things things don’ don’tt just just happen. happen. Whe When n the opport opportunit unity y for  chang ch angee come comes, s, it it has has to be be seiz seized. ed. It has to be be work worked ed.. It ha hass to be be won. won. Ju Just st beca becaus usee new folks are in power, just because ambitious new goals have been stated, doesn’t mean it will will all somehow somehow fall fall automaticall automatically y into place. place. These rare rare moments moments of reform reform and change can end as quickly quickly as they they begin. Time waits waits for none of us—and us—and time will will be our enemy unless we plan and work together and implement now. We—the FCC, the  NTIA, the RUS, all the other agencies ag encies of federal, state, tribal and local governments, plus consumers, industries, I mean all  of us—working us—working under the general policy direction established by Congress and the President, all of us focused on bringing the opportunityopportunitycreating tools of modern communications to you and an d to every one of our ou r fellow citizens. That’s what it’s going to take. “Many tribes, one nation”—we can still make it happen. Thank you.

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