Local Businesses Suffer in Tennessee as State Prevents Chattanooga Expansion

As our readers know, the FCC is currently considering petitions submitted by Chattanooga and Wilson, North Carolina. Both communities want the ability to expand their ability to offer advanced telecommunications services, contrary to existing state anti-muni laws. As we glance through the comments, we notice that ISPs, advocacy groups, and local governments are not the only commenters with a vested interest in the outcome. 

There are also compelling stories from individuals, local businesses, and organizations that are looking for better options. In some cases they have one provider but are unhappy with the service so support municipal network expansion. In other cases, they have dial-up (or no service at all) and are maddeningly close to an EPB or Greenlight connection but state restrictions forbid service to them.

We recently spoke with Joyce Coltrin, owner of J & J Nursery located on the edge of Cleveland, Tennessee, in Bradley County. She is about 32 miles from the heart of Chattanooga but only 3/8 mile from the edge of the EPB fiber optic service area. Her only choice for Internet at her nursery is AT&T dial-up. Joyce tells us:

"I could walk right to it - it is the closest provider and we don't have any broadband access!"

Joyce submitted comments early in the proceedings. She choose to send her comments via snail mail because her email is so unreliable.

For the past 15 years, Joyce and other people in her community have requested better service from AT&T. They were told repeatedly it would be 3 months, 6 months, 9 months until they would get upgrades but it never happened. They finally decided to look for connectivity elsewhere. Joyce and her neighbors approached their electric provider, Volunteer Energy Cooperative, in the hopes that they could work with EPB to bring services to the area. Volunteer and EPB had already discussed the possibility, but when the state law was passed that prevented EPB from expanding, the efforts to collaborate cooled.

Joyce uses her cell phone to access the Internet while she is at work. Like some of the other business owners in Cleveland, Joyce pays $200 - $300 per month because she is constantly running over data caps to conduct business. There are others who live or work in areas near her that do not have cell phone coverage.

Another local business owner that runs a poultry business almost lost a large number of chicks when their alarm system, dependent on wireless Internet access through a Verizon "MiFi" personal hotspot, failed during cold weather.

Joyce does not plan on expanding to an online store but she finds it difficult to adhere to state business regulations without better connectivity. For instance, she must do business taxes online from home, where she has a little better Internet access.

She knows that Tennessee's anti-muni laws came from giant cable and telco lobbying efforts. She also recognizes the negative impact it is having on Cleveland. In her comments to the FCC, Joyce writes:

College students drive to McDonald's to use Wi-Fi and work from their cars to do homework and projects. This situation is choking business and making our children third class citizens.

I have always been for free enterprise, but when some businesses win due to unfair protection, free enterprise dies.

To read the rest of Joyce's comments, visit the FCC website.

Three New Companies Move to the Silicon Bayou

In the past few months, Lafayette has drawn in three high tech companies that will create approximately 1,300 well-paying positions. In addition to the community's commitment to boost its high-tech workforce, better connectivity offered by LUS Fiber helped attract the new businesses.

According to a Daily World article, the most recent addition is Perficient, Inc. The information technology and management consulting company is based in St. Louis. Perficient will add 50 new positions by the end of 2015 and another 245 over the next 6 years; average annual salary will be $60,000. The area should also see 248 additional indirect jobs. Perficient leadership intends to recruit from South Louisiana Community College and University of Louisiana at Lafayette.

This past spring, CGI announced it would employ 400 high-tech employees in a new finance facility in Lafayette. CGI will also recruit from the local high-tech educational programs. James Peake from CGI told the Advocate that the company has made an effort to keep tech positions "onshore" rather than sending them overseas. From the article:

CGI Vice President Dave Henderson cited UL-Lafayette’s top-ranked computer science program and Lafayette’s growing workforce and fiber-optic network.

This past summer, start-up Enquero announced it would open a tech center in Lafayette. The Milpitas, California company plans to hire 350 new employees by the end of 2017. City officials also expect to see 354 new indirect positions. According to Bloomberg Business Week, Enquero executives considered New Orleans, Baton Rouge, and four other states.

From City-Parish President Joey Durel's official statement:

"These are exactly the kinds of jobs we had in mind when we launched Lafayette's fiber-optic initiative in 2004, so I am thrilled to see that companies are starting to recognize what Lafayette has to offer with its affordable, gigabit speeds...I know Enquero will not regret their decision to locate in Lafayette. This community’s investment in itself is paying off.”

Community Broadband Media Roundup - September 19, 2014

The media is picking up on Chairman Wheeler’s notice to big telecom: 4Mbps is not going to cut it anymore. Wheeler said speeds closer to 10Mbps should be classified as high speed. A good step, but by the end of this Media Roundup, you’ll be questioning what that paltry 10 Mbps can do for communities…

Michael Nielsen with Motley Fool pointed out reasons that big telecom should be scared: competition, competition, competition. Meanwhile, AT&T patted itself on the back because they say 98% of its customers have download speeds of 6 Mbps or higher (so they claim). So yes, congratulations are in order, in the most minor way possible. 

Want another reason big telecom should be scared? Free Marketeers are on board with Net Neutrality. From James J. Heaney: 

“… it seems odd for a conservative – whether an old-guard big-business Bush-era conservative or a new-guard Paulite libertarian conservative – to support Net Neutrality.

Except I do Internet for a living, and I am one of the lucky ones who actually knows what Net Neutrality means and what it’s responding to.  And, folks, I’m afraid that, while L. Gordon Crovitz and Rich Lowry are great pundits with a clear understanding of how Washington and the economy work, they don’t seem to understand how the Internet works, which has led them to some wrong conclusions.”

AT&T/DirecTV Merger:

Ars Technica’s Jon Brodkin reported on our comments about the AT&T/DirecTV merger, noting what the merger could mean for aging infrastructure:

“AT&T’s proposed $48.5 billion acquisition of DirecTV will reduce competition for TV subscribers, increase AT&T’s “incentive to discriminate against online video services,” and give AT&T more reasons to neglect its aging copper network, consumer advocacy groups argue in a petition to deny the merger.”

The Hill also published an article citing ILSR and Public Knowledge’s comments:

‘"[the organizations] told the agency in a petition that the merger would be bad for consumers, especially against the backdrop of other media deals such as Comcast’s bid to buy Time Warner Cable. “Companies may think they need greater scale to enter new markets or keep up with their rivals. But unless they can show how this would benefit consumers, it is immaterial,” they wrote. “If anything, the FCC should be more skeptical of mergers that come in waves, since in the aggregate consumers suffer from a more highly concentrated, centralized marketplace, with fewer choices, homogenous offerings and increased likelihood of coordinated effects.”’

Internet Access Competition Update:

Did you know that communities that have a service provider that offers a 1 Gig service have a per capita GDP that’s 1.1 percent higher than other communities that have little or no gigabit services? That’s the report from Sean Buckley on Fierce Telecom this week.

But cities that didn’t win the “gigabit google lottery” are taking action on their own. According to Denise Linn of Next City, Louisiville has identified three companies that will invest in a gig in areas of town. 

“Though Louisville’s future network will not be supported with public funds (in contrast to projects in Wilson, North Carolina or Lafayette, Louisiana, for example), initial momentum certainly came from the bottom up. Demand for faster speeds was fostered and articulated by the city’s residents, academics and the business community.”

Of course we think a publicly-owned network is a better bet for the city, but this is a good step.

Meantime, a conference on gigabit networks sparked three communities in Connecticut to explore their options. They modeled their request after Louisville.  Fierce Telecom and The Westminster Dispatch had the story: 

"As soon as we started the conversation about gig networks, we heard from businesses, universities, high-tech start-ups, mayors and first selectmen – really such a variety of stakeholders – about how greater Internet speeds at lower costs are essential to their functioning," Katz said in a West Hartford Patch article. "We knew it was an important economic development tool, but we've learned gig networks are also essential for medicine, precision manufacturing, education, e-government, many different people in different sectors clamoring for gig networks."

Jason Myers reported that the initiative is “open to any and all municipalities in Connecticut." Organizers hope that network partners will be encouraged by more cities joining the initiative. 

Big News from the land of 10,000 lakes: Joan Engebretson reported in Next City that Paul Bunyan Communications — a co-op in Northern Minnesota will be home to the nation’s largest public gigabit service as early as 2015. The “GigaZone” will cover about five thousand square miles. 

“Expanding broadband is a great equalizing force for boosting rural economies. Today you don't need to live off a major highway or in a bustling city to find a good job, start a new business, or get a high quality education but today you do need a high-speed Internet connection," said Senator Amy Klobuchar, who has championed the effort of rural broadband access at the national level since being elected.”

Seattle’s new Chief Technology Officer has broadband on his mind. GovTech profiled Michael Mattmiller this week

“The Federal Communication Commission is now considering altering the definition of broadband Internet -- increasing the speed from 4 Mbps to 10 Mbps. For a city to keep up with the changing standards, it must consider new avenues, Mattmiller said, like eliminating red tape. The city council is now reviewing proposed changes to the Seattle Department of Transportation’sDirector’s Rule 2-2009, which made it difficult for broadband providers besides Comcast to develop their networks in the city.”

And finally, we thought Santa Monica’s public network was fast before— now they’re raising the bar yet again. The city now boasts a 100 Gigabit per second fiber network.

“This is only the latest milestone in a long line of advancements Santa Monica has made in the broadband arena. We are considered a leader in social tech and have leveraged our fiber optic network to advance free Wi-Fi in public parks and major bus routes, provide internet to our libraries, and connect our schools and college locations. These efforts have contributed to education, economic development, and provide impressive Internet speeds for large conferences and events. We are proud to be the 1st, 100 Gigabit municipal network in the U.S.,” said Jory Wolf, the City of Santa Monica’s Chief Information Officer.

Let that sink in.

Local Tennessee Communities Rally Behind EPB

As the FCC contemplates the fate of the Chattanooga EPB's ability to expand to surrounding communities, some of those Tennessee communities are publicly announcing their support. The Town of Kimball and Marion County, both part of the Chattanooga metro area, have passed resolutions asking state legislators to reconsider Tennessee's anti-muni law.

The Times Free Press reports that Kimball's Board of Mayor and Alderman unanimously and officially asked their state officials to introduce legislation enabling local authority. They requested action as early as the next legisaltive session.

Marion County passed a similar resolution in August - also unanimously. According to Kimball's City Attorney Bill Gouger:

"It is a situation where there are providers out there who would like to extend fiber-optic cable and high-speed Internet-type systems throughout our county," Gouger said. "The simple fact is, right now, our state laws make that really difficult to do, if not impossible."

County Mayor David Jackson is reaching out to the other municipalities in Marion County to increase support. From the article:

High-speed Internet access is "very important" for the entire county, said Jackson.

"It would, hopefully, give us another edge in getting new industry and other businesses to our county," he said. "It [quality Internet access] is very vital. We've got some industries now that are really struggling because they have limited Internet access."

Gouger said commercial and industrial developments are making high-speed Internet access a "requirement" for setting up shop in rural areas like Marion now.

"If we can't get those types of things throughout our county, it's going to disqualify us from some future growth," he said. "That's the whole purpose of this resolution."

Business, Education Call on Culver City to Invest in Muni Fiber in L.A. County

Last fall, Culver City hired a consultant to develop a design and business plan for a possible fiber network project. Recently, prominent business leaders and parents of local school children have publicly expressed their support for a municipal network.

Culver City, also known as "The Heart of Screenland" is situated in west L.A. County, surrounded primarily by the City of Los Angeles. Approximately 39,000 people live in this community that is beginning to draw in the tech industry. In addition to Disney's Maker Studios, Apple owns Culver City's Beats Electronic, known for high-tech headphones. Culver City wants to stay current to compete with Santa Monica, home to a number of tech businesses that connect to its publicly owned City Net.

The L.A. Weekly reports billionaire Patrick Soon-Shiong, owner of NantWorks, has encouraged city leaders to move forward with the project. His specific request is that five business districts be included in the network deployment. NantWorks, located in one of those districts, provides cloud-based operating systems to support telehealth. According to the article, Soon-Shiong is rallying other business leaders:

Soon-Shiong has been encouraging other business owners in the area to support the plan, which is expected to come before the City Council sometime in October.

"He feels this is key," said Mike Sitrick, a spokesman for Soon-Shiong. "He’s talked to various city officials and told them how important he thinks it is, not only to his business, but to attracting additional businesses to Culver City."

Local elected officials report positive feedback as the city reaches out to determine interest in the project:

"We're still attempting to gauge the degree of interest," said Councilman Andy Weissman, though he added, "I'm confident it's going to happen."

The business community is not the only sector in Culver City seeking better connectivity. The Front Page Online recently published an op-ed from the group United Parents of Culver City. Regarding Soon-Shiong's statement about the importance of the project, the President of the parents' organization writes:

We agree.

We will take it a step further: This is key to the future of our schools, too.

...

Parents interested in technology issues are well aware that bandwidth limitations have created problems in our district. Those problems only will grow worse as technology becomes more integrated in the classroom environment and as online testing becomes more prevalent.

Free High-Speed Internet Coming to North Kansas City, Missouri

Last year we reported on a deal between Google Fiber and North Kansas City. The provider entered into a long-term lease to use LiNKCity dark fiber to incorporate into its area deployment. The City recently announced it will now enter into a public-private partnership with DataShack to bring fiber to local businesses and residents. Residents will receive free high-speed access. From the City's announcement:

The partnership between these two companies will enable residents to experience Gigabit speeds for FREE. On January 1st, 2015 all existing residential customers will be upgraded to free monthly 100 mb internet service. New customers after January 1st will have the opportunity to choose between three service options; free monthly gigabit internet service with a $300 installation fee, free monthly 100 mb internet service with a $100 installation fee, or free 50 mb internet service with a $50 installation fee.

A Kansas City Biz Journal article reports that North Kansas City will retain ownership of the infrastructure and DataShack will bring free gigabit Internet service to the public library, city churches, and all public schools. Profits and losses will be shared equally but the City's losses are capped at $150,000, including the capital investment. DataShack will operate and maintain the network.

"It's a win-win for the city," said Byron McDaniel, the city's communications utility director. "It's really giving back to the community what they've invested into the network."

According to the Kansas City Star, the network has a lot of business customers, which is the core of DataShack's strategy:

Today, liNKCity has about 460 business customers in North Kansas City who pay anywhere from $80 to $500 a month for high-speed connections. DataShack plans to keep business rates the same while cranking up speeds.

About 440 residential customers currently buy hookups from liNKCity. Brown said he expects the free service to make that number double or triple.

Frankly, we don't yet understand this business model but as we learn more, we'll write about it. LiNKCity has always been an odd network as it was funded with revenues from a casino, which seemed to change the incentives for how quickly it was expected to break even and pay for itself financially.

Sign Up Early for A Gig in Longmont, Colorado

If you are in Longmont, you can sign up for gigabit service from LPC for only $49.95 per month. The Longmont Compass reports that customers who sign up within the first three months will retain that price point for an as yet undetermined extended period. AND, that price stays with the home if the customer sells, adding substantial value to the real estate.

The Compass also spoke with General Manager Tom Roiniotis about LPC's decision to offer Internet and voice but not video: 

“Cable TV is a dying industry. People want to get the TV that they want, not the TV that the cable companies force them to get.”

When pressed for an example, Roiniotis considered sports. If you want to watch an NFL game, why should you have to pay for two hundred channels you’ll never even tune into? There is a growing consensus that audiences don’t want to watch the movie that happens to be on Showtime right now, they want to choose when to start, when to pause, and what movie they’re interested in. As he put it, “The consumer is finally becoming king in the world of TV.”

“In five years, I can see Xfinity (the Comcast content delivery network) using our fiber-optic to deliver their content,” he says. “So instead of investing another $20M in the technology to deliver cable, we save that money and let the consumers drive the future of content delivery.”

LPC began construction on the expansion in August with completion scheduled for 2017. Last fall, voters passed a referendum to bond in order to speed up construction.

Letters to the editor from Longmont locals express impatience. They want better services! P.R. Lambert recently wrote:

It's really sad that the Longmont fiber optic Internet will take so long to be installed. From what I see, the two major competitors (Comcast and Century Link) seem to believe that customers are a bother.

One of those has pricing on their web page that they refuse to honor, while the other will not even try to be competitive.

The Compass shared this video to illustrate what lucky Longmonters have coming to them:

Video: 
See video

Reflections on the Internet Governance Forum - Community Broadband Bits Episode 116

This week, Lisa Gonzalez interviews me about my recent trip to the Internet Governance Forum in Istanbul, Turkey. The IGF is an opportunity for anyone concerned with Internet Governance on planet Earth to discuss the perceived problems and possible solutions.

It uses a multi-stakeholder format, which means that governments, businesses, civil society, and academics are all able to come to the table... this means just about anyone who has the means to participate -- including by doing so remotely -- can do so.

I went as part of a delegation with the Media Democracy Fund, along with six other grantees of theirs to get a better sense of how we can contribute and what we might learn from these international discussions.

Lisa and I discuss my impressions, some of the topics we discussed, and why it is important for people in the United States to participate in these global deliberations.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address.

This show is 17 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

Listen to previous episodes here. You can can download this Mp3 file directly from here.

Thanks to The Bomb Busters for the music, licensed using Creative Commons. The song is "Good To Be Alone."

ILSR Submits Comments to FCC in Support of Restoring Local Authority

The Institute for Local Self-Reliance recently submitted comments on FCC petitions filed by Wilson, North Carolina and Chattanooga, Tennessee. We have been following the proceedings that may prove to be the tipping point in the movement to regain local telecommunications authority.

Our organization collaborated with eight other groups and two D.C. Council Members to provide detailed comments for the Commission's consideration. Our group supplied examples of the benefits munis bring to local communities. In addition to providing connectivity where the incumbents fail to meet demand, our comments point out that municipal networks encourage private investment. We provide concrete evidence of both.

With our partners, we also addressed the fact that state restrictions like the ones in North Carolina and Tennessee are not needed. Local communities must go through a rigorous, transparent process everywhere before investing. State legislative barriers are the product of intense lobbying from the cable and telecommunications giants.

As we point out to the Commission, municipal networks are an important tool to bring ubiquitous Internet access to the U.S.:

The FCC is tasked with ensuring high speed access is expanded to all Americans on a reasonable basis and to remove barriers to broadband deployment. Local governments have proved to be an important tool in expanding access to high speed Internet access. Both Chattanooga and Wilson have neighbors that publicly want the local municipal network to expand access to them. Both Chattanooga and Wilson are prepared to invest in connecting their neighbors. Restoring authority to local governments, so they may decide for themselves if a municipal investment or partnership is an appropriate way to expand high speed Internet access, will result in a more rapid deployment of high speed Internet access.

We also filed comments alone to provide the FCC a small sample of the support people and organizations have shared with us. Even before the comment period, we heard from local governments and organizations that passed resolutions in favor of local authority, members of the business community that support local authority, and media outlets that endorse local decision making.

From our closing comments:

ILSR stands with local businesses, residents, media outlets, and many others in encouraging the FCC to grant this petition, restoring the capacity of local governments to invest in next generation Internet access or partner to the same effect, if they so choose. We have worked with communities across the nation and recognize that this is not a partisan issue at the local level. It is about jobs, education, and quality of life. Restoring the right of communities to invest in fiber networks will result in faster deployment of fast, affordable, and reliable Internet networks.

Community Broadband Media Roundup - September 12

This week, you might have been tripped up by some infuriating “spinning wheels of death” on the Internet, but don’t worry, the slow-down was largely symbolic— at least for now. Fierce Telecom covered the Internet Slowdown Day protest on Wednesday, organized by “Battle for the Net." It was designed to bring attention to what will happen if so-called “slow lanes” are allowed under new FCC net neutrality rules. 

Netflix, MuniNetworks, Kickstarter, Reddit, and thousands of other sites took part in the protest. “The New Yorker’s” Vauhini Vara writes that Internet Slowdown Day produced more than 700 thousand comments about proposed FCC rules. 

Meanwhile, Amazon is positioning itself to come out on top whichever way the Net Neutrality rules fall. Susan Crawford urged the FCC to take action and “Think Chattanooga.”

“This is not a story of huge companies fighting one another. This is a sweeping narrative of private control over the central utility of our era: high-capacity Internet access. We, the people of the United States, are the collateral damage in this battle; we are stuck with second-class, expensive service.”

Muni Networks are gaining more ground, with Chattanooga and Wilson, NC still in the spotlight. Anne L. Kim took up the issue of preemption on CQ Roll Call. She interviewed Chris Mitchell for the article:

“Communities build their own networks because they think the private sector isn’t investing in them, said Christopher Mitchell… According to Mitchell, in the case of city-wide municipal fiber networks, reasons for deployment are often a mix of getting fast, reliable service at an affordable price.”

Blogger KateCA of My FireDogLake commented on the failings of the invisible hand in the telecom realm in her Corporations and The Commons post. 

“While free enterprise usually merits a hearty rah-rah in certain circles, competition between for-profit entities and publicly-owned ones seems to be a no-no, at least to Rep Blackburn and her crowd when it comes to [Chatanooga’s] EPB.”

In The New York Times, Colin Dougherty laments the search for a killer app in cities where Google Fiber has set down roots. He talked to Chris Mitchell and other experts about the difference between local control and dependence on a corporation like Google:

“It felt like a righteous invading tech company coming in to tell us how to run the city,” he said. Faster Internet helps Google in lots of ways."

The more time users spend searching the web or watching YouTube videos, the more ads Google sells and the more Google services people use. The company could also use Fiber to test new services like household-targeted TV commercials.

As FCC Chairman Tom Wheeler announced his intention to address barriers to competition and broadband deployment, several reporters, including Stephen Hardy of Lightwave Online wrote on the topic.

Regarding the definition of broadband, Ars Technica’s Jon Brodkin and Fierce Telecom’s Sean Buckley wrote that AT&T, Verizon, and others made claims that consumers simply don’t need or want faster Internet speeds.

"Consumer behavior strongly reinforces the conclusion that a 10 Mbps service exceeds what many Americans need today to enable basic, high-quality transmissions," AT&T wrote in a filing. 

AT&T’s comments were made public after Wheeler mentioned that the current definition for broadband is much slower than is necessary for economic growth.  

Casey Houser suggests that gig networks are forcing big telecom to play a game of “anything you can do I can do better”. But many communities are not waiting around for the big guys to come in. More announced this week they are dipping their collective toes into the municipal broadband pool. 

Lexington, KY mayor Jim Gray says he’s moving forward to give his city a big gig push. 

Austin, MN’s Vision 2020 group is studying how it can get its own gig, after being passed over by Google Fiber three years ago. The Daily Herald’s Trey Mewes reports that the group will be going door-to-door to get feedback about the Gig Austin proposal.

Finally, a recent article in The Advertiser counters some false statements made by a paid muni network hit man. Lafayette Utilities System (LUS) director Terry Huval said a report published by “Reason”, and written by Steven Titch is extremely flawed and biased. 

“Steven Titch, a paid analyst, and formerly a news editor in the telecommunications industry, has been criticizing LUS Fiber and other municipal broadband systems for virtually the past decade,” Huval wrote in response to the report. He takes data and twists it in a way that meets the particular needs of that client,” he said. “The bottom line for us is we are doing well. We are growing every year.”