FCC Public Comments Round Up

The Electronic Comment Filing System (ECFS) on the FCC website has been working overtime in the last few months, so we decided this would be a good time to “Roundup” the various petitions that are open for comment regarding Internet rules, give a brief rundown of the timeline, and let you know how you can make your voice heard. There are a couple of key deadlines this week, so make sure to get your comments in! Below is a quick summary of some of the petitions and filings you should be aware of, their deadlines, and next steps.

Net Neutrality (14-28)

After extending the deadline for Initial Comments on Net Neutrality, the FCC received more than a million comments asking them to preserve the open Internet. ILSR submitted its petition July 18, focusing on the issue of paid prioritization, reclassification, and regulation of content. The FCC also extended the deadline for reply comments to September 15.

The commission is expected to establish net neutrality rules by the end of 2014.

Local Authority on Municipal Networks

Wilson, North Carolina (14-115) and Chattanooga, TN (14-116) filed petitions with the FCC July 24th asking them to remove restrictions on their ability to expand and offer services to nearby communities. On July 28th, the FCC opened a public comment calendar for the request.

ILSR stands firm in its support of these communities, and others that have built their own networks. We are not alone. The US Conference of Mayors, several communities, the American Public Power Association, a coalition from the National Association of Telecommunications Officers and Advisors, the National League of Cities, and the National Association of Counties all joined together to publicly support restoring local authority to communities targeted by state laws to prevent competition.

Initial comments are due August 29th, Reply Comments are due September 29th.

Comcast/Time Warner Cable Merger

Comcast announced it would by Time Warner Cable Inc. in March. The merger (14-57) would give one company enormous power over our nation’s media and communications infrastructure.  ILSR signed on to a letter to Chairman Wheeler in April.

You must file your complaint by Monday, August 25 to be considered. Responses to comments are due September 23rd. Replies to those responses are due October 8.

AT&T/DirecTV Merger (14-90)

AT&T and DirecTV announced their intentions to merge in May. The FCC opened proceeding 14-90 June 11. Although some organizations, including ILSR have asked for an extension for comments, the current deadline for petitions is Sept. 16. Replies can be filed until October 16, and responses to those are due by November 5. 

Notice of Inquiry on Broadband Progress

And finally, the FCC opened a Notice of Inquiry on Broadband Progress August 5. The Inquiry (14-126)  kicks off the FCC’s tenth “State of the Internet” report, in which they examine whether “advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.” 

The deadline for the inquiry is September 4, the reply comment deadline is September 19. 

Department of Delusion: Comcast Takes Credit for Google Fiber, Unicorns, and Kittens

In what can only be assumed as a fit of insanity or confusion, several dozen US Mayors came out Friday with a letter to Chairman Wheeler, praising Comcast and demanding that the cable monopoly be allowed to take over Time Warner Cable. Given that Comcast and Time Warner Cable are among the most hated corporations in America, perhaps these math wiz mayors think two negatives will produce a postive?

In light of all the evidence against Comcast’s track record for customer service, its glacial pace at upgrading Internet access, and its false promises for investment, we find the letter absurd, at best. But then it contains this gem:

Since the Comcast Time Warner Cable transaction was proposed, Google has announced plans to expand its high-speed Fiber service to 34 new communities. 

Wow! Comcast wants to take credit for Google's investment in fiber networks? An investment by Google that is only necessary because the big cable companies have refused to meet the growing demand of our communities with better services?

This got us thinking, what else can Comcast take credit for since it announced the merger?

  • Since Comcast announced the merger, the Large Hadron Collider has not created a black hole large enough to destroy the Earth. #thankyouComcast
  • Since Comcast announced the merger, millions of kittens have been adopted #thankyouComcast
  • Since Comcast announced the merger, we have a potential Ebola vaccine #thankyouComcast
  • Since Comcast announced the merger, Bruce Willis has not had to blow up an asteroid to save our planet. #thankyouComcast

Check out our #ThankYouComcast hashtags on Twitter, Retweet them, add your own, and share with friends, family, and all your local officials. And if you’re living in one of the cities where your mayor sold you out for Comcast’s bottom line, make sure they know just how ludicrous their letter is, they’re clearly very out-of-touch with their constituencies.

Read the full letter here. And please, take a minute to file comments with the FCC on this merger. Due by Monday afternoon, August 25th.

#ThankYouComcast 

Rockport Builds Maine’s First Municipal Network

Rockport, a coastal town of just 3,300, became a statewide leader last month by launching Maine’s first municipal broadband network. Offering symmetrical gigabit speeds to businesses and residents, Rockport’s network is a carrier-neutral dark fiber system, with local private provider GWI offering retail services. 

The reach of the network is limited, as it consists of only 1.2 miles of fiber. While only about 70 homes and businesses currently have the option to purchase a connection, GWI offers symmetrical gigabit per second internet access for just $69 per month and the city has left the option open to expand the network in the future.

As noted in a Bloomberg View article on the network, it massively outpaces the only broadband competitor in Rockport, Time Warner Cable. Time Warner also offers a $70 service package, but its download speeds are 20 times slower and its upload speeds 200 times slower.  

The network was the product of a partnership between the town board, GWI, the University of Maine system, and Maine Media Workshops + College. Maine Media is a nonprofit college with 1,500 students learning photography, videography, and other digital media skills, and has a large economic footprint in such a small town.

Students’ coursework requires the storing and sharing of massive files, something that was previously difficult or impossible to accomplish given limited network capacity. Town officials are hoping that the new network will not only allow students to learn more easily, but enable them and others to establish small businesses in town.    

U.S. Senator Angus King, a vocal champion of broadband access, was among the officials on hand last week for the official unveiling ceremony. Speaking to the need for greater internet access, Senator King stated:

“In my opinion it’s exactly like water, it’s exactly like electricity, it is a public utility that is necessary in order for our economy and our country to flourish…We want to work where we live, rather than live where we work."

The total cost of the project is estimated at $60,000, half of which came from the University of Maine’s Networkmaine program and half of which came from the Town of Rockport. Interestingly, the town’s contribution came from tax increment financing (TIF), and required town voters to approve two measures to rewrite the local TIF statute and allow funds to be used for fiber optic investments.

Despite this encouraging sign in Rockport, a recent report from a Montana-based research firm ranked Maine 49th out of the 50 states in broadband availability and speed. Hopefully other Maine communities will be inspired by Rockport to look at their own broadband landscape and have a conversation about how they can expand internet access. 

Local TV covered the network unveiling. For those interested in the bigger picture, a piece from Engine.is, a technology research and advocacy group based in San Francisco, looks at Rockport’s network in the context of the larger nationwide need for fiber infrastructure and broadband competition. 

Syracuse Mayor Calls for Community Broadband

Syracuse, a city long frustrated by its lack of broadband options and in thrall to a monopolistic cable incumbent Time Warner Cable, is facing an even bleaker future. Comcast’s proposed merger with Time Warner Cable would shift Syracuse residents who need broadband from one of the two most hated companies in America to the other, while of course also ensuring that the combined company is even larger and more influential. Verizon gave up plans to compete in the Syracuse market several years ago when it ceased expanding FiOS

Fortunately for Syracusans, mayor Stephanie Miner doesn’t appear to be taking all this lying down. A Post-Standard article from Monday reports the mayor is considering plans for a city-owned fiber optic system that could bring gigabit connectivity to the area:

“I’m putting together a plan that we can do it ourselves, as a community,”

Syracuse has had rumblings of interest in municipal broadband for years, including a citizens group called the Syracuse Community Broadband Initiative that advocated and educated locals on the topic. Now, with mayor Miner’s comments, it appears the idea is again gaining traction. 

Miner’s plan seems to be in its very early stages, with little in the way of specifics yet:

"Would we have to do that in phases? What would that look like? How would we pay for it? What would the model be? Those are all things that we are currently looking at, '' Miner said.

Stop the Cap has a take on the issue as well. We hope to hear more details in the future as mayor Miner develops her plan. 

Revisiting the Blackburn Amendment Debates

REMINDER - Today is the last day to file comments in the opening round of the FCC petitions of Wilson and Chattanooga. Information on how to file here.

Last month, we covered the progress of U.S. Representative Marsha Blackburn’s amendment to strip the FCC of its authority to restore local decision-making as its budget wormed its way through committee and into a larger appropriations bill. Her quest to keep state bans and restrictions on community networks in place (including in her home state of Tennessee, where Chattanooga EPB has filed a petition to start serving neighbors in need) is impressive for its boldness, if not its logical consistency. Impervious to many observers and commenters who noted her extensive financial support from incumbent telcos, she succeeded in passing the amendment on the House floor by a vote of 223-200.

The points raised by Representative Blackburn on the House floor in support of her amendment deserve some attention, as does the rebuttal offered by Representative Jose Serrano of New York’s 15 district, who rose against the amendment and in defense of the right of local communities to decide for themselves how to meet their broadband needs. Few of Blackburn’s arguments will surprise regular observers of the telco incumbent playbook, but there are some highlights that deserve special focus.

Rep. Blackburn based nearly her entire argument against FCC preemption on the idea that states are closer to the people than Washington, and that the FCC shouldn’t tell the local folks what to do:

“[Chairman Wheeler] wrongly assumes that Washington knows best, and forgets that the right answer doesn’t always come from the top down.”

“...Twenty states across this country have held public debates and enacted laws that limit municipal broadband to varying degrees. These state legislatures and governors have not only listened but have responded to the voices of their constituents. They are closer to the people than the Chairman of the FCC.  They are accountable to their voters.”

“...State governments across the country understand, and are more attentive to the needs of the American people than unelected federal bureaucrats in Washington.”

We could not agree more, Rep. Blackburn: the right answer does not always come from the top down. Which is exactly why state legislators and incumbent lobbyists should get out of the way and allow local communities to find their own answer for affordable broadband access. In his time on the floor, Rep. Serrano raised this point as well:

"Whatever happened to localism or local control? This amendment means the Federal Government will tell every local citizen, mayor, and county council member that they may not act in their own best interests. 

[Blackburn’s] amendment is an attack on the rights of individual citizens speaking through their local leader to determine if their broadband needs are being met."

Representative Blackburn also raised the specter of the “failed” UTOPIA network, and charged that the FCC would somehow force all states to do something similar:

“For example, look at the failed UTOPIA project, that has created massive disruption and is challenging taxpayers… That doesn't sound like a model the federal government needs to force against the wishes of state elected officials” 

No one is “forcing” any kind of municipal broadband model on any community; under preemption each community would simply be free to choose for itself. The unfortunate state legislators who may potentially see the federal government go “against their wishes” are in fact forcing a cable and telecom monopoly model on local communities. 

Rep. Serrano noted the example of Chattanooga EPB, where gigabit connections can be had by anyone for $70 per month from the municipal utility and potential customers are clamoring for service but are blocked by state law. He also rooted out the red herring of “forcing” a given model on anyone: 

“Preemption will not force anyone to do anything that the municipalities alone don’t want to do. This is not about forcing states to do anything, but instead stopping states from choking grassroots competition and stopping states from blocking faster networks or new networks where none exist.

“Broadband is something that we need to expand... It should be available everywhere, and it should be available in every possible place - rural, suburban, inner city, in homes, in schools. 

We have to build the infrastructure to make that happen.” 

Rep. Serrano also submitted several letters into the Congressional Record in support of FCC preemption, including those submittted by the U.S. Conference of Mayors and the Coalition for Local Internet Choice.

As important as it is to name and shame the politicians (such as Rep. Blackburn) who act on behalf of their corporate sponsors to undermine local communities, it is equally important to give credit where it is due. In this case, a pat on the back is due to Rep. Serrano, who took time on the House floor to point out some of the more ludicrous straw man arguments used by the anti-community network crowd. 

The full Congressional record of their exchange can be seen here (the relevant debate starts on page 6280). Youtube also has an edited video of Rep. Blackburn’s full floor statements from her own channel, where Rep. Serrano’s well-reasoned rebuttal is conspicuously absent.

Fiber Infrastructure Helping Turn San Leandro into Tech Hub

San Leandro, a Bay Area city of about 85,000 bordering Oakland, is in the news for its fiber optic infrastructure policies. A recent article in the San Jose Mercury News describes how this post-industrial city is turning itself into a center for tech jobs and investment through cheap rents, streamlined permitting, and the ease and low cost of fiber connectivity for businesses in some areas of town. 

We featured San Leandro in an episode of our Broadband Bits podcast last year, when Christopher spoke with San Leandro Chief Innovation Officer Deborah Acosta and a Lit San Leandro consultant Judi Clark. Acosta and Clark gave the details on San Leandro’s innovative public-private partnership, which combines smart public investments in conduits and “dig once” concepts with private investment in the actual fiber optic strands themselves. The city has been able to access fiber for it’s own needs at minimal cost, while some businesses have access to up to 10Gbps connectivity, either through privately provided lit fiber or leasing their own dark fiber. 

As the Mercury News article notes, the fiber assets have begun to pay off. Several technology parks have taken up residence in the area, including a hub of 3-D printing companies, sharing space and ideas while taking advantage of incredible data transfer speeds. One entrepreneur quoted in the article describes the office park, located in a former car factory, as “the world's largest cluster of 3-D desktop printer companies.”

The article also notes the growing awareness of San Leandro’s economic comeback, and the role played by fiber optic infrastructure: 

"San Leandro is establishing itself as a city-scale lab for innovation. Only months ago, (it) was a relatively unknown Bay Area city," said Greg Delaune, CEO of UIX Global.

Lit San Leandro, the private company that worked with the city to do the initial fiber runs, is apparently also in talks with other Bay Area cities on potential similar projects. However, it is worth noting that there is no plan for connecting residents and this model may in fact make it more difficult to expand residental gigabit access.

The business case for residential access is always hard but is improved when high margin businesses can be connected at the same time. But when high margin businesses have their needs met first, there is little incentive for a profit-maximizing firm to invest in connecting lower margin customers, a phenomenon called cream-skimming in economics. 

Communities should understand there is no magic bullet in solving the problem of expanding high quality Internet access. Lit San Leandro is seeing success but may not be the best model for all communities.

Missoula Pursues Open Access Fiber for Jobs - Community Broadband Bits Podcast 112

After having met City Councilmember Caitlin Copple at last year's Broadband Communities event in Austin and seeing the progress Missoula, Montana, has made in considering a municipal fiber network, I knew we should ask her to be on the show. This week, she joins me and Karen Palmer, the Director of Operations for a local tech company in Missoula, LMG, for episode 112 of Community Broadband Bits.

After surveying local businesses, Missoula found a strong need for better services and is examining its options for an open access fiber network. They are fortunate to have already identified some service providers that want to work with them on the project.

Additionally, the network would be a boon for community anchor institutions, from schools to hospitals, and facilities owned by either the County or City.

Read a transcript of this show, episode 112, courtesy of Jeff Hoel.

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 Waylon Thornton for the music, licensed using Creative Commons. The song is "Bronco Romp."

Chris Mitchell In Burlington, Vermont on September 19th

Members of the Burlington community are hosting a luncheon on Friday, September 19th, to discuss ways to help keep BT local. Chris, as one of the leading experts on municipal broadband, will be leading the discussion. We have followed BurlingtonTelecom's challenges and victories since 2008.

The event is titled "How Do We Keep Burlington Telecom Local?" and will be at the CCTV Center for Media & Democracy in Burlington. From the announcement:

Many Burlington residents and activists are concerned about the City of Burlington’s plans to sell Burlington Telecom to a private entity by 2017. While the City is committed to BT as a driver for economic and community development, it currently has no specific plans to retain a meaningful ownership stake in the new entity. 

The event is part of a series of community talks aimed at maintaining public input as the City prepares to move forward. 

A free discussion will begin at 11 a.m.; it will be followed by lunch for $15. You can now register online. For those who want to learn more about the network and keep up on the latest developments, CCTV of Vermont has put together a resource page detailing upcoming steps with news coverage, video, and court documents. 

Media Roundup: Broadband Around the Nation - Week of August 15, 2014

This week in Community Broadband coverage, Eldo Telecom is helping debunk some fiber fallacies. Blogger Fred Pilot responds to a typical Comcast claim that government should not compete with private sector telecommunications providers, saying the argument is economically false:

"When the public sector steps in to build and/or finance telecommunications infrastructure, it does so because this market environment combined with the previously mentioned business model limitations of investor-owned telephone and cable companies produces market failure on the sell side. That failure has left millions of Americans unable to order modern Internet landline-delivered services at their homes and small businesses."

And, as the debate heats up about whether cities can restore local authority to build networks, cities, towns and counties around the nation took action to expand or develop community broadband networks. 

Many media outlets, including Syracuse.com reported Mayor Stephanie Miner's frustration with a lack of broadband options. Miner announced this week that a publicly owned network may be in the city's future. Though many questions are ahead for Syracuse, including how it would be run and who would pay for it, the mayor agreed that high speed internet should be a public service: 

"Almost as important as trash pick-up and water... [it is] the modern day equivalent of infrastructure... It's clear that broadband is going to be a foundation of our new economy."

And, if Kanabec County, Minnesota officials have their way, they could expand broadband in unserved areas with a partnership and revenue bonds. The Kanabec Broadband Initiative asked county officials this week to consider selling revenue bonds to expand its high speed Internet. Marc Johnson, chair of the Kanabec Broadband Initiative:

"The effort would be similar to how rural electric and rural telephone initiatives got started. Bonds would be repaid over time from broadband sales in much the same way as the county has backed revenue bonds for the FirstLight Health System, which are repaid from hospital and clinic revenues.

Rockport, Maine

Rockport, Maine is on its way to helping the state shrug off its dismal ranking of 49th in the nation for Internet access and quality. Maine Public Broadcasting and other news organizations report that Rockport, Maine joined the growing list of Gig Cities to light up its fiber for the city. A local ISP - Great Works Internet or GWI - was excited about the launch. The Portland Press-Herald also editorialized its support for municipal broadband.

Senator Angus King was on hand for the official launch of the network:

"Cable TV is something you can take or leave. You can watch it or not. Internet service, to me, is a different animal. It's something you can't live without," King said. "And to me that's what justifies giving it a different kind of treatment."

And finally, Cleveland's got Lebron back, they will soon have Kevin Love, and maybe-- just maybe, it will also have access to some of the fastest Internet speeds in the nation?

Kyle Wiggers of the CleveScene wrote this commentary favoring munis. He writes about the need for speed in Northeast Ohio: 

“If health care improves in part because of fiber, how long are we going to wait? If a school can begin to leverage next-generation internet in interesting ways, how long are we going to wait? The future is around leveraging fiber optics for the things that really matter: education, health, and economics.”

The Birth of Community Broadband - Video

ILSR is excited to announce a new short video examining an impressive municipal broadband network, Glasgow Kentucky. Glasgow was the first municipal broadband network and indeed, seems to have been the first citywide broadband system in the United States.

We partnered with the Media Working Group to produce this short documentary and we have the material to do much more, thanks to the hard work of Fred Johnson at MWG and the cooperation of many in Glasgow, particularly Billy Ray.

People who only recently became aware of the idea of community owned networks may not be familiar with Billy Ray, but it was he and Jim Baller throughout the 90's and early 2000's that paved the way for all the investment and excitement we see today. 

I'm excited to be helping to tell part of this story and look forward to being able to tell more of it.

Video: