Muni Fiber in Rural Massachusetts - Community Broadband Bits Podcast 113

Though much of western Massachusetts has poor access to the Internet, the town of Leverett is in the midst of fiber build that will offer a gigabit to anyone who wants it. Peter d'Errico, on the town Select Board, has been part of the project from the start and Chairs the Broadband Committee. He joins us for Episode 113 of the Community Broadband Bits podcast.

He and I discuss the great need for the project and inaccurate broadband maps that overstate availablility in the region. We discuss the role of the "municipal light plant" law that gave them the necessary authority to invest in the fiber.

But more interestingly, we talk about how they have structured the financing and prices for subscribers. The network will be repaid both with the revenues from subscribers and a modest bump in the property tax. The kicker is that many households will see their taxes increase a little but the amount they spend on telecom will decrease substantially, resulting in more money in their pockets each month.

We have written about Leverett often over the years, the archive is here. Read the Leverett FAQ here.

You can read a transcript of this discussion here, 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 18 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."

Community Broadband Media Roundup - Week of August 22

As we move closer to a FCC decision to restore local authority, more lawmakers are coming out to back Wheeler’s comments on using Section 706 authority. This week Senator Markey and Representative Mike Doyle of Pennsylvania issued a statement calling on Wheeler to take action. 

Wheeler will need that kind of support to remove state laws that restrict competition, as John Brodkin writes in his Ars Technica article. Matthew Berry, the chief of staff to FCC Commissioner Ajit Pai, spoke at the National Conference of State Legislatures, an organization that already announced it would sue if Wheeler allowed the FCC to step in and overturn state laws:

“In short, under our constitutional framework, states are free to grant or take away powers from municipalities as they see fit. So the basic concept is this: city governments are appendages of state government, but state governments most definitely are not appendages of the national government."

Multichannel’s John Eggerton also warned that those opposed to preemption think the FCC is overstepping its authority: 

“Section 706 does not come close to containing the necessary clear statement that Congress intended to authorize the FCC to preempt state restrictions on municipal broadband projects." 

But others (thankfully) disagree.

Kate Cox at The Consumerist summed up the preemption letter call-and-response between lawmakers and Wheeler:

"In his letter, the chairman agreed that, the state laws against municipal broadband “have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition.”

 Motherboard’s Sam Gustin followed the most recent letter as well:

He [Wheeler] also reiterated his earlier stance on pre-emption, saying, “I respect the important role of state governments in our federal system, but I know that state laws that directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances,” though he diplomatically added, “I recognize that federal preemption is not a step to be taken lightly without a careful consideration of all relevant legal and policy issues.”

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.