Community Broadband Media Roundup - March 6, 2015

Outlets are continuing to pick up on the fact that the FCC's Community Broadband decision was a big one for the future of the Internet. 

Community Broadband

The Most Important Decision the FCC Made Last Week Wasn't on Net Neutrality... By David Dayen, The New Republic

…Telecoms have reacted to this wave of community broadband in ways you would expect from politically powerful, deep-pocketed corporations. First they sued the pants off any municipality trying to build their own network. Then they used their clout in state legislatures to restrict their reach. In Tennessee, only municipal electric companies can provide broadband, and only in the markets they serve. In North Carolina, community broadband networks cannot jump county lines. States like Missouri and Texas ban communities from building their own fiber-optic networks.

FCC Tests Its Authority Over States: Agency takes on laws keeping cities from running Internet service... by Drew Fitzgerald, The Wall Street Journal

Why the F.C.C.’s Municipal-Broadband Ruling Matters, Too... by Vauhini Vara, The New Yorker

To those who support the growth of municipal broadband, the decision seemed eminently just. Some of the areas around Chattanooga and Wilson don’t have broadband Internet access at all, or else it exists only at low speeds; parents report driving their children to local churches or to McDonald’s so they can get online and finish homework assignments. Such efforts, proponents argue, demonstrate that, although the Internet may once have been a luxury, these days it’s a form of infrastructure, not dissimilar to water pipes or roads—and that towns lacking reliable access to it risk falling behind. “Why should it be the decision of Comcast or any company that the infrastructure that they happen to own in a community is good enough?” Joanne Hovis, the C.E.O. of the Coalition for Local Internet Choice, a group of businesses, cities, and others, told me. “Why shouldn’t a community be able to say, ‘We will work with another provider or work ourselves to be able to provide better infrastructure’?”

City-run Internet services still in limbo after FCC vote: Cities must wait for FCC ruling and likely court fight before knowing if they can expand public Internet service... by Allan Holmes, Public Integrity

When it comes to broadband, industry and lawmakers work hand in glove... by Amadou Diallo, al jazeera

Despite these statewide attempts to subvert local control, there are more than 400 communities throughout the U.S. with publicly owned broadband networks, said Christopher Mitchell, director of the Community Broadband Networks Initiative. He added that if private companies want to avoid competition all they really have to do is offer services where residents are asking for them. “I don’t know of a place where [communities] haven’t started off by asking [a private provider] for investment. Local governments already have a lot of responsibilities. They don’t want to add a massive new responsibility if they don’t have to.”

Improving Cities by Investing in Next-Generation Internet: A coalition called Next Century Cities is bringing leaders together to demonstrate the value of Internet infrastructure investments, celebrate member cities’ successful projects, and help other cities do the same... by Denise Linn, Data-smart City Solutions: GovTech

Republicans’ “Internet Freedom Act” would wipe out net neutrality: Internet providers need the freedom to block and throttle Internet traffic... by Jon Brodkin, Ars Technica

Blackburn's legislation would also wipe out the FCC's decision to reclassify broadband as a common carrier service subject to some of the Title II obligations imposed on wireline telephone and mobile voice. But while Internet providers and some Republicans have claimed to support net neutrality rules while opposing Title II reclassification, this bill would not leave any network neutrality rules in place. That's not surprising, given that Blackburn has been trying to get rid of net neutrality rules for years.

The Other FCC Decision... by David Morris, Huffington Post

In this debate about unfair competition, private telecoms would like us to forget about the enormous subsidies gifted to them in the past. In 1991 Vice President Al Gore called for building an Information superhighway by replacing old copper wires with fibers. Telephone companies enthusiastically applauded the Vice President's vision and rushed to request permission of state regulatory commissions to boost prices and increase profits in order to generate the capital needed to rewire the country. Most promised to achieve the rewiring within 20 years. Bruce Kushnick in his Book of Broken Promises notes that in its 1993 Annual Report to the New York Public Service Commission NYNEX vowed, "We're prepared to install between 1.2 million and 2 million fiber optics lines by 1996..." New Jersey Bell promised to rewire about 56 million miles by 2015.

The FCC’s Other decision aims to spur local broadband... by Mike Snider, USA Today

"all possibilities are now on the table, whether through public-private partnerships or municipally-owned broadband networks, to ensure North Carolina's businesses and residents remain competitive in the global economy."

More cities might now consider municipal broadband, said Rep. Mike Doyle, D-Pa. "I believe that other communities around the country, both those that have deployments and those that are contemplating them, should see this as an opportunity to take action for themselves and petition the FCC to have restrictions that they face lifted."

Deeper Than Net Neutrality: The Other Big FCC Decision This Week... by Robert Schoon, The Latin Post

In a way, even though it was limited to two particular cases, the municipal broadband decision takes a step toward addressing the competition issue, for which Net Neutrality is actually just a band-aid.

As The New York Times' analysis of the FCC Open Internet decision put it, "the new rules will not ensure competition from new entrants... Instead, strong regulation is intended to prevent the dominant broadband suppliers from abusing their market power."

In a way, the big win for Net Neutrality advocates this week was also a recognition that cable companies like Comcast are currently the only viable broadband game in town -- at least throughout large swaths of the country.

Put more directly: Cable already won, and now the FCC is just making sure it won't abuse its customers. And that's how the FCC's lesser-known municipal broadband decision on Thursday is more fundamental than Net Neutrality. It potentially opens up a new avenue of competition that's been tested and proven to work in the real world.

FCC Votes for Net Neutrality, Expanded Local Broadband Choice... by Brian Heaton, Techwire

If Mayors Ruled the World Today, They Would Launch Digital Cities Tomorrow... by John M Eger, Huffington Post

In every study about economic development, the importance of broadband Internet services are mentioned prominently. Given the realignment of power in the world -- from nations to cities to individuals--what the city does or does not do can determine their community's success and survival, or its demise; and as such, will determine the nation's success or failure.

We are not just talking about streaming movies, email, social media or Internet sales. We are talking about regional security, housing, law enforcement, fire, safety, transportation and the "Internet of Everything" ... when everything is connected to everything else.

Regulators approve tougher rules for Internet providers... by Anne Flaherty, Associated Press 

Not just net neutrality: FCC votes in additional broadband measures... by David M. Demar, SMN Weekly

Editor's Note: The Universal Need for Speed... by Tim Marema, Daily Yonder

FCC preempts two state laws that limit the geographic reach of municipal broadband systems... by Davis Wright Tremaine LLP, Robert G. Scott, Jr.

The decision rests on a novel interpretation of FCC authority. Section 253 of the Communications Act bars state or local restrictions on “any person” providing telecommunications services and authorizes the FCC to “preempt” any laws that do so. In 1997, the Commission held that 253 did not give it the authority to preempt a Missouri state law that completely prohibited municipalities from providing telecommunications service. The Supreme Court affirmed that FCC decision in Missouri Municipal League v. Nixon on the ground that a state’s decisions as to municipal powers are fundamental sovereign acts that are not preempted by federal law absent a statutory “clear statement” that Congress intended to interfere with those sovereign decisions. Although Section 253 explicitly allows federal preemption of both state and local laws that prohibit telecommunications competition, the Supreme Court found that the provision does not have the necessary “clear statement” of congressional intent to disrupt state control of local governments’ powers. 

The Road of Municipal Broadband Leads to FCC Broadband Title II... by Doug Mohney

Service providers are more than happy to fill in the gap, so long as they are paid by municipalities to fill the gap – which is where the whole argument about "we don't need regulation" starts to break down in earnest.   Either the service provider chooses to provide high speed Internet or it doesn't. If it doesn't, it should have no problem if the government steps in to fill the gap, especially when it is in a monopolistic position – the only guy in town – in the market.

FCC ruling could mean better Internet... by Michelle Willard, The Daily News Journal

The ruling could mean expanded Internet service offerings in Rutherford County, said Brian Robertson, director, Rutherford County Office of Information Technology and president of Mind2Marketplace.

“… Currently when a citizen complains that there is no broadband availability in their area, the only way local government can help is through our franchising authority, which allows us to require a provider to serve a particular area if at least 25 homes would be served by a one mile extension of that company’s feeder cable,” Robertson said.

But in the rural parts of Rutherford County, the population density makes it economically unfeasible to expand broadband, much less fiber, he said.

“If this ruling facilitates further broadband availability in underserved areas we could see increased economic activity, improved communications, and greater access to educational resources for those residents,” Robertson said.

 

State-by State

Even though the FCC’s ruling was specifically focused on Chattanooga, TN and Wilson, NC’s petitions, cities all over the nation took interest in what the rulings could mean for their own Internet futures. 

Iowa

Why isn't Des Moines a gigabit city? Blame demand, ISPs say... by Matthew Patane, Des Moines Register

Iowa's road to high-speed gigabit Internet is divided along two routes.

On one, large providers that serve much of the state and major population areas are upgrading their residential networks as demand requires.

"We're going to continue to deploy as our customers desire," said Michael Sadler, a lobbyist for CenturyLink, which rolled out gigabit speeds to 16 cities last year but doesn't offer the residential service in Iowa.

On the other, smaller companies and local utilities have rolled out gigabit networks in rural Iowa in anticipation of future demand.

"By having this product out there, we can adapt, we can change. We can get the customers what they need," said Chuck Deisbeck, CEO of Western Iowa Networks, which has deployed gigabit download speeds in Carroll, Breda and other cities.

Branstad recognizes local community’s efforts on broadband access... by Levi Ismail, KIMT-TV

Louisiana

Lafayette Looks to Expand Community Fiber Network... by Karl Bode, DSL Reports

Minnesota

How broadband develops here: Local goals, state grants... by Mitch LeClair, St. Cloud Times

Information Technology Director Micah Myers said the city of St. Cloud owns and operates about 90 miles of fiber-optic lines that connect the law enforcement center downtown, City Hall and all other government buildings except the airport, which connects to the Internet through T1 lines, a slower, older technology.

Myers said the fiber network, a "co-build with the school district" connects to St. Joseph and Clear Lake. About seven years ago, it prompted a discussion about providing competing Internet service in St. Cloud.

The city "never went anywhere" with the talks, but if more exploration would have occurred in St. Cloud, incumbent providers would have pushed back, Myers said. Entrenched cable television and telephone companies will "make your life a living hell," he said. 

Missouri

FCC ruling forestalls state efforts to block city-owned broadband... by Rudi Keller, Columbia Tribune

“Sen. Kurt Schaefer’s attempt to block the city of Columbia’s entry into the Internet infrastructure business by forestalling its authority to do so has been called into question by a Federal Communications Commission ruling that pre-empts state authority to limit broadband development.

… Columbia is considering whether to lease its city-built fiber-optic network to Internet service providers, who could in turn offer end-users data transmission speeds of up to 10 gigabits per second.”

Carl Junction Approves Community Broadband Service Agreement... by Kate Inman, Four States Homepage

North Carolina

Jackson entrepreneur takes on the last-mile challenge of high-speed Internet in the mountains... by Becky Johnson, Smoky Mountain News

The gap between the haves and have nots in the world of high-speed Internet will get a little smaller this spring thanks to a start-up Internet company that will soon be beaming Internet service from towers in Jackson County.

Travis Lewis, a well-known businessman and entrepreneur with a long family history in Jackson County, has rolled up his sleeves to solve the formidable last-mile challenge in the mountains. Since the dawn of high-speed Internet, actually getting it to the doorsteps of people in remote reaches of Appalachia has been a problem.

The FCC Voted to Preempt State Broadband Laws. Now What? The commission’s order overriding Tennessee and North Carolina state laws will take effect after it’s published. But there’s already opposition in the works... by Nicole Blake Johnson, State Tech Magazine

State attorneys general from Tennessee and North Carolina, broadband carriers and the National Conference of State Legislatures are among the likely candidates to appeal the FCC’s decision, said StateTech must-read IT blogger Christopher Mitchell, director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance.

“At some point in coming days [or] weeks, the decision will be printed in the Federal Register, and, at that point, Wilson and Chattanooga will be able to expand as will other communities in those two states,” Mitchell added. “And we will expect an appeal to be filed shortly thereafter.”

Editorial: Response to broadband ruling smacks of double-speak by Tideland News

FCC ruling shows how Internet has become vital to society... by David Purtell, Salisbury Post

FCC Chairman Tom Wheeler said Internet access is “too important to let broadband providers be the ones making the rules.”

Think about it this way: Most people have very little choice, if any, when it comes to choosing an Internet provider. In most places it’s one or two or three companies providing Internet access. And as the Internet becomes more intertwined with everyday life, especially as an educational resource, companies shouldn’t be able to use their control over Internet access as a financial weapon — picking winners and losers.

Kent Winrich, Salisbury’s director of Fibrant, has said the Internet will become like water in the future: people will need it to survive and function in society.

That concept is why the city took on the task of building a municipal broadband network. City Council decided that access to high-speed Internet was crucial to the city’s economic and social future. And since private companies wouldn’t build a fiber-optic network for the city, council chose to have the city do it.

Ohio

Local cable, Internet providers unchanged by controversial net neutrality protections... by Loren Genson, Medina Gazette

Oregon

Sandy Shows Support for Broadband... by Garth Guibord, Mountain Times

“It is increasingly clear that ultra-fast, next-generation Internet networks are the key to building and sustaining thriving communities, as essential as good healthcare, great schools, and reliable public safety. Indeed, in the coming decades, the Internet will increasingly become a platform for delivering these and other core services to our citizens, in addition to providing an onramp to the jobs and opportunities of tomorrow. Providing high-quality Internet is inarguably essential to safeguarding the public interest in the years and decades to come.”

Tennessee

Net neutrality is move to keep Internet content equal... by John I. Carney: editor, Shelbeyville Times-Gazette

EPB lays out plans to provide all of Bradley County with High-Speed Internet, TV Service; Cost is up to $60 million

 Now, EPB is waiting on the exact wording of the ruling prior to seeking to work out legal and technical issues.

Marsha Blackburn Rushes To The Defense Of Awful, Protectionist State Broadband Laws: from the stop-pretending-you're-helping dept... by Karl Bode, TechDirt

… Municipal broadband is an organic, community reaction to the telecom market failure they're "enjoying" on a daily basis. 

That's why it's been amusing to see Marsha Blackburn rushing to the defense of the ISPs and these bills, breathlessly trying to argue that she's just terribly, terribly concerned about states' rights. Almost immediately after the FCC's vote to limit the reach of such laws in Tennessee and North Carolina, Blackburn and Senator Thom Tillis introduced the "States' Rights Municipal Broadband Act of 2015 (pdf)," which would amend the Telecommunications Act to strip back FCC authority over states when it comes to timely broadband deployment. 

Tennessee lawmakers: Block FCC ruling on municipal broadband... by Erik Schelzig, Associated Press

Governor Haslam may appeal FCC ruling that allows EPB to expand gig... by Andy Sher, Times Free-Press

TN attorney general: No decision yet on FCC municipal broadband vote... by David Morton, Nooga.com 

Democrats in the state Senate said Slatery's decision on this issue will be a test of the attorney general's independence from Republican lawmakers.

"Anyone who has spent hours on the phone with a service provider to dispute a bill or get proper services knows consumers need more choices when it comes to Internet service," Senate Minority Leader Lee Harris said in a news release. "It is disturbing to see lawmakers act so quickly to limit consumer choice when Tennesseans are demanding more."

Bristol Tenn. City Council OKs $4.2M in new bonds... by Tammy Childress, Bristol Herald Courier

Cities tired of holding back high-speed Internet... by Stephanie Ingersoll, The Leaf-Chronicle

When Frazier Allen moved into his new Sango home with his wife and two children, it didn't occur to him that one of their biggest frustrations would be keeping an Internet signal... 

"We moved into this house just over a year and a half ago," he said. "The last thing I anticipated was not having good Internet access. We realized it just wasn't up to par."

Allen set out to change things and, along with his neighbors, he persuaded his cable company to lay down new lines into Savannah Chase...

He would like to get 50 Mbps high-speed Internet from Clarksville Department of Electricity's broadband division. And Allen and his family, who live only a quarter of a mile outside the city limits, are among thousands of potential customers CDE Lightband would love to serve, if only the Tennessee Legislature would change a 15-year-old law that limits municipal electric broadband providers from providing Internet service beyond their electric service territories.


Net Neutrality

Why Comcast, AT&T and other Internet providers might not sue the FCC after all... by Brian Fung, Washington Post

Verizon and big cable lash out at net neutrality rules – using morse code... by Dominic Rushe, The Guardian 

Telecoms giant uses a faux typewriter and morse code to issue statement expressing frustration at what it calls ‘antiquated’ internet regulations. 

What net neutrality means for Comcast-Time Warner Cable and other mega mergers ... by John McDuling, Quartz

Last week the US Federal Communications formally adopted stricter “net neutrality” rules that essentially will regulate the internet in the country like a public utility. (Here is a good, plain English explainer on what that actually means).

Of course, this ruling could (and probably will) be challenged in the courts by the big broadband companies. But many internet advocates and stock investors are already shifting their focus to looming consolidation in America’s communications markets that could change the way Americans access the internet and consume video.

Last Week Was A Victory, But The Fight For The Open Internet Is Nowhere Close To Being Donefrom the lots-of-pitfalls-ahead dept... by Mike Masonic, TechDirt

The details: Yes, as you may have heard, the fully detailed rules are not yet public. This is ridiculous and stupid, but it's the way the FCC operates. If it had released the detailed rules prior to the vote, it would have delayed the entire process. And, while dissenting commissioners Ajit Pai and Michael O'Rielly have been screaming about the travesty that the rules haven't yet been released publicly, what they conveniently leave out is that currentlythey are the sole reason for the delay. The FCC can't publish the final rules until the FCC has incorporated their dissents, and neither Pai nor O'Rielly have handed in their dissents.

 

Frontier Communications

Frontier Communications CEO Maggie “6Mbps is Plenty” Wilderotter is Out; Dan McCarthy Takes Over in April... by Phillip Dampier