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USA Today Covers Lafayette Community Fiber Success

The USA Today occasionally covered the Lafayette muni fiber network fight as Cox and Bellsouth used every dirty trick conceivable against the community to shut it down. Reporter Rick Jervis looks back in now that the network is available to everyone in town.

The battle over broadband in Lafayette is part of a growing number of clashes across the USA that pit municipalities against telecom firms for the right to deliver Web access to homes and businesses. More than 150 local governments across the country have built or are planning to build cyber networks, says Christopher Mitchell of the Washington-based Institute for Local Self-Reliance, a non-profit group that advocates community development and local access to technology. Mitchell says those efforts often draw opposition in the form of misinformation campaigns, lawsuits from private providers or unfavorable state laws resulting from telecom lobbying. Nineteen states either ban cities and counties from getting into the broadband business — or make it difficult.

Minor quibble: the Institute for Local Self-Reliance (and particularly my work) is not Washington-based.

Like the toy in Crackerjack boxes, we cannot have a story about community networks without at least one blatant lie from some cable company employee. No disappointments here:

"Our initial objection was, and remains, that it is an unfair advantage for your competitor to also be your regulator," says Todd Smith, a Cox spokesman. "Many states prohibit government from competing with the private sector."

I challenge Todd Smith to name one way in which LUS Fiber regulates Cox. When the local government makes rules that impact either Cox or LUS Fiber, such rules have to be non-disciminatory or they violate state and federal laws. If incumbents think the community is violating any laws, we know that they know how to hire lawyers and file lawsuits. They've done it often enough.

The story details some of the benefits to the community since LUS Fiber opened shop -- including businesses moving to Lafayette to create new jobs:

LUS Logo

Scott Eric Olivier moved his tech startup firm, Skyscraper Holding, from Los Angeles to Lafayette when he heard of the speeds and service offered by LUS Fiber. The same connectivity of 100 megabytes per second, which allows him to move large files across the Web for clients, would cost him several thousand dollars a month on the West Coast, he says. In Lafayette, he pays $200 a month. Another plus: He's getting what he paid for — exactly 100 megabytes per second — while his previous provider rarely delivered the promised speeds, Olivier says.

...

For Stephen Abshire, founding partner of the Gastroenterology Clinic of Acadiana, the city's fiber upgrade allowed him and his partners to finally make the switch to a fully electronic clinic. Health records, billing, pathology reports and endoscopy readouts are all reviewed digitally, he says.

The story profiles a local businessman who opposes the network and fought against it but still subscribes to it out of recognition that is "much quicker" than commercial alternatives.

LUS Fiber has historically kept its subscriber count close to its chest to avoid giving Cox any competitive information it is not required to divulge due to the more rigorous disclosure requirements on public entities than private providers. The story nonetheless reports that almost 1/3 of the city is subscribing already. Those who have stuck with Cox are paying less than nearby Cox customers as Cox has responded to competition with a host of special deals to prevent subscribers from switching to the far superior fiber-optic network.

Community Broadband: Bridging the Digital Divide

Publication Date: 
May 17, 2005
Author(s): 
Digital Divide Committee: Lafayette

In 2005, when Lafayette, Louisiana was considering a community broadband network, it created an excellent report discussing how a publicly owned network can work to improve digital inclusion. Six years later, the report remains well worth reading.

Public ownership provides more tools for making sure advances in communications technology benefits everyone.

Report Overview

This Digital Divide committee is motivated by the vision of our community creating a future in which everyone is both able to and motivated to seize the full power of a fiber optic network. Such a network has the potential to transform the lives of citizens in ways similar to the deployment of electricity, radio, and television. In building its own fiber-optic based utility, Lafayette creates the opportunity for further unifying the people of this community and, potentially, to help bridge current divides among her citizens. A publicly owned network can lower barriers to full and equal participation by making a new and powerful communication technology available to every citizen at the lowest practical cost. In our times, the keys to participation and productivity lie in these rapidly developing technologies. We recognize that if Lafayette is to experience healthy growth and benefit fully from such new technologies, all her people will need to become equal partners in our endeavor. Lowering the barriers to such a partnership and engaging in vigorous and innovative educational efforts will help us realize our community’s full potential.

Barriers preventing entry into the world of computers and the World Wide Web include low income, fear or suspicion of technology, a lack of understanding of how useful technology can be, and absence of instruction concerning computers and the Internet. In addition, transportation to places where computers and Internet access are available to the public and knowledge that such places even exist are barriers for some. For others, the use of technology is simply not integrated into their identity and they see few models for its productive use in their communities.

Lafayette citizens most likely to be standing on the other side of the digital divide include people who have low incomes, who are elderly, less educated, or disabled, members of ethnic minorities, and any community members who have been traditionally marginalized or for any reason feel separated from the broader society.

Bridging the digital divide is an excellent opportunity to bridge other divides within our community as well. As we reach out to help community members begin to connect to the world of technology, we can increase participation throughout the community. Through our actions we can demonstrate that we have a commitment to bring all Lafayette’s people into full participation. Our efforts to bridge the digital divide will produce benefits for all citizens, but will be of most help to those who currently participate the least.

To reach those members of our community who do not currently use computers or the Internet and help them understand how these tools can be useful to them and to our entire community, we must establish ongoing resources to provide the education, motivation, and content immediately relevant to residents of Lafayette Parish. Ideally, a secure, dedicated source of funds supplemented by grants would be set aside to help support these functions, ensuring not only greatest community benefit but also high levels of subscriber ship.

Our hope and intent is to build a vibrant, connected community, by strengthening existing community organizations and by encouraging new connections, educational and cultural resources, and economic opportunities for all.

Business Week Tackles Anti-Community Broadband Lobbying

Publication Date: 
December 1, 2011
Author(s): 
Alison Fitzgerald
Author(s): 
Brendan Greeley
Publication Title: 
Business Week

Brendan Greeley and Alison Fitzgerald have authored an in-depth exposé of the role the American Legislative Exchange Council (ALEC) played in passing a law in Louisiana designed to cripple community-owned networks ... while falsely claiming the bill was about creating a "level playing field."

This article may not have been possible without the work done by the ALEC Exposed folks at the Center for Media and Democracy.

The aptly-titled "Pssst ... Wanna Buy a Law?" article starts with the background of one of our favorite community broadband champions: Joey Durel, the Republican City-Parish President of Lafayette, Louisiana.

In April of 2004, Lafayette announced their intention to do a market survey to get a sense of whether the community would be interested in a publicly owned FTTH network run by the public utility. By that point, it was not possible to introduce new bills at the Louisiana Legislature. Or at least, that is a technicality when it comes to the lobbying prowess of big cable and telephone companies (mainly Cox and BellSouth - one of the major companies that later became AT&T).

Worried about losing their de facto monopolies, they tapped State Senator Winnsboro to take an existing bill, delete all the words from it and then append their anti-community broadband (anti-competitive) language.

The lobbyist brought back to Lafayette a copy of what would become Senate Bill 877. It named telecommunications as a permitted city utility, then hamstrung municipalities with a list of conditions. It demanded that new projects show positive revenue within the first year. It required a city to calculate and charge itself taxes, as if it were a private company. Cities could not borrow startup costs or secure bonds from any other sources of income. The bill demanded unrealistic accounting arrangements, and it suggested a referendum that would have to pass with an absolute majority. It also, almost word for word, matched a piece of legislation kept in the library of the American Legislative Exchange Council. The council’s bill reads, “The people of the State of _______ do enact as follows … ”

According to Ellington, he substituted the bill after a lobbyist for several of the state’s cable companies approached him, concerned about Lafayette’s project. Ellington’s district did not have plans to run fiber. Nor did any other city or parish in the state. “We were just making sure that the field was level,” he says. “We weren’t trying to keep them from doing what they wanted to do, we just wanted to make sure the public entity couldn’t go in and shortstop the private entities.” Ellington is probably sincere about that. The lobbyist who came to him probably wasn’t. The bill was not designed to level the playing field. It was designed to keep new teams on the sidelines.

The story goes on to track this bill back to Utah in 2001 (when Comcast and US West (later Quest and now CenturyLink) wanted to outlaw communities from building their own networks -- often in areas the private companies had refused to offer access to the Internet anyway). ALEC serves to spread those bills around the nation. When enacting corporate agendas, legislators prefer to get their bills from a nonprofit (ALEC) as opposed from directly from the corporations. Nevermind that the same corporations still write the bills and fund ALEC. It is sufficiently removed for what passes for democracy in America.

LUS Fiber

The bill passed. Lafayette managed to remove some of the ALEC bill’s barriers to entry but, as Huval had predicted, the law embedded into Louisiana code a set of handholds for future litigation. BellSouth and Cox Communications called for a referendum in Lafayette, which the law only suggests. The city’s attorney determined that the petitions to force a referendum did not meet the city’s standards, and BellSouth sued. Lafayette lost on appeal, paid for a referendum, and BellSouth ran ads against approving the project. (According to KLFY, a local television channel, Cox paid for a phone poll that suggested a government-owned provider might ration television on Tuesdays, Thursdays, and weekends.) Lafayette tried to issue bonds, and BellSouth challenged them. By 2007, when the Louisiana Supreme Court upheld the bond issue, Huval estimates that the city had paid $4 million in legal fees, more than the cost of the original fiber ring. A spokesperson for AT&T, which now owns BellSouth, says the company has backed away from BellSouth’s aggressive approach. But the damage is done. As with Utah, no other city in Louisiana has attempted to follow Lafayette.

According to data provided to Bloomberg Businessweek by the Sunlight Foundation, which posts government information online, state legislators who have signed on to sponsor the ALEC bill limiting municipal telecommunications have tended to receive donations from local cable and phone incumbents, as well as rural telephone associations. The pattern is consistent across states. In North Carolina, where the bill passed in May of this year after four attempts, these companies and groups consistently gave more money to the bill sponsors.

Noble Ellington hasn’t followed what became of his bill. “I just hope we fixed it,” he says, “so private industry and the city and parish were satisfied with what we did.” Terry Huval and Joey Durel both travel around the country now, talking to other small towns about how to get wired. Durel believes it’s going to get worse before it gets better. Huval is working with towns in nearby states but won’t say where. When a plan goes public, he explains, a bill—that bill—is not far behind. ALEC’s model bill on municipal broadband works because the idea of a city providing Internet access is alien to even most lawmakers. If a bill shows up at the right time, in response to one or two cities, it smothers an idea that hasn’t yet gathered many defenders. “I tell people this is not for the faint of heart,” says Huval. “If you don’t have the drive, don’t even start.”

We deeply covered the fight in North Carolina's legislature funded by Time Warner Cable. The bill in North Carolina was carried by ALEC members.

Most of the state laws restricting community broadband initiatives are included on this preemption map.

This is the kind of story that should be forwarded to elected officials. We are likely to see more of these cable and phone company attacks on local freedom next year than we have in any other year since 2005. We need to prepare and educate ourselves.

You can read our previous coverage of Lafayette here.

Sample Community Fiber Promotional Material from Lafayette

Communities with grassroots movements investigating or encouraging community networks should take a look at the many resources the citizens of Lafayette, Louisiana, developed in their referendum fight in establishing LUS Fiber.

In order to help educate the community, fiber supporters created a short newsletter (if there was more than one issue, I have not been able to locate it) with articles focusing on how the proposed publicly owned fiber-to-the-home network would create benefits in economic development, health care, and education. The newsletter is has a professional layout and comes complete with a glossary.

Fiber for the Future Newsletter

The newsletter also has a word from the Mayor (the inimitable Joey Durel) and quotes the Greater Lafayette Chamber of Commerce Broadband Policy. Finally, it also explains why the Lafayette Utilities System should build the network and cites successes from BVU in Bristol, Virginia.

Groups that are looking for strategies or a template for a web presence should check out Lafayette Coming Together. This was the organizing site they used in building support for the network, as a complement to Lafayette Pro Fiber. Unfortunately, the Fiber Film Festival web page no longer exists, but the most popular video (Slick Sam Slade) is still around - and embedded below.

An old episode examining the arguments around the network is still viewable (for Windows users) via the Louisiana Public Broadcasting archives -- look for episode #2844.

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LUS Fiber Testimonials and a Radio Ad

Scott Olivier is one of several people originally from Lafayette to return to Lafayette to take advantage of the their incredible community fiber network. He has done a series of short testimonials about LUS Fifber (embedded below).

We have covered similar testimonial from other community broadband networks and I think they are an easy way any community can begin marketing itself. Network supporters must also help out though - embedding the videos, spreading them with social media, and otherwise making sure the videos get distributed.

Below those testimonials is one of LUS Fiber's radio ads. It took me a little bit to understand exactly what they were getting at with the commercial - I think it could use a little more work. Remember, having the best network is not enough, you have to find ways of breaking through to citizens and motivating them to take the time to switch providers -- which is always a hassle.

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Resource: 2005 Lafayette Referendum Flyer

One of the goals for this site is to help communities that are organizing to build their own community-owned broadband networks. To that end, we are going to build a library of resources used by communities that have already organized for the same goals.

We want to collect pamphlets, flyers, videos, audio (of debates, radio programs, etc), anything that will useful to other communities and allows us to learn from each other. If you have suggestions for items we can include in this effort, please let us know.

I'm going to start this with a flyer John St Julien shared with me on my recent visit to Lafayette: a flyer they used to advertise one of the many community meetings they held prior to their successful referendum in 2005. You can download a higher resolution pdf here.

2005 Lafayette Referendum Flyer

Lafayette Dealing with Expected Headaches

No matter how much community broadband advocates prepare the community and elected officials for the expected difficulty of building a successful local project, in the midst of the deployment, times are tough.

A local paper in Lafayette claims "LUS Fiber [is] at a crossroads" but starts with an admission that these problems were forecast and expected:

Competitors will pay less for programming than you do, and in turn play hard ball by lowering rates for customers. Good luck keeping up with technological advances, expansion needs and growth costs; it's a risky proposition for a public entity used to maintaining rather than adapting. Your opportunities will be limited because you can't provide services outside the city limits. You'll be criticized for offering programming such as adult movies, and you'll be told you really should be focusing on your core business: running power, water and wastewater plants.

Terry Huval delivered that message in 2000, long before Lafayette committed to building their community fiber network -- a network that delivers some of the fastest speeds in the nation at the lowest rates and has already delivered hundreds of jobs.

Nonetheless, LUS Fiber is behind the take rate goals they had set in the business plan. The expenses are higher than forecast because Lafayette was unfairly denied entry to a coop that secures lowers rates for television contracts for members. The only discernible reason for rejecting Lafayette is that Cox joined the coop after Lafayette committed to building its network. There is little doubt that Cox was influential in denying Lafayette's application, likely increasing LUS Fiber expenses for offering cable channels by more than 20%.

This is just one of the many ways that the telecommunications market is rigged to benefit incumbents at the expense of all of us -- residents and small businesses alike. We will not have real choices in competition until government policy treats telecom like the essential infrastructure it is.

Mike Stagg, a long time supporter of the network is quoted in the article, challenging LUS Fiber to improve its marketing:

Can they do better? Probably so. Part of it is the fact that, just from a mindset standpoint, LUS is a utility and utilities generally do not compete," Stagg said. "I think that has been an issue that they have had to grapple with and can get better at. I think there was just this perception inside LUS that everybody knew about the service and how good it was. But they didn't. I just don't think they have been aggressive enough as marketers in pushing their service and highlighting the advantages. They have a great price. There are no tricks in it. It's straightforward. You can't live anywhere else in the U.S. and get this kind of bandwidth."

Marketing can be very difficult, particularly for public entities that are not used to revising their approach on a regular basis to quickly fix what goes wrong and improve upon what works. Big companies like Cox will saturate the market with advertising and promotional rates - communities have to find their own ways of responding by capitalizing both on their technical advantages as well as being the local provider with better customer service and non-gimmick pricing.

The "crossroads" article is odd because the "crossroads" is somewhat a headline fabrication, as explained by John at Lafayette Pro Fiber.

The theme of the front page story, LUS Fiber at a crossroads, is that some sort of decision needs to be made soon about whether or not to commit to the project or dump it. But nothing in the story itself warrants such a theme. There's nothing in the story that should make any reasonable reader think LUS Fiber is anywhere near failure and plenty of evidence that it is over the hump and is well on its way to success in what is hugely capital intensive business that nobody ever thought would make money in the first years. But more to the point: frankly the choice of whether or not to go forward has already been made: back on July 16th, 2005 when the citizens voted in the new public utility. The community now has the system that the citizens wanted. The discussion is no longer about "whether;" the discussion is now only about how to make sure it succeeds—and having succeeded how to make sure it is run so as to most fully benefit the community. Those are not trivial questions and I don't intend to underplay them. But pretending that there might be a choice, well, it might make a better headline but it doesn't help inform the real project at hand.

We recently evaluated the LUS evaluation and our conclusion has been that while it has not fulfilled all of its high expectations, it has greatly benefited the community already.

Sometimes we have to remember why Lafayette built this network. Once again, John reminds us:

What's disappointing is the claim that the system is rudderless, that it lacks clear goals. That's just silly. Of course it has a clear purpose and one that its leaders clearly honor:LUS Fiber is a public utility and its purpose is to put an essential service under the control of the community, to provide a first rate example of the service, and to provide it as cheaply as it is possible. That is i's fundamental purpose and I submit that there is no question but that it is meeting that standard. LUS Fiber is, for every service, cheaper than the private alternative. It is available to each and every citizen of the city; something no private provider would promise. The services are high quality—the video and phone services are at least as good as the former monopolies and the internet is unarguably not only cheaper but better.

BVU Optinet Logo

And another recent article in Lafayette reminds us that Lafayette's build has come during a debilitating recession:

Rosenbalm [President of BVU, which operates a muni fiber network in southwest Virginia] said LUS Fiber's struggles as a new business venture were likely multiplied by the fact that the system launched during the worst economic time in recent memory. Although Lafayette did not feel the effects of the recession as strongly as other parts of the country, there was an impact that may have led to some potential customers opting not to change, or that affected price points.

"You've been through, arguably, the second-worst economic time in the history of this country," Rosenbalm said. "They came into the business at a tough time, and the early years are hard within themselves. They just have to keep pushing though, and I think their growth from here on will be far more than it has been already."

These networks are very hard to build -- especially in the first 3-4 years. While it is important to ask tough questions and ensure the project is on track to meet community expectations, it is also important to take a broad view of the network's impact. The network has lowered prices, created jobs, improved access to education, and many second, third, and fourth order effects.

LUS should take a hard look at its business processes to make sure it is sufficiently nimble to operate against an opponent unafraid of fighting dirty.

But it should also make sure that someone is telling the LUS story. Where are the charts showing community savings as a result of more competition? Who is shouting out the success stories? Who is calculating how much more money stays in Cajun Country because it goes to Lafayette Utilities rather than Cox Communications?

This isn't just LUS's responsibility -- after all, it is a community network.

Is Lafayettte Community Broadband Doing OK or Great?

Lafayette Doing OK, Doubles Capacity for Promotion

John at Lafayette Pro Fiber recently updated us all on LUS Fiber's financials. According to John, LUS Fiber is doing OK, not great, in its FTTH offering (probably the best deal in the nation for fast, affordable, and reliable connections). In reading deeper, it is clear that the impact of the community network on the public is GREAT, not just ok.

From John's writeup:

LUS estimates that the citizens of the community have saved 5.7 million dollars—in part direct saving from LUS' cheaper phone, video, and internet services and in part as a consequence of Cox lowering its prices and giving out special rates. Those special rates were discussed in the meeting with Huval pointing out that Cox had petitioned for and received permission to treat Lafayette as a "competitive" area. That meant that Cox could offer special deals to Lafayette users and, as we all know, has offered cuts to anyone who tries to leave. Those "deals." as Huval pointed out to Patin don't include the rural areas of the parish where Cox has no competition.

But it doesn't end there. LUS Fiber, due to anti-competitive laws pushed through the state's legislature to handicap public providers, is actually subsidizing the City -- providing more benefits to everyone, even those who do not subscribe to the network.

Again it all goes back to the (un)Fair Competion Act. One of the things in that act a concession that LUS Fiber would be able to borrow from LUS' other utilities just like any other corporation could set up internal borrowing arrangements. This is not a subsidy, it's a loan—with real interest. One of the efforts to raise an issue by Messrs Patin and Theriot centered around "imputed" taxes. Those are extra costs that Cox and ATT got the state to require that LUS include in order to force LUS to raise their price to customers (you!) above the actual cost. (Yes, really. See this. The idea was that LUS should have to pretend to pay taxes that it doesn't actually pay when setting its pricing—and include those fake costs when competing against Cox or ATT. PSC regulations (not the law) requires LUS Fiber to send those monies to the larger LUS. So LUS utilities is holding money LUS Fiber earned. LUS utilities loans it back to LUS Fiber—at interest. The net effect of this is to subsidize LUS' other utilities on the back of the new utility, LUS Fiber.

That's the only subsidy uncovered today.

You can't make this stuff up. Only in Louisiana.

Seal of Louisiana

Lafayette is also saddled with unexpectedly high programming costs due to Cox leaning on NCTC to prevent Lafayette from joining the coop. This means LUS Fiber has to pay higher prices than its competitors do to deliver the same television channels.

Even though Lafayette is offering the fastest broadband in the area, they are running an incredible promotion - everyone got bumped up a tier in August and September. If you are paying for 10Mbps symmetrical, you are getting 30. If you pay for 30, you get 50. And you get 100 if you pay for 50.

This is how community-owned promotions run -- they actually deliver the goods rather than only giving you a low introductory price that balloons after 3-6 months (followed by annual rate increases thereafter!).

If you wanted to judge LUS Fiber from the perspective of a private company, it would be OK. But if you account for all the benefits it is delivering to the community, it is doing great.

Louisiana Leg uses Porn Excuse to Target LUS Community Network

We occasionally see big cable and phone companies getting creative in their efforts to shut down community networks. In socially conservative communities, restrictions on providing adult content is a common approach.

This technique came up several times in North Carolina, where TWC-sponsored elected officials proposed disallowing public providers from offering the same adult content channels that private providers offer. The reason has nothing to do with morals, but rather with the substantial revenue adult content generates. Incumbent providers know that if community networks cannot offer adult content to those who wish to purchase it, they will be deprived a significant source of revenue needed to pay the debt from building a modern network.

Bear in mind that no one is forced to see this content or even a scrambled channel (as was common in the "old" days). Community networks allow each family to decide for themselves what content is appropriate -- to the extent community networks differ from private providers in this regard, they provide more tools to filter out content that some may find inappropriate.

Last week, the Louisiana House briefly considered a bill to limit Lafayette's authority to make adult content available to subscribers that request it. House Bill 142 exists solely to put LUS Fiber, an impressive muni FTTH network, at a disadvantage.

John at Lafayette Pro Fiber has excellent coverage of the situation, with both an initial post featuring eyes-a-rollin' as well as an in depth followup "Lafayette delegation kills anti-LUS bill."

LUS Fiber Logo

The latter is essential reading for those new to understanding how any legislature works. And anyone building a network that will compete with big companies like AT&T, Cox, Time Warner Cable, et al. had better know how legislatures work because those companies live in the Leg. Their competitive advantage lies in lobbyists, not providing superior telecom services.

Apparently, the Legislators pushing this bill (on behalf of Cox - there is no other rational explanation) first claimed it was about banning the use of state credit cards from buying adult content (or services) when officials were traveling… but John notes that is already prohibited.

Legislators defending Lafayette (and all the citizens of Louisiana who have suffered enough at the hands of AT&T and Cox) sought a compromise that would have ensured a "level playing field" for adult content by applying the law to all providers equally. This killed the bill. But John wonders if there was something more at play:

Extra Credit: Decide whether the real point of this exercise was purely PR — was it never intended to pass, only to try and lay on LUS (again--this ploy fizzled badly during the fiber fight) the onus of selling "porn?" Or was the hope to impose another long, embarrassing and distracting lawsuit on Lafayette? (This worked pretty well during the fiber fight.)

Community networks and defenders, be prepared for similar fights at a legislature near you.

Lafayette's LUS Fiber Creates Videos, YouTube Channel

Lafayette's publicly owned FTTH network has created a YouTube channel featuring a commercial aimed at residential subscribers (in 15, 30, and 60 second spots) as well as a longer video aimed at increasing economic development.  Both are embedded below.  

These are "no-brainer" marketing techniques that every community should have at a minimum to promote their services.

Video: 
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