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New York Times on Internet in America, Genachowski Legacy

Eduardo Porter has an important column today in the business section of the New York Times, "Yanking Broadband From the Slow Lane." He correctly identifies some of the culprits slowing the investment in Internet networks in our communities.

The last two paragraphs read:

Yet the challenge remains: monopolies have a high instinct for self-preservation. And more than half a dozen states have passed legislation limiting municipalities from building public broadband networks in competition with private businesses. South Carolina passed its version last year. A similar bill narrowly failed in Georgia.

Supporting these bills, of course, are the nation’s cable and telephone companies.

Not really "supporting" so much as creating. They create the bills and move them with millions of dollars spent on lobbyists and campaign finance contributions, usually without any real public debate on the matter.

Eduardo focuses on Google Fiber rather than the hundreds of towns that have built networks - as have most of the elite media outlets. Google deserves praise for taking on powerful cable and DSL companies, but it is lazy journalism broadly that has ignored the networks built by hundreds of towns - my criticism of the press generally, not Eduardo specifically.

FCC Logo

The person who deserves plenty of criticism is former FCC Chairman Genachowski. From the article:

According to the F.C.C.’s latest calculation, under one-third of American homes are in areas where at least two wireline companies offer broadband speeds of 10 Mbps or higher.

We have 20 million Americans with no access to broadband. The rest are lucky to have a choice between two providers and even then, most still only have access to fast connections from a single provider.

When the National Broadband Plan was unveiled, we were critical of it and believed it would do little to improve our standing. Even its architect, Blair Levin, is annoyed at how Genachowski failed to implement even the modest proposals put forth.

Back in the NYT piece, we find this:

Mr. Genachowski contends that broadband deployment is on the right track. He points to the growing number of high-speed broadband deployments like Google Fiber and municipal projects around the country, as well as to AT&T’s announcement that it will expand the footprint of its U-verse network — the number of homes to which service is available — to 33 million. This uses fiber part of the way and, AT&T claims, can attain up to 75 Mbps.

Absurd. First of all, the supposed AT&T expansion is playing with numbers. If anyone actually gets U-Verse from this new deployment, it will be fewer than 1.5 million people but we really have no way of knowing because neither the states or the FCC really keeps track of these deployments. They just take AT&T's word for it.

As for 75 Mbps, talk about cherry picking data. Most people live far enough away from the DSLAM or have old enough copper wires that they will not even come close to that number. And this is only for downstream - the upstream capacity remains a fraction of that. This is a fantasy in a fantasy but these numbers are repeated by media sources because they come from AT&T.

I'm rather surprised Genachowski did not also take credit for AT&T's pretend fiber press release in Austin or the overblown CenturyLink pilot in Omaha. Communities engaged in the hard work of building a network received scant attention until they had a ribbon cutting where Chairman Genachowski would appear suddenly supportive and trying to take some measure of credit.

FCC Revolving Door

Genachowski likely felt more comfortable with AT&T, CenturyLink, and a few other big corporations because they share his preference for press releases rather than doing the hard work that needs to be done. We look forward to seeing which of these firms he joins as a lobbyist of some sort ... after a stint at a nonprofit to make it less obvious, of course. Wouldn't want to be as obvious as former FCC Commissioner Baker.

Lest I go too far in attacking our former FCC Chairman, we do remain thankful that once in awhile he did stand up the big corporations and meekly request a reasonable concession.. Most recently, he spoke out against legislation in Georgia to revoke local authority to build networks. For years, FCC Commission and acting Chair Mignon Clyburn has fought to preserve local authority and we were pleased to see her get some backup from the then-Chairman. He didn't actually use his power to actually do anything, but it was nice of him to think of us.

As we move forward with the new FCC under Chairman-nomineer Wheeler, we hope to see real progress on expanding fast, affordable, and reliable Internet access to everyone. Given his industry background, we cannot help but be nervous. And the utter disaster Obama has been for a public interest media and telecom agenda does not help either.

As this NYT article confirms, communities are smart to pursue their own strategies in solving this problem, not waiting for DC to sort anything out. And if DC can be bothered to take any action on telecom, it would be smart to start by removing barriers for communities that want to invest in themselves.

Google Buys Provo Community-Owned Network

I just left the Broadband Communities Summit in Dallas, where I ran into many people doing great work to ensure everyone has access to affordable, reliable, and fast Internet networks.

Also while there, Google announced it had reached an agreement to offer Google Fiber in Provo by purchasing the municipal FTTH network. Provo has long been cited as a failure by critics of community-owned networks (even as it continued to attract jobs to the region).

Though Provo originally wanted to offer television, telephone, and Internet services directly using its trusted reputation in the community, the state legislature bowed to pressure from Comcast and CenturyLink (then Qwest) to limit local authority and tilt the playing field in favor of two distant corporations (that have still largely failed to invest in the networks needed by Utah communities). Provo was forced to use a wholesale-only business model.

That approach is rarely used today by communities that seek to build out the entire community at once because it is very difficult to generate enough revenue to pay the full costs of the network.

Despite Provo's struggles, Google recognized a community it wanted to work with. From Google's blog post:

Provo started building their own municipal network in 2004 because they decided that providing access to high speed connectivity was important to their community’s future. In 2011, they started looking for a partner that could acquire their network and deliver an affordable service for Provoans. We’re committed to keeping their vision alive, and, if the deal is approved and the acquisition closes, we’d offer our Free Internet service (5 Mbps speeds) to every home along the existing Provo network, for a $30 activation fee and no monthly charge for at least seven years. We would also offer Google Fiber Gigabit Internet—up to 100x faster Internet than today’s average broadband speeds—and the option for Google Fiber TV service with hundreds of your favorite channels. We’d also provide free Gigabit Internet service to 25 local public institutions like schools, hospitals and libraries.

ILSR Logo

At the Institute for Local Self-Reliance, we strongly encourage communities to own the essential infrastructure upon which they depend and we are dismayed to see such investments fail to meet their own goals or be privatized as has now happened in Provo.

But we also recognize the authority of communities to decide for themselves what the best path is and we believe that in these two isolated cases, Google Fiber will be a boon to the communities over the short term and resolve ongoing problems.

We have concerns over the longer term, but understand how difficult this business can be, particularly when state laws undermine the capacity of local governments to use the business models that give them the greatest opportunity to succeed.

As long as the Utah Legislature continues to kowtow to Comcast and CenturyLink demands, there would not have been an opportunity of Provo to fix the problems iProvo developed as a direct result of the initial crippling legislation.

I had an opportunity to speak with Milo Medin, head of Google Fiber, after his lunch keynote (which I hope to comment further on shortly) and he once again reiterated his (and Google's) opposition to states that restrict local authority to build these essential networks. He and we are on the same page - communities should be free to choose between building their own networks or partnering with others... or even doing nothing, though both Google and ILSR counsel strongly against that option.

One of the reasons Google chose Austin was because it was ready to work with them. In fact, we have long believed that if AT&T hadn't convinced the Texas Legislature to revoke local authority from communities, Austin Utilities probably would have already made network investments to benefit the community. As Google continues to look for partners, it will ignore entreaties from local governments that have had their heads in the sand, hoping they could avoid taking responsibility for ensuring great Internet networks.

Broadband at Speed of Light Cover

We continue to be excited that Google's investments in fiber access networks have changed the paradigm regarding access to the Internet. Those efforts have awakened the media to the pioneering work already being done in communities like Chattanooga, Lafayette, Bristol, Morristown, and many others (including Clarksville now). And we will continue to advocate for communities safeguarding their self-determination by having a measure of ownership over the networks on which they depend.

There is no doubt that communities are foolish to depend on distant national cable and DSL companies to build the next generation of Internet networks.

And don't be fooled by these two quick annoucements -- Google takes many months to negotiate agreements with local governments like Austin, Kansas City, and Provo. I would not be surprised to see another announcement or two in 2013, but would be surprised to see more than a handful more. Communities need to make their own plans, not hope for an outside entity to rescue them.

For cities that don't want to get into offering services, we have been identifying communities that have made smart investments in partnerships with other providers or on an open access basis -- see Danville, Palm Coast, Mount Vernon, Indianola, Princeton (IL), Cortez, and many others on our map of community-owned networks.

"Level Playing Field" Padded With Public Dollars to Private Providers

Municipal broadband networks have been gaining traction across the country. It's easy to see why: In many rural and low-income communities, privately offered broadband services are nonexistent. In its 2012 Broadband Progress Report the Federal Communications Commission counted nearly 20 million Americans (the vast majority living in rural areas) beyond the reach of broadband.

The Free Press' Timothy Karr's words are supported by the growing number of pins on our Community Network Map. We connect with places nearly every day where municipal networks fill the cavernous gaps left by the massive corporations. Large cable and telecom providers do not hide their aversion to servicing rural areas, yet year after year their lobbying dollars persuade state politicians to introduce bills to stop the development of municipal networks. Karr reviewed recent efforts to use state laws to stifle community owned networks in a Huffington Post article.

As readers will recall, this year's front lines were in Atlanta, where HB 282 failed. We hope that loss may indicate a turning point in advancing municipal network barriers because the bill lost on a 94-70 vote with bipartisan opposition. If it had succeeded, Georgia would have been number 20 on a list of states that, thanks to ALEC and big corporate sponsors like AT&T, Comcast, Verizon, and Time Warner Cable, have decided to leave their citizenry begging for the private market to come their way.

Time and again, the supporting argument goes like this:

"A vote 'yes' for this bill means that you support free markets and free enterprise," [Rep Hamilton, the Chief Author of HB 282] said [on the House Floor].

A 'no' vote means that you want more federal dollars to prop up cities, Hamilton said.

But Karr points out that some policy makers are starting to question that argument, with good reason. From his article:

"They talk about [the companies] as if they are totally free market and free enterprise, but doesn't AT&T get some tax breaks?" [Rep. Debbie Buckner] asked. "Didn't Windstream get some stimulus money? Isn't that government money?"

Indeed, phone and cable companies have been on federal welfare since their inception. A 2011 Institute on Taxation and Economic Policy study shows AT&T and Verizon receiving more than $26 billion in tax subsidies from 2008 through 2010. The FCC's 2012 report on Universal Service Fund subsidies shows nearly $3 billion in federal payments to AT&T, Verizon and Windstream.

In 2010, Windstream, Corp. -- a telecommunications company with services across the South -- applied for $238 million in federal stimulus grants to improve its service in 16 states. More than 16 million taxpayer dollars went to upgrade the company's services in Georgia.

So, while AT&T, Verizon, and Windstream continue to work with legislators and lobbyists who advance bills that maintain an environment rife with corporate welfare, rural Americans get nothing for their contributions. As the word spreads and more people learn about the benefits of community networks, we anticipate more people will recognize their value. In addition to saving public dollars, increasing connectivity, and spurring economic development, local networks are accountable to the communities they serve, unlike the big corporate ISPs, who are accountable to shareholders.

"The private companies have not been there for us," said Rep. Buckner, who represents rural parts of Talbot and Meriwether Counties. "And if they say they're going to come and be there for us, we don't know how long it will take them to find us."

In Georgia, Tech City Opposed HB 282 With Official Resolution

We were happy to report when HB 282 failed to advance on the floor of the Georgia General Assembly House in a bipartisan vote. We were equally pleased to learn that at least one Georgia community passed an official resolution opposing the bill while it was making its way through the committee process. 

Alpharetta, an Atlanta suburb, is home to 57,000 people and calls itself the "Technology City of the South." The community has no municipal network and no current plans to invest in one, but nevertheless passed a resolution on February 25th which opposed HB 282.

A Bob Pepalis article on the decision quoted Councilman Jim Gilvin:

"Once again I think this is just a state legislator jumping into local business. And I appreciate their concerns, but we do a pretty good job around here, I think. And if residents don't think so, they will be more than happy to let us know," Gilvin said. "I'd appreciate it if they'd just let us handle our government."

Pepalis heard similar sentiments from Councilman Chris Owens via email

"This goes not only beyond local control, but also impacts our ability and other communities ability to be masters of our own destiny and influence on development as well as provides services to their constituents, both residential and commercial," Owens said. "If that's something in a community's best interests, who better to make that decision than a community rather than the state on behalf of the community."

First, the resolution [PDF] sums up the real world affects of the proposal, if it had passed:

WHEREAS, House Bill 282 would tie the hands of municipal officials in their efforts to build digital networks they need to attract economic development and create a high quality of life for their citizens; and

WHEREAS, House Bill 282 is a bill that would undermine self-determination of cities in the digital age as illustrated by the following:

  • Before a city could provide new high speed Internet, cable, telecom or broadband service, it would be required to:

-Receive the permission of the Public Service Commission; and

-Prove to the Public Service Commission that each census block the city wants to serve has no existing broadband service (Census blocks are the smallest geographic area the Census Bureau uses for data collection. There are 291,086 census blocks in Georgia).

  • Existing local government cable, high speed Internet, telecom and broadband providers would be subject to the following service area restrictions:

-A city would not be allowed to expand its network to provide service to any customers unless the customers have no existing broadband service, regardless of the speed; and

-The city would not be allowed to provide the service even within the city’s boundaries.

Alpharetta seal

The resolution also called out the bill's authors and supporters:

And WHEREAS House Bill 282 would reduce Georgia's competitiveness and ability to attract new jobs as illustrated by the following:

  • Many Georgia communities have slow or limited access to the Internet compared to regional and international peers. This Bill sends a strong state message to these areas – “we don’t care.”
  • This is an effort to “protect” profits for private companies and ignores the economic development challenges many communities face.
  • The final report of Governor Deal’s Competitiveness Initiative indicates that many parts of rural Georgia are at a disadvantage because of a lack of broadband service. House Bill 282 would limit the ability of communities to bridge the digital divide where private providers have decided those investments do not fit their business model.
  • While the proposed legislation purports to exclude “unserved” areas from its purview, the definition of “unserved” is so narrow that virtually no community would ever fall under the exception.

NOW, THEREFORE, the Mayor and Council hereby RESOLVE that the passage of House Bill 282 (Preemption on Municipal Broadband), as well as any similar legislation, is hereby opposed as not being in the best interest of the City of Alpharetta and other municipalities within the state; and IT IS FURTHER RESOLVED that a copy of this Resolution be delivered to members of the City’s local delegation.

While resolutions like Alpharetta's are not the only contributing factor to a state bill success or failure, it is another tool in the toolbox for local leadership. In addition to raising awareness at the local level, official resolutions give state and federal leaders a clear indication of how their constituents feel about specific proposals, providing a hook for media to cover the larger story.

Democracy Now! Segment on Community Owned Networks

Last week, Catharine Rice and I were guests on a Democracy Now! segment filmed at the Freedom to Connect conference. We discussed what community broadband is, how it has benefited communities, and how a few big cable and telephone companies are trying to stop it.

Georgia Bill to Limit Internet Investment Dies on House Floor

We've been writing about Georgia's HB 282 for weeks, discussing the likely impact from limiting who can build Internet networks in communities that have the most basic Internet connections.

When the bill finally hit the House Floor, it failed in a bipartisan vote of 70 ayes to 94 nays. Many groups helped to educate the public and make sure many were informed about this legislation as it made its way through the Georgia House. Our full coverage of it is here.

Yesterday, CBS Atlanta ran another segment on this story, noting the overblown promises Windstream was making despite being unable to fulfill them (video below).

We will be running more stories on Georgia as we continue to cover the grassroots effort to protect local authority over this matter and continue to educate elected officials about community owned networks.

This is the second year in a row we saw Georgia consider a bill to limit local authority in this matter and we expect to see it again. We hope people in all 50 states are taking some time to tell their elected officials what they think about their access to the Internet and making sure that whenever a decision is made, it be made by the community without unnecessary barriers imposed by states or Washington, DC.

CBS Atlanta 46

CBS Atlanta Asks Tough Questions of Georgia Anti-Community Broadband Bill

We finally see television news outlets asking the tough questions of bill pushed by powerful cable and telephone companies to prevent giving residents a real choice in cable and Internet service providers. We been covering this Georgia bill closely, and were glad to see this segment:

CBS Atlanta 46

The segment makes an error in suggesting that tax dollars are commonly used by local governments in building networks. They are not. Most municipal networks are built using revenue bonds, where the community does not pledge its full faith and credit. Instead, they sell bonds to private investors who are then repaid by the revenues generated by the network.

But this mistake is more than outweighed with the reveal at end of the video, that the municipal network in Thomasville allowed the city to drop its local property entirely. Yet another community benefiting tremendously from owning its own network.

The Monopoly Magnate Helps Big Cable to Ban Community Networks in Georgia

We continue tracking the progress of Georgia's HB 282, a bill to limit investment in Internet networks. The bill basically says that if some people in a community have access to 3 Mbps (moderately slow DSL) connections, the community cannot invest in its own advanced networks - even to connect just local businesses that would spur job growth. This bill could be discussed on the Georgia House Floor any day. If it passes there, the Senate will take it up.

However, even if we can kill it this year, we can expect to see the big companies raise it again next year. It got us to wondering how anyone could consider this a good idea ...

Monopoly Magnate Comic

Feel free to share this comic, but link back to this page where possible. This link makes it easy to Share or Like on Facebook.

Read all of our coverage of this bill using this tag: HB 282 2013

If you want to stay up to date on these issues more generally, sign up for our one-email-per-week list of recent stories about community owned networks.

We previously created a comic about the Comcast astroturf campaign in Longmont, Colorado.

Feel free to share this video below with those who may not be aware why some communities have decided to build their own networks.

Video: 
See video

Community Leaders Testify Against HB 282, Bill Passes Anyway

Community leaders from several Georgia cities made the trek to Atlanta to oppose HB 282 on Thursday, February 28th. Opposition to this bill to limit investment in Internet networks includes community leaders, high tech companies, and citizens all over the state. Nevertheless, legislators on the House Energy, Utilities, and Telecom Committee chose to ignore the needs of communities, prefering to tell them from afar how to run their towns. Winners? Incumbents Windstream, AT&T, CenturyLink, and Comcast.

A substitute bill [PDF] was introduced that exempts communities with municipal electric utilities from the prohibtion to provide telecommunications. Additionally, the bill's definition of "broadband service" is now defined as service equal to or greater than 3.0 Mbps. "in the faster direction." While these look like compromises at first blush, they do very little to change the real world application of the bill.

Our earlier analysis of the bill addressed the fact that the expense and time required  to prove locations of unserved areas as defined by the bill, would foreclose the possibility of communities making investments in this essential infrastructure. Likewise, communities that already have networks would be similarly burdened.

While the muni electric exemption is clearly aimed at cities that might oppose the bill, community leaders from some of those target cities strongly spoke out against the revised HB 282. Elberton, Thomasville, and LaGrange, are a few of the communities who sent representatives and all know the power of their community owned networks. Concerned citizens who see the negative impact of this bill also showed up to speak their minds.

Mayors from Elberton and Thomasville testified along with the Elberton and LaGrange City Managers. The Georgia Municipal Association, spearheading the effort against the bill, covered the meeting for their blog.

City of Elberton Seal

City leaders expressed dismay over the bill and described how it would affect their own communities and rural Georgia. Here are some highlights:

"Let’s talk about economic development,” said Elberton Mayor Larry Guest. “Georgia should be promoting a pro-business, inclusive approach to broadband deployment, especially in rural areas of the state,” he said. “Competition ensures market-based pricing and faster delivery of state-of-the-art services. We have to do everything we can to attract jobs. If we don’t do that, business will not select rural Georgia. High speed access is essential to us."

When the bills author pressed the fact that the original bill had been amended to exempt cities that provide electric service, Mayor Guest responded:

"Other Georgia cities deserve the right to do what Elberton did, and their residents deserve the services Cumming has,” said Guest. “We are not second class citizens because we decided to live in rural Georgia.”

(The bill's chief author, Republican Rep. Mark Hamilton, represents a district that encompasses Cumming.)

Economic development was a big concern for community leaders:

“The concern that I have is the underserved areas around us,” said Thomasville Mayor Max Beverly. He noted that the bill prohibits cities from investing in, or expanding current broadband services, if any commercial carrier offers 3.0 Mbps where the city wants to offer that service.

“Three megabits is not adequate to do functions in a modern telecommunications world,” Beverly said. Beverly explained that Thomasville is preparing for its customers to use 20 megabits of bandwidth per second. “We are expecting the demand on bandwidth to double in the next five years and this bill does not address that,” he said. “There is going to be bandwidth inflation. Please consider the rest of rural Georgia.”

Residents also showed up to testify, driving home that fact that this issue is not only about business customers. A citizen from Dawsonville also spoke at the meeting:

"I am fighting to get the service I am paying for,” he said, adding that the company took federal stimulus money—$181.3 million according to the company’s 10K filed with the FCC—to invest in their infrastructure but he has not benefitted from any so-called investment.

“I want competition,” he said. “If my city wants to give [the private sector] some competition, I am worried that this bill would prevent my city from doing that.”

LaGrange, Georgia

Tom Hall, City Manager from LaGrange, summed up the potential power of HB 282:

LaGrange City Manager Tom Hall said the bill has the effect of picking winners and losers, “not only communities but whether businesses will have choices. You are throwing up barriers to communities to not be able to make choices in the best interest of their community and that is not necessarily wise public policy.”

A word about the process: The House Energy, Utilities & Telecommunications subcommittee met on Wednesday to discuss the bill and to listen to this testimony but did not take any action. The next day, Thursday, the subcommittee met again without testifiers and passed the bill. Later that same day, the full committee also met and passed the bill, again without the benefit of testifiers. The bill is now in the House Rules Committee, which will determine whether or not it will be voted on by the House. If the entire House votes on the bill on or before the 30th day of session (a day which has not yet been designated), and it passes, it will be sent to the Senate for consideration.

We continue to monitor this bill and to urge you to contact the Rules Committee (Committe Roster here). Tell them this bill is a bad idea and should not move to the House Floor. Policies like this, designed to take away rights from local communities to provide for their local residents, businesses, and government, are bad for Georgians and bad for the rest of us.

High Tech Companies Oppose Bill to Limit Internet Investment in Georgia

Several high tech companies and trade associations have sent a joint letter to Georgia legislators to oppose HB 282, a bill designed to limit investment in Internet Networks.

The letter has already been signed by Alcatel-Lucent, Google, Atlantic Engineering, Gigabit Squared, OnTrac, FTTH Council, American Public Power Association, NATOA, SEATOA, Utilities Telecom Council, and the Telecommunications Industry Association. The full letter is available here [pdf]:

Dear Chairman Parsons:

We, the private-sector companies and trade associations listed below, urge you to oppose HB 282 because this bill will harm both the public and private sectors, stifle economic growth, prevent the creation or retention of thousands of jobs, hamper work force development, and diminish the quality of life in Georgia. In particular, HB 282 will hurt the private sector in several ways: by curtailing public-private partnerships; by stifling the ability of private companies to sell equipment and services to public broadband providers; and by impairing economic and educational opportunities that contribute to a skilled workforce from which businesses across the state will benefit.

The United States must compete in a global economy in which affordable access to advanced communications networks is playing an increasingly significant role. As Federal Communications Commission Chairman Julius Genachowski recently noted in calling for broadband providers and state and municipal community leaders to come together to develop at least one gigabit community in all 50 states by 2015, “The U.S. needs a critical mass of gigabit communities nationwide so that innovators can develop next-generation applications and services that will drive economic growth and global competitiveness.”The private sector alone cannot enable the United States to take full advantage of the opportunities that advanced communications networks can create in virtually every area of life.

As a result, federal and state efforts are taking place across the Nation, including Georgia, to deploy both private and public broadband infrastructure to stimulate and support economic development and job creation, especially in economically distressed areas. HB 282 would prevent public broadband providers from building the sorely needed advanced broadband infrastructure that will stimulate local businesses development, foster work force retraining, and boost employment in economically underachieving areas.

Consistent with these expressions of national unity, public entities in Georgia and across America are ready, willing, and able to do their share to bring affordable high-capacity broadband connectivity to all Americans. Enactment of direct or effective barriers to public broadband initiatives, including HB 282, would be counterproductive to the achievement of these goals. HB 282 is also inconsistent with America’s National Broadband Plan, which calls on States to remove existing barriers to community broadband initiatives and to refrain from enacting new ones.

We support strong, fair and open competition to ensure that users can enjoy the widest range of choices and opportunities. HB 282 is a step in the wrong direction. It is bad for Georgia’s communities, bad for Georgia’s private sector, particularly high-technology companies, and bad for America’s global competitiveness. Please oppose HB 282 and any amendment or other measure that could significantly impair community broadband deployments or public-private partnerships in Georgia.