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Tennessee Files Appeal to FCC Order Scaling Back State Barriers

The State of Tennessee has filed the first appeal to the recent FCC Opinion and Order [PDF] reducing state barriers to municipal broadband. Governor Bill Haslam appears determined to keep his constituents in the Internet slow lane.

The state filed the short petition on March 20th arguing [view the petition on Scribd.]:

The State of Tennessee, as a sovereign and a party to the proceeding below, is aggrieved and seeks relief on the grounds that the Order: (1) is contrary to the United States Constitution; (2) is in excess of the Commission’s authority; (3) is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act; and (4) is otherwise contrary to law.

Haslam expressed his intention to explore the possibility of filing the appeal earlier this month reported the Times Free Press. In February, the Governor and Tennessee Attorney General Herbert Slatery signed a letter from a number of state officials to the FCC urging them not to change state law. U.S. Rep from Tennessee Marsha Blackburn and her Senate counterpart Thom Tillis introduced legislation to fight the Order just days after the FCC decision.

State Senator Janice Bowling, a long time advocate for local choice, and Rep. Kevin Brooks have taken the opposite perspective, introducing state legislation to remove restrictions to achieve the same result as the FCC Order with no federal intervention. Their bill has been publicly supported by the state Farm Bureau and local municipalities such as the City of Bristol.

Hopefully, at the next election Tennessee voters will remember how their state elected officials and their Governor stand on improving connectivity in the Volunteer State. The good folks at Tech Dirt expressed a similar sentiment

But here's the larger question: if you're a resident of Tennessee who likes having fast, affordable, competitive broadband, are you happy about your tax dollars being used to sue the FCC in an effort to uphold a law written by the big broadband players, focused on blocking such competition? It seems like the current Tennessee Attorney General, Herbert Slatery, has painted a giant target on his back for a challenger who actually wants to support the public in Tennessee.

Explaining the FCC Muni Order Removing State Barriers - Community Broadband Bits Episode 143

After anticipating this moment for many months, we have a ruling from the FCC that has restored local authority to build and expand networks in North Carolina and Tennessee. Though we have already pulled out the key passages for readers, we wanted to discuss the decision with Jim Baller of Baller, Herbst, Stokes, & Lide.

Jim worked with Wilson and Chattanooga in crafting their petitions and sat down with me last week at the Iowa Association of Municipal Utilities Broadband Conference in Des Moines last week.

We went over the key issues in the ruling, including why the FCC had authority to take action, how the state laws limited investment in advanced Internet networks, the impact of the ruling, and what comes next.

See our other podcasts with Jim as well as articles that we tagged him in here. Read the FCC's Memorandum and Order here [pdf].

We want your feedback and suggestions for the show - please e-mail us or leave a comment below.

This show is 30 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 Persson for the music, licensed using Creative Commons. The song is "Blues walk."

Bristol City Council Passes Resolution Supporting Bill to End Tennessee Muni Barriers

At its March 3rd City Council meeting, elected leaders in Bristol voted 4 - 1 to adopt resolution 15 - 8 reported TriCities.com. The resolution officially supports state legislation removing state barriers that prevent municipal electric utilities from offering Internet service beyond their electric service footprint. State Senator Janice Bowling and Representative Kevin Brooks are sponsoring SB 1134 and its companion HB 1303 [PDF].

Bristol Tennessee Essential Services (BTES) is one of the state's gigabit FTTH networks but like Chattanooga, is limited by state geographic restrictions. The recent FCC decision to overturn Tennessee and North Carolina state barriers has removed that legal provision but Bowling and Brooks want to make sure it happens and that Tennessee is able to embrace smarter policy without FCC intervention.

Bristol recognizes that its gigabit network provides a rare advantage in Tennessee. From the City Council agenda on the issue:

The service is an essential element of economic development, enhances educational opportunities, increases regional and global competitiveness, and provides a better quality of life. While we enjoy the benefits of being a “Gigabit Community”, there are many areas of Tennessee that lack access to high-speed broadband service. The ability to extend this service beyond the municipal electric service territory will provide an opportunity for customers to choose their provider and ensure a high quality of broadband service at a competitive price.

At the meeting, members of the Council noted that eliminating the restriction would allow BTES the ability to bring service to areas left behind by traditional providers. TriCites.com reported:

“This is David-versus-Goliath situation in that little, tiny BTES versus companies like Charter and AT&T have had the opportunity for years to develop places like Mountain City, Kingsport and Johnson City,” said Councilwoman Michelle Dolan. “Removing these restrictions would allow us to go into the cities that Charter and AT&T have not developed and for the city it’s a win-win situation.”

A PDF of the Resolution is available online and as a download below.

Orlando Sentinel Op-Ed - Local governments should make broadband choices

The Orlando Sentinel published this op-ed about local government action for broadband networks on March 11, 2015. 

Local governments should make broadband choices
By Christopher Mitchell

Community broadband must be a local choice, a guest columnist writes.

When Comcast announced plans last year to invest hundreds of millions in theme parks in Florida and California, its customers may have wondered why the cable giant wasn't using those funds to deliver a faster or more reliable Internet connection. While Comcast's Universal Studios faces competition from Walt Disney World, most people don't have a real choice in high-speed Internet access.

The Federal Communications Commission has just boosted the broadband definition from 4 megabits per second to 25 mbps. At that speed, some 75 percent of Americans have no choice in providers — they are stuck with one or none.

The rest of America is living in the future, often because their local government rolled up its sleeves and got involved. In some of these communities, the local government built its own network and others worked with a trusted partner. Chattanooga's city-owned electric utility built the nation's first citywide gigabit network, which is about 100 times faster than the average connection today.

Google is famously working with some bigger cities, whereas local provider GWI in Maine has partnered with several local governments to expand gigabit access.

However, the big cable and telephone companies have almost always refused to work with local governments. Instead, they've lobbied states to restrict the right of local governments to build or partner in this essential infrastructure.

In Florida, the law puts restrictions on local governments that do not apply to the private sector, such as a strict profitability timetable that can be unrealistic for large capital investments regardless of being privately or publicly owned. Some 20 states have such barriers that limit competition by effectively taking the decision away from communities.

In January, President Obama spoke out in favor of local governments being able to make these investments and partnerships without state interference. He was in Cedar Falls, Iowa, which has one of the oldest municipal broadband networks in the country, but it's the first city in the state with citywide gigabit access. A local business owner, whose business had been able to thrive in its hometown due to the public network and its world-class access, introduced the president.

Both Obama and the FCC are taking actions to remove barriers to local authority, but they are seeing strong opposition from some Republicans in Washington, D.C.

National Republicans may be less likely to support an effort that Obama has now championed. But they can't just oppose the president; they will have to oppose their own base, which tends to believe decisions should be made locally. The Institute for Local Self-Reliance analyzed all citywide municipal networks, over 150 communities, and found more than 70 percent reliably vote Republican.

It may be surprising, but at the local level, there tends to be little partisan divide over whether local governments should get involved in a service so dominated by big monopolies. In the city council, it is a practical matter: Do local businesses have the connections they need to be competitive? If not, how can we make sure they do?

A bipartisan group of mayors has already come together to form Next Century Cities, a collaborative nonpartisan organization that includes a diverse group of cities. Some own and operate their own networks, as in Opelika, Ala. Some are working with partners, as Kansas City does. Some, as in Ammon, Idaho, can be hard to find on a map. And then there are cities like Los Angeles that recognize they need something better also.

Fortunately, Florida's law has slowed but not stopped smart local approaches. Martin County built a fiber network that has saved millions of dollars in connections for public facilities and is used by health-care facilities. The city of Palm Coast's FiberNET has saved hundreds of thousands of dollars for the community, while dramatically improving connections for the Flagler County School District and other entities.

Building a modern fiber-optic network is no theme-park ride, but hundreds of local governments have already demonstrated it is well within their capacity. And given that they have to live with the consequences of action or inaction, shouldn't it be their decision?

Christopher Mitchell is the director of Community Broadband Networks at the Institute for Local Self-Reliance in Minneapolis.

Community Broadband Media Roundup - March 20

FCC Outlines Plan To Crush Awful State Protectionist Broadband Laws: from the it's-about-time dept by Karl Bode, Tech Dirt

While net neutrality rules are designed to protect consumers from a lack of last-mile competition, the agency's moves on municipal broadband are intended to actually strike at the issue of limited competition at the root. As we've noted a few times, ISPs (with ALEC's help) have passed laws in twenty states preventing those towns and cities from deciding their own infrastructure needs for themselves. 

It's pure, unabashed protectionism: the bills do little more than protect regional duopolies from change while hamstringing local communities desperate for better service. Usually the laws are passed under the auspices of protecting taxpayers from themselves, ignoring that the bills' sole purpose is to protect duopoly revenues. 

TV and Internet Service Providers Deliver the Worst Customer Experience: Fifth Annual Temkin Experience Ratings Evaluates 293 Companies Across 20 Industries

The poster child for poor customer experience in these industries - Comcast - was not only the lowest-scoring TV service and Internet service provider, but it was also one of the lowest-scoring companies in the entire Ratings. It ranked 289th overall out of 293 companies for its Internet service and ranked 291st overall for its TV service.

Of the 17 companies that received "very poor" ratings (below 50%) across the 193 companies, five of them were from these two industries: Comcast for TV (43%), Comcast for Internet (45%), Time Warner Cable for Internet (47%), Charter Communications for TV (48%), and Time Warner Cable for TV (48%).

"Internet and TV service providers are awful to consumers. The lack of competition continues to fuel this bad experience epidemic," states Bruce Temkin, managing partner of Temkin Group.

 

California

Broadband coming to Orleans by Jessie Faulkner, Times Standard

The Karuk and Yurok Tribes have been collaborating to bring the speeded-up service to the Klamath River communities of Orleans, Weitchpec, Wautec, Johnsons as well as Orick. A $6.6 million California Public Utilities Commission grant, awarded in October 2013, is financing the project. The tribes provide matching funds.

Colorado

Fort Collins eyes starting broadband Internet service by Nick Coltrain, The Coloradoan

If the city of Fort Collins made a sound while examining the possibility at offering its own Internet service, it'd be the chirps and whirrs of a 56K modem — Almost connected but with no guarantee of success. 

Minnesota

Businesses would be able to tie into countywide broadband by John Gessner, Sun This Week

Scott County has a high-speed, fiber optic network available for businesses and Internet service providers to tap into.

Neighboring Dakota County doesn’t. One result? Up to 10 companies that were wooed by Dakota County communities instead chose Scott County for its access to limitless bandwidth, according to Craig Ebeling.

Fiber Optic Project Moves Forward: KDUZ

Ten city councils and a standing room only crowd packed the United Farmers Cooperative Berdan Center on Monday for a public hearing and adoption of a tax abatement resolution to fund a loan to the Renville-Sibley County Fiber Joint Powers Agency for the RS Fiber Cooperative.

Maine

Broadband companies showing interest in Sanford by Ellen W. Todd, Sanford News

The City of Sanford, in collaboration with the SREGC, intends to finance and own a fiber-optic network connecting 80 community institutions and private enterprises — businesses, the hospital, municipal facilities, the mill complex, industrial parks, schools — in Sanford-Springvale.

Last year, the SREGC commissioned a study on the feasibility of bringing broadband (fiber-optic) communications access to the city. The company that did the study — Tilson Technology Management company of Portland — concluded that broadband access has the potential to add “between $47 and $192 million to the Sanford-Springvale region’s economic output over the next ten years.” 

Montana

Lawmakers consider issuing bonds for broadband expansion by Alison Noon, The News Tribune

New Hampshire

Editorial: Fast internet could be a boon for Concord

Creating a truly high-speed, affordable municipal internet network could be a pipe dream – or it could be a pipeline to a more vibrant Concord with a booming economy and a growing population of young entrepreneurs and knowledge workers.

New York

County touts pros of Municipal Broadband System WKBW-7

Erie County's Broadband Committee released a new report Wednesday touting the pros of building a Municipal Broadband System.

Erie County Legislator calls for faster internet by Mark Belcher, News 4 Digital Producer

“A municipal broadband network could be our generation’s great infrastructure project, like the Erie Canal or the Hoover Dam,” Burke said.

Cayuga County's high-speed Internet needs, state broadband initiatives discussed at Wednesday Morning Roundtable by Robert Harding, Auburn Citizen

According to Batman, what started out as a few towns became a larger collaboration to find a high-speed Internet service provider for the area. He said the group contacted these companies with a few ideas, including a public-private partnership. 

Unfortunately, there wasn't a lot of interest in such a venture.

"It simply is not a viable alternative," Batman said. "It simply is too expensive to serve me and my neighbors without financial incentives and support."

North Carolina

Community broadband debate centered in a North Carolina town by Renne Schoof, McClatchy Washington Bureau

“You don’t realize how fortunate you are to live in an urban setting in my district until you go into a remote area and have no access to broadband or to cellular telephone,” he said.

Tennessee

Rural Tennessee counties need broadband and internet service too by Dave Shepard, Columbia Daily Herald

The battle is typical of the Big Guys (telecommunications companies) verses the Little Guys (Municipal Electric Providers). My rural district which is comprised of 3 rural counties, Dickson, Hickman, and Maury, need expanded broadband service to make us competitive for industrial and business recruitment. We need expansion of broadband service into unserved areas to help our students do homework assignments and our residents to connect to a high speed internet service for business and pleasure. This service is already available to our state’s residents in densely populated areas all over the state of Tennessee.

My rural counties and constituents need broadband and internet service too, and I plan to vote to help them get it.

BTES adopts resolution to support legislation of municipal broadband by Tammy Childress, Bristol Herald Courier

The Bristol Tennessee Essential Services board adopted a resolution Wednesday to support legislation for municipal broadband.

City County approved a similar resolution earlier this month.

Missouri Anti-Muni Bill Advances Out of Committee

The Missouri Senate Jobs, Economic Development and Local Government Committee voted to pass anti-local choice SB 266 on March 18th. This bill, sponsored by Senator Kurt Schaefer, will increase barriers for municipal networks and damage the possibility of highly-effective partnerships with the private sector. Call your Missouri State Senator and let them know you consider this bill anti-competitive, hostile to local interests, and that you will remember their vote at the next election.

The bill was discussed in the same committee earlier this month when a number of private tech firms, industry associations, and utilities groups wrote to members to express their concern with the bill. A dozen entities, including Google, NATOA, and APPA wrote that the provisions in the bill would prevent public private partnerships that improve connectivity at the local level. [See a PDF of the letter here.]

At the time, the committee chose not to vote. Rather than listen to experts, however, they postponed the decision and voted to pass the bill on Wednesday. The only amendment was a provision excluding Kansas City, Springfield, and St. Louis.

The exceptions will help Google and SpringNet but other communities will be shackled. The legislation states that its goal is to encourage innovation but the result is just the opposite by discouraging investment through intimidation.

Columbia is watching the course of this legislation with particular interest. As we reported last fall, the city is considering expanding use of its current fiber resources to spur economic development. This bill could derail their plans and keep Columbia's population limping along with CenturyLink's dismal DSL.  Mid-Missouri Public Radio reported on the bill in February:

“Smaller communities are concerned because they don’t have access to high-speed Internet,” [spokesperson for the Columbia Water and Light Department, Connie] Kacprowicz said. “Many of these communities in Missouri can’t even download a Netflix movie.”

Kacprowicz said the city of Columbia has extra fibers to sell to Internet service providers. According to Kacprowicz, the city was going to sell these fibers to the service providers. This would allow the providers to increase Internet access for small communities.

In light of the recent FCC ruling overturning certain restrictions in Tennessee and North Carolina, analysts are questioning its staying power. Nevertheless, Schaefer appears determined to push it through. From the Columbia Tribune:

Schaefer predicted that the commission’s decision would be challenged in court. “Today is the first day that they have attempted to do that, so I bet we are looking at five years of litigation around the country before that issue ever gets resolved.”

The National Institute on Money in State Politics reports that in 2012 Schaefer received $8,250 from CenturyLink, $6,250 from AT&T, and $3,000 from Comcast. All would benefit from the lack of competition created by the bill without any need to be "entrepeneurial." CenturyLink also contributed to Schaefer's campaign to run for Attorney General, reports the Tribune. He may one day have the opportunity to argue the bill he authored before a federal court.

According to Sen. Schaefer's legislative assistant, the bill will now go to the Senate chamber for a vote. If it passes, it will then go to the House. If the bill becomes law, it will take effect in late August.

If you live in Missouri, it is imperative that you call your Senator and tell them to vote NO when SB 266 comes before them. 

Center for Public Integrity and Reveal Radio Get Into the Trenches of Local Choice

The Center for Public Integrity has followed the local choice debate closely. Their team has travelled to Tennessee and North Carolina to talk to lawmakers, visited communities seeking high-speed networks, and dug deep into the source of influential campaign funds. Allan Holmes and his team have assembled a collection of articles and audio that offers the right amount of history, backstory, and anecdotes to properly understand these issues.

Holmes published an article last August that took a deep look at telecommunications laws at the state level. Along the way, he spoke with State Senator Janice Bowling from Tullahoma. MuniNetworks.org readers know that the community is known for LightTUBe, the fiber network offering an oasis of high quality connectivity in an otherwise broadband desert. At the time, the Wilson and Chattanooga petitions were still fresh but Tennessee communities had long dealt with the problem of poor connectivity from incumbents. From the August article:

“We don’t quarrel with the fact that AT&T has shareholders that it has to answer to,” Bowling said with a drawl while sitting in the spacious wood-paneled den of her log-cabin-style home. “That’s fine, and I believe in capitalism and the free market. But when they won’t come in, then Tennesseans have an obligation to do it themselves.”

Holmes wrote about economic development in Tullahoma, a factor that seems directly tied to the presence of its municipal network:

Employment in Tullahoma lagged statewide job growth before theLightTUBe was turned on. Since the recession ended in 2009, two years after the city began offering broadband, the city has outpaced job growth in Tennessee. The city added 3,598 jobs from April 2009 to April 2014, a 1.63 percent annual growth rate, about double the statewide rate, according to the Bureau of Labor Statistics.

For perspective, Holmes visited Fayetteville, North Carolina, where community leaders have tried and failed to initiate community network deployment. Even though the community has a generous store of fiber assets, state laws prevent municipalities from offering connectivity. Local officials see the nonsense behind the law, pushed through by telecom lobbyists.

For Steven Blanchard, chief executive of Fayetteville’s Public Works Commission, prohibiting Fayetteville residents from using the fiber network that’s already there doesn’t make sense.

“Why shouldn’t we be allowed to sell fiber if it runs by everyone’s house?” Blanchard said. “They are already paying for the fiber to be there, so why not allow them use it for telephone and Internet and capture back a lot of the cost they put in to have it there?”

The article also provides an excellent resource for those curious to know how much North Carolina and Tennessee state lawmakers received from the telecommunications industry. Public Integrity's graphs paint an alarming picture of corporate influence on state policy. Unfortunately, it is easy to look at the graphs, purse one's lips, and think, "so THAT'S the reason why."

In a more recent piece Public Integrity's Jared Bennett interviews Holmes about his experiences reporting on the right for local authority. "Behind the municipal broadband battle" is a collection of brief interviews with people in the trenches. Holmes offers context for each interview.

In the Bennet piece, Holmes shares conversations he had with a number of business owners, residents, and community leaders in Tullahoma and elsewhere:

JB: In the past the president has framed this as a jobs creation issue. And that’s what it sounds like when you talk about companies like Agisent and Matt Johnson’s company, but is that what you found through your reporting?

AH: Yeah, you even talk to big investors, venture capitalists, about the importance of having broadband in a city and you find out that, yeah, Obama is right. We talked to Cameron Newton in Tullahoma. He was an investment banker in New York and for a very large bank in Charlotte, and now he’s a venture capitalist and we sat down in his office in Tullahoma to ask him about the importance of broadband to a city.

“Manufacturing in the U.S. is very, very different than it used to be, and it’s changing rapidly. And now you’re having much more automation. The next move in manufacturing is to additive manufacturing, which is 3D printing. None of that equipment is going to be isolated so in other words it’s all going to be connected. So if you don’t have broadband accessibility, if you don’t have fiber in your community, where are these manufacturing plants going to go? Well, they are going to go to areas that do have it.”

The Center for Public Integrity also produced this Reveal Radio story, "Duking It Out With Telecom Giants." Host Al Letson presents Holmes's journey into money in state politics, threats from incumbents, and the power of the telecom industry.

Community Broadband Media Roundup - March 14

Whether You’re Red or Blue, You Should Love the FCC’s Internet Plan: This Tea Party guy gets it. Why don’t DC Republicans? by Susan Crawford, BackChannel

He said (paraphrasing), “I want my freedom and I can’t stand the idea of government messing with our lives, and that’s why I like the Tea Party. But I also can’t stand that there’s a company that can tell me what kind of Internet access I can get — I can’t run my business from my home because I can’t buy the connection I need here.”


FCC Ruling

FCC order allows EPB to expand Gig service to outlying areas
Dave Flessner, Times Free Press

"We're glad that a growing number of state lawmakers are supporting proposed legislation that would remove the territorial restrictions that currently prevent municipal utilities from extending fiber services to neighboring areas," he said. "This Tennessee-driven approach is the best near-term option for serving more of the people across our state who are currently underserved or poorly served with broadband connectivity."

Here's The FCC's Ruling On Municipal Broadband
by Karl Bode

The FCC's taking aim at North Carolina and Tennessee protectionist laws first, with the hopes that other states and cities will petition the FCC for help down the line. While the FCC's net neutrality rules tries to protect consumers in the absence of competition, the municipal broadband ruling is an effort to actually create a little additional competition.

Local governments should make broadband choices
By Christopher Mitchell, Guest columnist

When Comcast announced plans last year to invest hundreds of millions in theme parks in Florida and California, its customers may have wondered why the cable giant wasn't using those funds to deliver a faster or more reliable Internet connection. While Comcast's Universal Studios faces competition from Walt Disney World, most people don't have a real choice in high-speed Internet access.

FCC decision gives counties hope of blazing Internet speeds 
by Charles Taylor, County News

Electric Co-ops as a Vehicle for Bringing Fiber to Rural Areas
by Mitchell Shapiro, Quello 

I recently listened to an interview with Randy Klindt, General Manager of Co-Mo Connect, a rural electric co-op building a gigabit fiber network in Central Missouri. It reminded me that the nation’s rural electric co-operatives can be effective vehicles for deploying advanced communication infrastructure in relatively high-cost and underserved rural areas.

...

As Klindt points out, member owned co-ops like Co-Mo have a different perspective than private companies when it comes to investment horizons. While the latter tend to prefer payback in a 3-5 year timeframe, co-ops view both electricity and communication networks as long-term infrastructure investments with payback timeframes in the 10-20 year range.

Recent FCC Proceedings Highlight Importance of Equity, Local Control
By Nicole DuPuis, Public CEO

These decisions speak to the basic tenets of democracy and equity. The internet, which is one of our country’s most sound economic engines, has also developed into a carrier of social good. It protects our right to free speech, broadens our access to information, and enables us to communicate across physical boundaries. Policies that view and protect these services as institutionalized goods to which the public should have unrestricted access reflect democratic ideals and a spirit of equality among all citizens.

FCC Chooses 12 New Rural Broadband Experiment Winners
by Joan Engebretson, Telecompetitor

 

Alabama

FCC ruling may allow Opelika to expand fiber network
by Pierce Ostwalt, The Plainsman

“I’ve been mayor for 10 years [since] last October,” Fuller said. “In my first three or four years, the most complaints I got about anything was Charter. Sorry customer service, outages all the time, pricing was going up and there was no competition.”

Fuller’s comments fall in line with many of the points made by FCC chairman Tom Wheeler before the FCC’s Feb. 26 ruling.

 "Broadband access providers have the technical ability and the economic incentive to impose restrictions on Internet,” Wheeler said. 

Idaho

Local Schools Make PLans for Own Broadband
by Chelsea Brentzel

"I think it's just something we do in the spirit of collaboration, and I think that's always important because when we talk about the school district and the city it's all the same people, and so anytime we can keep costs down it benefits everyone involved," Kirkham said.

She said the IEN crisis puts a focus on local government.

"This is always an argument for local control so whenever you have local control, then you aren't at the mercy of the decisions being made higher up the ladder and so this is one of those instances where you see that being played out," Kirkham said.

Rural schools find faster Internet at cheaper prices
by Michael H. O’Donnell, Idaho State Journal

If there is a silver lining to the mess involving the state of Idaho’s broken contract to establish the Idaho Education Network, it’s the realization that local Internet providers might be able to provide better service to small school districts for less money. 

Kentucky 

Mayor seeks companies to boost Internet speeds
City issues Request for Information as next step of Gigabit City project

New Mexico  

Rancho Santa Fe Association moves forward with plans for ‘fast, reliable’ fiber-optic network
by Karen Billing, Rancho Santa Fe Review

Norther Carolina

From Hollywood to Wilson, NC - a broadband move
By Allan Maurer, Special to WRAL TechWire

After 16 years in Los Angeles, the founders of ExodusFX moved their video special effects business to the East Coast three years ago, finally choosing the Eastern NC City of Wilson because of its gigabit municipal broadband network… 

... In LA, it would cost from $1,5,00 to $3,000 a month or more to get the necessary high speed broadband connections if you could find them at all, he says. By moving to Wilson, the company helps keep much work from going to India or China by reducing its production costs, including cost of living as well as the much less expensive bandwidth it needs. In Wilson, they pay $150 a month for their dedicated fiber hookup. 

Ohio

Progress continues on Fairlawn’s municipal Wi-Fi project
By Sean Patrick West Side Leader

“We’re the first city in our area — really, the State of Ohio — to do something like this,” he said. “We’re creating not only Wi-Fi, but also fiber for broadband. It will be a utility for residents and for businesses, so I think it’s pretty exciting.” 

Rhode Island

Chippendale: Homes Without Internet Access Leave Students Unable to Excel in School
GoLocal News

“But, there is a catch - and it’s a big one,” explained the representative. “There are approximately 232 Foster homes that have no means of accessing Broadband Internet. The students in those households want to do their homework – but they can’t. They have the high tech equipment - which taxpayers have paid for, but the technology is rendered useless in the students’ own homes! This is why I introduced House bill 5488. We must bring access to Broadband Internet to those Foster residences ASAP so these students can do their schoolwork and complete their homework.”

Tennessee

City backs TUB in broadband expansion efforts
by Andrea Agardy, Tullahoma News

The board of mayor and aldermen has officially voiced its support of the Tullahoma Utilities Board’s (TUB) bid to offer its LightTUBe Internet service outside the current limits of its coverage area.

Brian Skelton, TUB’s general manager, was among those praising the FCC’s decision.

“I am happy with the FCC decision,” Skelton said. “Municipal broadband expansion is certainly one of the answers to help get high speed broadband to more unserved and underserved Tennesseans. While I respect the concern of the state having their laws overridden by the federal government, this decision should ultimately be made at the local level, and many states, including Tennessee, have passed laws prohibiting a local decision.”

Federal authorities are not alone in taking another look at the issue. A bill to lift the restrictions on municipal Internet providers, sponsored by Sen. Janice Bowling [R-Tullahoma] and State Rep. Kevin Brooks [R-Cleveland], is currently pending in the state legislature.

Virginia

Broadband: Connecting rural Nelson County poses trials

“What is important about the NCBA’s ‘open access’ network is that businesses and residences that decide to obtain Internet are not locked into having service from only one ISP,” Carter said.“… It is the authority’s objective for additional ISPs to contract to use the NCBA network so that there will be more choice through competition for services, and that increased competition will also result in improved and expanded services.” 

And finally,

How small cable companies say they get screwed by their larger rivals: Small cable operators have to pay the big ones for access to TV programming
by Jon Brodkin, Ars Technica  

Small Cable Ops Beg FCC For Help in Battling Cable Giants
by Karl Bode, DSL Reports

Tech Blog GigaOm Abruptly Shuts Down
by Ravi Somaiya, New York Times

When Gigabit Communities Go Rogue
Jason Meyers, THE GIGABOT

A gigabit network deployment in Pelican Bay, Fla., provides a good example of what can happen when fed up (or, perhaps, underfed) broadband consumers take matters into their own hands -- and should serve as a wakeup call for broadband service providers that may not be paying enough attention to the needs of their niche customers. 

Why America's Internet Is So Sh*tty And Slow
Adam Clark Estes, Gawker Media

You may have heard that the internet is winning: net neutrality was saved, broadband was redefined to encourage higher speeds, and the dreaded Comcast-Time Warner Cable megamerger potentially thwarted. But the harsh reality is that America's internet is still fundamentally broken, and there's no easy fix.

Reaction to the FCC Decisions, Dissent, and Next Steps - Community Broadband Bits Episode 141

After the FCC decisions to remove barriers to community networks and to reclassify Internet access as a Title II service to enforce network neutrality rules, Lisa and I spend some time discussing the decision and reactions to it.

We also discuss my presentation at Freedom to Connect, where I offer some thoughts on what communities can do in the long term to ensure we end scarcity and the corporate monopoly model of Internet access.

Though we will continue to fight against barriers to local choice and work to ensure every community has the authority to choose the model that best fits it, we plan to spend more time examining how Internet access can be built as infrastructure rather than as for a specific service from a single provider.

Read the transcript from this show here.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below.

This show is 16 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 Persson for the music, licensed using Creative Commons. The song is "Blues walk."

Tennessee Farm Bureau Association Backs State Legislation to End Barriers

The Tennessee Farm Bureau Association recently put its support behind state legislation from Senator Janice Bowling and Rep. Kevin Brooks reports the Times Free Press

The Bureau told the Times Free Press:

"Our members are hungry to have broadband," said Rhedonna Rose, executive vice president of the 600,000-member Tennessee Farm Bureau Federation. "We represent a lot of Tennesseans in very rural areas of the state who are frustrated that they don't have high-speed Internet."

SB 1134 and its companion HB 1303 are brief and direct, allowing municipal power distributors the right to extend Internet access beyond current geographic boundaries established by state barriers. Bradley County, one of EPB's neighbors, would like to have EPB expand service to them but state laws, backed by large corporate incumbents not interested in serving Bradley, forbid expansion.

According to a Chattanoogan article, EPB and Bradley County are planning for the expansion which will serve about 1,000 people; about 800 of those people rely on dial-up for Internet access. From the Chattanoogan article:

“We have people who live within half a mile of our service territory … who have nothing but dial-up, and that doesn’t make any sense” [EPB CEO Harold] DePriest said. “In a lot of cases we can get to those areas fairly easily.”

The recent FCC decision changed the landscape in Tennessee and North Carolina for now but policy advocates, telecommunications attorneys, and community leaders are braced for legal challenges. In a Times Free Press article from last week, Tennessee Republican Governor Bill Haslam stated that his office would consider appealing the FCC decision. 

Bowling and Brooks are more interested in solving the broadband problem for their constituents than in asserting rights as state legislators. They know untangling the impending court cases could slow the current momentum to bring better connectivity to Tennessee. Rather than wait for a decision, Bowling and Brooks are taking action as policy makers.

Bowling, who serves Tullahoma and its gigabit community, is a long-time supporter of local choice. She told the Times Free Press:

"Tennessee can take care of business for Tennessee," Bowling said. "We don't need the federal regulation so much; we just need the freedom to expand high-speed broadband in small-town Tennessee."

Last fall we introduced readers to some of the people from the small towns in Bradley County who desperately need help from EPB. Joyce Coltrin, a local business owner, told us that her business must rely on expensive mobile broadband even though she is less than 1/2 mile from EPB's service area. Joyce is leading a group of persistent residents who support SB 1134 and HB 1303. Joyce spoke with the Times Free Press:

Joyce Coltrin, a member of the group “Citizens Striving to be Part of the 21st Century, said, “I am hearing many legislators today talking about states’ rights and saying that the Federal Communications Commission has no right to go around state laws concerning the internet. I suggest that the logical extension of that thought would be that a state has no right to go around its commitment to the betterment of its citizens by denying access to the internet.”