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Tennessee Bill to Strike Anti-Muni Laws Tabled Until Next Session

Senator Janice Bowling and Representative Kevin Brooks have decided to table their legislative efforts to remove state restrictions in Tennessee. While backing for SB 1134 and HB 1303 was growing beyond the walls of the state Capitol, the sponsors decided to shore up stronger legislative support rather than risk derailing the bill entirely. 

Brooks told the Tennessean:

"We have had a lot of good progress, and we don't want to throw it all away," Brooks said. The votes were not there in the Senate, and he and co-sponsor state Sen. Janice Bowling, R-Tullahoma, have asked to roll the bill to the beginning of the 2016 calendar, giving them more time to garner support from their colleagues.

"We have pressed the pause button to keep it alive," Brooks said.

Communities around the state, including Bristol, went on record in support of the bill. The Tennessee Farm Bureau, representing 600,000 members, also backed the legislation

Energized by the recent FCC decision nullifying state laws restricting Chattanooga from expanding, Bowling, Brooks, and other local leaders thought the time was right to once again try to eliminate state barriers. The FCC decision has already been formerly challenged by Tennessee's Attorney General with the support of the Governor. Rather than depend on federal intervention to establish an environment that will encourage connectivity, SB 1134 and/or its companion HB 1303 would have solved the problem on the home front.

Economic development has been stifled by state barriers preventing municipal network expansions in the state but many constituents are plagued by lack of personal access. Incumbents who have spent millions lobbying to keep these restrictions in place during past legislative sessions, do not serve a number of rural areas. Those areas could benefit from municipal network expansions. From a March 6th Tennessean article:

"My district said we need help. We have some folks with little service, some folks with no service," Brooks said. "This is not about government intrusion; this is a bill about service exclusion."

Even though the legislation will not change state law this session, the FCC decision still stands for now. It may take years for the issue to be finally determined but hopefully the momentum will continue and more Tennessee voters will let their elected officials know they want to strike anti-muni laws from state books.

From an EPB Press Release:

“Thanks to a growing number of Tennesseans, who are contacting their representatives to communicate their critical need for broadband services, we made more progress this legislative session than ever before,” Senator Bowling said. “Next year, I hope the needs of the hundreds of thousands of Tennesseans with little or no broadband service will override the vested interests of the legacy carriers who refuse to serve them while lobbying to prevent community-based providers from meeting the needs of the people in our state.” 

WDEF News 12 covered the story:

We simply find it stunning that a majority of legislators in Nashville believe that their state is better off with slower Internet access. That is exactly what this is about - AT&T and Comcast have purchased another year of not having to worry about competition from the Tennessee General Assembly.

Grand Junction Voters: "We Want Local Authority!"

Grand Junction is the latest Colorado community to vote to restore local telecommunications authority.

Much like the eight communities that decided last fall to reclaim that right, and Estes Park in February, Grand Junction voters spoke loudly through the ballot. Seventy-five percent of those casting ballots chose to restore authority.

Grand Junction community leaders have expressed a desire to work with providers to improve poor connectivity but have feared repercussions from state laws put in place a decade ago. They now plan to explore partnerships as well as municipal initiatives reports KKCO 11 News

“It’s an indication that people really want to see us have better fiber in this city so we'll step back as a city council and see what are next steps to go forward,” says Mayor Phyllis Norris.

The approval of Measure 2A reverses the effects of Senate Bill 152 that have been in effect for more than 10 years.

City and county leaders now have the power to negotiate with internet companies and explore options of how to share their broadband with citizens.

Rather than wait for the domino effect to make its way across the state, requiring millions to be spent on local elections, Colorado should simply repeal SB 152 and restore local authority to every community. Right now, the only beneficiaries of this barrier to local choice are the incumbent providers, who at the very least are able to delay needed investments in Internet infrastructure.

Seth's Tale of Comcast Woe Perfectly Illustrates Many Internet Policy Problems

Ideally, working from home allows one to choose the environment where he or she can be most productive. In the case of Seth that was Kitsap County in Washington State. Unfortunately, incompetence on the part of Comcast, CenturyLink, and official broadband maps led Seth down a road of frustration that will ultimately require him to sell his house in order to work from home.

The Consumerist recently reported on Seth's story, the details of which ring true to many readers who have ever dealt with the cable behemoth. This incident is another example of how the cable giant has managed to retain its spotless record as one of the most hated companies in America

Seth, a software developer, provides a detailed timeline of his experience on his blog. In his intro:

Late last year we bought a house in Kitsap County, Washington — the first house I’ve ever owned, actually. I work remotely full time as a software developer, so my core concern was having good, solid, fast broadband available. In Kitsap County, that’s pretty much limited to Comcast, so finding a place with Comcast already installed was number one on our priority list.

We found just such a place. It met all of our criteria, and more. It had a lovely secluded view of trees, a nice kitchen, and a great home office with a separate entrance. After we called (twice!) to verify that Comcast was available, we made an offer.

The Consumerist correctly describes the next three months as "Kafkaesque." Comcast Technicians appear with no notice, do not appear for scheduled appointments, and file mysteriously misplaced "tickets" and "requests." When technicians did appear as scheduled, they are always surprised by what they saw: no connection to the house, no Comcast box on the dwelling, a home too far away from Comcast infrastructure to be hooked up. Every technician sent to work on the problem appeared with no notes or no prior knowledge of the situation.

It was the typical endless hamster wheel with cruel emotional torture thrown in for sport. At times customer service representatives Seth managed to reach over the phone would build up his hopes, telling him that his requests were in order, progress was being made behind the scenes, that it was only a matter of time before his Internet access was up and running. Then after a period of silence, Seth would call, and he would be told that whatever request he was waiting for was nonexistent, "timed out," or in one instance had actually been completed.

Seth usually had to be the one to make the call to Comcast for follow up. There was one notable exception, however on February 26th:

Oh, this is fun. I got a call from a generic Comcast call center this morning asking me why I cancelled my latest installation appointment. Insult to injury, they started to up-sell me on all the great things I’d be missing out on if I didn’t reschedule! I just hung up.

In mid-March, Comcast discussed the possibility of building out its network to Seth's house but he would have to pay for at least a portion of the costs; he was interested. Pre-survey estimates were up to $60,000. A week later, Comcast contacted Seth and told him that they would not do the extension even if Seth paid for the entire thing. 

Comcast was not the only provider Seth contacted. When he first learned that Comcast did not connect his home, he contacted CenturyLink. He was told by a customer service tech he would be hooked up right away but the company called him the next day to tell him that CenturyLink would not be serving his needs. They were not adding new customers in his area. 

Nevertheless, he was charged more than $100 for service he never could have received. Seth had to jump through hoops to get his "account" zeroed out. CenturyLink's website showed that they DID serve Seth's address, reports the Consumerist and, even though they have claimed to have updated the problem, the error remained as of March 23rd.

Official maps created by the state based on data supplied by providers, are grossly incorrect. As a result, Seth's zip code is supposedly served by a number of providers. While that may be true on paper, it doesn't do Seth much good. A number of those providers, including Comcast and CenturyLink (as Seth is painfully aware) do not serve his home. Satellite does not cannot the VPN connection he needs due to latency inherent in satellite Internet connections. He is using cellular wireless as a last resort now, but only as a short term solution because it is limited and expensive.

Ironically, Seth's new home is not far from the Kitsap Public Utility District fiber network. Because state barriers require the Kitsap PUD to operate the network as a wholesale only model, however, Seth cannot hook up for high-speed Internet. He would only be able to connect if a provider chose to use the infrastructure to offer services to him.

Here we have the perfect storm of harmful state barriers, corporate gigantism, and  "incumbetence." From his blog:

I’m devastated. This means we have to sell the house. The house that I bought in December, and have lived in for only two months.

I don’t know where we go from here. I don’t know if there’s any kind of recourse. I do know that throughout this process, Comcast has lied. I don’t throw that word around lightly or flippantly, I mean it sincerely. They’ve fed me false information from the start, and it’s hurt me very badly.

This whole thing would have been avoided if only Comcast had said, right at the start, that they didn’t serve this address. Just that one thing would have made me strike this house off the list.

I don’t know exactly how much money I’m going to lose when I sell, but it’s going to be substantial. Three months of equity in a house isn’t a lot of money compared to sellers fees, excise taxes, and other moving expenses.

So, good bye dream house. You were the first house I ever owned, I’ll miss you.

But putting all the blame on Comcast ignores the failed public policy that allows Comcast to act like this. Providers like Comcast lobbied legislators and DC to ensure no map could be created that would be useful. The carriers have refused to turn over data at a granular level that would prevent these mistakes from happening. And whether it is the states, the NTIA, or the FCC, they have wasted hundreds of millions of dollars on maps that do little more than allow carriers to falsely claim there is no broadband problem in this country.

And we have utterly failed to hold our elected leaders to account for this corrupt system. Something needs to change - but it won't until people stand up and demand an end to these stories.

Opportunities and Challenges as Lafayette Considers Muni Fiber Expansion - Community Broadband Bits Episode 144

After we heard that Lafayette's LUS Fiber was considering expanding to some nearby communities, we knew we had to set up an interview with Terry Huval, Director of the Lafayette Utilities System in Louisiana.

In our interview this week, Terry and I discuss Lafayette's success, the legacy of the law creating special barriers that only apply to cities building fiber networks, and the challenges of expanding LUS Fiber beyond the boundaries of the city.

We also discuss some plans they are developing to celebrate the 10th anniversary of the referendum on July 16, 2005, in which a strong majority of voters authorized the building of what was then the largest municipal FTTH network in the nation.

Despite its success, Lafayette has been targeted by cable and telephone shills that are willing to say just about anything to defend the big corporate monopolies. We addressed these attacks in this Correcting Community Fiber Fallacies report.

Read the transcript from this interview here.

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

This show is 28 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."

Community Broadband Media Roundup - March 27

This article is so good, it was hard not to quote the whole thing. Do yourself a favor and check out the article for yourself-- this is exactly why we can’t trust big cable and telephone companies to serve our communities. 

New Homeowner Has To Sell House Because Of Comcast’s Incompetence, Lack Of Competition by Chris Morran at the Consumerist:

Only months after moving into his new home in Washington state, Consumerist reader Seth is already looking to sell his house. He didn’t lose his job or discover that the property is haunted. No, Seth can’t stay much longer because no one can provide broadband service to his address; even though Comcast and CenturyLink both misled him into thinking he’d be connected to their networks and in spite of the fact that his county runs a high-speed fiberoptic network that goes very near to his property.

New homeowner selling house because he can’t get Comcast Internet: 

"I accidentally bought a house without cable," writes man who works at home.
by Jon Brodkin, Ars Technica

While Comcast, the country's biggest cable company, tells the federal government it faces so much competition that it should be allowed to merge with the second biggest cable operator, a government database designed to tell consumers what options they have for Internet service is offering inaccurate information.

The National Broadband Map lets you enter any address in the US to find out what Internet access options are available. The database shows 10 options at Seth's house, including mobile and satellite, but they're all either inadequate for home Internet service or unavailable. 

Google Fiber will leave the duopoly intact and only change the players
by Jesse Harris, Free UTOPIA

TN AG Appeals FCC Decision on Chattanooga, Wilson
(no surprises here)

Tenn. AG Wants Court to Set Aside Municipal Broadband Ruling
by Erik Schelzig, Associated Press

Tennessee fights for its right to squash municipal broadband expansion: FCC faces first lawsuit over vote to preempt state laws that limit competition.
by Jon Brodkin, Ars Technica

Tenn. Attorney General VS. FCC
by NewsChannel 9- WTVC

Tennessee trying to overturn FCC ruling which allows EPB to expand high-speed Internet
by Andy Sher, Times Free Press

Tennessee sues FCC to stop expansion of municipal broadband
by Chris Welch, The Verge

TN v FCC - Petition for Review from TN Attorney General Herbert Slatery
Full Document: Scribd

Net Neutrality 

Internet providers sue FCC in first net neutrality cases
By Andrew Zajac and Todd Shields, Bloomberg News

The filings of both US-Telecom and Alamo acknowledge that their complaints were filed quickly, and possibly too early, because of uncertainty about procedural deadlines.

"We believe that the petitions for review filed today are premature and subject to dismissal," said Mark Wigfield, an FCC spokesman.

The FCC said its rules would take effect after being published in the Federal Register, which hasn't happened yet. 

Republicans Blast FCC's 'Politically Motivated' Net Neutrality Rules
by Wendy Davis, Media Post

AT&T Uses Title II regulation to get out of millions in fees
by Jeff Gamet, Mac Observer

 

Alabama

Gigabit internet service officially launched on areas of Sand Mountain
by Laura Christmas, WHNT News

Farmers Telecommunications Cooperative introduced an internet connection that company leaders say has the fastest speeds in the state — gigabit access — and they’re making it available on parts of Sand Mountain.

Officials say the ultra-fast internet service is the first in Alabama.

Note from ILSR: Opelika, Alabama, was the first to launch the service in the state, but we congratulate Farmers Telecomunications Cooperative for an impressive investment nonetheless.

If a Tiny Telco in NE Alabama Can Go All Fiber, Why Can’t Every Telco?
by Online Reporter

Like others that have deployed all fiber, Johnson said the gigabit service “can transform our communities through advanced learning tools, new entertainment options and telemedicine.” Like many others, he also said its all-fiber network “future proofs our investment for whatever emerging applications our increasingly device-enabled subscribers demand.”

Rainsville company launches new high speed internet service
by Tim Reid, WAAY-TV

New Hampshire

Northampton should explore additional Internet choices
by John Kapitzky, GazetteNet

New York

Municipal broadband would boost Erie County's economy, advocates claim
By Brian Meyer, WBFO, BUffalo

Tennessee

AT&T opposes municipal broadband bill
by Jamie McGee, The Tennessean

Bowling said she understands that connecting Tennesseans in low-density areas is a challenge for privately owned companies. But their profit margin concerns should not prevent municipalities with high-speed fiber networks from connecting residents. The original legislation restricting municipalities' broadband reach was filed in 1999, giving the corporate sector 16 years to reach those rural communities asking for fiber connection from municipalities, she said.

"We've got to get this essential utility if we want to make rural Tennessee economically viable and sustainable," she said. "It's absurd to think that you can compete in the 21st century without high-speed broadband."

AT&T Completes Upgrades Amid Municipal Broadband Debate
by News Channel 9, WTVC

The expansion in Tennessee comes amid a legislative and legal fight over municipal broadband. AT&T opposes pending legislation seeking to allow city-owned Internet providers from offering their product outside their normal service area.

More Broadband News

FACT SHEET: Next Steps in Delivering Fast, Affordable Broadband
by White House Office of the Press Secretary

Data Overload! The Latest Developments in Telecom Policy Matter for Apartments
by Betsy Feigin Befus, Multi-Housing News

Apartment firms say residents and prospects will not sign a lease, or renew one, without access to robust broadband. Not only is reliable Internet access a must, residents want a choice in providers.

Corporate and community operations also hinge on dependable Internet service. From online marketing and leasing to revenue management software and on-site amenities, the apartment industry needs high-capacity connectivity

U.S. Now 27th Globally With Average Speed of 33.9 Mbps
by Karl Bode, DSLReports

While cable operators have been relatively busy upgrading networks, their DSL competitors have not. In fact, companies like AT&T and Verizon have been busy backing away from markets they don't deem worth upgrading, giving cable less serious competition than ever before. So while higher speeds are great, less serious competition means higher prices and worse customer service. And when it comes to companies like Time Warner Cable and Comcast, they already offer the worst customer service across any industry. Fast is great -- we all love fast connections -- but it's increasingly only a part of the conversation in an industry that often doesn't really want to seriously talk about price or availability.

Map: The state of broadband in the states
By Niraj Chokshi, Washington Post

“Many of the efforts to increase connection speeds are being taken at a local/municipal level and may not have an immediate state-wide impact upon completion, but are part of ongoing initiatives that are becoming more widespread across the country,” the company noted.

Throughout the fourth quarter a number of municipalities announced the rollout of gigabit-speed Internet, including those in Arizona, California, Kansas, Michigan, Mississippi, New Hampshire and Oregon.

USDA Announces Funding for Broadband Projects in Arkansas, Iowa and New Mexico

Unions Try To Pressure Verizon Into Expanding FiOS
by Karl Bode, DSL Reports

 

Obviously impacted by Verizon's decision to back away from its fixed-line networks, the Communications Workers of America have launched a new "Where's My FiOS? campaign aimed at putting public pressure on Verizon to expand FiOS further -- and therefore spend a little more money on installations and union employees.

"When it received its franchise from New York City in 2008, Verizon promised FiOS would be available to every NYC resident by 2014," a union flyer being circulated in the city complains. "Now the company says it’s completed its obligations. But customers in many parts of New York City still can’t get FiOS. Instead, Verizon has cut 8500 jobs in New York State and slashed its workforce in New York City by 37% over the last decade."

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.

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.

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. 

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.”