Two more communities have gone on the record as supporting local authority for telecommunications infrastructure investment. Communities in Vidalia and Sebewaing passed resolutions supporting the FCC's efforts to use its authority to discourage, prevent, and remove state barriers.

Vidalia, on the west side of the Mississippi in Louisiana, recently began offering free Wi-Fi in its new sports complex and along its riverfront. According to Mayor Hyram Copeland, the lack of free public access left local leaders feeling behind the times. From a Natchez Democrat article in February:

“I was embarrassed to say, ‘No,’ but now I can say we do,” Copeland said. “But the end result of all this is that we will have moved this community forward.”

Vidalia seeks funding for a fiber network. Apparently, they are ready with a design and have the technical expertise in-house, but lack of funds have held up the project.

Vidalia's Resolution is almost identical to those in Ammon, Moultrie, Westminster, and Chanute.

We reported on Sebewaing, located in Michigan's "thumb," last summer. The community runs its own electric utility and, due to lack of interest from incumbents, decided a FTTH network was a project they needed to pursue. According Melanie McCoy, from Sebewaing Light and Water, the project is proceeding as planned.

In February, we reported on another attempt by AT&T, Windstream, and Cincinnati Bell, to eliminate plain old telephone service (POTS) in Kentucky. According to Mimi Pickering from the Rural Broadband Policy Group, AT&T's SB 99 is quickly moving ahead and may even be up for a full House vote at any time.

Kentucky has fought to save its landlines for three years in a row. Many of us only think of landlines as a way to speak with loved ones, but for the isolated, elderly, and those that face daily health hazards, a landline is also a lifeline.

We recently learned that home security firm ADT submitted a letter opposing the passage of SB 99 because many business and residential customers rely ADT's technology designed for traditional landlines. Even thought the letter is dated March 4th, it only recently came to light. The letter states:

Many of our customers, like the one who alerted ADT to this bill, rely on POTS to carry alarm signals to and from monitoring companies like ADT.  Some also use POTS for their Personal Emergency Response Systems (PERS) and medical alert services.  ADT accepts that the transition from POTS is a natural progression towards new technology, and is actively working to develop best processes and an acceptable timeline where POTS is discontinued; however, the safety of everyday Kentuckians could be jeopardized if this is not done in a pragmatic, thoughtful way.

Kentuckians can weigh in on this bill by calling the toll free message line at 800-372-7181 and tell House leadership and their legislator to oppose SB 99.

Even though there are several publicly owned networks in Tennessee, existing state statutes create barriers discouraging investment. This year, there is a movement at the state Capitol that may change the environment.

The Jolt Digest and CivSource recently reported that four bills aimed at expanding municipal networks in Tennessee have strong support in Nashville. These Tennessee bills are a refreshing change from bills that are pushed by the cable and telephone companies to limit investment in next-generation networks.

However, these bills are often killed quickly in committee or subcommittee due to the tremendous lobbying power of the big cable and telephone companies.

According to the Jolt Digest, two bills are location specific. From the article:

S.B. 2005 and H.B. 1974 would expand the municipal electric system’s provision of broadband service in Clarksville, Tennessee’s fifth largest city, while S.B. 2140 and H.B. 2242 would allow Trousdale County  to contract with a rural electric cooperative to provide broadband services.  

As the rules stands, municipal electric utilities that offer broadband cannot expand beyond their electric service territory. Clarksville would like to reach out further to offer services to schools, hospitals, and industrial parks. CDE Lightband now provides a gig product that community anchors need. According to Christy Batts at CDE Lightband, the network recently upgraded residential customers without raising rates. The lowest Internet access speed available to new customers is now 50 Mbps for $44.95 per month.

Two more communities recently passed resolutions in support of local authority for broadband networks.

We have written about Ammon and its open access network in southeast Idaho. The municipal network connects anchor institutions and wireless towers in the community of approximately 14,000 people. Chris spoke with Bruce Patterson, Ammon's Technology Director, in Episode 86 of the Community Broadband Bits podcast.

Their Resolution 2014-0005, signed by Mayor Dana Kirkham, reads:

WHEREAS, the universal availability of affordable high speed Internet access for all citizens has been identified as a national priority; and

WHEREAS, community/municipal broadband networks provide an option for market competition, consumer choice, economic development, and universal, affordable Internet access; and

WHEREAS, historically, local governments have ensured access to essential services by banding together to provide those services that were not offered by the private sector at a reasonable and competitive cost. This involvement has included electrification, water supply, public libraries, and other important services; and

WHEREAS, the City Council of the City of Ammon recognize that their economic health and survival depend on connecting the community, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, state constitutions and state statutes exist that may limit or prohibit local government deployment of municipal Internet services, which has the potential of prohibiting or limiting the ability of local government to provide important information and services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

On March 18th, our own Chris Mitchell will host a webinar that you don't want to miss. Tech In the City: A Conversation About Community Broadband Access will be an engaging discussion about municipal networks in light of the recent Verizon v. FCC decision. The court delved into the FCC's authority, clearing up ambiguities from past decisions.

The event, presented by the Media Action Grassroots Network (MAG-Net)'s Community Media Cohort begins at 11 a.m. Pacific / 2 p.m. Eastern. From the event announcement:

Earlier this year, a court order ruled against the Open Internet also known as network neutrality. However, this same order reaffirmed the FCC's role ensuring that communities and cities can create their own broadband infrastructures.

In the last decade hundreds of communities across the U.S have started their own community broadband networks via local governments, cooperatives, or other nonprofit arrangements. But cable and telephone companies, like Comcast and Verizon have a history of redlining in low-income, rural, historically marginalized communities. Led by cohort leader and community broadband expert, Chris Mitchell of Institute for Local Self Reliance, we will have a dialogue about what we can do to protect the future of community broadband networks.

RSVP for the event and spread the word!

In light of the recent announcement, community leaders in Maryland and Kansas are rallying behind the FCC as it considers its authority under Section 706 of the 1996 Telecommunications Act. In a show of support, the Westminster Mayor and Common Council passed Resolution 14-01, a statement in support of restoring and preserving local authority to build networks. Twelve hundred miles away in Chanute, the City Commission took the same action with Resolution 2014-17.

Readers will remember Westminster as the central Maryland town that has carefully progressed forward in realizing better connectivity. The community recently approved a fiber pilot project as a way to test the water. Our contact in Westminster, Dr. Robert Wack, reported that interest in the network has blossomed even before the start of construction. The network has already attracted one new employer from New York.

Our 2012 case study, Chanute’s Gig: One Rural Kansas Community’s Tradition of Innovation Led to a Gigabit and Ubiquitous Wireless Coverage, tells the story of how the community incrementally built a world-class network. Without borrowing or bonding, Chanute's next-generation fiber network has enhanced education, economic development, and saved millions of taxpayer dollars.

This legislative session, Chanute has contended with threatening state legislation that could derail their expansion plans. The community is very close to a project that would offer fiber services to every premise in town.

A recent in-depth article from the Keene Sentinel updates us on the status of New Hampshire's HB 286, which would expand bonding authority for local governments. New Hampshire law currently restricts bonding authority for Internet infrastructure to towns with no access to the Internet, but nearly all communities have at least some slow broadband access in a few pockets of town. We have been tracking this bill, most recently four months ago just before it overwhelmingly passed the house. Unfortunately, the bill does not give many options to local governments. It settles to only allow bonding when the local government is not providing retail services, a business model that has only worked well when local governments have expanded very slowly. That said, New Hampshire already has a promising open access network called FastRoads that would allow nearby towns to connect and access the four service providers already using it. Connecting to an already-operating open access network is a much better prospect than having to start one from scratch, particularly in areas with low population density. Nonetheless, we continue to find it counter-productive for state legislatures to limit how local governments can invest in essential infrastructure. We know of no good policy reason for doing so - these limitations are a result of the lobbying power of a few cable and telephone companies that want to preserve scarcity to ensure high profit margins. Kaitlin Mulhere's article, "Broadband access could be improved in NH through new bill," demonstrates the need for better networks in the granite state and notes that Fast Roads is starting to meet those needs in the areas it operates.

UPDATE: According to Pete Ashdown, the amendment has been pulled. Stay vigilant, these things rarely just go away.

We reported earlier this month that UTOPIA was once again facing legislative attack at the state level in the form of HB60. While the House has focused on other issues, the Utah Senate is launching its own attack. SB190 has also put UTOPIA in the crosshairs and events are happening quickly. Time to contact your elected officials, Utah!

According to Jesse Harris at FreeUTOPIA.org, SB190 as originally crafted, could have curtailed a pending deal between UTOPIA and Australian firm Macquierie. From Harris' February 19 story on the bill:

It appears the legislature is determined to chase off a $300M investment in our state’s broadband infrastructure to appease CenturyLink. Sen. John Valentine is running SB190 which has been very specifically crafted to prevent any UTOPIA city from using the same utility fee that Provo has to pay down the bonds. Moving to a utility fee to provide transparency on the cost of the UTOPIA bonds has been a key part of the Macquarie discussions so far, so it could very well put the deal in jeopardy.

Since its introduction, the bill was heard in the Senate Business and Labor committee. There was broad and fierce opposition and Sen. John Valentine, the sponsor of the bill, amended it. The changes made the bill palatable to Macquarie and it passed through committee to the Senate Floor on Feb. 24.

After the bill passed through the committee, Valentine introduced a floor amendment that will prevent new cities from joining the network. Harris now reports:

On February 13, KKFI Community Radio from Kansas City, Missouri, interviewed ILSR's Chris Mitchell and Todd O'Boyle from Common Cause. Tom Klammer, host of the "Tell Somebody" show covered Kansas legislation SB 304 aimed at preventing municipalities from investing in their own broadband networks.

Klammer writes on the program website:

Recently Todd O’Boyle of Common Cause brought my attention to a Kansas Senate bill, authored by a cable industry lobbyist, which would outlaw community broadband in Kansas.  Subsequently I came across an article online written by O’Boyle’s colleague Christopher Mitchell who wrote that the bill in question, if passed, would create some of the most draconian limits on building networks that we have seen in any state.

You can listen to the interview from the program website. The interview is a little under one hour.