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New Year, Same Lame Cable and DSL Monopolies

It's a new year, but most of us are still stuck with the same old DSL and cable monopolies. Though many communities have built their own networks to create competition and numerous other benefits, nearly half of the 50 states have enacted legislation to make it harder for communities to build their own networks.

Fortunately, this practice has increasingly come under scrutiny. Unfortunately, we expect to see massive cable and telephone corporations use their unrivaled lobbying power to pass more laws in 2012 like the North Carolina law pushed by Time Warner Cable to essentially stop new community broadband networks.

The FCC's National Broadband Plan calls for all local governments to be free of state barriers (created by big cable and phone companies trying to limit competition). Recommendation 8.19: Congress should make clear that Tribal, state, regional and local governments can build broadband networks.

But modern day railroad barons like Time Warner Cable, AT&T, etc., have a stranglehold on a Congress that depends on their campaign contributions and a national capital built on the lobbying largesse of dominant industries that want to throttle any threats to their businesses. (Hat tip to the Rootstrikers that are trying to fix that mess.)

We occasionally put together a list of notable achievements of these few companies that dominate access to the Internet across the United States. The last one is available here.

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As you read this, remember that the FCC's National Broadband Plan largely places the future of Internet access in the hands of these corporations. On the few occasions the FCC tries to defend the public from their schemes to rip-off broadband subscribers, Republicans (joined by a number of Democrats) threaten to overrule what is supposed to be an independent agency to defend the corporations that just happen to be donors to their campaigns.

Back when most assumed AT&T would be able to push its horribly anti-competitive takeover with T-Mobile through an impotent federal government, a few stories exposed the tip of the iceberg of AT&T's astroturf efforts, as with this report from the Center for Public Integrity:

“It is important that we, as Christians, never stop working on behalf of the underserved and forgotten,” the Rev. R. Henry Martin, director of the clinic, wrote to FCC Chairman Julius Genachowski in June. “It might seem like an out-of-place endorsement, but I am writing today in order to convey our support for the AT&T/T-Mobile merger.”

...

Not included in Martin’s letter to the FCC was the fact that his organization had received a $50,000 donation from AT&T just five months earlier. Indeed the Shreveport-Bossier Mission is one of at least two-dozen charities that were recipients of AT&T’s largesse and have written in support of the T-Mobile buyout, which will cut the number of national wireless companies from four to three.

When AT&T's wasn't able to buy enough influence with legitimate groups willing to sell out the interests of their members (who would pay more for their communications in a less competitive environment), it would simply create its own groups to push its interests:

AT&T Logo

Tallahassee Mayor John Marks brought an Atlanta nonprofit to the city as a partner in a $1.6-million federal-grant project, saying it would put high-speed Internet into the hands of poor people.

What he didn't say, and now says he didn't know, was that the Alliance for Digital Equality (ADE), in its first three years of existence, was nearly 100-percent funded by AT&T and spent most of its money — four of every five dollars — to pay board members, consultants, lawyers and media companies to push the global communication giant's positions on Internet and wireless regulation. Nor did Marks disclose, initially, that ADE had paid him $86,000 over several years as a member of its board of advisers.

We continue to see these massive companies abuse their market power to increase their prices, knowing that their lobbying arms will continue pushing legislation to stop communities from building their own networks.
Time Warner Cable hiked its rates in North Carolina immediately after passing its legislation to stop communities from building networks. Mediacom raised its prices while it attempts to sabotage efforts in rural Minnesota to build networks in unserved areas. And invented new fees to rip off its subscribers while trying to disrupt a rural fiber-to-the-farm initiative that slightly overlapped some territory in which they have long refused to invest.

Even as profits on cable broadband services approach Exxon proportions, Time Warner Cable has pushed for usage-based pricing to further overcharge subscribers, but mostly to strangle enormously popular competitors like Netflix. CenturyLink is not far behind, with usage caps prioritizing its own video content over competitors.

Verizon Wireless tried to sneak a new fee past subscribers by announcing it just before Christmas but backed down after outraged consumers reacted. One has to wonder whether it would have backed down in a world where AT&T took over T-Mobile, resulting in 3 out of 4 wireless customers being with Verizon Wireless and AT&T. Four competitors isn't the robust competition envisioned by Adam Smith, but it still beats the duopoly dynamic that results from even less competition.

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Speaking of less competition, the recent deal between Verizon and cable companies is troubling. We already knew that FiOS was all but dead, but this deal truly puts a fork in it:

I'll assume that neither cable operators or Verizon are going to let us see the deal fine print to confirm the Times guess, but the logic fits Verizon's strategy. Verizon already cherry picked the most valuable FTTH upgrade markets, and has shown total disinterest in further upgrades. This deal allows them to save money on FTTH upgrade costs, instead soaking up remaining customers with LTE -- which we noted was the plan some time ago. This deal is very bad news to the rural telcos without the cash for large-scale upgrades (CenturyLink, Frontier, Fairpoint, two of which Verizon sold aging DSL networks to), and for satellite broadband providers.

The future of next-generation networks is now only community networks, cooperatives, and some small private networks.

We've long argued that phone and cable companies have systematically overstated their coverage in mapping efforts as part of their effort to blunt any sensible public policy that would result in all Americans having a choice between fast, affordable, and reliable connections to the Internet. The New England disaster called FairPoint is back in the news for overstating the number of subscribers that have access to DSL. The company has not met the requirements it agreed to when purchasing Verizon's lines a few years ago.

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And in the continuing saga of Comcast's growing domination over the information people can access, Bloomberg TV is fighting Comcast's practice of discriminating against channels in which it has no ownership stake. Comcast has long strongly encouraged those who want to put television channels on its lineup to give Comcast a piece of the action, not unlike a mobster encouraging a small business to pay protection money. It wants to continue expanding its role as a gatekeeper to the Internet, particularly in the many areas where people have no real choice from other high speed providers.

And perhaps the best example of why we should not trust these massive corporations to run essential infrastructure is the revelation that AT&T defunded 9-11 call centers in Tennessee to gain a market advantage over competitors, a practice they were previously caught doing, leading to settlements out of court.

These corporations are not evil, they are following a sensible mandate to maximize their shareholder value. It is our government that is not sensible -- entrusting them with the future of Internet access without even bothering to enact the most basic regulations. Communities must continue to wise up and ensure they have the access they need to modern communications -- access that reponds to their needs, not those of distant shareholders.

Connecticut Power Outage Shows Superiority of Community Ownership

Rob Cox, a writer for Reuters, has delved into the disappointing response of some investor-owned utilities in Connecticut following the recent blizzard, noting the better performance of muni power companies. Hurricane Irene recently revealed the similar superiority of muni electrics compared to the investor-owned in Massachusetts, prompting us to note the parallels with Wired West's initiative in Western Massachusetts. They have created an electric light coop to build a next-generation fiber-optic network out to everyone in the area.

And on the same day that Longmont embraced locally owned broadband in Colorado, nearby Boulder started the process of kicking Xcel out in favor of an electric grid that is accountable to the public.

So let's see what the New York Times has to say about municipal ownership of infrastructure. They begin by noting the many ways Connecticut Light and Power (the subsidiary of Northeast, an investor owned utility presently consolidating with another large IOU) has cut its maintenance spending over the last few years -- leaving many more power lines vulnerable to the tree-bending blizzard.

There’s even a near-perfect model of how Connecticut Light and Power could have done the job better. Norwich, Conn., a city of 40,000, has owned its own electric utility, as well as those for sewage, gas and water, for 107 years. Norwich Public Utilities’ customers pay, on average, a bit less than Connecticut Light and Power’s. Yet after this past weekend’s snow dump, power was out for only about 450 of its 22,000 customers — and for no more than an hour. As of Thursday morning, nearly half a million Connecticut Light and Power customers were still waiting for the lights to go on.

That’s not luck, either. After Irene hit, just 13 percent of the city’s customers lost their power for more than a day. Within three days, the whole of Norwich had been restored. It took more than a week for Connecticut Light and Power to fully restore power.

To reiterate, the publicly owned system is cheaper, more reliable, and responds more quickly in emergencies. Sounds like efficiency.

That makes it seem odd that Gov. Dannel P. Malloy has tended to appear alongside Connecticut Light and Power’s Mr. Butler and to support the utility, even though far more customers lost power than should have and restoration proceeded too slowly. There’s solid numerical evidence to justify Mr. Malloy’s berating Connecticut Light and Power and calling for Mr. Butler’s head on behalf of the citizens of his state.

And yet, we see the exact same response from elected officials in the face of a less efficient private sector -- they blindly embrace the private sector, pretending we have no other options.

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In contrast to Connecticut Light and Power, Norwich’s electric unit last year increased operations and maintenance spending by 11 percent, to $2.9 million. Put another way, in 2010 Norwich allocated about $132 a customer to this line item in its accounts. Connecticut Light and Power reported maintenance, unadjusted for deferred expenses, of $96.5 million, or around $78 per client.

Well, that is curious. The publicly owned utility is able to charge less for power while spending more per ratepayer. And we know that more money from the local utility stays in the community whereas the absentee-owned companies result in fund flight.

It helps that the Norwich utilities are not slaves to the profit motive — though they hand 10 percent of gross revenue to the city.

Whoops! There goes the whole "they have an advantage because they don't pay taxes BS argument...

Last year, before paying this slice to the city, the electricity division made just a 3.6 percent operating profit margin on its $52.3 million of revenue. The Connecticut Light and Power division of Northeast, meanwhile, booked $3 billion of revenue last year and reported an operating margin nearly five times the size of Norwich’s. But it surely also helps that Norwich Public Utilities’ general manager, 12 linemen and five commissioners live in the community, drive the local roads, see the overhanging branches and bump into their customers at the Norwichtown Mall. That’s a rare kind of accountability.

It shouldn't be a "rare" kind of accountability if we recognized the limits of where the private sector excels and encouraged it to "tend to its knitting" as my grandma says.

Photo, courtesy of autowitch on flickr.

A Survey of National Private Sector Broadband Providers

When it comes to expanding access to the Internet across the US, the federal government has long looked first to the private sector, ignoring hundreds of years of experience showing that unaccountable private companies cannot be trusted to sufficiently invest in or govern essential infrastructure.

Inevitably, they price access to high and invest too little as they maxmize their profits -- thereby minimizing the profits of all other parts of the economy.

So let's take a little survey of the progress we see from these companies.

We have long railed against the Verizon -> FairPoint fiasco in New England that left Verizon much richer at the expense of residents and businesses in rural Vermont, New Hampshire, and Maine particularly. Well, FairPoint creditors have realized the depth of Verizon's scam and are suing Verizon for $2 billion. Read the complaint [pdf].

According to the complaint (pdf), Verizon not only made out like a financial bandit up front, but took advantage of regulatory delays to strip mine the assets of anything of value, including core IP network components, business services, and localized billing and support assets required to support the three states. Verizon then billed out their support assistance for millions per month during the very rocky transition, during which time 911 and other services saw repeated outages, resulting in millions more in refund penalties.

Karl Bode is right to criticize the state authorities that allowed this fiasco to occur. Their inability to regulate in the public interest has hurt everyone stuck in the mess. While we can expect powerful companies like Verizon to try to game the system at every opportunity, there is no excuse for making it so easy for them.

Frontier Logo

As long as we are talking about Verizon shedding its rural investments, let's take a look at how Frontier is doing since it inherited thousands upon thousands of FiOS customers as part of its recent deal with Verizon. Frontier has decided the best approach is to transition those customers from the next-generation FTTH network to an older, slower, less reliable, DSL alternative. Find me another country where a major company is moving customers away from fiber-optic connections. This is a national embarrassment.

Rather than investing in better technology, Frontier has literally doubled down on DSL by marketing a second DSL line to customers. Connect one computer to one line and the TV/video game unit to another one. Of course, it turns out they are lying (or incompetent) when it comes to how much they are charging for it...

In other words, that $13.50 1.5 Mbps (if you're lucky) DSL line is actually closer to a $50 1.5 Mbps DSL line once Frontier gets done slamming you with additional fees. These kinds of below-the-line fees have been a mainstay at phone companies for decades, essentially allowing them to engage in false advertising and covertly jack up the advertised price post sale. It's a practice that has yet to see any real attention of regulators, even those ceaselessly professing dedication to "transparency." It helps that Frontier serves a lot of uncompetitive markets where users have no other options, resulting in "deals" like this one.

Let's move on to the nation's largest cable company, Comcast. We recently noted Comcast's dubious distinction as the least trusted company in America. It was simultaneously the second least trusted. I'm guessing we won't see that award plastered on the side of the vehicles their poorly compensated contractors drive around.

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Occupy Philly, the City of Brotherly Love offshoot of Occupy Wall Street, recently demonstrated at the Comcast Center to bring attention to Comcast's corporate tax dodging. Hey -- I thought Comcast routinely said it wasn't fair that non-profit entities don't pay taxes!

Finally, the big cable companies in general have been singled out in a study showing that Americans lost $38 billion in wages last year while waiting for technicians and delivery people. Cable companies were the worst at making people wait - prompting one person to say "SCAMCAST should be their name."

There is plenty more of examples like the above, but I'm done writing about them today. Just recall that the federal government prefers that this group of unaccountable corporations build, own, and operate the most important utility of the 21st century. We prefer local ownership that is accountable to communities. Time Warner Cable has actually been sued for its terrible customer service!

Wired West to Incorporate Next Week

Very good news continues to come from Wired West. From a press release:

August 13th will be a historic occasion for many Western Massachusetts towns, as they form a joint cooperative to build and operate a state-of-the-art telecommunications network for residents and businesses. Founding member towns have traditionally been unserved or underserved by existing broadband providers. The new Cooperative, called WiredWest, will create a community-owned network offering high quality internet, phone and television services to member towns.

Today, most WiredWest towns have only partial coverage from limited-bandwidth broadband technologies. WiredWest's goal is not only to create fair access to broadband for all member town residents, but also to provide very high-quality services on a reliable, state-of-the-art network that will meet the escalating bandwidth requirements of businesses and home owners, and provide enough capacity for many decades.

The proposed WiredWest network will connect to the Massachusetts Broadband Institute's middle-mile fiber-optic infrastructure to create a robust network from end to end.

Twenty-three Western Massachusetts towns have taken the necessary steps to join the WiredWest co-operative by passing votes in two consecutive town meetings. Seventeen additional towns are in the process of voting and are expected to join the Cooperative over the next year. A map of WiredWest towns and their progress can be viewed on the WiredWest website.

The WiredWest Cooperative is utilizing "Municipal Light Plant" legislation, initially drafted in 1906, when rural towns faced a similar crisis of access to fundamental services from a lack of electricity. In 1996, the provision of telecommunications services was added to the statute, which enables municipalities to build and operate broadband services in the Commonwealth.

The leadership team and working groups are focused on finalizing a business plan, putting financing together and early network planning. The group recently received a $50,000 planning grant from the Massachusetts Broadband Institute, and has also raised additional funding from local businesses and individuals to assist with start-up requirements.

The incorporation will take place in Cummington, a town in the geographic center of WiredWest's territory.

Vermont Town First to Get Universal Access to ECFiber Community Network

The East Central Vermont Community Fiber Network has announced it will connect an entire town as its second phase. Barnard, Vermont, will be the first town to have universal access to ECFiber's next-generation network.

An update on Phase 1 of this network:

Phase 1, with construction under way (see photo) and scheduled to go live in early August, brings an ultra-high-speed fiber loop from the ECFiber central office near I89 Exit 3, along VT Routes 107 and 12,  to the center of Barnard. ECFiber expects to begin connecting businesses and residents who live on this route in early August and will provide detailed subscriber information closer to that date.

ECFiber has 23 member towns, but Barnard could be the most enthusiastic. This is as grassroots as it gets:

At its June meeting, the ECFiber Governing Board authorized an initiative to extend service to the rest of Barnard town. This requires a second round of capital-raising through a similar "friends and families" offering directed specifically to residents, businesses, and others who wish to support the deployment of universal broadband in Barnard.

Loredo Sola, ECF Governing Board Chair commented, "When we first took our plan to Barnard, we were inundated with residents offering to pay the entire cost of extending the Phase 1 trunk to their homes. This enthusiastic response inspired us to authorize a Barnard-only fund drive."  ECFiber will be organizing informational meetings for Barnard residents and businesses to explain the details of the plan.
When sufficient funds have been committed to build out the entire town, the Barnard Local Fund will close, and construction of Phase 2 can begin.

Barnard had 94% of the community presubscribe!

The success of ECFiber comes without any support of the state, which has continued to pretend wireless connections and out-of-state corporations will provide the networks necessary for the economic development needed by communities.

EC Fiber Truck

Valley News took note of the story and expanded on it:

Without other funding streams, it could take seven to 10 years to build out to all 23 towns, Nulty said, but the company is committed to seeing it happen. By building out to Barnard, a town with few other Internet options, and eventually providing “universal coverage” there, ECFiber hopes to demonstrate its business model and attract more investors who could speed up the process.

And some financial details:

In phase one, notes were sold for $4,500 a piece, with varying interest rates depending on the level of investment, Nulty said. For subsequent financing phases, the notes will be valued differently. About 25 percent of the note goes toward the central ECFiber fund to build out future “links” of fiber, he said, and the rest goes toward the network in the specific town being built out -- in this case, Barnard.

And finally, a classic quote from Tim Nulty -- a Vermonter who will always choose to be self-reliant if at all possible:

[I]nterviewed on Tuesday, he said it felt “fantastic” to finally make some tangible progress on the ECFiber dream. He only regretted the time wasted pursuing the federal stimulus money.

“As a native Vermonter, I can't tell you how many nights of sleep I've lost for going to the federal government with a beggar's bowl when we should have done it ourselves,” Nulty said. “So, it feels good, but it’s also coupled with immense regret.”

New Hampshire Bill Fails to Expand Community Broadband Authority

New Hampshire law makes it more difficult for communities to build broadband networks by only allowing bonds to finance broadband networks in "areas not served by an existing broadband carrier or provider." (See Title III, Chapter 33 of NH law.)

Such a requirement means that local governments could only build networks in areas with absolutely no service providers. Seeing as how most communities have at least one pocket with access to the Internet one way or another, communities are prevented from bonding for the essential infrastructure they need.

The only areas totally without a single service provider could probably only be served by a network that also serves an area where some service providers already operate, as those are the areas capable of generating enough revenue to balance rural areas with less revenue potential.

Because this law significantly retards the ability of communities to encourage economic development, we have seen previous attempts to update it (one of which we covered last year). This year, HB 389 offered a compromise to existing service providers. Nonetheless, it was also killed.

HB 389 would have allowed local governments to bond for broadband infrastructure but not allowed municipalities to provide retail services. Communities would be able to build open access networks but not allowed to offer services directly to subscribers.

Though we ardently defend the right of communities to build the networks they need using the business model they choose, this bill would have been an improvement for communities in New Hampshire.

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One organization that certainly would have benefited from this law's passage would have been FastRoads, an open access network that has moved forward with federal broadband stimulus funding.

The network is currently being designed and will start connecting communities next year.

The network design will begin immediately, with construction of the first phase of the network to be completed in spring 2012. This phase will bring fiber connections between Orford and Enfield. The second phase of the project should be completed in the fall of 2012, allowing connections for those living between Keene and Rindge. The third phase should be finished by spring of 2013, with faster connections available for those living between Enfield and Lempster.

The new connections will provide speeds that are 100 to 130 times faster than the current minimum federal standard for broadband Internet at 768 kilobits per second download speed, and 200 kps upload speed.

FastRoads is partnering with Network New Hampshire Now, a collaboration of public and private organizations to develop a high-speed broadband network throughout the state. A $44.5 million grant from the American Recovery and Reinvestment Act and $22 million in matching funds and private donations fund the project.

Rural Massachusetts Open Access Fiber-Optic Network Builds Momentum

We are hearing exciting news from western Massachusetts -- at least 17 towns have already held the necessary meetings and votes to join the Wired West cooperative that will build an open access, universal, FTTH broadband network in each of the member towns. This is an exciting project in a region largely left behind by cable and phone companies.

Back in January, we described the steps necessary to form a "Municipal Light Plant," in each community but a recent update from Wired West reminds us about the specifics:

Town participation in the WiredWest municipal telecommunications cooperative requires passing two consecutive town votes at separate meetings to establish Municipal Light Plant (MLP) legislation in the town. The MLP legislation was created in the Commonwealth over 100 years ago to enable towns to generate their own electricity. In 1996, the ability for towns to offer telecommunications services was added to the MLP statute. WiredWest charter towns researched various governance options and determined this was the best choice for enabling towns to offer telecommunications services, work together cooperatively and issue municipal debt to capitalize the network.

Towns have been passing the 2/3 votes with overwhelming approval, as in the town of Florida, with a 30-1 vote.

Wired West is maintaining an impressive map of the status of each town along the path. Clicking on a town brings up more information about that town. Kudos to them for making a great map that is easy to use and conveys a lot of information.

The Berkshire Eagle recently published an op-ed discussing the importance of economic development in the area:

Because many Berkshirites work, either at home or in an office, in towns without high-speed Internet service, making such connections widely available is vital to economic development in the county. I’m a volunteer with WiredWest, a cooperative effort of 47 towns in Western Massachusetts to build a locally-owned fiber-optic network to provide broadband services to homes and businesses. With this network the Berkshires can compete with anywhere else in the country, or the world for that matter, as a place to live and work. Without it, unwired areas of the county will become economic deadzones.

Monica Webb, spokeswoman for Wired West, was interviewed about the network:

"We've got 47 towns that have opted to join the organization and have been part of the discussions," she said. "Of those, about 30 are actively pursuing the government structure required to join Wired West, which requires two votes at two town meetings. In July, we will have the meeting to form our cooperative and we're hoping that at least a couple of dozen towns will join after that. We already have our recommended articles of incorporation and bylaws so that once this is formed it can be acted on quickly."

"I do have satellite and although I hear a lot from people that the weather affects their connection, that's less of an issue for me than the integrity of the system itself," she said in a phone interview. "If it goes out, they have to send a technician out to fix it and that can take up to a week. I've had to sit on the steps of the library twice a day to send and receive emails and I know I'm not the only one who's doing this. Even with the satellite, I've had to send three separate emails to people because a file was too big. This is really no way to conduct a business."

And she has developed an incredible metaphor for explaining why wireless alone is not sufficient for the economic development and high quality of life local residents need:

"I try to tell people, imagine that you are at the top of a hill with two pails of water and you want the water to go to the bottom of the hill. Dump one directly on the ground and then pour another down a pipe that is running downhill. That's the difference between fiber and wireless. And besides, fiber sets the foundation for wireless. Wireless will never have the capacity to run a business."

This is exactly correct. Wireless is no substitute for the reliability and high capacity of a fiber-optic connection. Unfortunately, rural residents across the country have to deal with the same issue -- policymakers who want to take the path of least resistance by leaving rural residents barely connected to the the engine of economic development and quality of life: modern communications.

We previously noted the long video released by Wired West but below we have embedded a shorter, Director's Cut.

Video: 

Gary Evans of HBC Discusses Burlington Telecom Situation

In a bimonthly local show, Burlington City Councilmember Karen Paul discusses City issues. In the recent show, she discussed Burlington Telecom with Gary Evans, the head of Hiawatha Broadband Communications (HBC). Evans has been helping BT get back on its feet after struggling for years. HBC is a private company most notable for strong success in overbuilding cable companies in SE Minnesota as well as running the Monticello FiberNet for the City.

For those who need an update on what is happening to BT since its problems were widely publicized, this is a great place to start.

FairPoint Undermining Broadband Access in Vermont

In an op-ed, Tom Evslin discusses FairPoint and their opposition to a middle mile stimulus grant that would improve broadband access around the state. FairPoint had taken over Verizon's New England lines a few years ago. Verizon had a reputation for poor service but FairPoint took that to new levels before reorganizing under bankruptcy (yet another high-profile private sector failure).

FairPoint fought a middle-mile project in Maine and was eventually bribed into silence by the Legislature. Having learned the only lesson one can learn from such an experience, they are now fighting a middle mile project in Vermont.

Unfortunately FairPoint, the successor to Verizon for landlines in Northern New England, wants Vermont to choose between protecting a badly flawed FairPoint business plan or improving the economic future of Vermont’s rural areas. The choice is stark: use the federal “middle mile” stimulus grant already awarded to the Vermont Telecommunication Authority (VTA) to bring fiber closer to rural Vermonters and make wholesale backhaul and institutional broadband affordable in rural areas of the state or forfeit the grant and leave these areas without adequate business, residential and cellular service.

Vermont should move forward with its stimulus project to expand open access middle mile connections across the state. Appeasing FairPoint yet again is not only bad for Vermont's many underserved, it would further embolden FairPoint in its fight against any competition, public or private.

The VTA was formed to improve broadband access while not providing services directly. There is no reason it should not invest in these middle-mile networks. Quoting again from Evslin op-ed:

Now President of FairPoint in Vermont, Mike Smith said yesterday in an interview broadcast on WCAX that he never meant that the VTA should build fiber networks and provide middle-mile (backhaul) service. He thought it would be directing its efforts to cellular and to retail service. However, Act 79 which Mike was instrumental in getting through the legislature authorizes the VTA “to own, acquire, sell, trade, and lease equipment, facilities, and other infrastructure that could be accessed and used by multiple service providers, the state and local governments, including fiber optic cables, towers, shelters, easements, rights of way, and wireless spectrum of frequencies; provided that any agreement by the authority to sell infrastructure that is capable of use by more than one service provider shall contain conditions that will ensure continued shared use or colocation at reasonable rates“.

Moreover, the Act also says “Nothing in this chapter shall be construed to grant power to the authority to offer the sale of telecommunications services to the public.” In other words, the legislature specifically authorized VTA to be a wholesale provider and specifically forbad it to be a retail provider. The Legislature and the Governor meant the VTA to enable retail service by providing wholesale infrastructure.

FairPoint has been a disaster for Vermont - capitulating to its demands now will only reward it and ensure Vermont's citizens have no other option for the communications services they need.