In response to the FCC’s decision to end federal network neutrality protections, California and other states have introduced bills to fill the gap left by the Commission. Local communities who had flirted with the idea of publicly owned Internet infrastructure in the past have now taken a second and more serious look to counteract the FCC’s harmful policy shift. Assembly Member Ed Chau’s AB 1999, making its way through the legislative process, is opening possibilities for local communities to invest in their own Internet infrastructure. Chau recognizes that publicly owned networks are an option for more than network neutrality protections, especially in rural communities.

Attitude Adjustment

Our Christopher Mitchell travelled to California in May to testify about the bill as it worked its way through the committee process. AB 1999 could indicate that big telephone and cable companies now have less influence in state Capitols around the U.S. than in past years. We recently wrote about a New Hampshire bill that gives us similar hope — a piece of legislation signed by the Governor there that removed restrictions on local investment in broadband networks.

Like New Hampshire's SB 170, AB 1999 allows communities where big national providers don’t want to invest have more control over how they improve local connectivity. If passed, the bill will give California's community service districts the ability to develop public broadband networks and offer services. The language of the bill also requires that any networks developed by community service districts adhere to network neutrality rules.

Rural Communities Serving Themselves

The definition of “broadband” has changed over the years to reflect the way we use the Internet. From a mere 200 kilobits per second (Kbps) in download speed in 1996 to 25 megabits per second (Mbps) in 2015, it’s also important to remember that download speed is only part of the definition. While lobbyists for big ISPs argue the 25/3 standard is too high,  25 Mbps (download) and 3 Mbps (upload) is a reasonable minimum standard for broadband in 2018.

#1 /Turn off that video! I need to make a phone call!/ 
Back in the day, we used to accept that accessing the Internet meant we couldn’t make phone calls. Technology has advanced, and now that seems ridiculous. In 2018, general household Internet use requires at least a 25 Mbps download capacity so that we can all use the Internet without disrupting each other. 

Here’s the Federal Communications Commission’s (FCC) handy chart:

Network neutrality protections are scheduled to disappear on June 11th. In an effort to reverse the FCC’s decision that will put millions at risk by eliminating market protections, 52 Senators voted in favor of a Resolution of Disapproval on May 16th. The vote was enough to pass the Resolution and send it on to the next step under the Congressional Review Act (CRA).

Heading to the House

In addition to the full roster of Democrats, Republican legislators, Republicans Susan Collins of Maine, Lisa Murkowski of Alaska, and John Kennedy of Louisiana, voted in favor of the bill. Last February, citizen groups in Louisiana joined together to show support for network neutrality, staging rallies in four cities and visiting Senator Kennedy with thousands of signatures on a petition urging him to support the Resolution.

Now that the measure has passed in the Senate, it faces a tougher time in the House, however, where passage requires more votes to obtain the necessary majority. Advocates are busy organizing citizens, businesses, and entities to express their support for the policy and demand that Representatives take the same route as the Senate.

“We will continue to fight for net neutrality in every way possible as we try to protect against erosion into a discriminatory internet, with ultimately a far worse experience for any users and businesses who don’t pay more for special treatment,” said Denelle Dixon, chief operating officer at Mozilla.

The Congressional Review Act

Unlike in the Senate, there is no fast-track option from the House Committee to the House Floor. If the House Committee fails to report, however, a majority can force a vote. Like in the Senate, a simple majority in favor of the Joint Resolution is required for passage — 218 votes in the House.

Vermont was one of the first states to take decisive action to try to curb the harmful consequences from the repeal of network neutrality. It’s only fitting that Senator Bernie Sanders recently released a video on network neutrality featuring one of the country’s experts on connectivity — our own Christopher Mitchell.

The video details how the FCC’s decision to eliminate federal network neutrality protections will harm rural America. Christopher describes the lack of competition as it exists today and how services and prices will change to the detriment of subscribers if we move forward without network neutrality in place. 

“We can’t expect competition in rural areas, [they] are, in many cases, only going to have one high-quality network provider,” says Mitchell. “Losing net neutrality means that the cable and telephone companies are going to be able to set up toll booths and charge more money on the networks they’ve already created.”

Check out the video and share it widely:

Trying to Fix The Mistake

When FCC Chairman Ajit Pai and the other Republican Commissioners voted to repeal network neutrality last December, advocates mobilized. The decision put more than 170 million Americans at risk of losing market protections. By using the Congressional Review Act (CRA), Democrats in Congress hope to reverse the Commission’s decision. The repeal formally goes into effect on June 11th.

It’s May 16th and today is the day the Senate will vote on whether or not to reverse last December’s repeal of network neutrality rules by FCC Chairman Ajit Pai and other Republican FCC Commissioners. As a reminder, we thought this was a good day to pull out the maps we created that illustrate how that decision to repeal the federal policy put at least 177 million Americans at risk. Without network neutrality protections in place, these folks are limited to obtaining broadband Internet access only from providers that have violated network neutrality or have admitted that they plan to violate network neutrality tenets in the future.

Visualizing the Risks

Back in December 2017 when the current FCC made it’s misguided decision, we decided to take a look at the data and create visualizations to paint a picture of what they had done. We used Form 477 data, which tends to overstate coverage, so the problem in the field is likely more severe than the maps indicate. The results aren’t pretty.

At least 129 million people have only a single provider from which they can subscribe to broadband Internet access. The FCC defines broadband as 25 Mbps download and 3 Mbps upload. Out of those 129 million Americans, about 52 million must turn to a company that has violated network neutrality protections in the past and continues to do so.

In some places, the situation is a little better. There are 146 million Americans with the ability to choose between two providers, but 48 million of those Americans must choose between two companies that have a record of violating network neutrality.

For a larger image, download this version [18 MB png]. 

The Rocky Mountains are beautiful, but they make Internet access difficult -- that’s the long and short of our research on Colorado. While community networks are making some headway in providing much needed connectivity, much of the state still may only have access to fixed wireless or Satellite service.

Internet Service by Technology

We investigated Internet access in Colorado using the Federal Communication Commission's (FCC) Form 477 data. Many of the most rural areas of the state do not have any form of Internet access other than satellite or fixed wireless services. For our analysis, we exclusively looked into wireline Internet service because it is less weather-dependent than satellite or fixed wireless. We added county subdivisions onto our map to help readers differentiate between more urban and predominantly rural areas.

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Broadband Service

That map, however, shows only Internet service availability across the state; it does not show broadband service. The FCC redefined broadband as 25 Mbps download and 3 Mbps upload in 2015. Earlier definitions of broadband included speeds as low as 4 Mbps download and 1 Mbps upload.

DSL service, while widely available, often cannot support this latest definition of broadband. It relies on copper telephone lines, and the actual speeds customers experience are often not as fast as advertised, "up to" speeds. Cable can provide broadband speed, but its actual speed can vary in times of peak traffic, such as the early evening. Fiber is the most reliable form of Internet service. In some communities, fiber networks are providing speeds of 10 Gbps (400 times the speed of broadband).

At this year's Broadband Communities Summit in Austin, Texas, the Coalition for Local Internet Choice (CLIC) hosted a special program on April 30th. As part of the program, Blair Levin presented the keynote address. His comments focused on the process used by the FCC's Broadband Deployment Advisory Committee (BDAC) as they examine connectivity in the U.S. and make recommendations on the best ways to expand deployment.

Levin is a strong, open minded advocate for universal broadband access. He's currently Non-Resident Senior Fellow from the Metropolitan Policy Project at the Brookings Institution, but he's also Executive Director of GigU and advises both private and public organizations. Levin has held past stints at the Aspen Institute and the FCC where he oversaw the development of the National Broadband Plan; he's filled many other roles throughout his career. Levin's many years in public, private, and academic sectors have given him experience and an understanding of a wide range of challenges. He’s also obtained a keen insight into possible outcomes. In his keynote address, Levin predicted that the current BDAC process needs to be improved or wealth will find its way to private enterprises with nothing to gain for the public.

In his speech, Levin noted his own experiences with both local and federal governments and that the former were typically “responsive, pro-active, effective and respected in building communities that improve the lives of their residents.” He goes on to state that he believes that local governments need more authority and freedom if we are to move the country forward.

Levin believes that the BDAC is a good idea — bringing multiple stakeholders in the conversation on how we can deploy broadband faster in the U.S. After all, whether we rely more on wireless solutions or FTTP, we need to deploy more fiber and do it faster and more efficiently. He also believes that it’s important to achieve a balance when considering best practices due to the intimidating economics of network deployment. He also goes on to note that there has been some value achieved from BDAC, including the recommendation that states adopt one touch make ready policies.

At the Institute for Local Self-Reliance, we analyze data and explore public policies to empower local communities. Our initiative staff work on varied issues from composting to broadband, but all these issues affect our daily lives and our communities. In the Community Broadband Networks Initiative, we often analyze high-speed Internet service availability using the best data that is publicly available. Some of this data, however, is inaccurate, outdated, and misconstrued.

FCC Form 477 Fails in at Least Four Ways

The most common source of this data is the Form 477. It is designed to be standard, uniform, and provide the Federal Communications Commission (FCC) with detailed information to make sound decisions. The FCC distributes form 477 to Internet Service Providers (ISPs) in order to collect data on their service availability. This form is only accessible online through a government web portal, and it has an accompanying 39-page instruction document. Some of the information is confidential and stripped away before the FCC releases the data to the general public.

The FCC Form 477 may not accurately reflect broadband availability in four main ways: 

1). ISPs may fill out the form improperly. Some ISPs may misplace key information into the form, creating havoc for those analyzing the data. They may input numbers in Kbps instead of Mbps, causing further confusion. For example, a fixed wireless ISP outside of Rochester, Minnesota, offers a maximum speed of 10 Mbps on their website, but the FCC Form 477 states that this ISP advertises a speed of 244 Mbps. Perhaps the ISP meant customers can usually expect a maximum speed of 244 Kbps? Even then, that doesn’t make sense. 

2). The data is out of date. ISPs submit the form twice a year, but the FCC takes time to process this data. By the time we produce maps and research, the underlying data may already be too old to be useful. Mergers may not yet be adequately reflected. For example, at this writing in May 2018 the most recent data currently available is from December 2016. That means the data, the maps, and the research are about a year and a half out of date.

Everybody likes to watch a good film and if it involves drama, government at its highest level, and the deep pockets of corporate America, there's sure to be intrigue. We've found an independent film project that people interested in telecommunications policy and the Internet should consider backing. "The Network," a documedia project directed by Fred Johnson will take a look at how the Internet has come to be controlled by only a small number of large and powerful corporate entities.

There are only a few days left to contribute to the IndieGoGo account so this project can move forward and we encourage you to consider adding "independent film producer" to your resume. We occasionally produce videos and have worked with Fred, so we know that he is committed to a quality result. And, hey, a movie about Internet policy? How cool is that, amIright?

And check out this cool trailer!

From Fred:

We have interviews lined up with former FCC Commissioners, Nick Johnson and Michael Copps, former FCC Special Counsel Gigi Sohn, writer and professor, Fred Turner, author of From Counterculture to Cyberculture and The Democratic Surround, and activist Anthony Riddle, Senior VP of Community Media, BRIC TV, Brooklyn. More to come.

The Trump Federal Communications Commission’s decision to do away with Net Neutrality protections makes it very clear we are in the midst of real crisis in U.S. communications policy: the underlying public interest agreements between the public, government and U.S. commercial communications corporations have broken down. The Facebook hearings in Congress marked the moment when the failed free market communications policies of the last 4 decades have revealed their ultimate logic: we now have monopoly social media platforms surveilling our networks, and unregulated monopolies (that are really utilities) selling us overpriced access to our networks. With no government oversight of any significance.

Internet access isn't effective when it takes forever to load a single webpage or when subscribers spend hours babysitting their computers to ensure files make it through the upload process. At the Institute for Local Self-Reliance, we create maps analyzing publicly available data to show disparities in access and highlight possible solutions. We've recently taken an in-depth look at Georgia and want to share our findings with two revealing maps. According to the FCC's 2018 Broadband Deployment Report, 29.1 percent of the state's rural population lacks broadband access, but only 3 percent of the urban population shares the same problem. Cooperatives and small municipal networks are making a difference in several of these rural communities.

Technology Disparities Across the State

The map below shows what kinds of technology Internet Service Providers (ISPs) are using to offer Internet service to homes or businesses in Georgia. To differentiate areas of the state, the lines represent the subdivisions within counties. Our analysis focuses on wireline technologies, specifically fiber, cable, and DSL. Satellite and fixed wireless services are too dependent on the weather and the terrain for our analysis.

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In rural Georgia, premises with wireline access most often rely on DSL; cable and fiber tend to be clustered around towns and cities where population density is higher. Google, for instance, operates a fiber network within Atlanta, Georgia. The large amount of fiber in the eastern half is the Planters Rural Telephone Cooperative, one of the many rural cooperatives that are taking steps to help rural communities obtain the access they need to keep pace with urban centers.