Large, corporate providers like AT&T have to make shareholders happy, which is why they shy way from investing in regions where they don’t expect much profit. Routinely, those areas include sparsely populated rural communities and urban neighborhoods traditionally considered low-income. Often low-income neighborhoods also include a high percentage of people of color. Attorney Daryl Parks of ParksCrump, LLC, recently filed suit with the FCC on behalf of three residents in Cleveland who are victims of AT&T's "digital redlining."

The Data Tells The Story

In March, the National Digital Inclusion Alliance (NDIA) and Connect Your Community (CYC) released a report on digital redlining in low-income neighborhoods in Cleveland. “Digital redlining” refers to AT&T’s investments in infrastructure, which improve connectivity in areas where they serve, except for neighborhoods with high poverty rates. CYC and NDIA analyzed form 477 data submitted by the telecommunications company and noticed a pattern. The revelations in that report helped the plaintiffs understand their situation and choose to ask the FCC to look deeper into AT&T's questionable business practices.

The event that inspired the analysis was the AT&T DirecTV merger. As part of the merger, AT&T agreed to create a low-cost Internet access program for customers under a certain income level. The speed tier was only 3 Megabits per second (Mbps) download, but AT&T infrastructure investment in Cleveland lower income neighborhoods was so outdated, residents could not obtain those minimal speeds. As a result, they were deemed ineligible for the program.

The Case

The complainants are three African-American residents in Cleveland’s lower income neighborhoods who can’t take advantage of the affordable program mandated by the merger because they can only access speeds of up to 1.5 Mbps download or less. Without the infrastructure to connect at higher capacity, they’ve ended up paying higher rates for slower Internet access.

In a press release on the complaint, Parks stated:

Louisville has overcome a tall hurdle in its efforts to bring better connectivity and more competition to the community through local control. On August 16th the U.S. District Court for the Western District of Kentucky supported the city’s one touch make ready (OTMR) ordinance. AT&T challenged the ordinance in court, but their arguments fell flat and court confirmed that the city has the authority to manage its rights-of-way with OTMR.

State Law

AT&T’s claim based on state law asserted that the city was overstepping its authority by enacting the OTMR ordinance because it was impinging on Kentucky Public Service Commission jurisdiction. AT&T attorneys argued that, according to state law, the PSC has exclusive jurisdiction over utility rates and services, but the court found that argument incorrect.

Within the state law, the court found that the OTMR ordinance fell under a carve-out that allows Louisville to retain jurisdiction over its public rights-of-way as a matter of public safety. The ordinance helps limit traffic disruptions by reducing the number of instances trucks and crews need to tend to pole attachments. The court wrote in its Order:

AT&T narrowly characterizes Ordinance No. 21 as one that regulates pole attachments. But the ordinance actually prescribes the “method or manner of encumbering or placing burdens on” public rights-of-way. … It is undisputed that make-ready work can require blocking traffic and sidewalks multiple times to permit multiple crews to perform the same work on the same utility pole…. The one-touch make-ready ordinance requires that all necessary make-ready work be performed by a single crew, lessening the impact of make-ready work on public rights-of-way. … Louisville Metro has an important interest in managing its public rights-of-way to maximize efficiency and enhance public safety. … And Kentucky law preserves the right of cities to regulate public rights-of-way. … Because Ordinance No. 21 regulates public rights-of-way, it is within Louisville Metro’s constitutional authority to enact the ordinance, and [the state law granting authority to the PSC] cannot limit that authority. 

Federal Jurisdiction

Cell phones as a substitute for home Internet service? That’s what the Federal Communications Commission (FCC) suggested in an August 2017 document. Buried within the Notice of Inquiry for the Section 706 Report, the FCC quietly proposed that mobile service could be considered broadband deployment.

In a recent article, Jon Brodkin at Ars Technica dove into why that suggestion is laughable. Mobile Internet service, especially at speeds less than 25 Megabits per second (Mbps) download and 3 Mbps upload, is not equivalent to high-speed home Internet service. 

This proposal also raises concerns for rural communities exploring funding options.

Overstating Rural Connectivity Has Consequences

If the FCC treats mobile Internet access as broadband deployment, rural areas will suddenly look better connected. On paper, the FCC statistics will show that rural America has sufficient Internet access, but the reality in the trenches will remain as it is today - poor connectivity in many rural communities.

A similar situation has already happened in Iowa, where the inclusion of satellite Internet service is now considered broadband access. The interactive FCC 2016 Broadband Deployment Map clearly shows that almost all of Iowa has high-speed Internet access via satellite. One can use satellite service to browse the web, but it has significant limitations, especially when uploading data.

Image

We’ve all been lied to, but when we’re lied to by those we rely on, it’s the worst. Right now, we are all subject to a lie about our Internet access. That lie is rooted in the idea that the best way to move forward is to allow the free market to dictate our access to the Internet, along with the quality of services, privacy protections, and competition.

The big ISPs try to tell us “it’s a competitive market,” then they tell their shareholders competition is scarce. They tell legislators they fear competing against relatively small municipal networks and cooperatives that only serve singular regions but they have subscribers in vast swaths across the country. Federal decision makers tout the benefits of competition, but approve consolidation efforts by a few powerful companies that are already behemoths. This reality is The Big Lie.

What can we do about it? First, understand the cause of the problem. Next, share that understanding. We’ve created this short video to explain The Big Lie; we encourage you to share it and to check out our other resources. Our fact sheets and reports are a great place to start if you’re looking for a way to improve connectivity in your community. Don't forget to check out our other videos, too. 

This is the transcript for Community Broadband Bits Episode 262. Harold Feld and Christopher Mitchell discuss Microsoft's announcement on TV White Spaces and what it means for rural areas. Listen to this episode here.

Harold Feld: It's the openest public airwaves, because we actually let the public use it.

Lisa Gonzalez: This is Episode 262 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. TV White Spaces and White Space Technology has been in the news lately. Microsoft recently announced a plan to use White Spaces to bring high-speed internet access to rural areas across the country. This week, Harold Feld, from Public Knowledge, takes some time to talk with Christopher about the announcement and White Space Spectrum. Microsoft has raised a stir with their proposal, and Harold explains why. Before we start the interview, we want to remind you that this is a commercial-free podcast, but it isn't free to produce. Please take a minute to contribute at ILSR.org. If you're already a contributor, thank you for playing a part in keeping our podcast going. Now, here's Christopher with Harold Feld from Public Knowledge.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell with the Institute for Local Self-Reliance, and I'm talking today with Harold Feld, the senior vice president for Public Knowledge. Welcome back to the show, Harold.

Harold Feld: Thank you.

Christopher Mitchell: One of the things that you've been working on for a very long time is something called TV White Spaces. Why don't you tell us a little bit about what they are?

During the Obama administration, the FCC under Chairman Tom Wheeler made bold steps to protect innovation and competition on the Internet by passing network neutrality rules. With new FCC Chairman Ajit Pai, network neutrality is in danger. In order to prevent the backward slide - or worse - we all need to comment to the FCC and tell them to preserve network neutrality protections.

Stepping Back In Time

Under Chairman Wheeler, regulations were put into place that prevented ISPs like Comcast, Verizon, and AT&T from slowing down specific websites or charging extra fees to certain sites, who then must pass along those fees to customers. Rather then turning the Internet into just another version of Cable TV, the FCC has preserved its neutrality - now those actions are at risk.

Chairman Pai announced soon after he was appointed that he wants to roll back the rules implemented during the Obama administration, which includes eliminating “Title II” of the Communications Act protections for broadband. Title II provides the legal basis that prevents blocking and throttling.

Let's Act

On May 18th, the FCC released a Notice of Proposed Rule Making (NPRM); comments are due July 17th. What does the mean? It means it’s time for you to contact the FCC here (Proceeding 17-108) and let them know that you want in network neutrality and that you believe existing rules should stay in place.

If you’ve never commented on an FCC proceeding, here’s an article from Gigi Sohn, former Counselor to Tom Wheeler, who can offer some tips on an effective comment. You can also read some of the other comments submitted by others.

Update: Please note, this information is now out of date. It was developed in 2017. 

This is the central hub for ILSR’s research on Internet access around the Appalachian United States. We have compiled federal statistics on broadband availability and federal subsidies for large Internet Service Providers. We've created detailed maps of 150 counties in Kentucky, Southeast Ohio, and northern West Virginia.

We've also created Rural Toolkits for Kentucky, Southeast Ohio, and northern West Virginia. These toolkits offer a big picture look at connectivity on a regional and statewide level.  They also provide action steps for folks to learn more and get involved.

Remember these three key details when reading through this information:

Internet access: if you can get online, check email, and browse the web.

Broadband: the Federal Communications Commission (FCC) currently defines this as speed of 25 Mbps download and 3 Mbps upload. 

Fiber-to-the-Home (FTTH): a high-speed fiber-optic connection directly to the home. This type of technology can support speeds of more than 1,000 Megabit-per-second (Mbps).

Appalachia can get better Internet service, but the big companies aren’t going to do it. Cooperatives and small towns are stepping up and delivering world-class Internet service.

Kentucky

Image

This information covers the entirety of the state – all 120 counties.

Rural Toolkit: This toolkit provides the basics of how to get started. From what is broadband to the details of federal funding, this toolkit has got you covered. At the back, it includes a statewide fact sheet, which is also available separately.

On the border of Tennessee and Kentucky, an electric cooperative looks to a more connected future. The Tri-County Electric Cooperative that operates across state lines is preparing to build a state-of-the-art network for high-speed Internet service throughout Trousdale County, Tennessee. This will be the first year of construction for the cooperative after several years of planning.

Tri-County Electric plans to soon begin services to Trousdale County, the smallest county in Tennessee. Many of the county's 8,000 residents' choice is limited to Comcast and AT&T, and Tri-County Electric's Vice-President and General Manager Paul Thompson noted that people in the county often only subscribe to about 6 Mbps download and 1 Mbps upload. With a steady membership base of 50,000 spread across two states and a close relationship with the county, the electric co-op is in a good position to move forward with the Fiber-to-the-Home (FTTH) project. The cooperative intends to offer an affordable base package that provides faster, more reliable connectivity than what the incumbents are willing to offer the rural communities.

Funding From The Feds

Since 2014, Tri-County Electric Cooperative has actively pursued financing for a FTTH network in the county. The co-op applied for a grant through the Rural Broadband Experiments program managed by the Federal Communications Commission. They did not receive any funding, but the process resulted in a tangible plan.

The process of applying for the grant built up community support for the project and enabled the co-op to identify key assets. As part of the grant application, they noted which census blocks they expected to connect and what community anchor institutions, such as schools, libraries, and government buildings, could be included. The Trousdale County government even passed a resolution giving explicit permission for Tri-County Electric to build and operate a FTTH network.