The results of a statewide Tennessee survey on residential and business connectivity are in and they ain't pretty. Thirteen percent of the state - more than 834,000 people - don’t have access to 25 Megabits per second (Mbps) download and 3 Mbps upload, which is the FCC's definition of broadband. Authors of the study make a number of recommendations, the first of which is removing state barriers that stifle Internet infrastructure investment.

"...A More Open Regulatory Environment"

The study, commissioned by the state’s Department of Economic and Community Development (TNECD) earlier this year, includes feedback from more than 23,000 households and businesses. 

From page 13 of the report:

The State of Tennessee could consider lifting administrative burdens and restrictions to broadband infrastructure investment to fostering a more open regulatory environment. 

In the report, the authors provide detailed reasoning for why the state should embrace an open regulatory environment to encourage competition. They note that state barriers impact electric cooperatives, municipalities that operate electric utilities and cannot expand beyond their own service areas, and municipalities that do not operate electric utilities but can only build telecommunications infrastructure in unserved areas with a private partner.

The FCC came to the same conclusion in February 2015 and rolled back Tennessee state laws in order to encourage competition. Tennessee is leading the charge against the FCC's decision with North Carolina (even though NC's Attorney General criticized the law). The parties have filed briefs, attorneys have presented oral arguments, and now the Sixth Circuit Court of Appeals is considering the case.

Depending on where you live, you may be able to choose between two or three big name ISPs. No matter which one you ultimately select, you might face some difficulty obtaining the kind of service you deserve. If you know what to expect, it’s easier to prepare yourself and, in the event you DO have a choice, pick the one that’s right for you.

BroadbandSearch has likened transparency in the telecommunications industry to nutrition information on food packaging. They have produced a set of “Nutrition Labels” for your Internet access diet.

They describe the project:

We believe that anything that makes buying broadband Internet service easier is a good thing, and for that reason we've created these ready-made broadband nutrition labels to help you choose from the biggest providers in the nation. 

Here is Comcast’s Xfinity label, a big provider in our Minneapolis area.

Of course, rates from Xfinity and other providers vary from place to place and they offer introductory deals that depend on a number of factors. For more on how BroadbandSearch obtained their data, check out their Sources page.

Now that the FCC’s network neutrality rules have been challenged and upheld in the Appellate Court, providers are required to be more transparent. These labels can help them share the information that subscribers need to make informed decisions. Check out the complete set at BroadbandSearch.

It's been well over a year since awards were announced in the FCC Rural Broadband Experiment program, but several projects have not started because funds have not been released. The recipients are ready to commence, but the FCC's own requirements have halted expansion of high-quality Internet access to areas that need it the most.

The Rural Broadband Experiments program has required Letters of Credit from the top 100 banks. Although it may have seemed like good regulation, it completely ignores the reality of small businesses.

They Are Experiments

The FCC touted the Rural Broadband Experiments as the answer for small, local, and nontraditional, Internet Service Providers (ISP). The program had $100 million in funding to encourage innovation in ill-served rural areas. After the FCC provisionally approved 37 of the 200 applications, those providers then needed to secure Letters of Credit to ensure that the projects were secure, reliable investments.

The Letters of Credit for this program must be from one of the top 100 banks, and big banks are not known for lending to small ISPs. Local banks, however, do lend to such projects because they are familiar with the local ISP, the local economy, and the community. These big banks that the FCC wants, however, cannot judge the relative soundness of such projects, especially not “experiments.”

Big Banks Don’t Understand Risk

Why would you require a Letter of Credit from these banks? Last year, ILSR published a chart that shows how banks with more than $100 billion in assets “make poorer lending decisions and write-off more bad loans than do community banks, those financial institutions with under $1 billion in assets.”

Attorneys argued before the Sixth Circuit Court of Appeals on March 17th in the case of Tennessee and North Carolina vs the FCC. The attorneys presented their arguments before the court as it considered the FCC's decision to peel back state barriers that prevent local authority to expand munis.

A little over a year ago, the FCC struck down state barriers in Tennessee and North Carolina limiting expansion of publicly own networks. Soon after, both states filed appeals and the cases were combined.

You can listen to the entire oral argument below - a little less than 43 minutes - which includes presentations from both sides and vigorous questions from the Judges.

To review other resources from the case, be sure to check out the other resources, available here, including party and amicus briefs.

As of now, 41% of tribal lands do not have high-speed Internet access according to the FCC Broadband Report of 2016 released on January 29, 2016. That same day, the Government Accountability Office (GAO) published a study of high-speed Internet access on tribal lands. 

The GAO report (GAO-16-222) reviewed previous federal programs that aimed to improve Internet access and interviewed several tribal entities. The result reveals the perspective of communities impacted by the data and cooperation - or lack of both - among the different federal entities. Long before this report, the FCC had recognized the shortcomings of these programs and began to improve data collection and inter-governmental cooperation.

Highlighted Areas for Improvement

The GAO focused mainly on FCC and USDA programs from 2010 – 2014, especially those that specifically addressed tribal connectivity. GAO researchers collected the perspectives of several tribal entities, which provided useful qualitative data to understand the impact of Internet access on these communities.

Tribal officials noted that the important role the FCC and USDA programs had in expanding high-speed Internet access. Throughout the report are anecdotes of how the several programs have benefitted tribal lands. The outreach efforts of the two federal agencies, however, are not always well coordinated:

“Officials from one tribe said that multiple federal programs offering similar grants were confusing and that a federal one-stop-shop for outreach and training would help them better target the right programs for their situation.“ (p. 22)

The report also touched on the quality of quantitative data. In 2006, there was little meaningful data. Although the situation has improved, reliable data is still lacking. Tribal lands are often rural and sparsely populated, such that census blocks (the basis of much data collection) cover large areas. This method can grossly overstate the availability of Internet access in such an environment.

GAO Recommendations and FCC Action

This Thursday, March 17th, attorneys for the FCC and the states of Tennessee and North Carolina will present arguments to the Sixth Circuit Court of Appeals on a case that could define parameters for publicly owned Internet networks. The proceedings begin at 9 a.m. eastern. Each side has 15 minutes to present.

As we reported a year ago, the FCC ruled that state barriers in Tennessee and North Carolina limiting expansion of publicly own networks are too restrictive and threaten the U.S. goal of expanding ubiquitous access. The FCC overruled the harmful state laws but soon after, both states filed appeals.

The cases were consolidated in the Sixth Circuit and a number of organizations, including ILSR, offered Amicus briefs. We have collected all the briefs and made them available for you here. As most of our readers will recall, the case focused on Chattanooga and Wilson, two communities that know the many benefits of publicly owned networks.

So, when you raise your glass of green beer on Thursday to celebrate St. Paddy's, send some luck to our friends in Wilson, Chattanooga, and the FCC!

Some of us remember it - not so fondly - as a discarded relic of an early era of the Internet. But it’s not a relic for people in some parts of rural Tennessee: the awful sound of a dial-up modem.

There are approximately 28,000 people living in the county and as Marion County Mayor David Jackson tells it, he knows residents with no Internet access at all. Some of Marion County residents with nothing better than dial-up can actually look across the Tennessee River and see buildings and houses served by Chattanooga's EPB’s gigabit Fiber-to-the-Home (FTTH) network.

Given this stark contrast, it’s no wonder the push is intensifying for more access to publicly owned Internet networks in Tennessee.

Marion County Wants Local Authority

Elected officials from the Marion County Commission and the town of Kimball are the latest communities to vote on resolutions asking state leaders to change Tennessee’s state anti-muni law. The legal barrier prevents existing municipal utilities from expanding their fiber network footprints to provide telecommunications services to neighboring communities. 

In fact, city leaders in every Marion county municipality have plans to vote on their own resolutions asking the same thing: give us the local authority to decide for ourselves.

While the U.S. Court of Appeals considers whether or not to reverse the FCC decision to roll back the state barrier, communities are calling on the legislature to solve the problem by restoring local authority.

As Communities Succeed, the Municipal Fiber Movement Grows

These communities hope that changing the law will enable Chattanooga to extend its much celebrated EPB network to serve the people of Kimball and other communities in Marion County. The efforts come in the wake of similar requests out of Bradley County.