As the Sixth Circuit Court of Appeals reviews the FCC's February decision to scale back state anti-muni laws in Tennessee, at least two munis in the Volunteer State are giving back by saving dollars. Networks are also contributing substantially to  public coffers via Payment in Lieu of Taxes.

Clarksville, Tennessee, Network Becomes Revenue Positive in 2015

As of June 2015, the city’s utility provider CDE Lightband paid off all outstanding expenses related to their fiber optic network. General manager Brian Taylor described how the network has improved the city’s utility services and overall economic picture:

Our fiber project has proven to be an investment that benefits the electric system, the customers and the community. It has allowed us to enhance our distribution system and improve our system reliability; provide customer choice in video, Internet and telephone services and offer another tool in economic development. Every year access to high speed Internet becomes more critical in the recruitment of new business. We are proud to be an integral part of the growth and development of our community.

In a recent press release, CDE Lightband said their 1,200 mile fiber optic network saves the City of Clarksville a total of $4.5 million annually through technological upgrades that have improved the overall safety, reliability, and speed of electrical maintenance and service. The city has also seen 27% growth in broadband service customers over the past year. The network’s cost savings, along with direct revenues from electrical and broadband services, spell major dividends for CDE Lightband coupled with continued optimism for future growth.

The State of North Carolina is currently awaiting a decision from the U.S. Sixth Circuit Court of Appeals as the court considers the FCC's February decision to roll back state barriers. North Carolina Attorney General Roy Cooper's office is heading up the state's appeal, but is his heart in it?

The Legislature has passed a lot of bad laws, but it is the job of the attorney general to defend state laws...And I wish the governor and the General Assembly would stop passing so many bad laws that create litigation. We’ve seen that in many instances. This is another situation where the attorney general’s office is duty bound to defend state law.

In a new video, Tennessee Fiber Optic Communities profiles what it is like for a family living in Bradley County, just outside of the reach of Chattanooga's EPB Fiber Optic network. Debbie Williams describes how she and her family struggle with a long list of issues most of us associate with the bygone era of dial-up Internet. 

Watch this video and you will realize how families just outside of statutory limitations of EPB Fiber are living a different life than families served by the network. No one should have to deal with these kinds of problems. As Debbie puts it, "It's just wrong."

As the people of Tennessee wait for the court to determine their broadband future, state and local leaders in Nashville are hearing municipal network advocates and foes.

The bipartisan Tennessee Advisory Commission on Intergovernmental Relations, anticipating state legislation aimed at removing state anti-muni laws next session, recently heard from advocates of municipal networks. Those in favor of keeping state barriers in place also took a seat at the table. The Commission includes state legislators and local community leaders. The Sixth Circuit Court of Appeals is now considering Tennessee's petition to vacate FCC's February decision to overturn state laws against local authority.

The Same Old Argument

The Tennessee Cable Association (TCA), representing large incumbent cable providers, repeated the same misinformation we have heard before - that municipal networks are "failures." Their lawyer pointed to debt as proof-positive that "these communities that have gone into this business have done very poorly," reported the Johnson City Press.

Chattanooga's EPB President Harold DePriest summed up the weakness of that statement when he said, “It’s the same reason you have a 30-year mortgage on your house, instead of a 5-year mortgage.” It's about long-term vision and planning.

A number of representatives from Tennessee communities served by municipal networks attended the meeting and presented the facts. Chattanooga's world-famous fiber network is often in the limelight, but smaller Tennessee towns with networks like Erwin and Jackson have benefitted from their investments and other communities, such as Cleveland, have plans to follow suit.

Erwin Making Strides

As the Sixth Circuit Court of Appeals considers the FCC's decision to roll back Tennessee and North Carolina anti-muni laws, elected officials opposed to local authority are mounting an assault to head off possible enabling legislation. Their first target is the House of Representatives.

Poison Pens

South Carolina Governor Nikki Haley, North Carolina Attorney General Roy Cooper, Tennessee Attorney General Herbert Slattery, Tennessee Governor Bill Haslam, and Alabama Attorney General Luther Strange all sent letters to the Chairman of the House Energy & Commerce Committee, Fred Upton (R-MI). Their letters express derision at the thought of allowing local communities the ability to make decisions for themselves when it comes to ensuring local businesses and residents have the Internet access they need.

Communities with publicly owned networks such as Chattanooga, Tennessee, and Wilson, North Carolina, have prospered compared to those relying only on the large incumbent cable and telephone companies like Comcast and AT&T. Data suggest access to publicly owned networks contribute to local prosperity. Nevertheless, these elected officials have chosen to support big ISPs rather than their own constituents.

Elected Officials Protecting Campaign Interests

When the FCC released its Opinion and Order scaling back state restrictions in Tennessee and North Carolina, legislators backed by ISP powerhouses took up arms. They introduced bills, wrote editorials, and delivered speeches that put profits of AT&T and Comcast before the rights of Tennesseans and North Carolinians to have fast, affordable, reliable Internet access.

Nine months ago, the FCC voted to peel back laws in Tennessee and North Carolina that eliminate local authority and discourage expansion of broadband investment. As was expected, both states filed appeals and those appeals were consolidated for review by the U.S. Court of Appeals for the Sixth Circuit covering Michigan, Ohio, Kentucky, and Tennessee.

It has been a long and arduous journey for the parties, their attorneys, and local authority advocates. In order to help MuniNetworks.org readers stay informed of the parties and their arguments, we gathered together a collection of resources related to the original Order and the Appeal. 

• Memorandum Opinion and Order of the FCC adopted February 26, 2015 [PDF]: http://transition.fcc.gov/Daily_Releases/Daily_Business/2015/db0312/FCC-15-25A1.pdf
• FCC Opinion and Order Striking Down Local Authority Limits in TN and NC: Highlights
• Podcast with Jim Baller on the decision, Episode 143 of the Community Broadband Bits Podcast

Downloads of briefs are available as attachments here.

In a position piece released in October, Hillary Clinton voiced strong support for local authority:

“Three-quarters of US households have at most one option for purchasing the Internet service families now depend on for shopping, streaming, and doing homework. When alternatives do emerge, however, as they have in places like Kansas City, prices go down and speeds go up……Closing these loopholes and protecting other standards of free and fair competition—like enforcing strong net neutrality rules and preempting state laws that unfairly protect incumbent businesses—will keep more money in consumers’ wallets, enable startups to challenge the status quo, and allow small businesses to thrive.”

The effort to stop state laws that limit local choice on broadband initiatives requires more political leaders to take a stand like the one Mrs. Clinton takes here against local monopoly power in favor of fair competition. Voters must become better informed about the insidious impact of centralized corporate power on their local freedom and demand that elected officials embrace policies to decentralize power.

While Google Fiber and AT&T focus on the large cities of the Research Triangle of North Carolina, the small town of Holly Springs is pursuing a third option. 

Holly Springs will be the third town to see Ting’s “crazy fast fiber Internet.” After a successful foray into the U.S. mobile service market, the Toronto-based company Ting has started to provide Internet service by partnering with local governments. Ting will offer 1 Gbps in Holly Springs by building on the town’s $1.5 million municipal fiber network. 

Muni network restricted by state law

Holly Springs, with a population of almost 30,000, has worked hard to improve its connectivity. In mid-2014, they completed a 13-mile fiber Institutional network (often called an “I-Net”) to connect the municipal buildings and other public institutions, such as schools and hospitals. 

Unfortunately, when business and residents wanted to connect to the network, a North Carolina state law prevented the town from providing Internet services directly.  As it became obvious that Google Fiber would not pass through the town, leaders worked with a consulting company to try to draw in a private Internet service provider (ISP).

Ting! Innovative Partnerships

The locked-up potential of that fiber helped attract Ting. The municipal network's unused fiber will function as a backbone for Ting to deploy its own last-mile infrastructure, which will provide connectivity directly to homes and businesses.

In an April 2015 press release, the telecommunications cooperative Nemont Communications announced their plans to make the small, rural town of Scobey, Montana the first gigabit community in the state. The network will serve commercial, governmental, and residential customers in this Northeastern Montana town of just over 1,000 people. This speed increase to gig-level is a result of upgrades to the existing fiber network.

Scobey is inside of Nemont’s 14,000 square mile service territory where they began upgrades to fiber in 2007. The cooperative dates back to 1950 when farmers in the area organized to form their own telephone systems. The current service territory spans parts of Northeastern Montana, Northwestern North Dakota, South Central Montana, and Northern Wyoming. 

Bridging the Rural Digital Divide 

Nemont CEO Mike Kilgore sees the plan for Scobey as a first step for the largely rural state of Montana to push toward ultra high-speed Internet in every corner of the US:

“On January 18, 2013, former FCC Chairman Julius Genachowski issued the Gigabit City Challenge to bring at least one ultra-fast Gigabit Internet community to every state in the U.S. by 2015. Today, thanks to the tireless efforts of our talented employees, Nemont is proud to report that Montana now has a Gigabit community.”