connected nation

More Minnesota Broadband News

The Minnesota Independent took Pawlenty's Administration to task last week for its decision to give more money to the telecom company front group Connected Nation. To be clear, this is not the money for infrastructure (yet - time will tell how the state encourages the feds to allocate the grants). This was the mapping money.

Peter Fleck, of PF Hyper blog, put it well:

“My understanding is that we have allowed the companies that have not provided the needed broadband coverage in our state to steer the broadband mapping process itself because of a stated need for confidentiality. That need is questionable,” said Fleck.

“And it puts the state in a position where if the maps show there is no problem with broadband coverage, then we won’t need legislation, regulation, or any other policies and it creates the risk that the telecom industry can continue to provide inadequate coverage to underserved areas — usually areas of low-density and low-income. And because of the inadequacy of these maps, eventually we will have to undertake broadband mapping again at taxpayer expense. To me, this is an irresponsible use of public money.”

The story also quotes me and links back to our story on Connected Nation in Minnesota.

I want to note that states and federal agencies can demand more in terms of better maps and data transparency. It is somewhat disingenuous to lay the blame solely at the doorstep of this telecom-front organization when elected officials refuse to demand more from an industry that has long retained legions of lobbyists. Make no mistake, Connected Nation's conflict of interest is a serious problem, but we need our elected officials to stand up to the telecommunications companies and demand better mapping data. We had higher hopes from the NTIA, but clearly that was misplaced.

More recently, Sharon Schmickle of MinnPost wrote about plans for a publicly owned network in Cook County, Minnesota. It touches on the major issues that many communities face when deciding whether to build their own network.

I wanted to add some comments to it that will add perspective to the story - I encourage you to read the whole Schmickle piece because I pick only a few points below to expand upon.

Regarding Cook County's application for broadband stimulus funds, the incumbent phone provider to much of the area (Qwest), has brought a we-won't-build-it and we-won't-let-you-build-it-either attitude. Local businesses and the Forest Service cannot even get a T-1 line (which would offer about 1.5 megabits and would probably cost $800/month give or take $500 depending on Qwest's mood at the time). The phone lines are in such a state of disrepair that dial-up is even slower than average and businesses can go days without any telecom services.

Dana MacKenzie, the information systems director for the County, previously told the MN Broadband Task Force that when the single connection to the area goes down (somewhere on the road to Duluth), all telecom stops up there. No redundancy means no credit card transactions, no 9-11 service, no nothing until the line is repaired. Profit-maximizing companies have little incentive to provide redundancy when residents have no real choice in providers.

Unfortunately, Jack Geller lets these companies too far off the hook. I find Geller, a member of the state's broadband task force, to be a deep-thinking person, so I hope this quote was out of context.

"Whether you agree or disagree with how good a job your incumbent providers are doing, you have to admit that they have invested millions of dollars in your community," Geller said. "Now we are saying we need more, and the government should provide it … should use taxpayer dollars to compete with the private sector."

These companies have not invested millions out of charity - they were originally granted a government-sponsored monopoly to ensure they would be profitable and they have continued to make profits while refusing to invest in better networks (here, I aim my criticism at the large, absentee companies - the smaller independent telcos that are rooted in their communities have continued investing in the community).

As for whether taxpayer dollars should compete with the beneficiaries of government-granted monopolies (though such monopolies ceased to exist, their legacy continues to shape our telecom landscape), I think the answer is muddier than he suggests. Further, most community networks emphatically do not use taxpayer dollars, so the argument is largely academic anyway. Jack and I have previously discussed the role of government competing with the private sector, but that is different from phrasing it as "taxpayer dollars" that are funding the networks - something almost guaranteed to result in a knee-jerk reaction opposing the idea (creating more heat than light rhetorically).

Finally, I think Jack's larger point would be that private companies cannot, even if they were willing, build out the networks that are needed in many rural areas. The costs are too high and returns too low. This is something I agree wholeheartedly on - which is why I find it ludicrous that some still think the private sector is capable of building this essential infrastructure throughout the country without continuing to damage our ability to compete with peer nations. And it remains frustrating that these companies, who will not build the needed networks, have the money and lobbyists to prevent others from doing it.

A final criticism of Shmickle's piece is that I was disappointed to see her treat the Monticello lawsuit as though it had any merit. It was thrown out by every court in Minnesota at the earliest opportunity - the only reason it lasted so long is because we have a massive backlog of cases and too few judges. It was a frivolous lawsuit meant to delay competition and it succeeded. It was an abuse of the justice system that has successfully scared other communities from exercising their legitimate power for fear of being locked in an expensive court battle (is there any other kind?) that would drain their resources despite an inevitable victory. Large companies like TDS have lawyers for this very reason - they probably profited from their court loss due to the delay of more than a year whereas Monticello had to hire representation to respond.

Photo by Jackanapes, used under creative commons license.

Connected Nation Captures Minnesota

Minnesota is now in poor company, along with several other states that have chosen to use telecom industry-backed Connected Nation (if unfamiliar with CN, read this report) to supply data from Minnesota to the federal government as part of the national broadband map that is being constructed.

Just how this came about explains why a group like Connected Nation thrives in the current telecommunications arena.

Mike O'Connor, the urban users' representative on the Minnesota Governor's Broadband Task Force, explains that the Minnesota Department of Commerce and Department of Employment and Economic Development (DEED) chose Connected Nation absent any public discussion or even consultation of the broadband task force.

Mike is not one to mince words about the deal (which got him picked up by MinnPost):

I'm pretty cranky about this process.  Nice n'cozy.  Nice n'closed.  Nice bypass of the Task Force.  No public input at all as far as I can see.  Looks like there was lots of opportunity for providers to provide input about their confidentiality needs, not too much input about what consumers need.  Look forward to more sub-par optimistic maps, and impossible to use/verify data, peepul.

He references the ample opportunity for providers to express their preferences, this comes from the letter from the two commissioners to the governor:

The other primary reason that we are recommending Connected Nation is that in conversations with and letters from the broadband provider community (including the Minnesota Telecom Association, the Minnesota Cable COmmunications Association, Qwest and Comcast), they have noted their satisfaction with the work Connected Nation as done, the professionalism displayed. Most important, the providers have confidence in Connected Nation's ability to protect their sensitive, nonpublic infrastructure information.

The letter goes on to discuss the other possible mapping entity - the University of Minnesota:

First, the University indicates that it has entered into confidentiality agreements on other projects. However, in speaking with the provider community, it is unclear whether they would be able to reach agreement with the University on nondisclosure agreements (NDAs) in order to turn their infrastructure data over to the University.

So let's clarify all this.

  1. Broadband providers across the United States, mostly large private companies like Comcast and Verizon, have failed to invest in the broadband infrastructure we need.
  2. In order to discover the magnitude of the problem, we are developing a massive map to show where these companies fail to offer services needed by communities.
  3. To gather this data, many states are using Connected Nation, a group created and heavily influenced by these same companies.
  4. We are to believe that Connected Nation does a good job because the providers like working with Connected Nation (a group supposedly tasked with demonstrating their shortcomings).
  5. We cannot use anyone but Connected Nation because the providers do not want to give this data to anyone but Connected Nation (because it is a secret if you are getting the rates they advertise).

Awesome. Perhaps we could next ask the Minnesota Vikings to create a nonprofit to study whether a new football stadium is a good idea or not.

This is not a broadband policy, it is a giveaway to telephone and cable companies. We know that these companies cannot and will not offer the necessary services to low-density and low-income areas because it is not profitable and these companies exist to increase profits. For how long will we hold communities hostage to whether a company can make a big enough profit for that community to get 21st century infrastructure?

Update: I should have noted that Kentucky, the birthplace of Connected Nation, has decided not to use them to gather and submit this data. It seems that aside from shoddy work, some the cable companies are frustrated that CN may be too biased toward the telcos.

Update 2: It is disappointing to see that only is Minnesota's Department of Commerce committing us to more bad data, it is serving as a reference for CN in other states like Florida.

In the section of the bid asking for references, Connected Nation included recommendations for Connect Minnesota, from Diane Wells of the Minn. Department of Commerce

Photo by Jackanapes, used under creative commons license.

National Broadband Plan: Early Outlook is Glum

When it comes to the National Broadband Plan that the FCC is tasked with developing, we at muninetworks.org have a red line. No matter what the federal policy, all communities must reserve the right to invest in and own their own networks. These networks are essential infrastructure; no community must be left incapable of securing its future prosperity.

FDR recognized this important community right:

I therefore lay down the following principle: That where a community--a city or county or a district--is not satisfied with the service rendered or the rates charged by the private utility, it has the undeniable basic right, as one of its functions of Government, one of its functions of home rule, to set up, after a fair referendum to its voters has been had, its own governmentally owned and operated service.

That right has been recognized in a good many of the States of the Union. Its general recognition by every State will hasten the day of better service and lower rates. It is perfectly clear to me, and to every thinking citizen, that no community which is sure that it is now being served well, and at reasonable rates by a private utility company, will seek to build or operate its own plant. But on the other hand the very fact that a community can, by vote of the electorate, create a yardstick of its own, will, in most cases, guarantee good service and low rates to its population. I might call the right of the people to own and operate their own utility something like this: a "birch rod" in the cupboard to be taken out and used only when the "child" gets beyond the point where a mere scolding does no good.

We believe a national broadband policy could go much farther to strengthen communities by spurring fast networks everywhere, but we also recognize a political reality: incumbents providers have little to gain from a national broadband plan (especially one that goes so far as to encourage actual competition) and while their networks fall behind the times, they are able to pump all kinds of money into DC (and state legislatures around the country).

Therefore, we stand by our red line. We will hope for more, but early signs are not good. Karl Bode offers 5 signs the broadband plan is already in trouble. I want to highlight one, but the whole post is a must-read.

Recently, a number of journalists, some who should know better, have claimed that Connected Nation (which is controlled by the very industry about which they are supposedly providing impartial data) is popular because data showing where broadband services exist is secret. That is crap. Quoting Bode:

ISPs like to argue they fight the release of such data because it would tip off competitors, but in reality incumbent ISPs know precisely where a competitor offers service and at what speeds, because they spend millions of dollars on intelligence gathering. Think Verizon doesn't know exactly where competitors offer service before it invests $24 billion to deploy fiber to the home service?

The real reason ISPs don't want that data exposed is because it would show limited competition and significant coverage gaps, resulting in new laws aimed at fixing things, and in turn lowering revenues. Instead, the government has willfully used flawed data that suggests everything is rosy. The illusion of a competitive, rosy broadband market has allowed government (and the lobbyists who love them) to justify the elimination of price controls and other consumer protection laws.

What Can States do?

What can states do?

Many states want to improve broadband access for their citizens. Some states genuinely want to act and others are content to give some money to industry-front group Connected Nation and form a Task Force in order to give the appearance that they are doing something rather than actually taking action.

However, the problem is difficult because in a time of severe budget crunches, states may not have the funds to invest directly in infrastructure or help communities do so themselves. There are some options - and I recently highlighted one: Virginia's Broadband Infrastructure Loan Fund.

The Virginia Resources Authority (VRA) now has a revolving loan fund to help communities build the broadband infrastructure they need. Unfortunately, the fund has started empty but they are in search of grants to get started until the state can seed it.

Even without the revolving loan fund, which keeps a very low interest rate for loans, the VRA is available to help communities that want to approach the capital markets for infrastructure funds. Communities may not have sufficient experience in this arena or may just benefit by having the VRA combine multiple small needs into a larger package at a better rate.

Elsewhere, the Vermont Telecommunications Authority was supposed to serve a similar function but seemed to be immediately captured by Fairpoint and turned into a tool for private companies.

One of the most basic things a state should do is ensure it has not created barriers to public investments in broadband networks. It may be a few years old, but the American Public Power Association created a list of laws blocking or retarding community broadband networks. These should be repealed. Those arguing that the public sector has too many advantages should read our discussion about the level playing field.

Capitol photo by Rob Pongsajapan

Stimulus Updates

  • NTIA head Larry Strickling has suggested that if an incumbent wants to veto a stimulus grant in its territory, the data it uses to show the area is served will be on the public record. As this is a step in the direction of making such information public, it is good. However, there is still no clear method of appealing such a veto.
  • Craig Settles has called for letters to the NTIA asking for a deadline extension for the first round of grant applications. Muniwireless.com published a commentary explaining why a delay is a good idea.
  • West Virginia, one of the most-underserved states by broadband providers, is starting to worry much of the state may not qualify for broadband funds according to the Charleston Daily Mail. Unfortunately, they are relying on data from the industry-backed Connected Nation operation, so who knows? Being so heavily influenced by incumbents, Connected Nation significantly overstates existing coverage.

    However, the story is interesting in pointing out that the approach taken by NTIA will not result in sustainable network. Because network deployers must stick to the areas of least density, they have no revenue base with which to cover operating costs. Once the stimulus money goes away, one wonders how many of these networks will fold -- though NTIA has claimed that networks must demonstrate fiscal viability after the grants run out.

  • Champaign-Urbana is planning a fiber network contingent on stimulus funds. They have had to scale back plans for the network due to the stringent definition for "underserved." Illinois has set aside $50 million to help Illinois applicants as each applicant must provide 20% of the project cost to qualify under stimulus rules. The project will fund connections to the home in 11 census blocks that are currently underserved, create 35-40 computer labs for public use, and create a more advanced lab to assist the public computer labs. It will also build fiber rings to connect over 100 anchor institutions (hospitals, schools, government buildings) that may later be useful to expand access to the network.

North Carolina Fight over Mapping

Fiona Morgan, a frequent writer at Indyweek in North Carolina, has weighed in with excellent coverage of the situation in North Carolina as the cable and telephone companies continue their attempts at stifling competition in the state. They are now using their non-profit arm, Connected Nation, to overstate existing services in the state.

According to a map made available online last week by the industry-backed nonprofit Connected Nation, broadband is available to 92 percent of North Carolina households. That number seems too high to some legislators and public interest advocates, who are concerned that overstating the amount of access will hurt the state's chances of receiving federal grants.

"You'll be pleased that over 90 percent of the households in North Carolina are now served by one or more broadband providers," Connected Nation representative Joe Mefford said during the unveiling of the map at the state legislature last week. "The maps also, by that, indicate that there's been a huge investment in broadband in this state already."

I have dealt with Connected Nation's maps here in Minnesota, and the technology is awful. In an age of Google Maps and impressive mashups, they produce clunky maps at sufficiently large file sizes that you need fast broadband to open them. I pity anyone trying to use their maps on a slow DSL connection. On top of that, they continue to classify cellular services (that often come with a very small monthly cap) as broadband in order to overstate how many people have access.

Fortunately, Fiona spoke to Craig Settles and he offers some great commentary.

Craig Settles, an Oakland, Calif.-based consultant on broadband technology, said the broadband stimulus has been hijacked by the telecommunications industry. "It started as a noble effort," he said, "but it's a complete and total travesty all around."

Each state must choose one mapping entity in order to be eligible for any of the broadband stimulus money. There is $350 million set aside specifically for mapping, to be divided between the states. That's too much money, Settles thinks, and the terms favor Connected Nation and the industry. "We're going to pay you millions of dollars to collect all this information, but you can't tell anybody what this information is? That is the most stupid-ass thing on the planet. It's the taxpayer paying for this."

I heartily recommend the entire article as it explains in great depth how the private companies are unwilling or perhaps unable to invest in the networks that communities in North Carolina need to thrive. Rather than improve their services, they have repeatedly attempted to buy laws at the State Legislation that would prevent communities from building the networks that the companies refuse to build themselves.

Art Brodsky at Public Knowledge has also examined the situation in North Carolina and should be read as well.

Note the circular logic here. Faison and other members of his committee are criticizing e-NC for their maps, which were based on information supplied, or not, as it were, by the telecom industry. The state agency has been hampered by AT&T’s unwillingness to supply broadband data and its insistence on a very restrictive non-disclosure agreement for information the company did supply.

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