Press Release: Legislation Introduced in the U.S. Senate to Promote Local Internet Choice

The "Community Broadband Act" is Boosted by Senators Concerned with Competition 

Contact:

Christopher Mitchell

christopher@ilsr.org

612-545-5185

West Virginia rural communities struggle with access to broadband but a bill in the state legislature is taking some first steps to encourage better connectivity. HB 3093 passed the House with wide support (97 - 2) and has been sent on to the Senate for review. The bill doesn’t appropriate any funding for Internet infrastructure projects around the state, but adopts some policies that may help local communities obtain better connectivity.

Revenue Neutral And Popular

The state is facing a $500 million budget deficit and lawmakers don't have the appetite to appropriate finds for Internet infrastructure projects. As in most states, policy bills do well during times of financial strife. Elected officials still want to do what they can to encourage better broadband so, according to at least one lawmaker, the revenue neutral nature of the bill has contributed to its success in the legislature. Delegate Roger Henshaw, one of the bill's co-sponsors, told Metro News:

“Notice this is a revenue-neutral bill,” Hanshaw said. “That’s in fact one of the reasons we’re rolling it out now. We have other bills here in both the House and Senate that are not revenue-neutral bills that were on the table for consideration.

“But with the clock ticking on us, it became clear that we probably ought to be looking at options to advance service that didn’t even have the possibility of a financial impact. This bill does not.”

Check out the 3-minute interview with Hanshaw on Soundcloud.

The Broadband Enhancement Council

West Virginia’s Broadband Enhancement Council was created in a previous session and receives more authority and responsibility under HB 3093. They are tasked with the authority to, among other things, gather comparative data between actual and advertised speeds around the state, to advise and provide consultation services to project sponsors, and make the public know about facilities that offer community broadband access. 

Last week we shared an alert from Fight for the Future (FFTF) regarding the Senate vote on data protection. You’ve probably heard by now that the vote passed, which means the measure moved to the House. FFTF sent out a follow up with important information about that vote, that’s happening TODAY:

Congress has scheduled a vote TUESDAY to eliminate Internet privacy rules and allow ISPs to sell your data to advertisers without your permission. It already passed the Senate. This is our last chance to stop it.

Just last week, the Senate voted to gut internet privacy rules that prevent Internet Service Providers (ISPs) from selling your sensitive personal information to advertisers without your consent.

The measure passed the Senate by only two votes. It was close, and there was significant public outcry which means we still have a chance to stop it.

Now the bill moves to the House of Representatives, and we just got word that they scheduled a vote on it TUESDAY. 

They’re trying to ram it through quickly without discussion or debate. We need to stop them.

Call Congress right now. Tell them to vote NO on repealing the FCC broadband privacy rules.

[FFTF] will connect you with your lawmakers and give you a simple script of what you can say. Here’s the number: (415) 360-0555

Even creepier, they’ll be able to install software on your phone to track you, and inject undetectable “cookies” into your Internet traffic to record everything you’re doing online.


If this bill passes the House, companies like Comcast, Verizon, and AT&T will be able to constantly (and secretly) collect our online activity and sell our browsing history, financial information, and real-time location, and sell it to advertisers without our permission.


Call this number and FFTF will connect you directly to your representatives: (415) 360-0555

New Hampshire has made strides in bringing better connectivity to unserved areas with projects like New Hampshire Fast Roads, but for years one factor has held them back: state law limitations on municipal bonding for Internet infrastructure. Once again, a proposal to change the law is in the state legislature.

SB 170 - It's Simple

SB 170 proposes to eliminate the one provision in New Hampshire law that has prevented municipalities from bonding for Internet infrastructure - the requirement that the infrastructure can only serve properties where there is no existing service. By blocking access to funding, the requirement has prevented projects that might bring service to whole communities when small pockets of service already exist in those communities.

The House companion bill, HB 191, passed the Science, Technology and Energy Committee but died when brought before the full House for a vote. The bipartisan vote against the bill was 193 - 168, emphasizing that the issue of connectivity is not related to political party.

SB 170 was heard in the Senate Public and Municipal Affairs Committee in early February and, even though a number of individuals and organizations from communities in effected towns spoke on its behalf, a motion was presented to kill the bill. We’re happy to report, however, that the motion failed and the bill was rereferred to the same committee. It’s been sitting there ever since. In other words, it’s still alive, but it may not be picked up again unless committee leadership feel motivated to do so.

Tell Them, "It's About MY Hometown"

Since August 2016, the small community of Pinetops has been on the verge of losing their best connection to the 21st century - high quality Internet access. The North Carolina Legislature has a chance to change all that this session with legislation that will carve out an exception to restrictive state laws that prevent a local municipal provider from serving this rural town.

The State Blocks Service

When the U.S. Court of Appeals for the 9th Circuit reversed the FCC’s preemption of state law restricting geographical reach of broadband from municipal electric utilities, Pinetops was in a pickle. Nearby Wilson had extended its Greenlight high capacity Fiber-to-the-Home (FTTH) service to the tiny community where residents and businesses were still slumping on DSL, dialing up, or not connected at all. The court’s reversal required the city of Wilson to risk losing their ability to serve their own community if they continued to do business as a provider for Pinetops.

The only way Pinetops and another customer outside Wilson County - Vick Family Farms - could continue with Greenlight was when the City Council voted to continue temporary service at no charge. Elected officials made the decision based on the expectation that legislators would introduce proposals to carve out exceptions for both Pinetops and the Vick Family Farm, commercial potato farm also located outside of Wilson County. Last week, they made good on that promise.

Reps Step In To Help

Our friends at Fight for the Future let us know that an important vote on privacy rules is happening today. We want to pass on the information so you know who to call to express your concern about who collects and disseminates your personal data:

Today at noon, Congress is expected to vote on whether to gut the FCC’s broadband privacy rules that prevent Internet Service Providers like Comcast and Verizon from collecting and selling your personal data without your permission.

In just a few hours Congress could roll back these landmark rules that many of us fought hard for last year.

And get this-- the 22 senators behind this controversial resolution have received more than $1.6 million from the very same companies that would profit from us losing our broadband privacy rights.

Here are the names and phone numbers of the lawmakers who we need to side with us to protect broadband privacy rights:

We can’t let this happen. Call Congress right now.

Sen. Lisa Murkowski (202) 224-6665 @lisamurkowski

Sen. Susan Collins (202) 224-2523 @SenatorCollins

Sen. Jerry Moran (202) 224-6521 @JerryMoran

Sen. Cory Gardner (202) 224-5941 @SenCoryGardner

Sen. Benjamin Sasse (202) 224-4224 @BenSasse

Sen. Dean Heller (202) 224-6244 @SenDeanHeller

If these privacy protections are removed, ISPs will be able to do the following :

Monitor and sell all your location data, search history, app usage, and browsing habits to advertisers without your permission, hijack your search results, redirecting your traffic to paying third parties, and insert ads into web pages that would otherwise not have them
.

This is going to be a close vote. We’ve included the names, numbers, and twitter handles of key members of Congress who could vote to uphold current broadband privacy rules.

Call them now. Tell them to protect our privacy. Here’s a sample script you can use:

“Hi, my name is ______, I’m calling to ask Senator _____ to vote against the CRA proposal to roll back the FCC’s broadband privacy rules. Please don’t let Internet Service Providers sell my personal information without my permission.”

This vote is happening very soon, please call or contact these key members of Congress now.

Mayor Gary Fuller won’t tolerate lies about his city. In a recent Opelika City News release titled, Setting the Record Straight - Response to Yellowhammer article, Mayor Fuller corrected the numerous misleading errors in a piece written by Jordan LaPorta. The Yellowhammer article covered a Taxpayer's Protection Alliance Foundation (TPA) report, filled with errors and misrepresentation about municipal Internet networks. TPA is one of the many front groups that describe themselves as "nonpartisan think tanks" but are actually funded by industry leaders with an agenda to advance policies that limit competition.

Mayor Fuller has seen untruths written about Opelika before, but this time he felt it was time to fight the flying monkeys.

Get Your Facts Right

Mayor Fuller corrected a number of brazen untruths LaPorta tossed out in his article, including:

• OPS ONE is not taxpayer-funded - No, LaPorta, there are no tax subsidies. Additionally, there have not been any federal or state grants used for the network.
• Expenditures grossly overstated - LaPorta incorrectly attributes the cost of an electric grid modernization ($20 million) to the cost of the FTTH network ($23 million). The two are not one and the same. Do your homework.
• Number of Gig subscribers - LaPorta reports that OPS has one Gigabit subscriber, but they actually have five residential customers who take the service. The city council has recently reduced the price to $94.99 for Gigabit service in some bundles.

This Is Why Opelika Is A Success

OPS ONE is generating annual gross revenues of around $5.5M after three years serving the community. There are more than 3,200 subscribers and testimonials of customers who appreciate obtaining service from a hometown Internet access provider. Even though OPS ONE is still young, states Mayor Fuller, it’s on track:

Tennessee State Senator Janice Bowling, a Republican from Tullahoma, has once again introduced legislation that would help bring high-quality connectivity to rural residents and businesses. The bill is not complicated and would allow municipal electric utilities that offer broadband connectivity to expand beyond their electric service area. In a video from 2015 Senator Bowling takes a few minutes to explain her proposal - to eliminate the restriction and allow places like Tullahoma, Chattanooga, and Clarksville to serve neighboring communities.

This year, the bill that eliminates the restriction is SB 1058 and its House companion is HB 0970 from Representative Dan Howell. For now, her bill is in the Senate Commerce and Labor Committee waiting to be heard. Sen. Bolling has also introduced similar bill that allows municipal electric utilities to offer telecommunications service with no geographical limitations.

Senator Bolling gets it. She understands that the people of her district and the rest of rural Tennessee need high-quality connectivity to keep pace with areas that already have such access. We’d like to see more legislators like her who put the needs of their constituents before the interests of the big cable and telephone companies.

In the video Senator Bolling describes why the bill, which she has introduced several times, has not passed. She explains what the bill does legally and practically, and she gives a frank assessment of what the situation is now in many rural areas of her state. Even though the video is from 2015, her comments are still relevant.

The video is short and to the point - only 4:20 - check it out and share.

Earlier this legislative session, we followed legislation in Virginia, which would have negatively impacted municipalities’ ability to use their publicly owned infrastructure to improve connectivity. We’re now watching a bill in Missouri that’s been resurrected from legislation that died last year. Another state bill just appeared on our radar in Georgia that interferes with local community authority by prescribing stringent rules on permitting and applications.

The Wrong Direction

When our Christopher saw it, he said: 

This is based on the false notion that cities are the barrier to better networks rather than recognizing the power of pole owners and existing attachers as a far more significant barrier.

The bill, HB 336 or the Broadband Strategy for All of Georgia Act, allows communities to be certified as “broadband ready,” which may allow providers that serve those communities eligible for state tax incentives. In order for a community to be certified as a “broadband ready community,” it must comply with a specific model ordinance, created by the state that dictates the process for reviewing applications for broadband projects.

The bill starts out all wrong, by defining broadband as 10 Megabits per second (Mbps) download by 1 Mbps upload. Clearly that indicates that its point of origin is the incumbent telephone companies who want to make it easier to provide their slow DSL, rather than encourage upgrades to the FCC definition of “broadband.” As a reminder, the federal government considers broadband to be 25 Mbps / 3 Mbps.

The process proposed in HB 336 assumes that local communities that are trying to protect their public spaces are the bad guys and any DSL or cable company who wants to insert their lines or equipment in public space is but a poor victim. The bill applies to any “public rights of way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by the political subdivision.”

The Heavy Hand Of The State

Reincarnated from last year’s anti-muni bill in Missouri, SB 186 was heard in the Senate Local Government and Elections Committee on St. Valentine’s Day. The sweetheart’s gift to the national cable and DSL companies, however, didn’t come until today. The committee held its executive hearing, voted the bill “do pass,” then sent it on its merry way. According to a very helpful staff member at the Missouri State Legislature, the bill will now be put on the informal Senate calendar and can be picked up at any time by Senate leadership for a vote by the full Senate.

As we reported in January, SB 186 fattens the state’s existing laws that insert state government between a local community and its ability to make its own choices about its broadband future. Just like last year’s HB 2078 (this bill’s dead twin), SB 186 makes it extremely difficult for municipalities and local governments to use their own infrastructure to work with private sector partners. The bill comes from lobbyists representing large incumbents who want to ensure their monopoly positions, even if it means sacrificing rural peoples’ ability to participate in the modern economy.

If you live in Missouri, take a moment to call or email your Senator and tell them that, if this bill comes before you on the Senate floor, you want them to push the red button to kill it. Even if you live in an area where you already have high-quality Internet access, consider the principal that state government calls the shots on an issue that should be determined by local people. This bill impinges on local decision-making authority.

If you don’t live in Missouri you can still contact State Senators to let them know that the bill is harmful to rural areas, antithetical to the competitive spirit, and should be done away with as soon as possible.