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Reflections on the Internet Governance Forum - Community Broadband Bits Episode 116

This week, Lisa Gonzalez interviews me about my recent trip to the Internet Governance Forum in Istanbul, Turkey. The IGF is an opportunity for anyone concerned with Internet Governance on planet Earth to discuss the perceived problems and possible solutions.

It uses a multi-stakeholder format, which means that governments, businesses, civil society, and academics are all able to come to the table... this means just about anyone who has the means to participate -- including by doing so remotely -- can do so.

I went as part of a delegation with the Media Democracy Fund, along with six other grantees of theirs to get a better sense of how we can contribute and what we might learn from these international discussions.

Lisa and I discuss my impressions, some of the topics we discussed, and why it is important for people in the United States to participate in these global deliberations.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address.

This show is 17 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

Listen to previous episodes here. You can can download this Mp3 file directly from here.

Thanks to The Bomb Busters for the music, licensed using Creative Commons. The song is "Good To Be Alone."

Community Broadband Media Roundup - September 12

This week, you might have been tripped up by some infuriating “spinning wheels of death” on the Internet, but don’t worry, the slow-down was largely symbolic— at least for now. Fierce Telecom covered the Internet Slowdown Day protest on Wednesday, organized by “Battle for the Net." It was designed to bring attention to what will happen if so-called “slow lanes” are allowed under new FCC net neutrality rules. 

Netflix, MuniNetworks, Kickstarter, Reddit, and thousands of other sites took part in the protest. “The New Yorker’s” Vauhini Vara writes that Internet Slowdown Day produced more than 700 thousand comments about proposed FCC rules. 

Meanwhile, Amazon is positioning itself to come out on top whichever way the Net Neutrality rules fall. Susan Crawford urged the FCC to take action and “Think Chattanooga.”

“This is not a story of huge companies fighting one another. This is a sweeping narrative of private control over the central utility of our era: high-capacity Internet access. We, the people of the United States, are the collateral damage in this battle; we are stuck with second-class, expensive service.”

Muni Networks are gaining more ground, with Chattanooga and Wilson, NC still in the spotlight. Anne L. Kim took up the issue of preemption on CQ Roll Call. She interviewed Chris Mitchell for the article:

“Communities build their own networks because they think the private sector isn’t investing in them, said Christopher Mitchell… According to Mitchell, in the case of city-wide municipal fiber networks, reasons for deployment are often a mix of getting fast, reliable service at an affordable price.”

Blogger KateCA of My FireDogLake commented on the failings of the invisible hand in the telecom realm in her Corporations and The Commons post. 

“While free enterprise usually merits a hearty rah-rah in certain circles, competition between for-profit entities and publicly-owned ones seems to be a no-no, at least to Rep Blackburn and her crowd when it comes to [Chatanooga’s] EPB.”

In The New York Times, Colin Dougherty laments the search for a killer app in cities where Google Fiber has set down roots. He talked to Chris Mitchell and other experts about the difference between local control and dependence on a corporation like Google:

“It felt like a righteous invading tech company coming in to tell us how to run the city,” he said. Faster Internet helps Google in lots of ways."

The more time users spend searching the web or watching YouTube videos, the more ads Google sells and the more Google services people use. The company could also use Fiber to test new services like household-targeted TV commercials.

As FCC Chairman Tom Wheeler announced his intention to address barriers to competition and broadband deployment, several reporters, including Stephen Hardy of Lightwave Online wrote on the topic.

Regarding the definition of broadband, Ars Technica’s Jon Brodkin and Fierce Telecom’s Sean Buckley wrote that AT&T, Verizon, and others made claims that consumers simply don’t need or want faster Internet speeds.

"Consumer behavior strongly reinforces the conclusion that a 10 Mbps service exceeds what many Americans need today to enable basic, high-quality transmissions," AT&T wrote in a filing. 

AT&T’s comments were made public after Wheeler mentioned that the current definition for broadband is much slower than is necessary for economic growth.  

Casey Houser suggests that gig networks are forcing big telecom to play a game of “anything you can do I can do better”. But many communities are not waiting around for the big guys to come in. More announced this week they are dipping their collective toes into the municipal broadband pool. 

Lexington, KY mayor Jim Gray says he’s moving forward to give his city a big gig push. 

Austin, MN’s Vision 2020 group is studying how it can get its own gig, after being passed over by Google Fiber three years ago. The Daily Herald’s Trey Mewes reports that the group will be going door-to-door to get feedback about the Gig Austin proposal.

Finally, a recent article in The Advertiser counters some false statements made by a paid muni network hit man. Lafayette Utilities System (LUS) director Terry Huval said a report published by “Reason”, and written by Steven Titch is extremely flawed and biased. 

“Steven Titch, a paid analyst, and formerly a news editor in the telecommunications industry, has been criticizing LUS Fiber and other municipal broadband systems for virtually the past decade,” Huval wrote in response to the report. He takes data and twists it in a way that meets the particular needs of that client,” he said. “The bottom line for us is we are doing well. We are growing every year.”

Internet Slowdown Day: Tell the FCC You Do Not Want Fast Lanes

Depending on what websites you have visited today, you may have noticed the "spinning wheel of death" greeting you followed by a request to join on a letter in favor of network neutrality. September 10, 2014 is now known as Internet Slowdown Day.

The idea is to demonstrate what your Internet experience may be like if our country moves forward with the proposal to allow fast lanes. We are in the last few days of the final round of public comments on the FCC's proposed net neutrality policy; this is a final push to encourage users to express their support for an Internet free of fast lanes.

In case you have not read the letter, here is the text:

Dear Chairman Wheeler:

We are writing to urge you to implement strong and unambiguous net neutrality rules that protect the Internet from discrimination and other practices that will impede its ability to serve our democracy, empower consumers, and fuel economic growth. Erecting toll booths or designating fast lanes on the information superhighway would stifle free speech, limit consumer choice, and thwart innovation.

The FCC must act in a clear and decisive way to ensure the Internet does not become the bastion of powerful incumbents and carriers, but rather remains a place where all speakers, creators, and innovators can harness its power now and in the future.

The Internet is a staple of our lives and our economy. The FCC should protect access to the Internet under a Title II framework, with appropriate forbearance, thereby ensuring greater regulatory and market certainty for users and broadband providers.

To ensure that the Internet fulfills its promise of being a powerful, open platform for social, political, and economic life, the FCC must adopt a rule against blocking, a bright-line rule against application-specific discrimination, and a rule banning access fees. These principles of fairness and openness should not only apply to the so-called last-mile network, but also at points of interconnection to the broadband access provider’s network. Likewise, strong net neutrality rules must apply regardless of whether users access the Internet on fixed or mobile connections.

The FCC’s proposed rules would be a significant departure from how the Internet currently works, limiting the economic and expressive opportunity it provides. Investors, entrepreneurs, and employees have invested in businesses based on the certainty of a level playing field and equal-opportunity marketplace. The proposal would threaten those investments and undermine the necessary certainty that businesses and investors need going forward. The current proposed rules, albeit well-meaning, would be far-reaching. Erecting new barriers to entry would result in fewer innovative startups, fewer micro-entrepreneurs, and fewer diverse voices in the public square. The FCC should abandon its current proposal and adopt a simple rule that reflects the essential values of our free markets, our participatory democracy, and our communications laws.

When the history of the Internet is written, 2014 will be remembered as a defining moment. This FCC will be remembered either for handing the Internet over to the highest bidders or for ensuring that the conditions of Internet openness remain for the next generation of American entrepreneurs and citizens. We urge you to take bold and unequivocal action that will protect the open Internet and the opportunity it affords for innovation, economic development, communication, and democracy itself.

Sincerely,

/s/

You can sign the letter by going to BattleForTheNet.com. You can also learn more about what you can do to encourage participation. The site offers widgets, images, and codes for you to incorporate the call to action into your own site.

FCC Public Comments Round Up

The Electronic Comment Filing System (ECFS) on the FCC website has been working overtime in the last few months, so we decided this would be a good time to “Roundup” the various petitions that are open for comment regarding Internet rules, give a brief rundown of the timeline, and let you know how you can make your voice heard. There are a couple of key deadlines this week, so make sure to get your comments in! Below is a quick summary of some of the petitions and filings you should be aware of, their deadlines, and next steps.

Net Neutrality (14-28)

After extending the deadline for Initial Comments on Net Neutrality, the FCC received more than a million comments asking them to preserve the open Internet. ILSR submitted its petition July 18, focusing on the issue of paid prioritization, reclassification, and regulation of content. The FCC also extended the deadline for reply comments to September 15.

The commission is expected to establish net neutrality rules by the end of 2014.

Local Authority on Municipal Networks

Wilson, North Carolina (14-115) and Chattanooga, TN (14-116) filed petitions with the FCC July 24th asking them to remove restrictions on their ability to expand and offer services to nearby communities. On July 28th, the FCC opened a public comment calendar for the request.

ILSR stands firm in its support of these communities, and others that have built their own networks. We are not alone. The US Conference of Mayors, several communities, the American Public Power Association, a coalition from the National Association of Telecommunications Officers and Advisors, the National League of Cities, and the National Association of Counties all joined together to publicly support restoring local authority to communities targeted by state laws to prevent competition.

Initial comments are due August 29th, Reply Comments are due September 29th.

Comcast/Time Warner Cable Merger

Comcast announced it would by Time Warner Cable Inc. in March. The merger (14-57) would give one company enormous power over our nation’s media and communications infrastructure.  ILSR signed on to a letter to Chairman Wheeler in April.

You must file your complaint by Monday, August 25 to be considered. Responses to comments are due September 23rd. Replies to those responses are due October 8.

AT&T/DirecTV Merger (14-90)

AT&T and DirecTV announced their intentions to merge in May. The FCC opened proceeding 14-90 June 11. Although some organizations, including ILSR have asked for an extension for comments, the current deadline for petitions is Sept. 16. Replies can be filed until October 16, and responses to those are due by November 5. 

Notice of Inquiry on Broadband Progress

And finally, the FCC opened a Notice of Inquiry on Broadband Progress August 5. The Inquiry (14-126)  kicks off the FCC’s tenth “State of the Internet” report, in which they examine whether “advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.” 

The deadline for the inquiry is September 4, the reply comment deadline is September 19. 

Media Roundup: Week of August 8

This week’s rumblings on municipal broadband held more reverberations from last week's announcement that the FCC would take up formal proceedings regarding Chattanooga, TN and Wilson, NC petitions. The message for preempting state laws is being amplified, first Business Insider wrote this piece on How “Gig City” Chattanooga is putting Big Cable on the ropes:

"Ultimately what it comes down to is these cable companies hate competition," said Chris Mitchell, the director of community broadband networks for the Institute for Local Self Reliance.

As director, Mitchell watches over issues like municipal networks, net neutrality, and the consolidation of cable companies, advocating for the public. "It's not about [cable's] arguments so much as their ability to lobby very well," he said.

And you know you’re making an impact when the Redditers jump on the train (or the choo choo? sorry…) Chattanooga mayor Andy Berke and EPB CEO Harold DePriest participated in a Reddit AMA (“Ask Me Anything”) online discussion, which got Front Page billing: 

Q: What would you say to the people that believe it’s unfair for private companies to compete with a public utility?

A: It is unfair - they have way more money than we do.

We believe that this is critical infrastructure for our community to thrive and grow. Many people might consider things like roads as critical infrastructure, but we include this as one of those things.

If the private sector won’t bring it to local communities, local communities should have the right to build it for themselves.

And here, the mayor talks about the familial relationship the companies had with city leaders before they built their network: 

Q: When establishing it, what were your interactions like with comcast, time warner, etc.? Did they try to stop it from happening? If so, how?

A: There were two main interactions. Our last mayor asked big telecom if they would bring gigabit to Chattanooga - and they said NO.

Lawsuits followed.

We won.

Then, as if on cue, CenturyLink responded with their typical weak claims that “they’re getting to it,” and similar “the check’s in the mail, we swear” type announcements. First in SeattleDenver, and then in Our Fair Twin Cities (Minneapolis/St. Paul). The giant claimed that soon, if not already, residents could be seeing 1 Gig speeds just like Chattanooga. But when we looked into it, CenturyLink’s site appeared to have no specifics or even potential locations where the fairy-Gigmother might eventually be working. 

“Who gets CenturyLink's new gigabit-per-second service, and when, depends on a number of factors, the company cautioned. Fiber to homes requires the existence of nearby fiber infrastructure, and for now this is present only in parts of the Twin Cities.” 

Rest assured, we’ll believe it when we see it.

And, finally this week Gizmodo adds in it’s 10 cents. The online tech magazine touted community broadband as an answer to net neutrality fears:

"But guess what: we don't have to rely entirely on the FCC to fix the problems with high-speed internet access. Around the country, local communities are taking charge of their own destiny, and supporting community fiber.

Unfortunately, those communities face a number of barriers, from simple bureaucracy to state laws that impede a community's ability to make its own decisions about how to improve its Internet access.

We need to break those barriers. Community fiber, done right, should be a crucial part of the future of the Internet.

ILSR Submits Comments to FCC on Protecting and Promoting the Open Internet

The Institute for Local Self-Reliance recently submitted comments to the FCC as part of its Protecting and Promoting the Open Internet proceeding. ILSR focused on the issue of paid prioritization, reclassification, and regulation of content. We also provided some examples of municipal networks that provide fast, reliable, affordable service and do not rely on paid prioritization to serve customers.

From the ILSR comments:

The FCC should be extremely wary of any arguments that claim paid prioritization or other discriminatory practices are necessary to increase investment in next-generation networks. These networks are already being built and paying for themselves in both public and private approaches (as well as partnerships mixing the two). ILSR sees no reason to believe any additional revenues gained by discriminatory pricing would be reinvested in improving DSL and cable networks as the largest firms operating these networks generally face little competitive pressure to upgrade. That is the problem, not a lack of revenue in the current model.

Our reading of the various court decisions suggest the only option for the FCC to preserve the open Internet and prevent big cable and telephone companies from tinkering with the established principle of non-discriminatory carriage is reclassification and urge the FCC to take this step. However, we also urge the FCC to take actions to prevent any regulation of content. The FCC should concern itself with the transmission of information, regardless of what that information is, consistent with long-held Internet principles.

The Open Internet proceeding has inspired an estimated 1 million+ comments. The outpouring strained the FCC's system and as a result, the FCC extended the comment period to July 18th.

The full document is available below for download and available on the FCC's electronic filing system.

The FCC Is Our Best Shot to Restore Local Authority

For the first time in many years, we have an opportunity to repeal some particularly destructive state laws limiting investment in community networks. To be clear, this is our best shot. I've already covered the background and offered a blanket encouragement for you to post comments.

Chairman Wheeler has been looking for an opportunity to expand local authority by removing state laws that limit investment in Internet networks. The cable and telephone companies are marshalling their considerable forces to stop him. But we can, and must help.

We have spent years analyzing these state barriers for ways to restore local authority. The FCC, using its Section 706 power, is our best shot. The carriers have far too much power in the state capitals, which means that even when we have public opinion squarely on our side, the carriers easily kill state bills to restore local authority.

Anyone who thinks we have a better shot at rolling back state barriers individually in the states rather than with this FCC is wrong. Really wrong. Between Art Pope and Time Warner Cable lobbyists, there is no hope for any legislation that would threaten cable monopolies in North Carolina.

These petitions on municipal networks are not some FCC smokescreen related to the network neutrality proceeding. In fact, we at ILSR remain publicly frustrated with the FCC's failure to act more strongly in protecting the open Internet. But Chairman Wheeler, for reasons that seem somewhat personal to him, is particularly motivated to remove the anti-competitive laws passed by big cable and telephone company lobbyists. It strikes a chord with him and I, for one, am glad to see him taking action on it.

Anyone who claims action on municipal networks is some sort of trade for giving up on network neutrality is, once again, really wrong. For one thing, a trade requires two parties and I have yet to identify a single entity that would trade meaningful open Internet protections for rolling back a few barriers to municipal networks. Haven't found one. Not even us.

Further, restoring local authority on municipal networks is not a trade for the FCC later preempting local authority over the rights-of-way because once again, no one is ready to take that deal. Advocates of local decision-making authority tend to oppose preemption as a matter of course.

In the case of the current FCC proceedings, it must be noted that the FCC is actually being asked to preempt preemption, which is to say the principle remains that local authority should be respected. The FCC will remove state restrictions on local authority; no community will be required to take action it prefers not to.

This is a key opportunity. The FCC's Section 706 Authority allows it to remove barriers investment. No one is talking about creating new regulations.

For those still skeptical about these petitions, let me suggest this: If this is all some elaborate game of 3D chess masterminded by FCC Chairman Tom Wheeler, let's call him on it. Let's assemble a great record of how local governments can increase investment in next-generation services and states should not revoke their authority to decide for themselves how to invest or partner to improve and expand Internet access. In the worst case scenario, we will have compiled a great case for our position.

The Coalition for Local Internet Choice has posted instructions on how to file. File anytime between now and August 29. We are still working on a resource with recommendations and such for MuniNetworks.org and will publish them soon.

Call to Action: Tell Your D.C. Officials to Vote NO!

H.R. 4752 from Rep Latta (R-OH) will be brought up in the House, likely as an appropriations rider, some time within the next few days. In the past several months, the municipal network movement has made great strides. If passed, this bill's content can be a significant setback. We encourage you to call the D.C. office of your elected officials and tell them to vote NO on H.R. 4752, NO on any rider based on H.R. 4752's language, and NO on any amendment that restricts FCC authority.

Be very specific when it comes to municipal networks - local governments should be the ones to decide whether a network makes sense. These amendments are designed to strip the power from the FCC that would allow it to ensure local governments can make this decision.

H.R. 4752's language would prevent the FCC from regulating Internet service providers under Title II. There is also some indication that the House will consider an amendment on municipal broadband; constituents need to stop the rider and the amendment from moving forward. 

This bill was introduced months ago. According to OpenSecrets.org, its Republican sponsor has received more than $320,000 in campaign contributions from the communications sector since 2007. 

The Free Press has also spoken out against this bill, which would help destroy network neutrality and this lethal amendment.

Get the word out to your communities ASAP! Call your Rep's D.C. office and urge him or her to vote NO on this bill or on any similar rider and NO on any amendment restricting FCC authority. As you know, if the FCC is limited in this way, its authority to take other meaningful action to support municipal networks will be compromised.

When you call your Representative's D.C. office, ask first to speak to the staffer in charge of telecom. If you live in a community where you have benefitted from a municipal network or in a community that is exploring the option, share your experiences. Let them know that you not want Congress limiting FCC authority in this way.

U.S. Conference of Mayors Passes Resolution to End State Barriers

On June 22, Mayors from around the country gathered at the U.S. Conference of Mayors 82nd Annual Meeting. Members of the Standing Committee on Transportation and Communications voted to combine Resolution #115 "Net Neutrality" and #114 "Preserving a Free and Open Internet."

Resolution #115 was of particular interest to community broadband advocates because it called on the FCC to preempt state laws erecting barriers to local authority.

The final product, officially approved by the USCM, retained the language supporting Chairman Wheeler's intention to help smooth the road for publicly owned networks:

BE IT FURTHER RESOLVED, that the US Conference of Mayors recommends that the FCC preempt state barriers to municipal broadband service as a significant limitation to competition in the provision of Internet access.

Resolution #115 was introduced by Mayor Paul Slogin of Madison, Wisconsin.

KGNU From Boulder Interviews Chris for Independent Colorado Radio

KGNU from Boulder recently interviewed Chris on It's the Economy. This 27 minute interview is a crash course in all the intertwined topics that have the telecom policy crowd buzzing.

Host Gavin Dahl asked Chris about SB 152, the 2005 Colorado statute that constricted local authority and has prevented communities in that state from investing in telecommunications infrastructure. As many of our readers know, the Colorado communities of Longmont, Montrose, and Centennial, have held elections to reclaim that authority under that statute's exepmtion. The two also discussed legislative activities in Kansas and Utah inspired by big cable and telecommunications lobbyists. 

The conversation also delved into gigabit networks, network neutrality, the Comcast/Time Warner mergers, legislative influence, the Coalition for Local Internet Choice, and FCC Chairman Tom Wheeler's recent statement about local authority.

In short, this interview packs a tall amount of information into a short amount of time - highly recommended! 

You could also read a transcript of the interview here.