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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.

Local Leaders to Vote on State Preemption Resolution at U.S. Conference of Mayors

The 82nd Annual Meeting of the United States Conference of Mayors (USCM) will be voting on resolutions this weekend in Dallas. It's time for you to call your Mayor and tell him or her to support Resolution #115 on Network Neutrality and restoring local authority on Internet infrastructure. 

The Resolution (page 293 of the Resolutions list) recommends that the FCC pre-empt state laws that preempt local authority over local investments and partnerships to expand Internet access. The net effect is to restore local authority. The Resolution also recommends the agency reclassify broadband Internet service as Telecommunications Service under Title II.

This is a perfect opportunity for local community leaders to express their constituents' demand for authority to control their broadband destiny.

The Mayor of Madison, Paul Soglin, introduced Resolution #115. Is your Mayor attending the conference?

Act now - the conference ends June 23!

Common Carriage Definition - Barry Lynn

As I was glancing back through my notes in the margins of my copy of Barry Lynn's Cornered: The New Monopoly Capitalism and The Economics of Destruction, I stumbled across the beginning of a discussion of common carriage. Good timing given the FCC wrestling with whether to apply common carrier regulations on Internet access.

Which brings us to a set of laws that are closely related to price discrimination: our common carriage laws. These hold that certain businesses--especially those with a real or a de facto license to provide a vital service to the general public--must be kept open to all potential customers on a fair basis. The provider of the service cannot discriminate among users, either by denying service to some and not to others or by charging different people different prices. The ancient Romans applied the concept to inns and ships. The English applied it to cabs, ferries, toll roads, mills, bakeries, surgery, tailoring, and breweries. In the United States, in the nineteenth century, we extended it to steamboats, telegraphy, and eventually railroads.

Understanding Title II and Network Neutrality - Community Broadband Bits Podcast #101

With all of the recent media discussions around network neutrality, reclassification, and "Title II," we decided to spend this week talking with Matt Wood, Policy Director for Free Press to simplify some key issues.

For all the hub-bub around reclassification and dramatic claims that it represents some kind of fundamental policy shift, the truth is actually less exciting. Internet access via DSL was previously regulated under Title II of the Communications Act (as Verizon well knows and has used to its advantage). And again regulating Internet access as Title II still allows for various forms of innovation and even paid prioritization if done in a "reasonable" manner.

Matt and I discuss how Internet access came to changed from Title II to Title I last decade and the implications of moving it back now.

Free Press also runs the popular SaveTheInternet.com.

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 20 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 Valley Lodge for the music, licensed using Creative Commons. The song is "Sweet Elizabeth."

Chris Visits With Kevin Reese and Margaret Flowers on Network Neutrality

Christopher recently joined Kevin Zeese and Margaret Flowers for an interview on the "Clearing the Fog" radio show. Kevin and Margaret also spoke with Mary Alice Crim from the Free Press.

From the show page:

We discuss the FCC’s plan to eliminate net neutrality on May 15. FCC chair Tom Wheeler will be deciding on new rules regarding the internet that will allow those who have wealth to have faster service and will leave the rest of us behind with internet service that ranks us between 35th and 40th in the world. The internet will become a pay-to-play entity rather than being treated as a public good – something to which all people should have the same standard of access. We will discuss the upcoming decision at length and what people are doing to stop it. And we will discuss the growing movement to municipalize internet service.

Margaret and Kevin also posted their article originally published on Alternet. They provide information about network neutrality, offer resources, and suggest action to make your voice heard. 


Urgent - All In To Save Internet Freedom with Mary Alice Crim and Christopher Mitchell by Clearingthefog on Mixcloud

Local Media Sees Need for Municipal Network in Olympia, Washington

Local news editors seem inspired by the current network neutrality debate at the FCC. Newsrooms considering the prospect of paid prioritization are reassessing the value of municipal networks.

Not long ago, the Olympian ran an editorial offering the basics of municipal networks. Editors mentioned NoaNet, the statewide fiber project that brings access to a series of community anchor insitutions and approximately 260,000 people. The piece also acknowledges that port authorities and some Public Utility Districts (PUDs) offer fiber connections in several regions of the state. We have reported on a number of them, including Benton, Okanogan, and Chelan.

The editorial points out that the cities of Lacey, Olympia, and Tumwater have fiber and conduit they use for government operations. The cities share the fiber and conduit with the state Department of Transportation. The Olympian also notes that if a city wants to provide telecommunications services, its location is critical:

Republican Sen. Trent Lott championed a 1996 bill that prohibited states from blocking any entity that provides telecommunications services. Despite that far-sighted bill, big provider lobbyists have persuaded 20 states to pass legislation making open access difficult. 

As suggested by other editors, The Olympian advocates for a municipal approach to curtail damage that will result if network neutrality disappears:

If approved, individual consumers in the South Sound and other U.S. communities can expect slower speeds for smaller services, nonprofits and independent content creators. Why pay for the “HOT” lane, unless traffic is backed up on the main line?

...

If the FCC votes to effectively end net neutrality, residents of the South Sound do have a potential alternative that is gaining traction elsewhere: turning to local Internet service providers who ride on municipally-owned fiber optic networks.

Paid prioritization and the proposed Comcast Time Warner Cable merger may result in further degredation of broadband in American. On the bright side, more people realize that municipal networks are a better option.