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public v private

Lafayette Editorial Notes Increased Competition Due to Community Broadband

In an editorial about the LUS Fiber lawsuit against NCTC, the local Lafayette paper made the following observation:

We've had our own reservations about LUS Fiber to the Home, based on concerns about a government enterprise encroaching on a market in which private-sector entities were already providing service. But LUS has, from all available evidence, enhanced the competition in the local marketplace in terms of both price and technology.

Those who claim community broadband networks decrease competition and incumbent investment do so against all empirical evidence.

North Carolina Video of Committee Hearing to Preempt Communities

"My issue is that cities should not be competing with private enterprise." - Senator Hoyle of North Carolina

Given this Senator's opposition to the public sector competing with the private sector, I assume he is fighting just as hard to shut down the libraries (or have Borders and Barnes and Noble neglected to donate enough to his candidacy?), as well as the schools (there are private schools), and the police (security guards are readily available on the private market). This is not merely a snarky attack on someone with whom I disagree, but a nod to the very serious problem that these massive companies can push their protectionist legislation everywhere.

Senator Hoyle, the driving force behind using state law to protect incumbent providers like Time Warner and AT&T from competition in broadband admitted his motivation at the beginning of a video from the recent committee hearing available on Stop the Cap!.

In it, the Senator also makes it clear that he is either unaware of what his legislation does or he is lying about it when he claims it does not affect the communities that have already built the most state-of-the-art networks in the state. His legislation would severely handicap each of them from upgrading despite his false claims that they are exempted. The post on Stop the Cap offers more background and discussion and I encourage readers to check it out.

As usual, I'll add my own short commentary about it. I previously explained why this bill's requirement for cities to use General Obligation Bonds is terrible policy.

Senator Hoyle claims the town of Mooresville did not know what they were doing. Listening to his discussion, it is abundantly clear that he doesn't know what he is talking about. I spoke with folks from Mooresville before they bought the cable system and I have spoken with them since. They got screwed by Adelphia and Time Warner in the deal and have had to take on additional debt. However, the idea that they have failed or were foolish in starting the network because they had an operating loss demonstrates the Senator's ignorance on broadband networks.

When anyone takes over a poorly maintained, old network and invests in massive improvements, they will run a loss in the following year, two years, and maybe longer. The massive front end investment takes time to pay off -- there is no other way to build these broadband networks. This is one of the reasons the incumbents are so slow to invest in upgrades. They maximize their profits by upgrading only slowly because the lack of competition gives subscribers no choice but to wait for better service.

Proponents of this bill are all over the map. They have said that using taxpayer money is unfair competition and that people shouldn't have to pay higher taxes to finance a broadband network. Yet this bill would require cities to use General Obligation Bonds to finance networks, meaning that local governments have to back the bonds with taxpayer money -- No Choice. These are mutually exclusive arguments. And such a law would even prevent local governments from partnering with a foundation or receiving federal loans to build a network. Insane.

With regards to the merits of a required referendum, Senator Stein raised a good point 36 minutes into the video that a referendum on this issue has a very powerful interested party with unique access to advertising to influence the issue. As many have noted, previous referendums all over the country, including Longmont, Colorado; Lafayette, Louisiana; the tri-cities in Illinois; and both North St. Paul and Monticello in Minnesota. A referendum in this situation plays right into the all the advantages of incumbent operators.

For those unfamiliar, my report, "Breaking the Broadband Monopoly," examined the many barriers communities already face to building these networks. Communities do not need extra barriers from the state to pile on the existing barriers to building this essential infrastructure.

Fortunately, this important issue is getting some coverage - the Associated Press recently covered it. We can only hope that outside scrutiny will help bury this legislation, increasing the level of broadband competition North Carolina.

This editorial overstates the ease of building a community network but gets the intent of the legislature correct:

This trend is alarming to corporations like Time Warner and others in the broadband business, because municipal systems don't need to make a profit and can get money for infrastructure easily and at cheap rates. It's not, to use a phrase often used in this growing debate, a level playing field.

That's why the telecommunications industry is backing a bill that will force municipal officials to get voter approval before setting up a network like Wilson's or Salisbury's. The sponsors say they're trying to level the field. In reality, in this time of tight budgets and fed-up taxpayers, it's more like kicking local government off the field and eliminating competition.

Open Access: The Third Way

Publication Date: 
February 1, 2010
Author(s): 
Andrew Cohill, Design Nine

Andrew Cohill of Design Nine has released a report about Open Access networks: "Broadband for America: The Third Way." I wanted to highlight this report because open access is an important idea that should be promoted and discussed. I believe open access is the most promising way to create the world most people want to live in - fast and affordable networks offering many choices in services and service providers to all Americans. However, though I hold Andrew in high regard, I have some disagreements with the paper that are noted below.

This paper comes at an important time. For more than a decade, we have ended each year with less broadband competition than we started with. Politicians and regulators have abandoned policies aimed at promoting competition despite their continued lip service in favor of it. Incumbents have more and more power over both subscribers and entire communities.

If we want competition in broadband and cable (and I certainly do!), open access is the only feasible approach. The cost of building the networks is fantastically high whereas the cost of offering services to an additional user are tiny. The result is a network with strong natural monopoly characteristics. Without a network that shares infrastructure (wires, poles, CPE, etc.), the market will trend toward monopoly or duopoly. Wireless complements wired broadband but cannot provide the high speeds and reliability of fiber-optic networks. Even if some metro areas can support multiple networks, most rural areas can barely support one network. Without open access, significant parts of the country cannot have a choice in service providers. Read more...

What Constitutes Socialism?

While I was researching recent developments in the BVU OptiNet, I stumbled across a hilarious comment to a news post. I have tried to track down the original source but have not been able to find anything. I am going to reprint it here, assuming the author would appreciate it...

This was written by someone apparently fed up with all the claims about what is socialism and what isn't. I think it simply serves as a good reminder of the role government plays in our lives -- often transparently.

This morning I was awoken by my alarm clock powered by socialist electricity generated by the public power monopoly regulated by the US Department of Energy. I then took a shower in the socialist clean water provided by the municipal water utility. After that, I turned on the socialist radio to one of the FCC regulated channels to hear what the socialist National Weather Service of the National Oceanographic and Atmospheric Administration determined the weather was going to be like using socialist satellites designed, built, and launched by the National Aeronautics and Space Administration. I watched this while eating my breakfast of socialist US Department of Agriculture inspected food and taking the socialist drugs which have been determined as safe by the Food and Drug Administration.

At the appropriate time, as kept accurate by the socialist National Institute of Standards and Technology and the US Naval Observatory, I get into my socialist National Highway Traffic Safety Administration approved automobile and set out to work on the socialist roads build by the socialist local, state, and federal departments of transportation, possibly stopping to purchase additional fuel of a quality level determined by the socialist Environmental Protection Agency, using socialist legal tender issued by the Federal Reserve Bank. On the way out the door, I deposit any mail I have to be sent out via the socialist US Postal Service and drop the kids off at the socialist public school. If I get lost, I can use my socialist GPS navigation technology developed by the United States Department of Defense and made available to the public in 1996 by President Bill Clinton who issued a policy directive declaring socialist GPS to be a dual use military civilian system to be managed as a national socialist asset.

After spending another day not being maimed or killed at work thanks to the socialist workplace regulations imposed by the Department of Labor and the Occupational Safety and Health Administration, enjoying another two meals which again do not kill me because of the socialist USDA, I drive my socialist NHTSA car back home on the socialist DOT roads, to my house which has not burned down in my absence because of the socialist state and local building codes and socialist fire marshal’s inspection, and which has not been plundered of all it’s valuables thanks to the socialist local police department.

I then get on my computer and use the socialist Internet which was developed by the Defense Advanced Research Projects Administration and browse the socialist World Wide Web using my graphical web browser, both made possible by Al Gore’s socialist High Performance Computing and Communication Act of 1991. I then post on freerepublic.com and fox news forums about how SOCIALISM in medicine is BAD because the government can’t do anything right.

Longmont, Colorado, Considers Muni Broadband

The second line of Rachel Carter's story at TimesCall.com captures the reason we care about community broadband networks:

But others argued that it’s not about whether the city will jump into the cable or Internet business; it’s about giving the city options and giving voters a choice.

Longmont, Colorado, will have a question on its November ballot asking whether the city should have the right to offer retail broadband services. This referendum is a requirement of Colorado state law (passed in June 2005 -- more details about that law from Baller.com [pdf]) for communities that want to offer such services to their community.

A number of people spoke at the city council meeting before they unanimously voted to put the question on the ballot. Responding to some who opposed giving citizens a chance to choose, one Council Member came up with quite the apt phrase:

Councilman Sean McCoy said the Comcast representatives and Denver attorneys who spoke against the ballot question tried to “put a shadow of a doubt” on it by using “red herring” issues. “I believe the concerns are more of an issue of ’not in my monopoly’ more than anything else,” he said.

Longmont has given the private sector plenty of chances to offer the broadband that citizens want - but they have failed to meet community needs. A number of private companies have tried to use the city's assets to build a wireless network: As detailed here, Kite Networks contracted with the city in 2006 to build a wireless network but ran out of money. In 2007, Gobility gave it a shot but also ran out of money. In stepped DHB, who completed the network.

It is not clear what has happened to DHB, but this suggests that many remain dissatisfied:

All council members supported the ballot question, although Mayor Roger Lange and Councilwoman Mary Blue questioned what the city may choose to do in the future. Lange said there are some telecommunications services that the city doesn’t need to jump into, but others — such as wireless Internet — may benefit from the city’s involvement.

Though absentee-owned companies Comcast and Qwest strongly oppose (and will likely fund most opposition) to the ballot measure, a locally owned Internet provider is supportive:

But Vince Jordan, chief executive officer of RidgeviewTel, a Longmont-based wireless network provider, said the city should allow voters to decide how to use city’s assets.

In 1997, the city had a vision to provide advanced technology services to this community, he said, adding that was during a time that he could not get broadband services “to save my life.” But as soon as the city started installing its fiber optic infrastructure, Qwest was knocking at his door. “Competition is a good thing, wherever it comes from,” Jordan said.

All of this provides more proof to our oft-restated claim that citywide wireless has been a problem for everyone, public and private alike. It is no substitute for wired connections but is complementary - offering mobility. This appears to be a major motivation for city, to help muni employees in the field increase productivity.

Wireless Problems Due to Technology, not Ownership

Opponents of publicly owned broadband networks often hold up examples of wireless networks that did not turn out as planned -- more often than not, they ignorantly use examples of privately owned networks like Earthlink networks in Philly, Houston, or proposed privately owned networks in San Fran and Chicago.

It is true that many wireless networks (especially those using Wi-Fi) came in above projected costs and late. It is also true that this happened across all manner of network ownership types. GoMoorhead, a publicly owned Wi-Fi network in Minnesota, was recently sold to a private company - and I am working on a report about that. However, there was also a recent announcement that the privately owned wireless network being built in Burnsville, Minnesota, is behind schedule.

Frontier Communications expects to extend its Wi-Fi hot spot service to Burnsville's performing arts center this fall, but a company official admitted Friday that knitting together complete citywide coverage has gone more slowly than expected.

The phone provider for the southern part of Burnsville as well as Apple Valley, Farmington and Lakeville, Frontier had expected to have 90 percent of the city covered with a network of broadband Internet Wi-Fi hot spots by now.

But Frontier is still moving its wireless service from the south, where it kicked off service in October 2007, into the northern parts of the city.

Additionally, the public-private partnership in Minneapolis remains behind schedule (privately owned but built with substantial amounts of public money).

The problem is the technology - not the ownership. We continue to believe that the future should feature wireless as a complement to the more reliable and faster wired connections that should be available to everyone. But the more we talk to communities, the more we learn that wireless is more difficult to work with and often more expensive than expected.

Municipalities Build what Cities Need

In studying the role of municipalities in broadband infrastructure deployment, it is important to remember that municipalities act with a public motive and not a profit motive. Municipalities invest in schools, roads, hospitals, senior centers, marinas, airports, and convention centers, all assets that positively differentiate one community from another. In those areas, direct investment by municipalities is accepted and indeed often encouraged, even though private firms can (and do) build private schools, hospitals, health clubs, marinas, and conference centers that coexist with municipal infrastructure.

Public Networks are not Subsidized by the Government

I’m very familiar with many government owned telecom operations throughout the world, over many years, and across many different forms of government, and I can tell you that governments generally do not subsidize publicly owned telecommunications. They milk telecommunications - these systems generate a lot of revenue.

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