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In Chattanooga, EPB Customers Rave, Comcast Customers Livid

Chattanooga's community owned EPB Fiber Network continues to get positive reviews from subscribers in the local paper. And Comcast's customers continue to complain. The Times Free Press Chattanoogan presents a tale of two providers.

The longer letter details the frustration in dealing with Comcast following the failure of their on-demand service. After Comcast didn't resolve the problem over the course of several phone calls, the subscriber was told she would have to pay $30 for a Comcast technician to come to their house, even if the problem was entirely caused by Comcast's network and/or equipment.

The second letter, from Leah, notes that she too suffered at the hands of Comcast's customer service but became EPB customers after a long absence from their home due to damage from the tornadoes of 2011. When they returned home, they went with the community network rather than Comcast.

This is how she reflects on her experience with EPB:

We have had one instance where we needed to contact customer service, and the problem was fixed quickly and easily by the most polite customer service rep I’ve ever dealt with.

Comcast came by recently to offer us a “substantial savings” if we’d make the switch back to them. My question was, why now? I was a customer for years and treated poorly as rates increased exponentially. Now the offer the discount? No thanks.

For the $5 extra per month that we pay for EPB, we receive better features, prompt and polite customer service, and an all around trouble free experience. Thanks EPB!

DC Revolving Door, Comcast, and Campaign Finance Reform

One of the reasons community broadband networks face so many unique hurdles (often created deliberately by states in response to cable/dsl lobbying) is because of the many ways in which campaign finance corrupts our national and state governments.

Community broadband networks are focused on meeting community needs, not sending lobbyist armies into Washington, DC, and state capitals (though one of things we do at the Institute for Local Self-Reliance is offer help to those that do push pro-community agendas in these areas).

To understand why DC is so focused on furthering the corporate agendas of AT&T, Comcast, Time Warner Cable, and others, is to understand the revolving door. (Also, understanding capture -- which we have explained previously.)

In short, many of the people who make decisions about telecommunications policy in DC have worked, will work, or are presently working for the massive companies that effectively control access to the Internet in most of America's communities.

The good folks at Geke.US have created the following Comcast Venn Diagram illustrating a small piece of the DC revolving door.

Comcast and DC's revolving door Venn Diagram

Reforming this system is a deep, seemingly intractable problem. But for those looking for answers, a good place to start is with the work of Lawrence Lessig. I just finished his Republic, Lost, which offers a grand tour of the problems resulting from the present system of campaign finance.

You can also see a number of his presentations here.

His organization, the Rootstrikers aim to get to the root of problems rather than being distracted by trying to fix symptoms of deeper problems. This is precisely what we do with our focus on community networks.

Many focus solely on resolving digital divide issues, improving rural access to the Internet, lowering the cost of broadband, or the various other problems that result from narrowly-focused private corporations owning and controlling essential communications infrastructure with inadequate regulations.

Solving the problem of ensuring all Americans have fast, affordable, and reliable access to the Internet (a goal remarkably consistant with the FCC's supposed mission enshrined in law by the Communications Act), would be remarkably easier in a world where Congress and state legislators were not corrupted by the influence of the campaign finance system. This is why we emphatically support efforts (like those of Lessig) to reform that system.

New Year, Same Lame Cable and DSL Monopolies

It's a new year, but most of us are still stuck with the same old DSL and cable monopolies. Though many communities have built their own networks to create competition and numerous other benefits, nearly half of the 50 states have enacted legislation to make it harder for communities to build their own networks.

Fortunately, this practice has increasingly come under scrutiny. Unfortunately, we expect to see massive cable and telephone corporations use their unrivaled lobbying power to pass more laws in 2012 like the North Carolina law pushed by Time Warner Cable to essentially stop new community broadband networks.

The FCC's National Broadband Plan calls for all local governments to be free of state barriers (created by big cable and phone companies trying to limit competition). Recommendation 8.19: Congress should make clear that Tribal, state, regional and local governments can build broadband networks.

But modern day railroad barons like Time Warner Cable, AT&T, etc., have a stranglehold on a Congress that depends on their campaign contributions and a national capital built on the lobbying largesse of dominant industries that want to throttle any threats to their businesses. (Hat tip to the Rootstrikers that are trying to fix that mess.)

We occasionally put together a list of notable achievements of these few companies that dominate access to the Internet across the United States. The last one is available here.

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As you read this, remember that the FCC's National Broadband Plan largely places the future of Internet access in the hands of these corporations. On the few occasions the FCC tries to defend the public from their schemes to rip-off broadband subscribers, Republicans (joined by a number of Democrats) threaten to overrule what is supposed to be an independent agency to defend the corporations that just happen to be donors to their campaigns.

Back when most assumed AT&T would be able to push its horribly anti-competitive takeover with T-Mobile through an impotent federal government, a few stories exposed the tip of the iceberg of AT&T's astroturf efforts, as with this report from the Center for Public Integrity:

“It is important that we, as Christians, never stop working on behalf of the underserved and forgotten,” the Rev. R. Henry Martin, director of the clinic, wrote to FCC Chairman Julius Genachowski in June. “It might seem like an out-of-place endorsement, but I am writing today in order to convey our support for the AT&T/T-Mobile merger.”

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Not included in Martin’s letter to the FCC was the fact that his organization had received a $50,000 donation from AT&T just five months earlier. Indeed the Shreveport-Bossier Mission is one of at least two-dozen charities that were recipients of AT&T’s largesse and have written in support of the T-Mobile buyout, which will cut the number of national wireless companies from four to three.

When AT&T's wasn't able to buy enough influence with legitimate groups willing to sell out the interests of their members (who would pay more for their communications in a less competitive environment), it would simply create its own groups to push its interests:

AT&T Logo

Tallahassee Mayor John Marks brought an Atlanta nonprofit to the city as a partner in a $1.6-million federal-grant project, saying it would put high-speed Internet into the hands of poor people.

What he didn't say, and now says he didn't know, was that the Alliance for Digital Equality (ADE), in its first three years of existence, was nearly 100-percent funded by AT&T and spent most of its money — four of every five dollars — to pay board members, consultants, lawyers and media companies to push the global communication giant's positions on Internet and wireless regulation. Nor did Marks disclose, initially, that ADE had paid him $86,000 over several years as a member of its board of advisers.

We continue to see these massive companies abuse their market power to increase their prices, knowing that their lobbying arms will continue pushing legislation to stop communities from building their own networks.
Time Warner Cable hiked its rates in North Carolina immediately after passing its legislation to stop communities from building networks. Mediacom raised its prices while it attempts to sabotage efforts in rural Minnesota to build networks in unserved areas. And invented new fees to rip off its subscribers while trying to disrupt a rural fiber-to-the-farm initiative that slightly overlapped some territory in which they have long refused to invest.

Even as profits on cable broadband services approach Exxon proportions, Time Warner Cable has pushed for usage-based pricing to further overcharge subscribers, but mostly to strangle enormously popular competitors like Netflix. CenturyLink is not far behind, with usage caps prioritizing its own video content over competitors.

Verizon Wireless tried to sneak a new fee past subscribers by announcing it just before Christmas but backed down after outraged consumers reacted. One has to wonder whether it would have backed down in a world where AT&T took over T-Mobile, resulting in 3 out of 4 wireless customers being with Verizon Wireless and AT&T. Four competitors isn't the robust competition envisioned by Adam Smith, but it still beats the duopoly dynamic that results from even less competition.

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Speaking of less competition, the recent deal between Verizon and cable companies is troubling. We already knew that FiOS was all but dead, but this deal truly puts a fork in it:

I'll assume that neither cable operators or Verizon are going to let us see the deal fine print to confirm the Times guess, but the logic fits Verizon's strategy. Verizon already cherry picked the most valuable FTTH upgrade markets, and has shown total disinterest in further upgrades. This deal allows them to save money on FTTH upgrade costs, instead soaking up remaining customers with LTE -- which we noted was the plan some time ago. This deal is very bad news to the rural telcos without the cash for large-scale upgrades (CenturyLink, Frontier, Fairpoint, two of which Verizon sold aging DSL networks to), and for satellite broadband providers.

The future of next-generation networks is now only community networks, cooperatives, and some small private networks.

We've long argued that phone and cable companies have systematically overstated their coverage in mapping efforts as part of their effort to blunt any sensible public policy that would result in all Americans having a choice between fast, affordable, and reliable connections to the Internet. The New England disaster called FairPoint is back in the news for overstating the number of subscribers that have access to DSL. The company has not met the requirements it agreed to when purchasing Verizon's lines a few years ago.

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And in the continuing saga of Comcast's growing domination over the information people can access, Bloomberg TV is fighting Comcast's practice of discriminating against channels in which it has no ownership stake. Comcast has long strongly encouraged those who want to put television channels on its lineup to give Comcast a piece of the action, not unlike a mobster encouraging a small business to pay protection money. It wants to continue expanding its role as a gatekeeper to the Internet, particularly in the many areas where people have no real choice from other high speed providers.

And perhaps the best example of why we should not trust these massive corporations to run essential infrastructure is the revelation that AT&T defunded 9-11 call centers in Tennessee to gain a market advantage over competitors, a practice they were previously caught doing, leading to settlements out of court.

These corporations are not evil, they are following a sensible mandate to maximize their shareholder value. It is our government that is not sensible -- entrusting them with the future of Internet access without even bothering to enact the most basic regulations. Communities must continue to wise up and ensure they have the access they need to modern communications -- access that reponds to their needs, not those of distant shareholders.

Comedian Louis CK Takes Internet Seriously

Louis CK, the comedian responsible for the FX show "Louie" and for making people laugh at his brutally candid assessment of how much his young daughter's opinion about anything matters, has bypassed the major studios, channels, and cable distribution systems to sell one of his concerts directly to his fans.

For $5, they can easily download it and can then put it on any medium they choose. Some have put it up on pirate sites so others can use it without paying. But more than enough have paid to make it well worth his while -- as explored by the NY Times media critic, David Carr:

While I was talking with him on the phone Thursday night, he checked his Web site and about 175,000 people had bought his special through PayPal. He expected 200,000 total downloads by the weekend, which meant he would have grossed $1 million. After covering costs of about $250,000 for the live production and the Web site, that’s a $750,000 profit. And he owns the rights, and the long tail of buyers, in perpetuity. The transparency of the enterprise, including its cost in relation to how many people bought in, was the subject of media coverage all last week.

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“O.K., so NBC is this huge company and they have all these studios and these satellites to beam stuff out,” he said, “but on the Web, both NBC.com and LouisCK.com have the same amount of bandwidth. We are equals and there are things you can do with that. This has been a fun little experiment.”

His "fun little experiment" demonstrates the threat posed by the Internet to the old business models of cable companies and content owners like Viacom and Disney. And this is why Comcast's purchase of NBC is worrisome.

Comcast is still fighting for the authority to prioritize some sites over others - it wants to violate the historic principle of network neutrality that prevents a service provider from interfering with what sites a subscriber visits. If Comcast had its way, it would require a taste of the action from Louis CK or could throttle the connections of those users watching his content.

In short, this success story illustrates the threat to the cable business model. Cable has long been the gatekeeper to content - Comcast decides what channels I can choose from. But right now on the Internet, I choose what content I can choose from.

Community networks, which put the public good above maximizing potential profits, are far less likely to interfere in the way that big companies like AT&T have admitted they would like to. It ultimately comes down to whether one views access to the Internet as just another product in the market or as an infrastruture or platform for everything else.

While the FCC should ensure that service providers cannot prioritize some content over similar content (CNN video over Bloomberg video, for instance), communities are smart to establish networks that are locally accountable -- as hundreds of communities already have. Depending on the FCC to police distant corporations is a poor strategy.

Photo used under creative commons, courtesy of Moff on Flickr.

Despite Delays, Dunnellon Builds Muni Fiber in Florida

Dunnellon, a small town in Marion County south of Gainesville, decided to invest in a community fiber network to spur growth and diversify its income stream. Though citizens did not want to cut government services, they have not been pleased at property tax increases.

364 days ago, we published a story discussing their financing.

The town itself is quite small, with 1,733 residents but the network will be serving areas in the County as well. Though AT&T and Comcast offer services in the area, they have big gaps in coverage and apparently the cable television packages are antiquated (only 50 channels???).

An article last year noted Dunnellon's Internet connections will range from 10Mbps to 125Mbps. They hope to sign up 1,647 subscribers within 6 months of launch -- the network is named Greenlight (not sure if they were aware that the city of Wilson, NC, already operates a triple-play FTTH network called Greenlight).

They hoped to launch 6 months ago. Bill Thompson's "Dunnellon dreams of a connectied future," offers a comprehensive look at the promise and the challenges Dunnellon faces.

Dunnellon's city manager comes from Valparaiso, which had a city-owned cable network that upgraded to FTTH. Unfortunately, Dunnellon is in the hard position of building a network from scratch.

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Building a new network requires a massive up-front capital investment - in this case the city will have spent $4.4 million to connect the first connection. Good thing they aren't all that expensive!

The article identifies two main sources of the delays: difficulty in getting on the poles owned by Progress Energy and long delays in receiving the fiber-optic cable they ordered (stimulus projects have hogged the supply). Rather than taking 12 weeks, they had to wait 30. Delays cause problems:

The installation delay has put the city in a pinch with its lender, Regions Bank. The city was scheduled in November to pay back about half of the $1.85 million, one-year note it had spent so far.

But with no customers, the city will not be able to do so on time, Algiere said.

She expects the bank to agree to restructure the loan and grant a one-year delay, at the end of which the city will pay the full amount.

The other two loans were to be paid off in five years and 15 years, respectively.

They network will connect schools and muni buildings first -- other subscribers should be able to sign up before the end of the year.

Like so many other communities, many in Dunnellon appear to be looking at Lafayette for inspiration. I certainly hope Dunnellon can get a similar level of citizen engagement, but few have been able to duplicate the impressive work of Lafayette in that regard.

Longmont Astroturf Opposition Gone in Puff of Smoke

Any hint that the Comcast-funded effort in Longmont to oppose authorizing the City to provide broadband services was anything but an astroturf campaign of lies has evaporated in the wake of its overwhelming defeat.

If there had been a shred of local legitimacy among the "Look Before We Leap" group that was run by Denver-based strategists, it probably would have kept its website up for longer than a few days after the election. If I were them, I would want to keep a record for the future.

But they don't. Because they were just a bunch of paid public relations people working a job. They didn't oppose Longmont's initiative, they didn't know anything about it. They were collecting a paycheck. And this is what they left behind:

Look Before We Leap, disappeared

The Times-Call has a hopeful reflection about the broadband battle (somewhat classier than the hilarious Neener Neener Neener poke at Comcast).

This time, lobbyists for the telecommunications industry spent even more than they did last time -- about $300,000 -- in trying to convince residents that the city having control over its own property was somehow "risky." Obviously, the lobbyists, including the euphemistically monikered Americans for Prosperity, were only concerned about the welfare of Longmont residents and the health of the local economy. They spent so much money to show just how concerned they were.

But the majority of the voters weren't buying what they were selling. People had the audacity to think for themselves and make up their own minds.

Personally, I would thank the anti-2A folks for pouring so much money into the local economy, except most of its spending was elsewhere. They did pop for a few ads in this newspaper, though, so for that they have my gratitude.

The author, Tony Kindelspire, goes on to note just how amazing it was to see everyone unified on an issue.

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Many people who you would typically expect to find defending corporate rights above all else, and criticizing the inefficiency of government, were quite vocal in support of 2A.

As they should have been. Ask a local businessperson how Longmont having its own electric utility is working out for them. We have some of the cheapest rates in the country.

It takes leadership to stand up against big business lobbyists to act on behalf of what you think is right, not what's going to raise you the most amount of campaign cash the next time around. How very, very refreshing it was to see, and I hope it's a lesson that spreads far and wide.

I hate quoting so liberally from an article, but I want to make sure these important words are remembered. I hope the City takes seriously its responsibility to continue involving the public in important decisions about the digital future as it moves forward with the freedom to invest in infrastructure that every community should have regardless of how much money incumbent lobbyists pour into legislatures around the nation.

And I cannot help but remind my readers that this referendum would have failed by Minnesota standards, which requires a 65% supermajority. That is an incredibly tough ask when a major player like Comcast can get 40% of the population to vote for its position by spending a mere $300,000 while having zero support in the community.

Senate to Vote on Giving Internet Governance to Comcast, AT&T

Update: The Senate voted against turning the Internet over to Comcast, AT&T, and other major carriers. How did your Senators vote?

The US Senate began debating network neutrality yesterday - the historic governing principle of the Internet that ISPs should not be allowed to tell their users where they may or may not go and should not prioritize some connections over others merely because it generates more revenue for the ISP.

As Al Franken has said several times, this is the 1st amendment for the Internet - protecting everyone's speech. It prevents a few massive companies (or even local governments where they offer access to the Internet) from exerting too much influence over what subscribers are able to do on the Internet.

Unfortunately, many Senators are campaigning against this principle, in part because they have been misinformed as to what it means and in part because they are getting a ton of campaign cash from corporations that recognize how much more profitable they would be if they could charge users extra to go to YouTube.

There will be a vote today on a resolution of disapproval for the mild network neutrality rules proposed by the FCC last December (which the FCC Chairman chose to water down in part because he thought it would be less controversial -- FAIL).

We would like to recognize some of those who have stood up to protect the open Internet, starting with Free Press.

The American Sustainable Business Council authored an op-ed:

The truth is that if we want to make sure small businesses can grow with the assistance of broadband, the Internet must remain open. We must, as the FCC says, “ensure the Internet remains an open platform—one characterized by free markets and free speech—that enables consumer choice, end-user control, competition through low barriers to entry and freedom to innovate without permission.”

Senator Kerry made an impassioned plea for not turning the Internet over to Comcast and AT&T:

So they're trying to say to the American people that they want to liberate the Internet when, in fact, what they want to do is imprison the Internet within the hands of the most powerful communications entities today to act as the gatekeepers who will control the ability of the Internet to do the very kind of development that brought us here.

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But the reason we have a Google today, the reason we've had this incredible development of Internet retail business, of all of these web sites, of Facebook and so many more is because of the open architecture of access to that Internet. Which, I would remind everybody in America, was created by government money in government research.

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Everything that goes over the Internet today goes either through your telephone at home or television or whatever, through cable, out of your house or the airwaves. But if we're not having an open architecture on the Internet, then the people who control those access points can start discriminating about who gets access at what speed. And if you control who gets access at what speed and begin to charge more for that, you begin to have a profound impact on the ability of any business to develop and a profound impact on the access that consumers have come to anticipate with respect to the Internet.

Minnesota's own Senator Al Franken gave a great speech in addition to publishing an article about the importance of net neutrality:

This isn't a radical concept - it's what each and every one of us experiences every time we use the Internet. Right now, an e-mail from a friend arrives in your inbox just as quickly and reliably as an advertisement from Amazon.com. Consumers can go online and make a reservation at a small fishing lodge in Ely, Minnesota just as quickly as they can at the Hilton.

But many Republicans want to change that so that the large corporations they represent can increase their profit margins at the expense of small businesses and consumers.

To illustrate why net neutrality is so critical to innovation on the web, I like to tell the story of a small online startup that launched in 2005 above a pizzeria in San Francisco. It had a product that now seems simple: it allowed people to upload videos so others could stream them. It was called YouTube - you may have heard of it.

At the time, Google had a similar product - Google Video - but it wasn't as easy to use, so consumers took their business to YouTube. The site took off and, less than two years after it launched, YouTube was purchased by Google for $1.6 billion. Not a bad payday.

But it wouldn't have been possible without net neutrality. If Google had been able to pay Comcast and other large Internet service providers to prioritize its data - and make YouTube's videos load more slowly - YouTube wouldn't have stood a chance. Google's inferior product would have won.

And some have made the connection between Network Neutrality and Occupy Wall Street:

At Occupy Chicago, communications volunteers count more than 33,000 Facebook "likes," 20,000 Twitter followers, and several thousand website hits every day.

So, some are asking, what would happen if the corporate entities that are the targets of protests were able to limit Internet traffic? That was tried at one point by the Egyptian government during the Arab Spring protests, and Betty Yu with the Center for Media Justice says it's a legitimate concern.

The NY Times editorialized on it:

The resolution would render void the modest rules adopted by the F.C.C. in December 2010. Stripped of authority, the commission would have a very difficult time protecting the Internet from those who clamp down on content for ideological reasons or profit. Repealing the rules would free service providers like phone and cable companies to block or slow down their competitors’ content — be it movies, songs or messages — when it is flowing through their broadband pipes.

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The Republican approach goes back to 2002, when the F.C.C., under the Bush administration, made the bizarre decision that broadband Internet communications were not, in fact, telecommunication services under the law. Last year, the F.C.C. had the opportunity to redefine broadband as a telecommunications service, which would allow greater regulatory oversight. Regrettably, it chose not to, and instead passed a limited set of rules that did not ban the practice of paying to move content faster and largely exempted wireless broadband services.

Someone in Longmont Kicks Comcast While Down

Shortly after Longmont voters chose self-reliance despite Comcast's $300,000 campaign of lies to sway the referendum, some anonymous citizen placed the following ad in the local paper.  Cheeky.

Neener neener neener

Border to Border Broadband in Minnesota

Minnesota's Governor Dayton has already done more for expanding broadband access in Minnesota than predecessor Pawlenty who took the "stay quiet and hope for the best" approach to expanding access in our state.

After being prodded by the legislature (including now-Lieutenant Governor Prettner-Solon) Governor Pawlenty appointed an industry-heavy "Ultra High Speed" Broadband Task Force that exceeded the expectations of many, including myself, with its report [pdf]. I give a lot of credit to a few members, especially "Mikey" and Chairman Rick King of Thomsen Reuters, for that report given the constraints of the environment in which it existed.

Minnesota's Legislature and Governor Pawlenty then created some goals for 2015 and generally ceased any work on ensuring Minnesota could meet the goals. However, some departments (like the Department of Commerce) are using that language to prod broadband providers to consider what steps they can take to get us closer. Despite my frustration, I want to recognize those who are doing all they can to expand access to this essential infrastructure.

Fast forward to this week, when Governor Dayton announced a new Task Force that is supposed to really do things (as opposed to the more common Task Force approach of creating the appearance of doing things).

I am heartened by many of the appointees. There are some terrific people, especially some terrific women who are too often under-represented in technology) that will work very hard to bring real broadband to the Minnesotans that either need their first option or a better option.

And they have their work cut out for them. The state has few options to compel investment from a private sector that sees little reason to invest in an industry with so little competition (St Paul has one high-speed provider: Comcast, and one slower, cheaper alternative - CenturyLink).

For instance, rural Kanabec County took the Ultra High Speed Task Force's recommendation and asked its incumbent to partner in providing better broadband. That went over about the same as every other community that has sought a partnership with a big out-of-state incumbent provider. At least CenturyLink did respond, not all incumbent providers have the grace to do so:

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“After receiving your letter I requested that my management team report back to me on the costs associated with your request for a minimum 10 MB speed to every home and business within the county. For proprietary reasons I’m unable to share with you the estimated costs of meeting this goal in Kanabec County.”

The letter continued, “However, I can tell you that it represents many millions of dollars at a significant cost per household or business passed that under current business models do not generate a return on the investment.”

The Task Force will hear strong voices from within and without its members calling on it to reduce government barriers to private sector investment, whether by gutting local authority over rights-of-way or other means. I encourage it to tell the state to first, get out of the way of communities that want to build their own networks.

Any community that has the willingness to invest in itself should have that right. There is no reason for the state to prefer that massive out-of-state companies with poor track records in Minnesota build networks rather than the communities themselves. The community has a much greater incentive to invest today and tomorrow in modern technologies. Whereas private companies are looking for handouts to serve places like Sibley County, Sibley County is just looking for the state to get out of the way.

Requiring a 65% referendum for a community to build its own network is ludicrous -- and it is Minnesota law. We are the only state in the nation with a supermajority requirement for a community to build essential infrastructure. I just wrote about Longmont, where their massively successful referendum campaign got 60% of the vote -- a loser in Minnesota. Despite absolutely no support from any local leaders, Comcast was able to get 40% support by simply outspending the grassroots community broadband movement $300,000 to $5,000.

Removing this barrier to local authority for community broadband will not bring border to border broadband -- many communities simply do not want to take on the responsibility of building a next-generation networks -- but it will certainly bring us closer, and it will bring much better networks to those communities that are willing to step up and invest in themselves.

Photo by Jackanapes, used under creative commons license.