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Community Broadband Media Roundup - October 17

This week, cities took the stage and made some very important moves to restore their local authority. From cities resisting big media mergers, to those choosing to join the new Next Century Cities initiative, it is a good time to be a part of municipal government efforts. 

Broadband Cities

Boulder, CO officials are looking ahead at their Longmont neighbor's gig network and exploring ways to make sure their own businesses are not left in the dust. Boulder’s chamber is pushing for an approval of ballot issue “2C”. Gavin Dahl of Boulder Weekly writes that the ballot question would open the way for the city to offer competitive gig services, helping the city keep existing businesses happy, and entice others to move in.

But according to Boulder News’, Erica Meltzer, opponents still seem to have their heads in the sand; The libertarian Independence Institute says if there was a market for fiber in the city, “some business” will find a way.  Maybe they think competitive, affordable Internet will just appear.

Meantime, Columbia, Missouri government officials may be facing an uphill battle. The city is exploring how to light its dark fiber infrastructure. Opponents say the plan goes against state restrictions on the city offering such services directly to customers. We believe the move would encourage competition among ISPs that would otherwise not be able to operate because of a lack of capital required to build fiber networks.

Cities choosing to keep ownership of their fiber infrastructures is often a sound decision, and North Kansas City, Missouri residents may soon be appreciating the city’s most recent announcement. In an effort to “give back” to residents, LiNKCity officials say that beginning in 2015 residential customers can get free Internet service. The decision is thanks to a unique partnership with a server farm company. 

From GovTech’s Colin Wood:

“I don’t think I’ve seen anything like this, in fact,” said Chris Mitchell, adding that he guesses DataShack intends to boost profits by gaining more local businesses as customers, and will do so by offering additional services like cloud-based storage -- services the city did not offer.”

Add Baltimore to the list of cities that are “fighting for fiber,” according to the Baltimore Sun’s Scott Dance. The Baltimore Broadband Coalition is working to convince citizens and city officials to explore municipal fiber. Harlem entrepreneurs are exploring how gigabit speeds can be a boon to businesses and startups, but also have a positive community impact:

"A lot of the broadband announcements were around wireless ... and that has a ways to go in terms of being effective…  it's important for the community to understand that broadband is essential to lowering crime, increasing education opportunities and closing the wealth gap."

Just outside of San Antonio, the community of New Braunfels, Texas is moving forward with a feasibility study. And not one but three Connecticut communities are taking broadband futures in their own hands. Mayors from New Haven, West Hartford, and Stamford are banding together to solve the state’s broadband problems. GovTech’s Colin Wood tapped Chris Mitchell for insight:

“I watch with a sort of nervous excitement. It’s exciting to see these cities working together and recognizing that they have a need. But I get nervous because I feel like they’re going to get responses to their RFQ, and the easiest thing to do will be for some ISPs to commit to only building out some areas of town. And I think that’s dangerous fundamentally.”

Next Century Cities

Solidarity and learning from city successes and challenges are core values of the newly launched Next Century Cities initiative. Mayors and city leaders from all over the country converged on Santa Monica, to support each other in their broadband efforts. From Sandy, Oregon to Morristown, Tennessee, 32 cities announced their commitment to six basic principles that will help lead communities to self-determination in their broadband endeavors.

Before heading to Santa Monica, one of the major voices for broadband, Chattanooga Mayor Andy Berke, spoke on a panel in Boston to urge cities to move forward independent of federal programs. Do yourself a favor and head to twitter, type #NCCLaunch and read the stream of comments. Then head to the initiative web page, watch the webcast, educate yourself and urge your city officials to take action.

Comcast/TWC Merger

Franchise agreements between cities and Time Warner Cable may be key to blocking Comcast and TWC’s proposed merger. More and more cities are standing up and demanding real choice in their communities; this week several stepped forward.

According to Ars Technica’s Jon Brodkin, city council leaders in Lexington, Kentucky say TWC’s refusal to address customer service complaints are the reason they are denying transfer of ownership. Consumer advocates like John Bergmayer hope others follow suit. 

"I suppose the broader question is whether a single municipality by itself can stop this merger. Maybe not, but it’s unlikely that any one town would be acting alone. If I were Comcast or Time Warner, I’d be looking nervously at my other franchise agreements in towns around the country, and at the states. Taken together these actions could imperil the merger—and might give the FCC [Federal Communications Commission] and DoJ [Department of Justice] even more incentive to act."

And city council leaders in Worcester, Massachusetts are attempting to block Comcast from entering the area this week as well, it seems “substandard customer service” is finally beginning to bite the company back. The Daily Dot’s Patrick Howell O’Neill has the story:

"It's a terrible company," City Councilor Gary Rosen said. "In my opinion, they should not be welcome in this city. Comcast is a wolf in wolf's clothing; it's that bad. They are awful, no doubt about it. Maybe we can't stop it, but that doesn't mean we shouldn't speak out."

Community Broadband Media Roundup - September 19, 2014

The media is picking up on Chairman Wheeler’s notice to big telecom: 4Mbps is not going to cut it anymore. Wheeler said speeds closer to 10Mbps should be classified as high speed. A good step, but by the end of this Media Roundup, you’ll be questioning what that paltry 10 Mbps can do for communities…

Michael Nielsen with Motley Fool pointed out reasons that big telecom should be scared: competition, competition, competition. Meanwhile, AT&T patted itself on the back because they say 98% of its customers have download speeds of 6 Mbps or higher (so they claim). So yes, congratulations are in order, in the most minor way possible. 

Want another reason big telecom should be scared? Free Marketeers are on board with Net Neutrality. From James J. Heaney: 

“… it seems odd for a conservative – whether an old-guard big-business Bush-era conservative or a new-guard Paulite libertarian conservative – to support Net Neutrality.

Except I do Internet for a living, and I am one of the lucky ones who actually knows what Net Neutrality means and what it’s responding to.  And, folks, I’m afraid that, while L. Gordon Crovitz and Rich Lowry are great pundits with a clear understanding of how Washington and the economy work, they don’t seem to understand how the Internet works, which has led them to some wrong conclusions.”

AT&T/DirecTV Merger:

Ars Technica’s Jon Brodkin reported on our comments about the AT&T/DirecTV merger, noting what the merger could mean for aging infrastructure:

“AT&T’s proposed $48.5 billion acquisition of DirecTV will reduce competition for TV subscribers, increase AT&T’s “incentive to discriminate against online video services,” and give AT&T more reasons to neglect its aging copper network, consumer advocacy groups argue in a petition to deny the merger.”

The Hill also published an article citing ILSR and Public Knowledge’s comments:

‘"[the organizations] told the agency in a petition that the merger would be bad for consumers, especially against the backdrop of other media deals such as Comcast’s bid to buy Time Warner Cable. “Companies may think they need greater scale to enter new markets or keep up with their rivals. But unless they can show how this would benefit consumers, it is immaterial,” they wrote. “If anything, the FCC should be more skeptical of mergers that come in waves, since in the aggregate consumers suffer from a more highly concentrated, centralized marketplace, with fewer choices, homogenous offerings and increased likelihood of coordinated effects.”’

Internet Access Competition Update:

Did you know that communities that have a service provider that offers a 1 Gig service have a per capita GDP that’s 1.1 percent higher than other communities that have little or no gigabit services? That’s the report from Sean Buckley on Fierce Telecom this week.

But cities that didn’t win the “gigabit google lottery” are taking action on their own. According to Denise Linn of Next City, Louisiville has identified three companies that will invest in a gig in areas of town. 

“Though Louisville’s future network will not be supported with public funds (in contrast to projects in Wilson, North Carolina or Lafayette, Louisiana, for example), initial momentum certainly came from the bottom up. Demand for faster speeds was fostered and articulated by the city’s residents, academics and the business community.”

Of course we think a publicly-owned network is a better bet for the city, but this is a good step.

Meantime, a conference on gigabit networks sparked three communities in Connecticut to explore their options. They modeled their request after Louisville.  Fierce Telecom and The Westminster Dispatch had the story: 

"As soon as we started the conversation about gig networks, we heard from businesses, universities, high-tech start-ups, mayors and first selectmen – really such a variety of stakeholders – about how greater Internet speeds at lower costs are essential to their functioning," Katz said in a West Hartford Patch article. "We knew it was an important economic development tool, but we've learned gig networks are also essential for medicine, precision manufacturing, education, e-government, many different people in different sectors clamoring for gig networks."

Jason Myers reported that the initiative is “open to any and all municipalities in Connecticut." Organizers hope that network partners will be encouraged by more cities joining the initiative. 

Big News from the land of 10,000 lakes: Joan Engebretson reported in Next City that Paul Bunyan Communications — a co-op in Northern Minnesota will be home to the nation’s largest public gigabit service as early as 2015. The “GigaZone” will cover about five thousand square miles. 

“Expanding broadband is a great equalizing force for boosting rural economies. Today you don't need to live off a major highway or in a bustling city to find a good job, start a new business, or get a high quality education but today you do need a high-speed Internet connection," said Senator Amy Klobuchar, who has championed the effort of rural broadband access at the national level since being elected.”

Seattle’s new Chief Technology Officer has broadband on his mind. GovTech profiled Michael Mattmiller this week

“The Federal Communication Commission is now considering altering the definition of broadband Internet -- increasing the speed from 4 Mbps to 10 Mbps. For a city to keep up with the changing standards, it must consider new avenues, Mattmiller said, like eliminating red tape. The city council is now reviewing proposed changes to the Seattle Department of Transportation’sDirector’s Rule 2-2009, which made it difficult for broadband providers besides Comcast to develop their networks in the city.”

And finally, we thought Santa Monica’s public network was fast before— now they’re raising the bar yet again. The city now boasts a 100 Gigabit per second fiber network.

“This is only the latest milestone in a long line of advancements Santa Monica has made in the broadband arena. We are considered a leader in social tech and have leveraged our fiber optic network to advance free Wi-Fi in public parks and major bus routes, provide internet to our libraries, and connect our schools and college locations. These efforts have contributed to education, economic development, and provide impressive Internet speeds for large conferences and events. We are proud to be the 1st, 100 Gigabit municipal network in the U.S.,” said Jory Wolf, the City of Santa Monica’s Chief Information Officer.

Let that sink in.

ILSR Statement on FCC Call for More Competition: A Step In the Right Direction

There is little doubt that our readers are aware of Chairman Wheeler's remarks on September 4th at 1776, a start-up incubator in D.C. His message echoed what policy leaders have repeated countless times - competition is lacking in the world of broadband.

Telecommunications has become a popular topic in the past few months as decision makers are discovering that constituents DO care about online access, economic development, and exessive consolidation. ILSR was pleased to see the Chairman address the issue of lack of competition and released the following statement:

The Institute for Local Self-Reliance applauds FCC Chairman Tom Wheeler’s Agenda for Broadband Competition. We feel it is a positive step coming from the nation’s top communications official.  

“These gigabit developments are positive, but they are not yet pervasive,” Wheeler said. “Looking across the broadband landscape, we can only conclude that, while competition has driven broadband deployment, it has not yet done so a way that necessarily provides competitive choices for most Americans.”

Wheeler's recognition that Americans lack a true choice in fast, affordable, and reliable Internet access is an important development. If we want real options for next-generation connectivity, local governments must be free to build then own networks. 

If there is one thing we have learned from the history of essential infrastructure, it is that local governments must have the option of building and owning it themselves. 

Hundreds of communities have already invested in their own fiber networks, keeping money in the local economy and spurring job growth.” says Community Broadband Networks director Chris Mitchell.

Community Broadband Media Roundup - Week of August 29, 2014

"When private industry does not answer the call because of market failures or other obstacles, it is appropriate and even commendable, for the people acting through their local governments to improve their lives by investing in their own future."

~ John McCain, 2005

Wait. What? Brendan Sasso from The National Journal brought up some excellent points this week-- some things we’ve been pondering for a good long while.

Why would so many republican lawmakers who claim to value self-determination and self-rule deny citizens the right to take on Big Telecom? Why would Republicans who rally for smaller government and healthy competition turn around and argue that the State should step in and bar citizens from having their basic broadband needs met?

That quote from Sen. John McCain was spoken when McCain and a bipartisan group of senators (Republicans John McCain, Lindsey Graham, and Norm Coleman and Democrats Frank Lautenberg, John Kerry, and Russ Feingold) introduced a bill to block states from restricting local governments' ability to provide publicly run and funded Internet service. It can be explained pretty simply, According to Sasso: 

“President Obama has taken a position on the issue this time around. That’s why 11 Republican senators are “deeply troubled” that the FCC would "force taxpayer funded competition against private broadband providers."

Municipal Broadband got a shot in the arm this week from the Center for Public Integrity as well. Allan Holmes wrote extensively about how Big Telecom spends millions of dollars in litigation, advertising and lobbying “instead of investing in improving infrastructure in these communities.” 

“On a scale of 1 to 10 on who is the most powerful lobbying presence in Tennessee, AT&T is a 12,” said a long-time lobbyist in Nashville who asked not to be identified so he could speak candidly about lobbying in the state. “They are the big horse in the race, and they are unstoppable.”

AT&T and its president of Tennessee operations Joelle Phillips didn’t respond to CPI emails asking for comment, but Alex Wilhelm of TechCrunch definitely added his own thoughts. He outlines some of his concerns:  

“Increasing competition is good. Helping bring more American citizens onto the Internet at high speeds is good. And it is especially good to bring quick digital access to the world’s information to rural areas that are not currently served by private enterprise. As such, there is a place for municipal broadband in America.

More broadly, if citizens want to come together and build a service for themselves using monies that they elect to raise, they should be able to. I struggle to understand how that idea is controversial.”

The initial comments period for the Time Warner merger plan came to an end Friday. Before it closed, ILSR and 64 other reform groups made their voices heard. Value Walk staff reprinted our comments, the basis of the argument is this:

“The merger would give Comcast too much control over the future of the Internet and communications infrastructure and undermine the diversity of ownership and content in media.” 

We couldn’t have said it better ourselves…

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. 

Comcasts Invests in Theme Parks Rather than Better Broadband

While its network continues to offer last generation speeds at high prices and their customer service reps go viral harassing customers who try to leave their grasp, Comcast executives have decided it is time to invest hundreds of millions of dollars to upgrade... their theme parks. That's right, as they shift call centers to the Philippines to save money, they are reinvesting it into roller coasters.

Having acquired Universal Orlando Resorts as part of their 2011 merger with NBC Universal, Comcast has decided to step outside its core business of providing Internet access, cable TV, and phone service in noncompetitive markets. According to a March CED Magazine article, Comcast plans to invest hundreds of millions in theme parks in both Florida and California in an effort to challenge Disney’s traditional dominance of the field. Attractions in Orlando will include an 1,800 room beach resort and a new Harry Potter ride.

This investment in rides occurs against the backdrop of falling infrastructure investment in the broadband industry, despite rapidly increasing bandwidth demands and claims by ISPs that services such as Netflix are straining their networks and must pay extra for “fast lane” service.

It is possible to imagine a world in which broadband markets are sufficiently competitive to force Comcast, CenturyLink and other incumbents to invest sufficiently in building out and upgrading their networks, delivering better service to their customers. But in our world, Comcast can spend the comparatively small sum of $18.8 million on lobbying (in 2013 according to OpenSecrets.org), becoming the seventh biggest campaign contributor in the nation and pushing legislation like the recent Blackburn amendment that eliminates potential public sector competitors.

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.

Community Networks: Checks and Balances

As both AT&T and Comcast seek to increase their market power by buying rivals instead of competing, Barry Lynn reminds us of our history of fighting such consolidated power. From Cornered: The New Monopoly Capitalism and the Economics of Destruction.

In the modern era in the United States, efficiency was a favorite defense by industrial autocrats like John D. Rockefeller and financial autocrats like J.P. Morgan of their used of corporate power to arbitrarily determine particularly political economic outcomes. The progressive elite, meanwhile, later turned efficiency into a veritable religion.

That's why the American people learned long ago to reject efficiency as either a goal or a means to public or private governance, and why we consistently rejected it for the first two hundred years of our nation. We understood that efficiency was a code word for top-down autocratic rule by the lords and the private corporate estates or the "public" state. Hence we rejected efficiency in the Declaration of Independence and again in the Constitution. We rejected efficiency when we wrote the Sherman Antitrust Act, then reiterated our rejection time and again in our other antimonopoly laws.

The Supreme Court unanimously rejected efficiency as an excuse for industrial dictatorship when it ordered the breakup of Standard Oil despite the fact that the company had lowered the cost of a gallon of kerosene by more than half. The Supreme Court unanimously rejected the efficiency argument again in 1935 when it ruled President Roosevelt's National Industrial Recovery Act unconstitutional. In every case, the American people embraced not efficiency but freedom and moved to protect that freedom through the erection of intricate systems of checks and balances designed to scatter power.

Network Neutrality Update

The FCC is hearing the massive public outcry over its plan that would allow the big cable and telephone companies to create fast and slow lanes on the wires most of us depend on to access the Internet. Chairman Wheeler has made some bold claims that he would not allow commercially unreasonable deals but many doubt the FCC has the authority to enforce his tough talk.

Now we see that FCC Commissioner Rosenworcel wants to slow down the rulemaking for "at least a month" given the outcry.

Resistance to the plan does seem to be building with the emergence of over 100 Internet-dependent companies decrying the possibility of fast and slow lanes. Full letter here [pdf].

Mozilla has developed an alternative approach to reclassification that some are saying just might work, but as a naturally conservative person, I will want to see it vetted by trusted experts like Harold Feld. The main problem with reclassification seems to be that Republicans would demagogue it as Obama attempting to take over the Internet - a problem for Democrats already facing an uphill battle in November.

However, Barbara van Schewick - one of the most knowledgeable people on this matter - makes a strong case for the FCC rebooting the whole process, gathering more input, and ultimately reclassifying Internet access as Title II while forebearing many of the Title II powers that would allow the FCC to wield too much control over access to the Internet.

Much like the FCC has long overseen telephone access without censoring the content of our speech, it would be possible for the FCC to reclassify Internet access without getting involved in content.

However, the larger problem remains - the market power of the massive firms like Comcast and AT&T. As long as they continue to wield the power they do (which will grow if consolidation continues), they will buy support in Congress and use the FCC's revolving door to their advantage; no amount of regulation will ultimately contain them.

To preserve the open Internet over the long haul, we have to reduce the overwhelming power of those companies. We can do that with an "all hands on deck" approach to expanding Internet access - ensuring local governments are free to build their own networks as they choose or partner with trusted entities. On this matter, Chairman Wheeler has said he will use FCC power to remove state barriers to communities make those decisions, a tremendous step forward for preserving the open Internet.

This is a very important moment. We need the FCC to preserve the open Internet by continuing to prevent paid prioritization schemes and we need to create alternative networks to end the cable monopoly and reduce their power in DC and state houses.

Below is an excellent video on this subject that explains the problem and what can be done. As we noted in our podcast with Scott Bradner, the way this video presents the key question of who should pay who represents a break with the past traditions, but it may be time to reconsider who should pay when faced with a cable monopoly for Internet access.

Video: 
See video

No Scale Advantage in Netflix Speed Ranking

Netflix has continued to publish monthly rankings of ISPs average speed in delivering Netflix video content to subscribers. Though they first published data about the largest, national ISPs like Comcast, AT&T, and the link, they have an expanded list with many more ISPs.

I recognize two municipal networks on the expanded list of 60 ISPs. For March 2014, the Chattanooga EPB network is ranked 4th and CDE Lightband of Clarksville, Tennessee, is ranked 7th.

With the exception of Google Fiber and Cablevision, the top 10 are regional or somewhat smaller ISPs. Combined with the significant spread across the rankings of the biggest ISP, we see no empirical evidence for any kind of benefits to subscribers from scale. That is to say, Netflix data shows that bigger ISPs do not deliver better customer experience.

We do see more evidence that fiber networks deliver faster speeds on average, with cable following, and DSL trailing distantly. This is why DSL networks are losing customers where people have a choice and cable is gaining (most often where there is no fiber option).

Any claims by Comcast that allowing it to merge with Time Warner Cable would result in better service should be subject to extreme skepticism. Many much smaller networks deliver faster connections and raise rates far less often that Comcast, which is at the high end of frequency in rate hikes.

The problem with the biggest companies is that they focus on generating the highest returns for Wall Street, not delivering the best experience to Main Street.