The following stories have been tagged resolution ← Back to All Tags

Chattanooga Will Ask FCC to Preempt State Barriers in Tennessee

Since January, when the DC Circuit Court of Appeals suggested the FCC has the authority to preempt state anti-muni laws, local communities have publicly supported the notion. Chattanooga's Electric Power Board (EPB) will join those communities when it petitions the FCC to preempt similar laws in Tennessee, reports The Center for Public Integrity.

Danna Bailey, vice president of corporate communication at EPB recently told The Center:

“We continue to receive requests for broadband service from nearby communities to serve them,” Bailey said. “We believe cities and counties should have the right to choose the infrastructure they need to support their economies.”

Chattanooga, one of the publicly owned networks that have inspired FCC Chairman Tom Wheeler, has proved itself as a strong economic development tool. According to the article:

A day after his meeting with Berke, Wheeler wrote in his blog, “I believe that it is in the best interests of consumers and competition that the FCC exercises its power to pre-empt state laws that ban or restrict competition from community broadband. Given the opportunity, we will do so.”

A number of other communities with municipal networks, or in the process of deploying them, have passed Resolutions that support the FCC:

In addition to communities with firsthand experience, the American Public Power Association (APPA) also passed a Resolution in June, urging Congress, the FCC, and the Obama Administration to unequivocally support:

…the ability of local governments, including public power utilities, to provide advanced communications services that meet essential community needs and promote economic development and regional and global competitiveness. 

The U.S. Conference of Mayors passed a similar Resolution at its annual meeting in June, which read:

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.

Soon after, a coalition from the National Association of Telecommunications Officers and Advisors (NATOA), the National League of Cities (NLC), and the National Association of Counties (NACo) joined together for a letter of support to Chairman Wheeler:

The importance of Internet choice at the local level has never been more important. In many places in the U.S, locally-driven projects—including innovative partnerships with private sector companies—have demonstrated that local creativity and local authority is a viable means by which new next-generation broadband infrastructure can emerge.

Fortunately, support is also coming from DC. In late June, a collection of Senate and House Members penned a letter to Chairman Wheeler, asking him to take action and begin the process. In a statement fully supported by the Institute for Local Self-Reliance, the Members wrote:

Communities are often best suited to decide for themselves if they want to invest in their own infrastructure and to choose the approach that will work best for them. In fact, it was the intent behind the Telecommunications Act of 1996 to eliminate barriers to entry into the broadband market and promote competition in order to stimulate more innovation and consumer choice. We urge you and your colleagues to utilize the full arsenal of tools Congress has enacted to promote competitive broadband service to ensure America’s communities obtain a 21st century infrastructure to succeed in today’s fiercely competitive global economy.

Local communities, regional coalitions, and federal leadership all recognize the importance of local Internet choice. The country is ready for the next step, Chairman Wheeler. We support you!

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.

APPA Adopts Policy Resolution Supporting Municipal Broadband Services

As the FCC considers its next move in the question of local telecommunications authority, a growing number of organizations are expressing their official support. The American Public Power Association (APPA) recently passed a resolution supporting the doctrine that local communities should not be precluded by states from investing in telecommunications infrastructure.

The APPA official resolution, approved by members on June 17, urges Congress, the FCC, and the Obama Administration to officially support the ability for public power utilities to provide advanced communications services. The resolution states:

That Congress should state in clear and unequivocal language that it supports the ability of local governments, including public power utilities, to provide advanced communications services that meet essential community needs and promote economic development and regional and global competitiveness. 

You can read the entire resolution, calling for updates to the Telecomunications Act of 1996, at the APPA website.

City of Urbana Passes Resolution Supporting FCC Section 706 Authority

The Illinois community of Urbana, home of UC2B, recently passed a resolution in favor of FCC's section 706 authority. The community's fiber project is bridging the digital divide in this community of 41,000.

On March 17, the City Council voted unanimously to support the FCC as it considers action to discourage, prevent, and remove state legislative barriers that block municipal networks. 

The language is similar to resolutions from communities such as Sebewaing, VidaliaAmmon, and Moultrie. Urbana noted in its resolution that it has made substantial efforts to bring access to more people in the community.  We interviewed Carol Ammons from the U-C Independent Media Center and Brandon Bowersox-Johnson from UC2B in episode 42 of the Community Broadband Bits podcast. Chris, Carol, and Brandon discussed the way the community is capitalizing on the rare urban FTTH network.

RESOLUTION NO. 2014-03-017R

A RESOLUTION TO SUPPORT FCC EFFORTS IN PROTECTING LOCAL AUTHORITY

TO BUILD BROADBAND INFRASTRUCTURE

WHEREAS, the universal availability of affordable high speed Internet access for all citizens has been identified as a national priority; and

WHEREAS, community/municipal broadband networks provide an option for market competition, consumer choice, economic development, and universal, affordable Internet access; and

WHEREAS, historically, local governments have ensured access to essential services by banding together to provide those services that were not offered by the private sector at a reasonable and competitive cost. This involvement has included electrification, public libraries, and other important services; and

WHEREAS, residents of Urbana have a history of advocacy for expansion of Internet access worldwide and the City has invested in local projects to achieve broader access that would not have been realized using private investment alone; and

WHEREAS, local government leaders recognize that the ability to thrive economically and to improve quality of life depends on connecting their communities, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, attempts have been made in other states to limit or stop further local government deployment of municipal Internet services through legislation, which has the potential of reducing the ability of local government to provide important information and services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF URBANA, ILLINOIS, supports FCC efforts to ensure local governments are able to invest in essential Internet infrastructure, if they so choose, without state-imposed barriers to discourage such an approach.

Louisiana and Michigan Towns Pass Resolutions to Support Municipal Network Authority

Two more communities have gone on the record as supporting local authority for telecommunications infrastructure investment. Communities in Vidalia and Sebewaing passed resolutions supporting the FCC's efforts to use its authority to discourage, prevent, and remove state barriers.

Vidalia, on the west side of the Mississippi in Louisiana, recently began offering free Wi-Fi in its new sports complex and along its riverfront. According to Mayor Hyram Copeland, the lack of free public access left local leaders feeling behind the times. From a Natchez Democrat article in February:

“I was embarrassed to say, ‘No,’ but now I can say we do,” Copeland said. “But the end result of all this is that we will have moved this community forward.”

Vidalia seeks funding for a fiber network. Apparently, they are ready with a design and have the technical expertise in-house, but lack of funds have held up the project.

Vidalia's Resolution is almost identical to those in Ammon, Moultrie, Westminster, and Chanute.

Vidalia Seal

We reported on Sebewaing, located in Michigan's "thumb," last summer. The community runs its own electric utility and, due to lack of interest from incumbents, decided a FTTH network was a project they needed to pursue. According Melanie McCoy, from Sebewaing Light and Water, the project is proceeding as planned.

Sebewaing's Resolution uses the same language to address the points we see in Resolutions from the other communities: the need for better access, the importance of broadband infrastructure to local economies, and the important role of local government in the decision making process. Each community has expressed its support of the FCC's decision to exercise its authority under Section 706 of the 1996 Telecommunications Act.

Georgia and Idaho Communities Pass Resolutions in Support of Local Authority

Two more communities recently passed resolutions in support of local authority for broadband networks.

We have written about Ammon and its open access network in southeast Idaho. The municipal network connects anchor institutions and wireless towers in the community of approximately 14,000 people. Chris spoke with Bruce Patterson, Ammon's Technology Director, in Episode 86 of the Community Broadband Bits podcast.

Their Resolution 2014-0005, signed by Mayor Dana Kirkham, reads:

WHEREAS, the universal availability of affordable high speed Internet access for all citizens has been identified as a national priority; and

WHEREAS, community/municipal broadband networks provide an option for market competition, consumer choice, economic development, and universal, affordable Internet access; and

WHEREAS, historically, local governments have ensured access to essential services by banding together to provide those services that were not offered by the private sector at a reasonable and competitive cost. This involvement has included electrification, water supply, public libraries, and other important services; and

WHEREAS, the City Council of the City of Ammon recognize that their economic health and survival depend on connecting the community, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, state constitutions and state statutes exist that may limit or prohibit local government deployment of municipal Internet services, which has the potential of prohibiting or limiting the ability of local government to provide important information and services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED that the City of Ammon supports FCC efforts to ensure local governments are able to invest in essential Internet infrastructure, if they so choose, without state-imposed barriers to discourage such an approach.

In Georgia, Mayor William M. McIntosh of Moutrie also signed a similar resolution on March 4th. Moultrie is part of the Community Network Services (CNS) region where member towns in Thomas County enjoy the benefits of a municipal network.

We spoke with Mike Scott, Moultrie City Manager, in episode 39 of the Broadband Bits podcast. Scott told us how local government, schools, and residents enjoy services the large corporate incumbents would not provide.

Nearby Thomasville was able to eliminate a city tax due in part to savings and revenue directly related to the network.

CNS Logo

Moutrie's Resolution R03-2014-02 language:

WHEREAS, the universal availability of affordable high speed Internet access for all citizens has been identified as a national priority; and

WHEREAS, community/municipal broadband networks provide an option for market competition, consumer choice, economic development, and universal, affordable Internet access; and

WHEREAS, historically, local governments have ensured access to essential services by banding together to provide those services that were not offered by the private sector as a reasonable and competitive cost. This involvement has included electrification, water supply, public libraries, and other important services; and

WHEREAS, historically, local government leaders recognize that their economic health and survival depend on connecting their communities, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, attempts have been made at the state level to limit or stop further local government deployment of municipal Internet services through legislation, which has the potential of reducing the ability of local government to provide important information and services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED that the City of Moultrie supports FCC efforts to ensure local governments are able to invest in essential Internet infrastructure, if they so choose, without state-imposed barriers to discourage such an approach.

As more communities pass resolutions, we will share their activities. If your community has officially stated that it supports the FCC in its efforts to restore local authority, let us know so we can spread the word.

Kentucky Municipal Utilities Association Passes Resolution Favoring Local Control in Telecommunications

We recently reported that local leaders in Chanute and Westminster had passed resolutions supporting the FCC as it considers its authority. The Kentucky Municipal Utilities Association (KMUA) passed a similar resolution on February 28th.

KMUA members include 45 city-owned utilities including electricity, water, wastewater, natural gas, and telecommunications services. Members include places our readers are familiar with - Franklin, Glasgow, and Russellville - in addition to a lengthy list of other Kentucky communities.

The KMUA is publicly offering its support to the recent court decision finding that the FCC has the authority to remove or prevent state barriers.

The resolution reflects one of the KMUA credos, as listed on their website:

KMUA opposes any action, legislative or administrative, which would curb, limit, or remove local control of the operations of municipal utilities from their citizen owners. 

We expect to see more resolutions like this as communities decide to go on record. The language is very similar to the Chanute and Westminster resolutions. We have made the document available below.

Westminster and Chanute Pass Resolutions Supporting FCC's Authority to Remove State Barriers

In light of the recent announcement, community leaders in Maryland and Kansas are rallying behind the FCC as it considers its authority under Section 706 of the 1996 Telecommunications Act. In a show of support, the Westminster Mayor and Common Council passed Resolution 14-01, a statement in support of restoring and preserving local authority to build networks. Twelve hundred miles away in Chanute, the City Commission took the same action with Resolution 2014-17.

Readers will remember Westminster as the central Maryland town that has carefully progressed forward in realizing better connectivity. The community recently approved a fiber pilot project as a way to test the water. Our contact in Westminster, Dr. Robert Wack, reported that interest in the network has blossomed even before the start of construction. The network has already attracted one new employer from New York.

Our 2012 case study, Chanute’s Gig: One Rural Kansas Community’s Tradition of Innovation Led to a Gigabit and Ubiquitous Wireless Coverage, tells the story of how the community incrementally built a world-class network. Without borrowing or bonding, Chanute's next-generation fiber network has enhanced education, economic development, and saved millions of taxpayer dollars.

This legislative session, Chanute has contended with threatening state legislation that could derail their expansion plans. The community is very close to a project that would offer fiber services to every premise in town.

Westminster Seal

Westminster's resolution, passed unanimously on February 24, reads:

RESOLUTION NO. 14-01 RESOLUTION of The Mayor and Common Council of Westminster

SUBJECT: STATEMENT IN SUPPORT OF THE FCC RESTORING AND PRESERVING LOCAL AUTHORITY TO BUILD NETWORKS

WHEREAS, the universal availability of affordable high speed Internet access for all citizens has been identified as a national priority; and

WHEREAS, community/municipal broadband networks provide an option for market competition, consumer choice, economic development, and universal, affordable Internet access; and

WHEREAS, historically, local government leaders recognize that their economic health and survival depend on connecting their communities, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, attempts have been made at the state level to limit or stop further local government deployment of municipal Internet services through legislation, which has the potential of reducing the availability of local government to provide important information and services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED that the City of Westminster supports FCC efforts to ensure local governments are able to invest in essential Internet infrastructure, if they so choose, without state-imposed barriers to discourage such an approach.

Local Authority

Chanute's resolution was very similar with special attention focused on local authority:

Preserving Local Control and Restoring Community Determination for Broadband Deployment

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, community/municipal broadband networks provide opportunities to improve and encourage innovation, education, health care, economic development, and affordable Internet access; and

WHEREAS, historically, the City of Chanute, has ensured access to essential services by providing those services that were not offered by the private sector at a reasonable and competitive cost. Chanute’s infrastructure investments have included electricity production and distribution, gas distribution, water treatment and distribution, wastewater collection and treatment, sanitation and landfill, streets, parks, and other vital community services; and

WHEREAS, local government leaders recognize that their economic health and survival depend on connecting their communities, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, the universal availability of affordable, high speed internet access for all citizens has been identified as a national priority; and

WHEREAS, attempts have been made at the state level to limit or stop further local government deployment of municipal Internet services through legislation, which has the potential of reducing the ability of local government to provide important services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Chanute, Kansas, supports FCC efforts to ensure local governments are able to invest in essential telecommunications infrastructure, if they so choose, without state-imposed barriers to discourage such an approach.

ADOPTED by the Governing Body on February 24, 2014.

Communities know their futures depend on the ability to bring fast, affordable, reliable access into their community. Because local leaders recognize that large corporate providers seldom build past low hanging fruit, a growing number now invest in their own infrastructure.

In Georgia, Tech City Opposed HB 282 With Official Resolution

We were happy to report when HB 282 failed to advance on the floor of the Georgia General Assembly House in a bipartisan vote. We were equally pleased to learn that at least one Georgia community passed an official resolution opposing the bill while it was making its way through the committee process. 

Alpharetta, an Atlanta suburb, is home to 57,000 people and calls itself the "Technology City of the South." The community has no municipal network and no current plans to invest in one, but nevertheless passed a resolution on February 25th which opposed HB 282.

A Bob Pepalis article on the decision quoted Councilman Jim Gilvin:

"Once again I think this is just a state legislator jumping into local business. And I appreciate their concerns, but we do a pretty good job around here, I think. And if residents don't think so, they will be more than happy to let us know," Gilvin said. "I'd appreciate it if they'd just let us handle our government."

Pepalis heard similar sentiments from Councilman Chris Owens via email

"This goes not only beyond local control, but also impacts our ability and other communities ability to be masters of our own destiny and influence on development as well as provides services to their constituents, both residential and commercial," Owens said. "If that's something in a community's best interests, who better to make that decision than a community rather than the state on behalf of the community."

First, the resolution [PDF] sums up the real world affects of the proposal, if it had passed:

WHEREAS, House Bill 282 would tie the hands of municipal officials in their efforts to build digital networks they need to attract economic development and create a high quality of life for their citizens; and

WHEREAS, House Bill 282 is a bill that would undermine self-determination of cities in the digital age as illustrated by the following:

  • Before a city could provide new high speed Internet, cable, telecom or broadband service, it would be required to:

-Receive the permission of the Public Service Commission; and

-Prove to the Public Service Commission that each census block the city wants to serve has no existing broadband service (Census blocks are the smallest geographic area the Census Bureau uses for data collection. There are 291,086 census blocks in Georgia).

  • Existing local government cable, high speed Internet, telecom and broadband providers would be subject to the following service area restrictions:

-A city would not be allowed to expand its network to provide service to any customers unless the customers have no existing broadband service, regardless of the speed; and

-The city would not be allowed to provide the service even within the city’s boundaries.

Alpharetta seal

The resolution also called out the bill's authors and supporters:

And WHEREAS House Bill 282 would reduce Georgia's competitiveness and ability to attract new jobs as illustrated by the following:

  • Many Georgia communities have slow or limited access to the Internet compared to regional and international peers. This Bill sends a strong state message to these areas – “we don’t care.”
  • This is an effort to “protect” profits for private companies and ignores the economic development challenges many communities face.
  • The final report of Governor Deal’s Competitiveness Initiative indicates that many parts of rural Georgia are at a disadvantage because of a lack of broadband service. House Bill 282 would limit the ability of communities to bridge the digital divide where private providers have decided those investments do not fit their business model.
  • While the proposed legislation purports to exclude “unserved” areas from its purview, the definition of “unserved” is so narrow that virtually no community would ever fall under the exception.

NOW, THEREFORE, the Mayor and Council hereby RESOLVE that the passage of House Bill 282 (Preemption on Municipal Broadband), as well as any similar legislation, is hereby opposed as not being in the best interest of the City of Alpharetta and other municipalities within the state; and IT IS FURTHER RESOLVED that a copy of this Resolution be delivered to members of the City’s local delegation.

While resolutions like Alpharetta's are not the only contributing factor to a state bill success or failure, it is another tool in the toolbox for local leadership. In addition to raising awareness at the local level, official resolutions give state and federal leaders a clear indication of how their constituents feel about specific proposals, providing a hook for media to cover the larger story.

Lafayette Republicans and Democrats Joined Forces for Fiber

Earlier this year, we published a case study that examined the LUS Fiber network and its origins. In it, we noted that both Republicans and Democrats backed the plan but here we focus on their resolutions in support.

Back in early 2005, Lafayette was preparing for a referendum on whether the city owned utility should issue bonds to build a FTTH network. Though Cox cable and BellSouth (now AT&T) were running a fierce campaign to scare voters, both Republican and Democrat parties in the community came together to support the community owned network -- both found ways of incorporating this important investment into their political philosophies.

In February, the Democrats were the first to pass a resolution supporting the city's fiber optic plan [pdf]. Recall that Joey Durel (the mayor then and now) is an ardent Republican.

We, the members of the Lafayette Democratic Parish Executive Committee, believe the project will enhance businesses, enrich our lives, and prepare our children for the future. With proper planning, future generations will see profits generated by this project stay in this community and improve businesses and lives for generations to come.

Improving local communities has been the traditional purpose of the Democratic Party. With that in mind, we commend City-Parish President Joey Durel for his bold initiative to make this plan a success.

A few weeks later, the Lafayette Republican Party endorsed the network [pdf] as well:

Lafayette Republican Party seal

... Whereas, the “Fibre Optic to the Home” service would create the potential for new economic opportunity for Lafayette, and in our opinion far exceeding the financial risk,

Whereas, we believe the LUS Plan represents an investment in infrastructure as opposed to direct competition between government and private business, which would violate a basic principle of Republican Philosophy,

Be it Resolved this 10th day of March, 2005, the Lafayette Parish Republican Executive Committee (RPEC), endorses and supports the effort by the Lafayette Utility System to make “Fibre Optic to the Home” services a reality for the citizens, institutions of learning and business’ of the City of Lafayette and beyond as time and resources allow.

With those resolutions, the parties released a joint letter of support and "Request for City Residents to Vote YES" on July just before the referendum.

Dear Lafayette Residents,

We all have a unique opportunity together, to make a decision for our city and ultimately our region by voting in favor on the LUS Fiber To The Home & Business Initiative in the upcoming Bond Election.

While our committees came to our conclusions differently - BOTH parties agree that this opportunity is good for Lafayette. This decision is landmark and we have the ability to set our community apart and distinguish ourselves for many years to come as a leader in technology innovation and implementation.

Because Fiber To the Home & Business is truly a “tide that will lift all boats”, create competition, lower costs, and improve Lafayette’s technological infrastructure, we ask that you make a concerted effort to get out and vote “YES”, whether you are voting absentee, from Tuesday, July 5th – Saturday, July 9th, or at the polls on Saturday, July 16th.

The referendum passed by a 62% - 38% margin. The grassroots organizing in Lafayette was unlike anything we have seen anywhere else, which is why we so often return to stories about LUS Fiber (see related stories).