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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.

Kansas Community Benefits from Community Owned Networks

Even though the Kansas cable lobby have temporarily retracted their competition-killing telecom bill, we still want to highlight the benefits of preserving full home rule, local authority by focusing on a number of communities, including Chanute, Ottawa, and Erie.

Chanute

We have reported on Chanute's municipal network for years. The community leveraged its electric utility assets and incrementally built an extensive publicly owned gigabit fiber network. Over several decades, the community expanded its network to serve schools, libraries, local government, and businesses. Chanute took advantage of every opportunity and created a valuable asset with no borrowing or bonding.

Several business, including Spirit AeroSystems, chose to locate in Chanute because of its incredible fiber network. Spirit brought approximately 150 new jobs. The network also retained jobs when incumbents refused to provide needed upgrades to local businesses. Rather than leave town, the businesses connected to the City's network and increased their productivity. 

Former City Manager J.D. Lester referred to municipal broadband as “the great equalizer for Rural America,” saying: “You don’t have to live in Kansas City to work there.” (See our case study Chanute's Gig: One Rural Kansas Community's Tradition of Innovation Led to A Gigabit and Ubiquitous Wireless Coverage [PDF])

Kids in Chanute have access to connectivity other schools can only dream about. The local community college has expanded its distance learning program with higher capacity broadband. Free Wi-Fi hotspots are all over town; money otherwise sent to distant providers stays in the community. Chanute has invested in a WiMAX wireless system that serves public safety all over the region, not only in town. Their other utilities use the network for automatic metering and SCADA applications, saving energy and allowing customers the chance to reduce utility bills.

Chanute Logo

In addition to savings public dollars by reducing the cost of municipal connectivity, the broadband utility generates $600,000 and contributes 5 percent of that to the general fund.

Community leaders recently began planning for a FTTH expansion to bring fiber Internet to every home in town. If SB 304 finds its way into the books, those plans will be derailed and residents will be left with slow cable and DSL access.

Erie

Erie, southeast of Chanute, also utilizes Chanute's extensive fiber network for affordable school connectivity. When it was time to upgrade, Erie approached incumbent Cox. Cox's proposal for 100 Mbps to the high school alone was $5,000 per month. With its microwave network, Chanute is able to provide Internet service to the Erie community where already fiber connects the school facilities. Chanute serves Erie's high school, grade school, administration offices, and the bus barn where students learn auto mechanics. Like Chanute schools, Erie is guaranteed 100 Mbps but able to burst up to 300 Mbps when capacity allows. Erie pays only $5,100 per month and 80% of its connectivity fee is reimbursed by the federal E-rate program.

Ottawa

Inspired by Chanute's success, nearby Ottawa launched its fiber network in 2013. Ottawa joined forces with its school district and county government. Ottawa used an existing patchwork school district and county fiber, linking them together as a community network backbone. Each entity retained ownership of their resources but shared fiber strands with the City.

Ottawa businesses were dissatified with services from incumbents who were not interested in upgrading. Choices were expensive and slow T1s or an uber expensive DS3. Multiple appeals to incumbent AT&T yielded no results.

Schools, the area community college, and a farmers' cooperative connect to the network for better capacity and lower prices than AT&T will offer. The school district has cut its connectivity fees in half from $6,000 per month to $3,000 per month, by switching to Ottawa as a service provider. They now receive double the speed they used to purchase because the community network takes a much different approach than AT&T. From our April 2013 article on Ottawa:

Ottawa followed Chanute's example by providing a floor instead of a ceiling as the foundation for service. In other words, customers contract for minimum capacity but are allowed to burst to whatever capacity is available at any given time. For example, the School District will soon connect with a minimum 250 Mbps with the ability to burst to 500 Mbps.

Kansas Anti-Competition Bill Authored by Cable Lobbyists

We learned a lot today about the anti-competition bill (SB 304) in Kansas to limit Internet network investments. Ars Technica's Jon Brodkin discovered the source of the bill, the Kansas Cable Telecommunications Association:

That's a lobby group with members such as Comcast, Cox, Eagle Communications, and Time Warner Cable. The bill was introduced this week, referred to the Committee on Commerce, and scheduled for discussion for Tuesday of next week.

That hearing will now be delayed as the cable lobbyists strategize on a bill that less transparently serves only their interests. As usual, we see the cable lobbyists claiming that municipal networks use taxpayer dollars, despite the reality that most do not.

Much of what I see in Kansas points to Time Warner Cable being behind this - a lame attempt to stop Google Fiber using lobbying power rather than innovating and investing. However, the bill has tremendously negative implications for rural Kansas because local governments are often the only entities that care if their communities have the Internet access they need in the modern economy.

It stretches credulity to think Kansas would pass a bill that would prevent Google from expanding its network in the region. But we have seen a number of states (ahem, North Carolina) pass cable-authored bills that prevent communities from building fiber optic networks if they have anything faster than dial-up available in even part of town.

The cable lobby would consider it a win if they can still push a bill through that would kill municipal networks while allowing approaches like Google Fiber and Wicked (in Lawrence) to expand.

Fortunately, Google has a history of opposing restraints on local authority to build networks and it is part of a business coalition opposing this bill. As with most Americans, that coalition believes any decision on whether a network is a wise investment should be made locally, not in Topeka or in DC.

Craig Settles' had a Chanute official on the Gigabit Nation audio show to discuss the bill and impact on rural Kansas:


Online Internet Radio at Blog Talk Radio with cjspeaks on BlogTalkRadio

Others writing about this bill and negative impact on Kansas included Karl Bode at Broadband Reports, the Consumerist, Newspoodle, and Daily Kos.

And finally, Chanute created a video about this bill:

Video: 
See video

Early Reactions to Anti-Competition Broadband Bill in Kansas

Following the introduction of SB 304 to limit investment in Internet networks in Kansas, which we covered on Tuesday, we saw some early reactions from those who fear the bill will effectively stop new investment in networks, much to the benefit of the big cable and telephone companies already providing service.

We quickly saw a new Facebook page - Kansans for Broadband Access - and a related website by the same name.

In Chanute, a rural community with an impressive municipal network serving businesses and anchor institutions, the local paper covered overwhelming disapproval.

The city opposes the bill because it’s legislation that allows lawmakers in Topeka to define what local communities can or cannot do.

“It’s about home rule, local choice,” Chanute Utilities Director Larry Gates said. “It’s not about what happens in Topeka.”

And a local business weighed in, noting that the City service is essential because the private providers have refused to upgrade and offer modern services:

Phil Jarred of Jarred Gilmore & Phillips PA said the two private companies providing internet services, CableOne and AT&T cannot meet the needs his business requires.

“Both services are not fast enough,” Jarred said. “It costs us too much not to have the fiber optics.”

Stacey Higginbotham at GigaOm noted that it curiously bans both municipal networks and the types of partnerships that Google and Kansas City formed, finishing with "it looks like incumbent providers are fighting back with politics."

This is nothing new of course - companies have sought for years to protect their businesses with laws limiting the competition rather than investing or being innovative. But when it comes to an essential infrastructure, we should be particularly careful.

In Kansas, Chanute One Step Closer to FTTH

Chanute's City Commission voted on November 25th to move forward with plans for a FTTH network. The community of approximately 9,000 began installing fiber in 1984 for electric utility purposes. They have slowly expanded the network throughout the community. Chanute's fiber and wireless broadband utility now serves government, education, and several businesses. We documented their story in our case study, Chanute’s Gig: One Rural Kansas Community’s Tradition of Innovation Led to a Gigabit and Ubiquitous Wireless Coverage.

Beth Ringley from The Motive Group presented its feasibility study to the City Commission at the meeting. The proposal includes smart grid technology to support Automated Metering Infrastructure for the municipal electric, natural gas, and water utilities and enhanced triple-play service offerings. City leaders hope to eventually support multiple providers via the infrastructure.

The Motive Group predicts a 35% take rate with 5,000 premises passed. The estimated cost will be $19.5 million; revenue bonds would finance the deployment. Business models predict a positive cash flow after six years with capital costs paid off in approximately 20 years.

The City Commission voted unanimously to allow the City Manager to move forward by investigating financial options for the project and make recommendations for Commission approval. The City Manager will also proceed with negotiations with vendors needed to construct and manage the project. 

The City Commission meeting is available online. Discussion about the proposal begins approximately one hour into the meeting. You can also view slides of The Motive Group Presentation in the meeting documents.

Broadband Communities Magazine Spotlights ILSR's Chanute Report

We are pleased to announce that an excerpt of our report, Chanute's Gig: One Rural Kansas Community's Tradition of Innovation Led to A Gigabit and Ubiquitous Wireless Coverage, is now highlighted in the newest Broadband Communities Magazine. The November/December 2012 issue focuses on economic development.

Editors chose our report because it shows how a community can successfully develop a network to address community needs. The result is greater economic development and a range of increased community benefits. In addition to our report, several other articles focus on economic development and come from authors such as Reed Hundt and Blair Levin, Doug Adams and Michael Curri, Ken Demlow, Craig Settles, and David Moore.

You can access the digital edition online and see the entire issue table of contents at Broadband Communities Magazine Online.

You can still download the full report from the ILSR website and check out some of our other resources including case studies, fact sheets, video and audio.

New Fact Sheet: Community Broadband and Public Savings

We have already published a fact sheet on the critical role community broadband plays in job development. Now, ILSR presents a collection of how commnity owned broadband networks save money for local government, schools, and libraries while providing cutting edge services. The Public Savings Fact Sheet is now available.

Though schools, libraries, and other community anchors need access to faster, more reliable networks, the big cable and telephone companies have priced those services so high that they are breaking the budget. But when communities create their own connections, affordable high capacity connections are only one of the benefits. A community owned network offers the promise of self-determination -- of upgrades on the community's time table and increased reliability for emergency responders.

The Public Savings Fact Sheet is a great piece to share to mobilize other members of your community. Share it with decision makers and use it to start meaningful conversations. Distribute it widely and often.

We are always developing new resources. If you have an idea for a new fact sheet, we want to hear it.

Community Broadband Bits 16 - JD Lester and Larry Gates - Chanute, Kansas

Following the release of our case study on Chanute, Kansas, we have an interview with City Manager JD Lester and Director of Utilities Larry Gates for our 16th podcast -- Community Broadband Bits.

JD Lester and Larry Gates discuss Chanute's network and its impact on their rural community. As detailed in the case study, Chanute built a fiber optic and wireless broadband network to connect schools, public safety, and local businesses. And they did it all without bonding or borrowing -- an impressive feat with implications for many other communities that have similar needs.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address.

This show is 20 minutes long and can be played below on this page or subscribe via iTunes or via the tool of your choice using this feed. Search for us in iTunes and leave a positive comment!

Listen to previous episodes here.

Thanks to Fit and the Conniptions for the music, licensed using Creative Commons.

Chanute's Gig: Rural Kansas Network Built Without Borrowing

Publication Date: 
October 2, 2012
Author(s): 
Lisa Gonzalez
Author(s): 
Christopher Mitchell

The Institute for Local Self-Reliance has just released a new case study on community broadband -- this one examines how Chanute, Kansas, built its own broadband network over a period of many years without borrowing.

Download a PDF of Chanute's Gig: One Rural Kansas Community's Tradition of Innovation Led to a Gigabit and Ubiquitous Wireless Coverage here or purchase a Kindle-formatted edition of our case study for $2.99 here.

Local businesses are strong supporters of the network. From Ash Grove Cement to MagnaTech, business clients have remained satisfied subscribers. The network continues to encourage economic development and provides connectivity options that attract high bandwidth employers. The network generates $600,000 per year for Chanute’s Electric Utility, 5 percent of which goes to the general fund as a franchising fee each year.

Author Christopher Mitchell, Director of the Telecommunications as Commons Initiative at the Institute for Local Self-Reliance, believes Chanute can offer valuable lessons to other communities across the United States. “This community has demonstrated that communities can meet their own telecommunications needs with smart public investments — they did not wait for national corporations to solve their problems.”

City Manager J.D. Lester refers to municipal broadband as “the great equalizer for Rural America,” saying: “You don’t have to live in Kansas City to work there.”

The City also operates a 4G WiMAX network that connects public safety and is used to feed Wi-Fi hotspots throughout the community.

Local leaders plan to expand the network to offer access to all residents and businesses in the future as extending it become financially feasible. As it expands, it will offer the potential for smart-grid type investments in the gas, water, and electrical utilities — all of which are owned and operated by the local government.

One of the key lessons other communities can take away from this case study is how planning and prioritizing community investments in broadband can greatly benefit the community, especially local businesses. Chanute took advantage of several opportunities to expand what started as a very basic network over the course of many years at low cost.

Spirit AeroSystems Chooses Chanute

We told you how Chanute, Kansas, was using their community network to serve local businesses. Now we want to share a story about how the community network helped bring a new business to Chanute.

Chanute, who is named after Octave Chanute an aviation pioneer, adopts the motto "A Tadition of Innovation." Chanute has proven that they are serious about that mantra with the expansion of their community network. They boast free Wi-Fi in all green spaces and parks, schools that are connected with fiber and wireless, several fiber loops throughout the city, plans for a smart grid, and are even exploring FTTH capability.

Spirit AeroSystems, the world's largest supplier of commercial airplane assemblies and components, just opened a new manufacturing facility in Chanute. The plant is expected to create up to 150 new jobs in the southeastern Kansas community and will include a health clinic on site for employees.

As Spirit was approaching different communities, it had a variety of requirements that included reliable electricity and reliable broadband. Nothing exorbitant -- they weren't asking for a gig or even 100Mbps. But they needed reliability. And Chanute was poised to deliver. Publicly owned networks do not exist in a vacuum; they are often one piece of a well-run community.

If Chanute only had a slow DSL and absentee-owned cable company offering broadband, maybe Spirit still would have chosen them and maybe that would have been the tipping point for a different community. We don't know for sure. 

What we do know is that Chanute is getting more jobs and that owning their own network helped.

Video: 
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