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The FCC Is Our Best Shot to Restore Local Authority

For the first time in many years, we have an opportunity to repeal some particularly destructive state laws limiting investment in community networks. To be clear, this is our best shot. I've already covered the background and offered a blanket encouragement for you to post comments.

Chairman Wheeler has been looking for an opportunity to expand local authority by removing state laws that limit investment in Internet networks. The cable and telephone companies are marshalling their considerable forces to stop him. But we can, and must help.

We have spent years analyzing these state barriers for ways to restore local authority. The FCC, using its Section 706 power, is our best shot. The carriers have far too much power in the state capitals, which means that even when we have public opinion squarely on our side, the carriers easily kill state bills to restore local authority.

Anyone who thinks we have a better shot at rolling back state barriers individually in the states rather than with this FCC is wrong. Really wrong. Between Art Pope and Time Warner Cable lobbyists, there is no hope for any legislation that would threaten cable monopolies in North Carolina.

These petitions on municipal networks are not some FCC smokescreen related to the network neutrality proceeding. In fact, we at ILSR remain publicly frustrated with the FCC's failure to act more strongly in protecting the open Internet. But Chairman Wheeler, for reasons that seem somewhat personal to him, is particularly motivated to remove the anti-competitive laws passed by big cable and telephone company lobbyists. It strikes a chord with him and I, for one, am glad to see him taking action on it.

Anyone who claims action on municipal networks is some sort of trade for giving up on network neutrality is, once again, really wrong. For one thing, a trade requires two parties and I have yet to identify a single entity that would trade meaningful open Internet protections for rolling back a few barriers to municipal networks. Haven't found one. Not even us.

Further, restoring local authority on municipal networks is not a trade for the FCC later preempting local authority over the rights-of-way because once again, no one is ready to take that deal. Advocates of local decision-making authority tend to oppose preemption as a matter of course.

In the case of the current FCC proceedings, it must be noted that the FCC is actually being asked to preempt preemption, which is to say the principle remains that local authority should be respected. The FCC will remove state restrictions on local authority; no community will be required to take action it prefers not to.

This is a key opportunity. The FCC's Section 706 Authority allows it to remove barriers investment. No one is talking about creating new regulations.

For those still skeptical about these petitions, let me suggest this: If this is all some elaborate game of 3D chess masterminded by FCC Chairman Tom Wheeler, let's call him on it. Let's assemble a great record of how local governments can increase investment in next-generation services and states should not revoke their authority to decide for themselves how to invest or partner to improve and expand Internet access. In the worst case scenario, we will have compiled a great case for our position.

The Coalition for Local Internet Choice has posted instructions on how to file. File anytime between now and August 29. We are still working on a resource with recommendations and such for MuniNetworks.org and will publish them soon.

Oklahoma's Sallisaw Passes Resolution to Support FCC As It Considers Preemption

Sallisaw, home of DiamondNet, is the latest community to publicly express its desire to put telecommunications authority in the hands of the locals. On July 14, the Sallisaw Board of City Commissioners approved Resolution 2014-17 in support of the FCC's intention to preempt state anti-muni laws.

A Resolution Supporting Telecommunications Infrastructure For Local Governments

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 Sallisaw has ensured access to essential services by providing those services that were not offered by the private sector at a reasonable and competitive cost; and

WHEREAS, in 2004 the City of Sallisaw took steps to construct its own Fiber to the Premise telecommunications system and now provides the community with quality state-of-the-art broadband services including video, High Speed Internet and telephones services, that otherwise would not be available today; 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 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 Board of City Commissioners of the City of Sallisaw, Oklahoma, 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 14th day of July, 2014.

When City staff began researching the possibility of a municipal network in 2002, they discovered that dial-up was the only option for residents; businesses had the option of T1 connectivity. At the time, a coaxial or hybrid coax/fiber system were considered, but Sallisaw went with fiber to future-proof the network.

In an undated interview with the Oklahoma State University Cooperative Extension Service, network staff commented on the benefits for the community:

The key benefit of the City owning this system is that the revenue stays in the community. Our current annualized revenue is more than $1.5 million before expenses. As our customer base and revenue grows we will begin to see more net revenue after expenses, and that net will go to other non proprietary city services.

From DiamondNet FAQs:

The community of Sallisaw owns the FTTH system and its employees are residents of the community. In the past, the cable television provider in the community experienced numerous ownership and name changes, averaging about one every four years. DiamondNet will have one name and one owner for the life of the system. As your neighbors, we strive to provide you with excellent service. When you need help, just pick up the phone or come see us on the main floor at City Hall on Choctaw Street. We are here to serve you. 

North Carolina Town Saves Public Dollars With Its Own Network

On June 18 Holly Springs, home to approximately 25,000 people, started saving money with its new fiber I-Net. Last summer, the Town Council voted to invest in fiber infrastructure as a way to take control of telecommunications costs. Just one year later, the 13-mile network is serving community anchor institutions.

After exploring options with CTC Technology and Energy, Holly Springs determined that deploying their own $1.5 million network was more cost effective than paying Time Warner Cable for data services. Annual fees were $159,000; over time those costs certainly would have escalated. According to the Cary News, Holly Springs anticipates a future need for more bandwidth:

“And we wouldn’t have been able to actually afford as much (data) as we need,” [Holly Springs IT Director Jeff Wilson] said. “Our costs were going to be getting out of control over the next couple of years.”

Because state law precludes the town from offering services to homes or businesses, Holly Springs plans to use the new infrastructure in other ways. State law allows the community to offer free Wi-Fi; the town will also lease dark fiber to third-party providers. According to the News article, the town has already entered into a 20-year contract with DukeNet, recently acquired by Time Warner Cable. DukeNet may expand the fiber to the Holly Springs Business Park for commercial clients.

The community's free Wi-Fi in public facilities is approximately 20 times faster than it was before the deployment, reports the News:

When the town activated the network on June 18, “People told us they could tell the difference immediately,” said Jeff Wilson, Holly Springs’ IT director.

According to the News, the fiber network allows the city to expand free Wi-Fi to more green spaces. Cameras at baseball fields now stream live video of games; parents and grandparents can watch activities online if they cannot attend games in person.

For more on the community and the project, check out Chris' conversation with Jeff Wilson in episode #107 of the Community Broadband Bits podcast.

Spencer Municipal Utilities Expands Upgrade to Fiber in Iowa

Spencer Municipal Utilities (SMU) in Iowa is expanding an upgrade project to bring fiber to approximately 2,000 additional premises. A little over a year ago, we reported on the switch from coax cable to fiber for 700 municipal network customers with no rate increase. According to the Spencer Daily Reporter, the original project is almost completed; the expanded upgrade will cost approximately $4.5 million.

Amanda Gloyd, marketing and community relations manager, told the Daily Reporter:

Since SMU first began offering Internet service to customers the amount used by customers has increased and we expect to see that continue. For example, the average peak usage from customers in the fall of 2010 was 125MB and today it averages around 800MB with maximums over 1,200 MB. The project to convert the whole town of Spencer will take several years and we continue to develop plans for future projects.

In April, the SMU Board of trustees approved a modest rate increase for video and Internet access to help defray increased costs for video content and increased demand on the system. The last time rates went up for video service was early 2013; residential Internet access rates have remained the same since November 2011.

New rates went into effect on June 1. Internet access rates range from $20 per month for 1 Mbps/256 Kbps to $225 per month for 100 Mbps/10 Mbps. Basic level video service begins at $14 per month; "Basic Plus" is $50.75 per month. Digital service and a range of channel choices are available as add-ons.

SMU also provides voice and partners with T-Mobile to provide wireless phone service in the community. The network began serving customers in 2000.

Spencer, population 11,300, is located in the northwest section of the state. In the Community Broadband Bits podcast episode #13, Chris spoke with Curtis Dean of the Iowa Association of Municipal Utilities (IAMU). Dean shared a story about Hansen's Clothing, a local upscale clothier in Spencer. Thanks to the presence of the SMU network, Hansen's was able to expand its sales to the online marketplace. Hansen's was struggling until it obtained the ability to reach clientele in New York and Los Angeles. The fresh business allowed Hansen's to flourish.

Gigabit Network Expansion Moves Forward in Longmont, Colorado

Construction on Longmont's fiber expansion will begin by August 13th, reports the Times-Call. TCS Communications of Englewood, Colorado recently signed an agreement with Longmont Power & Communications (LPC) to deploy the gigabit network for $20,095,022. Completion is scheduled for 2017.

A July 14th article on the project noted that LPC and TCS will complete construction in six phases. A substantial number of potential subscribers will have access early in the process:

The first phase will be done in south-central Longmont, the area nearest to LPC itself. The work will then proceed into central Longmont by early 2015. At that pace, 11,147 of the utility's 39,061 customers would be able to get fiber service within a year of the start of construction.

Readers will recall that last November the people of Longmont voted to approve a $45.3 million bond issue to bring the network to every premise in the city. Chris spoke with Vince Jordan, one of LPC's champions, in episode #106 of the Community Broadband Bits podcast.

Clearly, LPC is carrying on the customer service priority established by Jordan and the LPC crew:

"We set a high bar with regards to quality of work, customer service and timeline," LPC general manager Tom Roiniotis said in a release Monday evening. "We want to make sure it is done efficiently; we want to make sure it is done right."

LPC provides updates and a map of the project at its website

Hudson Issues RFP for Broadband Needs Assessment, Business Plan

Hudson, Ohio, located in the Akron area, recently released a Request For Proposals (RFP) for a Broadband Needs Assessment and Broadband Business Plan. The community of 22,000 hopes to connect all municipal facilities, connect business parks, and eventually implement an FTTH network.

A May 4 Hub Times article covered an April city council discussion to expand existing fiber resources throughout the city. Internet Service Manager Bill Hillbish described a plan to connect traffic, security cameras, and possibly provide Internet access to other entities in Hudson. The original plan was to spend approximately $47,000 for fiber and hardware to connect remaining municipal facilities with Hudson Public Power managing the expansion.

At that meeting, the City Council also discussed using the network to connect local businesses and, eventually, residents. Apparently, local businesses are not happy with the incumbent provider: 

Some Council members wanted the work completed sooner than the five-year forecast by Hilbish. Hanink suggested 2016 instead of 2019.

"The business community is screaming for Internet connectivity and speed," said Council President Hal DeSaussure. "We can use it as an economic development and business retention tool."

Economic Development Director Chuck Wiedie said businesses were frustrated with Windstar, which was slow and lacked customer service.

"Our businesses need the Internet," Wiedie said.

At a later City Council meeting, Members delved deeper into the possibility of using fiber for more than an I-Net. From a June 22nd Hub Times article:

Interim City Manager Scott Schroyer June 10 asked for direction for the broadband infrastructure work. The city wants to circle the city with fiber to provide communications for all its city facilities. Council members suggested offering the broadband service to businesses and residents.

Broadband would provide a competitive advantage for economic development for attracting businesses, said Council member Dennis Hanink.

"I'd like to see us try to get to the business parks within a couple years," Hanink said.

At that meeting, Schroyer said the City would seek assistance from a consultant to create a financial and business plan. On July 9th, Hudson released its RFP.

For the past decade, Hudson has incrementally expanded a fiber network to connect major buildings and facilities (see page 3 of the RFP for a map of existing fiber). Some of the facilities include public safety buildings, town hall, schools, and utility buildings. The proposed project will connect remaining electric substations and the City Cemetery.

Through the RFP, Hudson hopes to determine the best way to complete its network for municipal purposes and explore a possible open access network. Hudson expects infrastructure recommendations, business plan possibilities, and needs assessment review. Proposals are due August 15.

Davenport, Iowa, Releases RFP for Feasibility Study

Davenport recently issued an RFP, hoping to hire a vendor to complete a feasibility study. The community wants to learn more about connectivity options that build on its current fiber assets.

According to a May 2014 Government Technology article by Colin Wood, the city has installed fiber throughout the community over the past decade. CIO Rob Henry told Wood:

“For years, residents and businesses have been asking us to do this,” Henry said. “We always knew we were going to get to this point.”

Henry goes on to note that current services from incumbents in Davenport are not sufficient for economic development. The first step will be to connect businesses then follow with fiber to each premise.

Davenport's population is approximately 103,000. During the 70s and 80s, manufacturing was the predominent industry but today tech firms are moving into the area. It is considered part of the Quad Cities region, midway between Chicago and Des Moines from east to west and the Twin Cities and St. Louis from north to south.

According to the article, government facilities began using fiber first, with schools, hospitals, and parks following. The network saves Davenport $400,000 per year because the city serves its own telecommunications needs rather than buying service from a provider.

Wood reported that the city has spoken to CenturyLink and Mediacom; Chris told GovTech:

It’s good that Davenport is trying to cooperate with local Internet service providers (ISP), Mitchell said, but it’s unlikely to produce much substance because, in some cases, ISPs will attempt to starve the municipality for customers. “Every local government at first tries to work with incumbent providers,” said Mitchell, adding that, “my thinking is the city is not going to get a whole lot out of trying to work with them.”

The feasibility study will include several components, including a business case needs analysis, an evaluation of Davenport's current fiber optic capabilities, and recommendations. Bids are due in mid-July; the RFP is available online [PDF].

Call to Action: Tell Your D.C. Officials to Vote NO!

H.R. 4752 from Rep Latta (R-OH) will be brought up in the House, likely as an appropriations rider, some time within the next few days. In the past several months, the municipal network movement has made great strides. If passed, this bill's content can be a significant setback. We encourage you to call the D.C. office of your elected officials and tell them to vote NO on H.R. 4752, NO on any rider based on H.R. 4752's language, and NO on any amendment that restricts FCC authority.

Be very specific when it comes to municipal networks - local governments should be the ones to decide whether a network makes sense. These amendments are designed to strip the power from the FCC that would allow it to ensure local governments can make this decision.

H.R. 4752's language would prevent the FCC from regulating Internet service providers under Title II. There is also some indication that the House will consider an amendment on municipal broadband; constituents need to stop the rider and the amendment from moving forward. 

This bill was introduced months ago. According to OpenSecrets.org, its Republican sponsor has received more than $320,000 in campaign contributions from the communications sector since 2007. 

The Free Press has also spoken out against this bill, which would help destroy network neutrality and this lethal amendment.

Get the word out to your communities ASAP! Call your Rep's D.C. office and urge him or her to vote NO on this bill or on any similar rider and NO on any amendment restricting FCC authority. As you know, if the FCC is limited in this way, its authority to take other meaningful action to support municipal networks will be compromised.

When you call your Representative's D.C. office, ask first to speak to the staffer in charge of telecom. If you live in a community where you have benefitted from a municipal network or in a community that is exploring the option, share your experiences. Let them know that you not want Congress limiting FCC authority in this way.

Santa Fe Ready to Improve Local Internet Choice

The City of Santa Fe is taking first steps to improve the community's Internet choice, quality, and availability. Recently, the City announced that it has chosen a partner for a middle mile investment and will move forward with the $1 million fiber deployment project.

CenturyLink and Comcast serve Santa Fe, home to approximately 70,000 people. Residents and businesses both complain about slow speeds and relatively high costs. Residents pay $50 per month for average speeds of 5 Mbps while nearby Albuquerque pays the same price for 10 Mbps, according to the Santa Fe New Mexican.

CenturyLink owns the sole fiber hut connecting the community with the Internet. The company also owns the line bringing access to the web to downtown, giving it control over data transmittal in the city. A city press release, reprinted at SantaFe.com in May 2013 described the problem:

Every home and most businesses already have two physical routes to the Internet: A telephone line and a television cable...But in spite of this abundance of pathways, there is a crucial missing link in the infrastructure, an enduring legacy of the former telephone monopoly. This missing link spans from the central telephone office to a location about two miles away where several fiber optic cables emerge from the ground after traversing many miles of road, railroad and countryside from remote junctions across the state. Absent this two-mile link, local providers have only one way to connect to the outside world, and must pay a steep toll on the data transmitted over it. 

The City recently announced that it would work with local ISP Cyber Mesa to build an independent line from downtown to CenturyLink's fiber hut. The City hopes the line will introduce much needed competition, encouraging better service and prices.

According to the plan, Cyber Mesa will run the City's fiber service for four years; after that other bidders can apply to manage the network. Three other companies bid on the project, including CenturyLink who told the City "not to waste money on the project." CenturyLink opposes the plan, of course, and Chris spoke with the New Mexican about what to expect from the incumbents:

Mitchell also warned that the city should not expect competition to flourish on its own, saying Internet giants such as Comcast and Century Link “have a lot of power to run competitors out of business.”

Mitchell warned that Comcast and Century Link have a history of opposing public Internet infrastructure projects through legislation, and that the city should expect resistance if it continues building such projects.

“They’re very happy with the market the way it is,” Mitchell said.

Citylink Logo

The project details have raised a few eyebrows from industry experts. While the plan to build another line will provide another path to the Internet, one of the bidders, CityLink Fiber, questions the wisdom of the plan:

[CityLink Owner John] Brown said that in his bid he proposed creating a 7-mile loop that would have accomplished the city’s goals and provided additional coverage and redundancy. The city didn’t bite, saying that he couldn’t complete the project within the funding limits, he said.

Brown said he could, but the city remained unconvinced and instead opted for Cyber Mesa.

He also questioned the need for running cable through Century Link’s central exchange, saying it was unnecessary and expensive.

We have been impressed with John Brown's work and are inclined to believe him. But regardless of the details, local businesses are hungry for better service. A local Web design firm owner, Damien Taggart, notes that large data files can take hours to transmit.

Smaller ISPs are also looking forward to an option beyond CenturyLink. Joel Yelich, president of a local wireless provider told the New Mexican:

“I certainly hope that is successful in some way,” Yelich said. “The more competition, the better.”

Whitewater Weighs Options for Municipal Broadband

Whitewater, Wisconsin, a city of just under 15,000 people that sits midway between Madison and Milwaukee, is considering its options for establishing a municipal broadband utility. As reported by the local Daily Union newspaper, members of the city council, the community development authority, other local bodies, and the public met this week to hear a feasibility presentation and discussion with Anita Gallucci, a Wisconsin attorney specializing in broadband utilities.

Whitewater already has some public fiber optic infrastructure, having gone live with their gigabit-capable Whitewater Unified School District network last fall. The network joins up with a larger fiber backbone on the nearby University of Wisconsin Whitewater campus, and has allowed Whitewater schools to increase their connection speeds by 1,200 percent while holding costs steady. The city is now looking at options for how to expand the opportunity brought by such high speed access to the broader community.

Tuesday’s meeting focused on two topics: the legal landscape for municipal broadband utilities in Wisconsin, and the varying levels of success that other Wisconsin cities have had with their own networks. On the legal front, Gallucci affirmed that “municipalities can get into the broadband business if they choose to do so,” but then went on to outline the hurdles created by Wisconsin law that make the process more challenging. From the Daily Union article:

Gallucci said that first, the city must prepare a formal report or feasibility study. The report must cover a three-year outlook which addresses revenues derived from constructing, owning, or operating the utility including such things as equipment, maintenance, and personnel requirements.

Given the upfront costs associated with building out a fiber optic network, a report focusing on a three-year outlook is unlikely to cast a favorable light on the project. Like any other significant investment in public infrastructure, municipal networks may take more than three years to break even. If we used that benchmark for roads, we wouldn't have many.

Wisconsin cities must also go through a public hearing and vetting process before voting on final authorization of a municipal utility. There is a shorter route on the books in Wisconsin, but one that effectively gives incumbents a veto:

Gallucci said that cities do not have to follow these steps in very specific circumstances, such as serving an area of the city that does not otherwise have service access; but cities must notify private companies (for example, AT&T, Verizon, or Charter Communications) of that project. However, if those companies say they currently, or plan to in the future, serve those areas, then the steps need to be followed.

It doesn’t take much imagination to guess what would happen if a city like Whitewater were to approach AT&T or Verizon and ask if they have any “plans to expand in the future” that might preempt the building out of a public network.

Wisconsin law is more obliging towards open access networks, according to Gallucci:

She said the steps could be avoided if the city acts as “a wholesaler of broadband services.” By this, she said, the intention would be to build the infrastructure and private companies would use those fibers to provide service.

“That would require the city itself to not provide any service to the end-user,” she explained.

While the legal environment in Wisconsin is generally unfavorable towards municipal broadband utilities, the meeting also highlighted some recent success stories. Reedsburg, which we wrote about here, was touted as the only Wisconsin city offering a “triple play” bundle through its broadband utility. Also mentioned was Sun Prairie, as fellow city seriously considering a FTTH network.

The next step will be for the Whitewater Community Development Agency to bring the issue before the City Council, which the city manager expected to happen “in the very near future.”