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

Listen to the Lawyers: Audio of Oral Arguments Now Available in TN/NC vs FCC

Attorneys argued before the Sixth Circuit Court of Appeals on March 17th in the case of Tennessee and North Carolina vs the FCC. The attorneys presented their arguments before the court as it considered the FCC's decision to peel back state barriers that prevent local authority to expand munis.

A little over a year ago, the FCC struck down state barriers in Tennessee and North Carolina limiting expansion of publicly own networks. Soon after, both states filed appeals and the cases were combined.

You can listen to the entire oral argument below - a little less than 43 minutes - which includes presentations from both sides and vigorous questions from the Judges.

To review other resources from the case, be sure to check out the other resources, available here, including party and amicus briefs.

Chattanooga's EPB Sparks Local Entrepreneurial Ecosystem

Chattanooga's EPB Fiber Optics continues to stand out as a model for the municipal broadband movement, demonstrating the extraordinary impact that fast, affordable, reliable Internet access can have on economic development efforts. 

Now, a new research report from the Ewing Marion Kauffman Foundation highlights the network’s vital role in kick starting the development of what has become a thriving “entrepreneurial ecosystem” in this city of about 174,000.

Collaboration, Public Private Partnerships

The report, titled "Little Town, Layered Ecosystem: A Case Study of Chattanooga," credits the EPB network as the “spark” for an explosion of economic development since the network's launch in 2010. As the article notes, the EPB estimates that since the launch, Chattanooga has seen an influx of ninety-one new companies with approximately $50 million in venture capital contributions from six firms. 

According to the report, the network has also encouraged an entrepreneurial climate in this city that had a “long history of collaboration and public-private partnerships” even prior to the network launch. The report cites examples of the city's collaborative spirit in several non-profit entities, city officials, local anchor companies and universities, and the city’s recently opened Innovation District.

Yasuyuki Motoyama, director of Research and Policy at the Kauffman Foundation and one of the paper's authors, explains the lessons that other cities might take away from Chattanooga’s example:

"Chattanooga organized and mobilized its assets to orient itself to entrepreneurial initiatives. This demonstrates what a small-size city can do when factions from different sectors focus on a common goal and collaborate to achieve that goal. This case of Chattanooga provides lessons for other cities to leverage their own unique assets and to create equally successful ecosystems."

TN and NC vs. FCC: Oral Arguments Scheduled for Thursday, March 17th

This Thursday, March 17th, attorneys for the FCC and the states of Tennessee and North Carolina will present arguments to the Sixth Circuit Court of Appeals on a case that could define parameters for publicly owned Internet networks. The proceedings begin at 9 a.m. eastern. Each side has 15 minutes to present.

As we reported a year ago, the FCC ruled that state barriers in Tennessee and North Carolina limiting expansion of publicly own networks are too restrictive and threaten the U.S. goal of expanding ubiquitous access. The FCC overruled the harmful state laws but soon after, both states filed appeals.

The cases were consolidated in the Sixth Circuit and a number of organizations, including ILSR, offered Amicus briefs. We have collected all the briefs and made them available for you here. As most of our readers will recall, the case focused on Chattanooga and Wilson, two communities that know the many benefits of publicly owned networks.

So, when you raise your glass of green beer on Thursday to celebrate St. Paddy's, send some luck to our friends in Wilson, Chattanooga, and the FCC!

Local Communities Appeal to State Leaders: Change State Anti-Muni Law

Some of us remember it - not so fondly - as a discarded relic of an early era of the Internet. But it’s not a relic for people in some parts of rural Tennessee: the awful sound of a dial-up modem.

There are approximately 28,000 people living in the county and as Marion County Mayor David Jackson tells it, he knows residents with no Internet access at all. Some of Marion County residents with nothing better than dial-up can actually look across the Tennessee River and see buildings and houses served by Chattanooga's EPB’s gigabit Fiber-to-the-Home (FTTH) network.

Given this stark contrast, it’s no wonder the push is intensifying for more access to publicly owned Internet networks in Tennessee.

Marion County Wants Local Authority

Elected officials from the Marion County Commission and the town of Kimball are the latest communities to vote on resolutions asking state leaders to change Tennessee’s state anti-muni law. The legal barrier prevents existing municipal utilities from expanding their fiber network footprints to provide telecommunications services to neighboring communities. 

In fact, city leaders in every Marion county municipality have plans to vote on their own resolutions asking the same thing: give us the local authority to decide for ourselves.

While the U.S. Court of Appeals considers whether or not to reverse the FCC decision to roll back the state barrier, communities are calling on the legislature to solve the problem by restoring local authority.

As Communities Succeed, the Municipal Fiber Movement Grows

These communities hope that changing the law will enable Chattanooga to extend its much celebrated EPB network to serve the people of Kimball and other communities in Marion County. The efforts come in the wake of similar requests out of Bradley County.

"There's a movement, pretty well statewide now, to expand broadband and fiber optic networks throughout rural areas of the state," Marion County Attorney Billy Gouger said. "In order to do that, there has to be a change in the state law."

The Marion County officials are forwarding their resolutions to Tennessee Governor Bill Haslam, Lieutenant Governor Ron Ramsey, and Marion County’s state delegates. While state leaders have not signaled an intent to change the law and some county officials tried unsuccessfully to get the law changed in 2014, Marion County Attorney Billy Gouger believes things are different now: 

“‘They're going to try it again,’ he said. ‘There are some other concessions being made that will [give it] a better chance of passing this time.’”


Holding Their Breath in Bradley

Cleveland Utilities (CU), serving Bradley County, is carefully searching for the best way to improve connectivity for its southeast Tennessee customers. After exploring a number of possibilities, CU sees a partnership with Chattanooga's EPB as the brightest opportunity but their collaboration rests on lawmakers in Nashville or the U.S. Court of Appeals.

The Need Is There, The Neighbors Are Close

CU President, Ken Webb knows the community needs and wants something better than AT&T for Internet access or cable TV from Charter Spectrum, especially in rural areas. Residents and business owners have gathered at community meetings. Local community leaders have passed resolutions asking the state to roll back restrictions and contacted CU directly but the utility's hands are tied as long as state barriers remain in place.

For over 7 decades, CU has served residents and businesses, providing electricity, water, and sewer. After a 2015 feasibility study revealed a $45 million estimate to build out a triple-play fiber to the entire county, CU began considering a limited pilot project.

They have been talking with their neighbors, EPB, about the possibility of partnering for some time Webb told the Times Free Press:

"We don't want to reinvent the wheel," Webb said Tuesday. "We continue to study our options (for adding telecommunications services), but we would prefer for the state to allow us to have the option of working with EPB."

Waiting...Waiting...Waiting

Right now, the prospect of fiber in Bradley County appears to hinge on two possible outcomes. First, if last year's FCC decision to roll back state barriers is affirmed by the U.S. Court of Appeals for the Ninth Circuit and legal review stops there, the EPB will not need to worry about a legal challenge. 

Bradley County residents and businesses may also have a chance at fiber if the state legislature adopts legislation introduced last year by Cleveland's Representative Kevin Brooks. Senator Janice Bowling sponsored the Senate version last year and the two vowed to carry on advancing the bill this year. The bill, that would restore local authority to invest in Internet networks, received backing from a number of organizations and local communities.

Hamilton County, home to Chattanooga and its world famous gigabit municipal fiber, is located immediately west of Bradley County and ready to expand to the communities that want access to the EPB gigabit. Due to Tennessee's restrictive state laws, EPB cannot serve beyond its current electric service footprint:

DePriest, who is also chairman of the Tennessee Fiber Optic Communities, said the Chattanooga utility is eager to expand into the parts of Hamilton County it doesn't currently serve, which includes about 9,000 homes in east Hamilton County, and into all of Bradley County, which has more than 50,000 homes and businesses.

"We have developed some plans and we will develop more," DePriest said. "We've already had more than a thousand people from that area write us, email or call us asking when they can get our (broadband service)."

"We think we have the expertise and the infrastructure already in place so that expanding into these areas would help them and help us," he said. "We would have to work out the arrangement with Cleveland Utilities and Volunteer Electric because this is their territory and we're not going to go anywhere where we are not invited and where it doesn't make good business sense."

Are You From Tennessee? Your Opinion Matters!

For the past several months, we have covered the plight of North Carolina and Tennessee. These states have passed laws that prohibit local governments from expanding beyond their municipal electric utility service area to bring better connectivity to neighboring communities. Even though nearby towns ask places like Chattanooga or Tullahoma to provide services, they are prevented from doing so.

Today we bring to you this news story from Anderson County, Tennessee. Local officials are encouraging residents to tell the state about their horrible connectivity. With a bill in the state legislature to remove the restriction and the state embroiled in a court case to challenge the FCC's decision to roll back the state barrier, local governments are using the survey to connect people with lawmakers.

In Anderson County, some local government agencies have hardcopies of the state’s survey for those without Internet access. Any Tennessee resident with Internet access can take the survey online here

"It's the slow circle of death that you see wheeling around there, and it's waiting and waiting and waiting," -- Steve Heatherly, Anderson County Chamber of Commerce Chairman

High-Speed Broadband Access Becomes Lifeblood for Modern Healthcare

More than ever before, innovations in healthcare technology are saving lives. A series of 2015 stories from around the nation highlight the importance of fast, affordable, reliable connectivity in using those technologies to serve patients in both urban and rural settings.

Broadband Speed and Medical Crises

The first story comes from Craig Settles, an expert on broadband access issues. In his line of work, Settles is constantly thinking about, talking about, and writing about the many virtues of broadband technology. But Settles explains that after recently suffering a stroke that required rapid medical attention, he gained a new perspective on the issue.

When someone suffers a stroke, they have three hours to get serious treatment or they often will not recover from its debilitating effects. I was lucky, but...while I worked through my recovery and rehab, a thought hit me: The process of my recovery would have been limited -- if not actually impossible -- had I been living in a small, rural or even urban low-income community without broadband.

Better Broadband, Better Medical Care in Rural West Virginia

The Charleston Gazette-Mail profiles the importance of broadband access at the St. George Medical Clinic in rural West Virginia. The clinic is wedged inside of a deep, wooded river valley, where geographic and topographic challenges interrupt access to reliable, high-speed broadband. In other words, the exact type of rural community Settles had in mind when he wrote about his frightening medical emergency.

But St. George Medical Clinic is different. With assistance from FCC funding, St. George recently laid a 12 miles of fiber optic line that delivers the hospital broadband access, essential to an increasing number of modern medical services. As the article explains:

Prior to installing the fiber optic line, Paul Wamsley, the clinic’s director, said his staff had to work with a DSL connection that only provided speeds of one to three megabits per second (Mbps). But with the new setup, the clinic’s staff and its customers are able to access a patient portal, where they can obtain their medical records, make payments, schedule appointments, request medication and ask for a referral — all online.

As the article also notes, the fiber broadband access at St. George Medical Clinic is the exception, not the rule, when it comes to broadband availability at rural medical facilities in West Virginia. Medical professionals say their patients miss out on access to new healthcare innovations that are not possible in facilities with persistently poor broadband access.

The 10 Gig Doctor

Feature stories appearing in both the Chattanooga Times Free Press and The Chattanoogan tell the story of Dr. Jim Busch, who in October became the first person in the world to get a 10 gigabit broadband per second connection at his home. With 10 gig connectivity, the radiologist and can quickly send and receive massive diagnostic files, enabling him to perform important medical work from home. Dr. Busch pays $299 per month through Chattanooga’s renowned EPB network. 

Dr. Busch explains the value of the service to his work:

‘"In my field, fiber optic speeds save lives. Instead of waiting as much as a week or more to get results because radiologists would have to physically go to each location, our patients can get their results in hours or even minutes.  When something is seriously wrong catching it as early as possible can be the difference between life and death."

Broadband and the Future of Medicine

Thanks to recent research and development, medical professionals are continuously improving their treatment of patients through the use of a wide variety of cutting edge devices and by employing Internet-based platforms to facilitate more efficient lines of communication. But these devices are only possible because of the high-speed broadband networks that are at the heart of modern digital data transmission demands. 

Small and mid-sized communities with municipal networks often find hospitals and clinics are the first entities requesting better connectivity. In fact, more than a few networks were built when strong support from the local medical community tipped opinion in favor of a project. 

The medical future is now for communities with access to high-speed broadband. Patients served by clinics with insufficient access to the technology should not have to wait simply because of where they live. Large corporate providers may find no financial justification for developing high-speed networks in sparsely populated rural areas but quality healthcare is a right that cannot be defined by geography. Local communities of every size and location deserve the authority to develop infrastructure to ensure that right.

Op-ed: Next-Generation Networks Needed

The Knoxville News Sentinel published this op-ed about Tennessee's restrictive broadband law on January 9, 2016.

Christopher Mitchell: Next-Generation Networks Needed

Four words in Tennessee law are denying an important element of Tennessee's proud heritage and restricting choices for Internet access across the state.

When private firms would not electrify Tennessee, public power came to the rescue. In the same spirit, some local governments have built their own next-generation Internet access networks because companies like AT&T refused to invest in modern technology. These municipal networks have created competition, dramatic consumer savings and a better business climate in each of their communities.

The four words at issue prevent municipal electric utilities from expanding their successful fiber optic Internet networks to their neighbors, a rejection of the public investment that built the modern economy Tennessee relies upon.

Current law allows a municipal utility to offer telephone service anywhere in the state, but Internet access is available only "within its service area." This limit on local authority protects big firms like AT&T and Comcast from needed competition, and they have long lobbied to protect their de facto monopolies. To thrive, Tennessee should encourage both public and private investment in needed infrastructure.

These municipal systems have already shown they can bring the highest-quality Internet services to their communities. Chattanooga's utility agency, EPB, built one of the best Internet networks in the nation. Municipal fiber networks in Tullahoma, Morristown and more have delivered benefits far in excess of their costs while giving residents and local businesses a real choice in providers.

Many of these networks are willing to connect their neighbors — people and businesses living just outside the electric utility boundary. If Chattanooga wants to expand its incredible EPB Fiber into Bradley County with the consent of all parties, why should the state get in the way?

Consider that Tennessee metro areas almost always have at least one high-speed Internet option. Those with municipal networks have a real choice in providers. Nashville is slated for Google Fiber. But there is no such hope on the horizon in rural areas, despite the billions of dollars that have been spent on subsidies to providers like AT&T.

While AT&T's lobbyists scheme to prevent competition, the federal government subsidizes AT&T operations with more than $500,000 per month in Tennessee alone. So much for the "private" sector.

When it comes to municipal networks, taxpayer dollars are rarely used. Private investors often finance municipal networks by purchasing long-term bonds and are repaid by the revenues from the network. The Tennessee Valley Authority strictly oversees municipal utilities to ensure they are not cross-subsidizing telecom services with electrical ratepayer revenues.

To the extent municipal networks affect taxpayers, the taxpayers benefit. EPB just announced that in 2015 alone, its payments in lieu of taxes exceeded $19 million to the 17 jurisdictions in which it operates.

When local businesses connect to municipal fiber, more of their money stays in the community. Compare that to how much communities without a real choice send to AT&T and Comcast headquarters in distant states. And thanks to the competition, residents and businesses pay less. Morristown estimates a $3.4 million annual aggregate savings from lower bills.

The state should encourage communities to be more self-reliant and to build resilient regions rather than taking the side of distantly-owned monopolies. The state should be focused on how to encourage investment in next-generation Internet networks, not limit it.

 

Christopher Mitchell is the director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance. He is on Twitter: @CommunityNets.

Bradley County Urges Tennessee Lawmakers: High-Speed Internet Now!

Just this past week, we reported on the plight of Bradley County in Tennessee. Cut off from connectivity, families and businesses are considering leaving to nearby Hamilton County which has Chattanooga’s high-speed fiber network.

By a 12-1 vote, the Bradley County Commission urged the Tennessee legislature to pass a bill (Tennessee HB 1303/SB 1134) enabling public utilities to bring high-speed Internet to Bradley County residents. Current state law - right now embroiled in legal disputes - prohibits public utilities from expanding high-speed Internet access. 

Near-Unanimous Vote (12-1)

As reported in the Chattanoogan, the only naysayer to the resolution was the vice-chairman. He agreed that Charter and AT&T had failed to provide adequate Internet access to the county, but he expressed opposition to municipal networks. Although disagreeing with the resolution, he underscored how local control had disappeared with the current state law:

He said local governments at one time had leverage over providers when they had to come to them periodically for charters, but he said that control went away with the passage of the current law that he said was heavily lobbied.

The commissioners, however, felt that this vote was the only way forward. Some described how dependent their homes and businesses have become on Internet access, and others reiterated that the community suffered die to the lack of competition.

An Engaged Public Speaks Out

According to the Cleveland Daily Banner, the meeting attracted enough residents to pack the room. The people of Bradley County see the importance of better access in their future. Blake Kitterman, president of the Bradley County Young Democrats, told the Commission:

“When Bradley County citizens succeed, we all succeed, and EPB broadband expansion means an interconnected community…It means opportunities for businesses to affordably advertise their products, and students to be able to take part in higher forms of learning.”

According to the Banner, the crowd applauded every point supporting the resolution. The loudest and longest ovation was in response to Commissioner Mike Hughes when he summarized sentiment about incumbent providers Charter and AT&T:

““They had their opportunity, and they failed,” Hughes said. “It’s time to open it up.”

No Longer Just a Luxury: Tennessee Communities Need Broadband Access Now

Sandi Wallis, a resident of northern Bradley County in Tennessee, doesn’t simply want to have ultra-fast, reliable broadband access for the fun of it. She needs it to run her home business. Her school-age children need it too:

“I've had to send my kids into town to do their homework. We’ve had to go into town with our business laptops to download updates to our programs for our accounting business because we can’t do it at home. We need service — not just reliable service and not just for entertainment.”

Wallis made the comments at a recent meeting hosted by the Bradley County Chamber of Commerce in Tennessee. The meeting focused on a persistent problem in many parts of Bradley County - residents and businesses lack the fast, affordable, reliable, broadband access that is available via Chattanooga’s EPB fiber network in neighboring Hamilton County. The deficiency is taking its toll.

Cleveland, a city of about 43,000 in Bradley County, has explored the idea of building their own community broadband network. But business leaders, government officials, and residents across Bradley County and the State of Tennessee are all anxiously awaiting the results of the ongoing legal struggle over the state’s anti-muni law. In addition, a bill set for consideration at the next state legislative session would, if passed, allow municipalities like Chattanooga to expand their existing fiber broadband services to adjacent communities in Bradley County. 

Don’t Mind the Gaps

Alan Hill, a representative from AT&T, suggested that rather than focusing on the broadband service gaps in the state, Bradley County should acknowledge AT&T’s positive contributions in the area:

“Instead of talking about the gaps, we need to celebrate what all has happened here because there is a lot of opportunities here for businesses that have services both wired and wireless.” Hill said.

Much like hiding a dirty family secret, large corporate providers believe that by ignoring a problem, it doesn't exist. Tell that to the thousands of residents and businesses that slug along on inadequate connections while gazing longingly toward Chattanooga. For community members like Dr. Terry Forshee, president of the local Cherokee Pharmacy, all that matters is that private competition is not getting the job done:

“The problem is I am one of the gaps,” Forshee said. “In my opinion, you had 27 years to bring cable down to me. I’m three miles away to the closest that you come. I’m waiting. I call every month.”

The Marvel of the Free Market?

The problem is not just about expanding broadband service to the rural, unserved parts of Bradley County. The broadband service in downtown Cleveland, Tennessee, is so poor, in fact, that business owners like Clark Campbell say they’ll soon have to leave town if something doesn’t change:

"We have multiple businesses in downtown Cleveland that compete with Chattanooga, but I had to move my family to Ooltewah this year in order to have adequate Internet service. We will consider moving our business to Hamilton County if the high-speed Internet problem is not solved in the next 12 months because we just can't compete with the speed, reliability and customer service of EPB in Chattanooga."

Send in the Munis

For the time being, the people of Cleveland and other communities throughout Bradley County and the rest of the state can only wait and wonder what it would be like to get the kind of broadband access that the residents of neighboring Chattanooga now enjoy. Meanwhile, Ken Webb, CEO of Cleveland Utilities (CU), is looking ahead at solving a problem where private enterprise has failed:

“‘I do not come in an adversarial role toward anyone or any other interest in this room,’ Webb said. ‘I do, in addition to representing Cleveland Utilities, come representing a significant number of citizens who realize and understand access to reliable and reasonably priced high-speed internet is no longer a luxury. Broadband availability has become such a necessity we can no longer wait for the service issues to be addressed.’”