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Sale of OptiNet: BVU Caught Between Virginia's Rock And A Hard Place

For more than a decade, the people of Bristol, Virginia have enjoyed what most of us can only dream about - fast affordable, reliable, connectivity.  In recent days, we learned that Bristol Virginia Utilities Authority (BVU) has entered into a deal to sell its OptiNet triple-play fiber network to a private provider. The deal is contingent on approval by several entities.

As we dig deeper into the situation, we understand that troubles in southwestern Virginia and Bristol have led to this decision. Nevertheless, we urge the Bristol community to weigh the long-term consequences before they sacrifice OptiNet. Once you give up control, you won’t get it back.

"...A Few Bad Apples..."

If the people of Bristol surrender this valuable public asset to the private market, they run the risk of undoing 15 years of great work. None of this is a commentary on the private provider, Sunset Digital Communications, which may be a wonderful company. The problem is that Sunset will be making the decisions in the future, not the community. 

OptiNet has helped the community retain and create jobs, attracting and retaining more than 1,220 well-paying positions from Northrup Grumman, CGI, DirecTV, and Alpha Natural Resources. Businesses have cut Internet access and telecommunications costs. Officials estimate around $50 million in new private investment and $36 million in new annual payroll have come to the community since the development of OptiNet. The network allowed public schools to drastically reduce telecommunications expenses and introduce gigabit capacity long before such speeds were the goal among educators.

Schools and local government saved approximately $1 million from 2003 - 2008. Subscribers have saved considerably as well, which explains OptiNet's high take rate of over 70 percent. Incumbent telephone provider Sprint (now CenturyLink) charged phone rates 25 percent higher than OptiNet in 2003. The benefits are too numerous to mention in one short story.

However, BVU is emerging from a dark period marked by corrupt management. This sad reality actually makes its considerable achievements all the more remarkable. Last summer, several officials from BVU's OptiNet utility were indicted and found guilty of a number of federal charges including falsifying invoices, taking kickbacks, and misusing funds all for personal gain. Four people were fined and sentenced to prison. One other official is still being tried for her involvement in misuse of funds and tax offenses.

When this small number of officials violated the trust in Bristol that accompanies a locally managed utility, their actions negatively impacted the entire community. The actions of a few bad apples may have put the entire barrel at risk.

An Unsolicited Offer

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A few months later, Sunset Digital Communications approached BVU with an offer to purchase OptiNet. Sunset had its financing in place prior to making the offer.

Sunset worked with the LENOWISCO Planning District Commission on its 2001 Fiber-to-the-Home (FTTH) project in Lee and Wise Counties in southern Virginia and Tennessee.

The company, based in Duffield, Virginia, serves 80,0000 residents and businesses. They also provide services to anchor institutions, and other Internet service providers. Sunset wants to use the OptiNet infrastructure to start an expansion into rural areas. In a recent Herald Courier article, Sunset President and CEO Paul Elswick described the relationship between OptiNet and Sunset as "friendly competitors."

Virginia Doesn’t Care About Rural People

BVU has been effectively prevented from expanding into nearby rural communities by Virginia law, which limits which business models BVU can use despite an utter lack of interest from existing providers improving their services in that region. 

BVU Authority Board Chair Jim Clifton told WCYB:

"We have peaked in our ability to compete, and again, if we can't get grants, and even with the grants, we can only go into certain areas. We can only go into a 75 mile radius of our footprint," Clifton said. He said as a public utility, they have reached the peak for providing those types of services.

Bristol's neighbors want OptiNet because of the great things it has accomplished for Bristol but state legislators will not allow the city to share the wealth. The pressure to expand through privatization is testament to OptiNet's success in a harsh, anti-muni environment.

In Steps Richmond

Rather than allowing BVU to bring its high capacity connections to those who desperately want it, legislators are using the actions of a few corrupt officials to further harm one of the few sources of economic growth in southwest Virginia.

While Sunset was pursuing BVU, State Senator Bill Carrico (R-Galax) was preparing a bill the Bristol Herald Courier described as a "wrecking ball for a job better suited to a hammer." The bill, a knee jerk reaction to the federal indictments, would reduce the size of the BVU authority and effectively transfer broad decision-making to state leadership by appointment. The editorial board described it as a way for the state to revoke local authority from Bristol for more than just OptiNet. From the Herald:

At the same time, Carrico wants to reduce to just two board members the representation from Bristol, Virginia, where the customer base represents 46 percent of OptiNet, 86 percent of wastewater, 98 percent of water, and 53 percent of electricity service business. 

We believe stronger oversight is required — and new blood on the board is essential — but not necessarily appointed from the governor’s office.

The City Council also opposed the bill but managed to get an amendment that allowed more Bristol representation on any new Board. Those members would only vote on water and sewer issures. SB 329 has passed through the Committee on Local Governments and now awaits a vote by the full body. It is not clear what will become of the bill if the sale of OptiNet is finalized.

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A Tempting Offer But At What Price?

Sunset has offered $50 million to purchase OptiNet, which now carries approximately $24.4 million in long-term debt, reports the Herald Courier. A portion of that includes interdepartmental loans from the electric division to OptiNet. The electric system, water and sewer systems carry about $20.9 million combined, the bulk of which belongs to the electric system. BVU CEO Dan Bowman told the Herald Courier that the sale of OptiNet "would enable BVU to pay off all its $48 million in long-term indebtedness in all four divisions." There is some debate about whether or not this is possible, according to the agreement between the city and the BVU Authority.

The idea of becoming debt free is intrinsically appealing, but at what cost? BVU generates the necessary revenues to service its debt. Should Sunset decide to sell to one of the big corporate providers like Comcast, subscribers will be subject to the same price hikes and sub-par customer service like the rest of us. The purchase agreement has not been made public yet, but unless Sunset agrees to retain ownership or BVU is allowed a right of first refusal if Sunset decides to sell OptiNet, the risk is real.

Moving Along

On Tuesday, the Bristol City Council quickly approved a 2009 agreement between the city and BVU to clean up loose ends so the purchase can move forward. The agreement ensures that after debts are paid, half of all proceeds from a sale of OptiNet will go to the city. The City Council seems poised to approve the purchase, which must also be approved by the Cumberland Plateau Company (CPC), U.S. Department of Commerce Economic Development Administration, National Telecom and Information Administration and Virginia Tobacco Commission. 

CPC is part of the Cumberland Plateau Planning District Commission, an entity established by the state legislature to improve economic development. CPC has the right of first refusal to purchase OptiNet because it was a partner in its deployment and its infrastructure is located in the CPC service area. If CPC and the other entities approve the transaction, the sale is expected to be finalized in May or June.

Rocks Carefully Placed For Maximum Effect

The deal is not over but momentum is moving toward the sale. No one can deny that BVU is under intense amount of pressure from several fronts. Virginia legislated a hostile environment that pushed OptiNet to privatize if it wanted to continue expanding to meet the needs of neighbors. The only interests served by this policy have been the big cable and telephone companies that maintain lobbyists in Richmond so they can pay less attention to the rest of the state.

When legislators are too cozy with big corporate Internet access providers, the only choice for expansion may be privatization. If the Virginia State Legislators were considering their constituents first, they would do what it takes to grow more networks like OptiNet. In other words, remove all barriers in the form of onerous requirements that limit expansion and discourage public investment in Internet networks.

The actions of a few corrupt BVU officials have played right into the hands of those that want to limit local Internet choice. 

Speeds Up, Prices Steady (or Down!) With EC Fiber

The East-Central Vermont Community Fiber-Optic Network (EC Fiber) recently announced plans to increase speeds across tiers with no increase in prices.

Changes will look like this:

  • "Basic" will increase from 7 to 10 Megabits per second (Mbps)
  • "Standard" will increase from 20 to 25 Mbps
  • "Ultra" will double from 50 to 100
  • The new "Wicked" plan will increase from 100 to 500 AND will include a price decrease. (Current subscribers to the Wicked tier who pay for 400 Mbps will also get the bump up to 500 Mbps and the price decrease.)

All speeds from EC Fiber are symmetrical so both download and upload are equally fast.

Self-Funded at the Start

Twenty-four communities in Vermont make up the consortium which began in 2009. The towns joined forces to deploy a regional Fiber-to-the-Home (FTTH) network when large corporate incumbent providers chose to invest elsewhere. Slow DSL was the best option in the area and local residents, businesses, and local institutions needed better connectivity.

Individual investors funded the initial network buildout but last year a new Vermont law took affect that allows towns to create "communications union districts." EC Fiber now functions under such a governance structure and organization officials expect to more easily attract larger investors and borrow at lower interest rates. EC Fiber hopes to answer requests to expand beyond its 24 member towns.

Characteristic Altruism

Increasing speeds with little or no rate increases is typical of publicly owned network communities. Tullahoma's LightTUBe, Chattanooga's EPB Fiber, and Lafayette's LUS Fiber have done it, often with little or no fanfare.

Publicly owned networks are also known to shun data caps, another tool big players like Comcast use to squeeze every penny out of subscribers. EC Fiber summed up why data caps are inconsistent with the publicly owned network philosophy:

An uncapped internet environment encourages entrepreneurs and economic growth. Despite the trend toward instituting data caps among commercial internet providers, ECFiber believes that caps are inconsistent with its mission as a community network. An unconstrained online environment frees businesses and individuals to be creative and innovative.

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."

Missouri Legislature Off to Another Anti-Muni Session: Pick Up Your Phone and Call!

If you pay attention to state laws affecting municipal networks in Missouri, you are experiencing an unsettling feeling of deja vu right now. On January 7, Representative Lyndall Fraker introduced HB 2078, a bill much like last year's Senate anti-muni bill. Fraker is Chair of the House Utility Infrastructure Committee, where  the bill is now awaiting a hearing, so it has a good chance of being heard sooner rather than later. 

Your Phone Call Required! 

Time to call Members of the Committee, especially if any of them represent you, and let them know that you expect them to vote against this bill. It is anti-competitive, opposed to local authority, and prevents new investment. Bad bill! 

Preventing Partnerships to Maintain The Status Quo

This bill would not only make it extremely difficult for local communities to invest in publicly owned Internet networks, but would complicate and delay public-private partnerships. A number of communities across the country already own infrastructure and are exploring ways to partner with private providers who want to use it to serve schools, businesses, and residents. If a community wants to lower telecommunications costs or obtain better services, this legislation would have them first jump through a series of obscure, expensive, and cryptic hoops. This legislation creates barriers that serve no purpose except to erect hurdles that discourage local communities from finding better providers.

The requirements in HB 2078 and its companion bill SB 946 are clearly intended to limit competition - to maintain the existing de facto monopolies and duopolies within Missouri. As we have seen in places like Westminster, Rockport, and in Missouri's North Kansas City, partnerships are filling a gap in places where incumbents don't feel justified investing or communities are not ready for their own high-quality Internet networks. A key benefit to allowing partnerships is the establishment of competition in areas where there is only one provider who has no reason to work to please its subscribers.

According to HB 2078, before a community can even consider offering any type of service:

"...the competitive service is not being offered to fifty percent of the addresses by any combination of service providers within the boundaries of such city, town, or village."

In other words, existing de facto monopoly status in places where there is only one provider can be easily preserved by the Missouri State Legislature if this piece of legislation passes.

State Lawmakers Impose Their Will On Local Decisions

The bill also dictates specific criteria for feasibility reports, waiting periods, and fiscal impacts. HB 2078 directs the city on specific loan requirements, limits borrowing to $500,000, and dictates interest terms. Along with other restrictions, the bill shackles local governments to the point where investing in better infrastructure is not practical.

Give the Locals What They Want!

Once again, state lawmakers are stepping over the line when they should be stepping back from it. Missouri has existing barriers that discourage publicly owned networks and negatively impact rural communities overlooked by large corporate providers. Rather than perpetuate this harmful state of affairs, state lawmakers should look to the future, strike down the state's existing barriers, and give local communities full authority to decide their own connectivity future.

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

Hanover, New Hampshire, Taps New State Law for Network

The town of Hanover, New Hampshire (pop. 11,500), is considering building its own municipal fiber-to-the-home (FTTH) network following the enactment of a new state law that makes it easier for communities to take on such projects.

Under the new state law (Chapter 240, HB486-Final Version), New Hampshire towns and cities can now establish special assessment districts to finance telecommunications infrastructure, expanding a long-standing statute. Specifically, the law now includes “communication infrastructure” as among the types of “public facilities” for which a special assessment district can be formed.

Under the expanded law, communities can finance fiber optic networks by billing individuals who reside within the district for a prorated share of the cost of installing that communication infrastructure.

Prospects for Fiber Raised

Hanover town manager Julia Griffin told our Chris Mitchell in a recent podcast of Community Broadband Bits:

“For the first time I think there is a role here for a municipal entity to help ensure that fiber is installed and that homeowners and businesses have an opportunity to connect to that network."

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“Prior to this we've been able to create districts for water and sewer and sidewalks and street lights and even for downtown maintenance; but never for communication infrastructure. Nor has the statutes that have been on the books for years, been as expansive as this one is in terms of laying out just how we make these assessment districts work.”

Since New Hampshire Gov. Maggie Hassan signed the special assessment districts measure into law last July, Hanover has started looking into building a municipal network. It is in the process of finalizing a contract with Wide Open Networks to perform the cost analysis and system network design.

Hanover Explores Building Fiber Network 

“We will likely have a completed design by late March at the latest,” Griffin told us. “We have asked them (Wide Open Networks) to develop cost estimates, recommend options of undergrounding the fiber and develop an implementation plan.”

Griffin adds:

“Ideally, Hanover employees would do all of the ditching and conduit installation which will save us the labor costs and avoid the pole attachment fiascos that tend to dominate the New Hampshire landscape.  We would then contract with FastRoads to install the fiber and property connections.  We could, potentially, coordinate with the town to our north, Lyme, New Hampshire.”

New Hampshire FastRoads, of which Hanover is a participating community, is a collaboration of the New Hampshire Community Development Finance Authority, the Monadnock Economic Development Corp., the 34 towns of the Monadnock region, and WCNH.net, the eight towns of the Upper Valley–Lake Sunapee region. Its goal is to help ensure that the businesses, institutions, and residents of the region have the right infrastructure to support jobs and sustainable economic development, including fast, affordable, reliable telecommunications infrastructure in rural areas. Griffin told us that Hanover envisions its fiber optic network would be open access

“We're really looking for how we can do this feasibly, economically for our residents in terms of making it as affordable as possible, but also streamlining the process by doing it ourselves in our own right of way. I'm looking forward to creating a working model that we hope other New Hampshire communities are going to be able to take hold of and run with it.”

New Law Long Time Coming 

Griffin, a member of the FastRoads board, says she was among people in New Hampshire who has been pushing for a change in state law for more than the past 10 years.

“We hear from our residents how important it is that they have robust Internet access, and, yet, as a municipality we're not enabled to invest in helping to bring that infrastructure to our region.” 

The new state law is a significant change for New Hampshire communities since the local governments have been very limited in how they can use public financing to invest in Internet networks. Though New Hampshire does not have any explicit barriers against publicly owned networks, the state has not authorized local governments to bond for them, which has limited local communities’ ability ensure high quality Internet access.

Griffin noted New Hampshire has technically allowed bonding under a statute that's been on the books for years:

“But it’s so impossible to implement because the telecommunication companies essentially made sure that it's ground rules are so onerous that it's virtually impossible for any municipality to take advantage of it."

Hanover borders Vermont. Although largely a rural community, the town is also home to Dartmouth College, a regional medical center, and numerous restaurants, shopping, and theater that make it an attractive draw for visitors and tourists.

Currently, about 50 percent of Hanover residents have Comcast or Fairpoint DSL, Griffin says, noting, “Both are OK but still have their limitations in today’s  streaming world.”

Meanwhile, the remaining 50 percent of town residents have no “high speed Internet service other than satellite which is expensive and really unreliable,” Griffin notes. “Many in-town customers would like faster Internet speeds while our outlying rural residents would settle for just about anything.”

Griffin explains, “We’re a community that is very heavily dependent on the Internet.”

Op-ed: Spanish Fork Proves Utah Law is Counter-Productive

The Salt Lake Tribune published this op-ed championing local investment in Internet infrastructure on December 11, 2015.

 

Op-ed: Spanish Fork’s success shows municipal Internet networks work

By Christopher Mitchell

For nearly 10 years, large telephone and cable companies have claimed municipal Internet networks are so risky that local government authority should be restricted. But after 15 years of experience, we can only conclude that the cure is worse than the disease.

Utah has three municipal networks, where local governments invested in Internet infrastructure to provide choices in a monopolistic environment. But only two of those networks are regularly discussed and used as examples of why local governments shouldn't be in this business: iProvo and UTOPIA, which were not able to meet their financial targets.

The network missing from the conversation is Spanish Fork Community Network, which has just finished paying off its debt and has generated millions of dollars in surplus revenue for the community. The network is now upgrading from community cable to community gigabit fiber optics.

Of the over 450 municipal networks tracked by the Institute for Local Self-Reliance, Spanish Fork's experience is above average. The vast majority of municipal networks deliver benefits well in excess of costs and do not require subsidies to operate.

It may come as a surprise, but iProvo and Spanish Fork are nearly twins, separated at birth and raised in dramatically different environments. Both were conceived at the same time — the same consultant did the feasibility study for each. But Spanish Fork, being smaller and more nimble, was able to move forward before Utah's Legislature weighed in to restrict local decision-making.

Comcast and the predecessor to CenturyLink crafted the legislation, which was revealed in a brilliant 2011 BusinessWeek article aptly entitled "Pssst … Wanna Buy a Law?" by Brendan Greeley and Alison Fitzgerald.

Since then, any new Utah municipal network has been subject to numerous requirements unlike anything private providers face, including a de facto requirement to use a wholesale-only arrangement.

Provo wanted to use the same business model as Spanish Fork, which we now know was tremendously successful. Whereas Spanish Fork could directly offer services to local businesses and residents, Provo was required to wholesale to other companies that delivered services.

Google has since taken over Provo's network and may soon be building in Salt Lake City, ensuring some competition for Comcast and CenturyLink in the short term at least. Whether they remain for the long term or not is their decision to make, independent of what is best for the community. Where the network is available, the services and prices will be determined from California, not Utah.

This powerlessness to ensure universal high quality access to the most important utility of the 21st century is a legacy of Utah law, which discourages locally-rooted networks. Utah should embrace the leadership from FCC Chairman Tom Wheeler, who has pushed a pro-competition agenda to bring a real choice in high speed Internet access to local businesses and residents.

Ensuring universal high-speed Internet access requires all hands on deck, not only the private companies. We are seeing new local approaches out of smart communities like Ammon, Idaho, where an incremental approach to the wholesale-only model is very promising.

But that model shouldn't be imposed on communities by the state. Especially when those state laws are written by the very industry voices that seek to limit competition. The record is clear — laws revoking local authority to create Internet choice have increased the risk to taxpayers, limited investment in better networks and have only benefited cable and telephone companies monopolies headquartered outside the state.

Christopher Mitchell is the director of Community Broadband Networks at the Institute for Local Self-Reliance in Minneapolis (MuniNetworks.org).

Maine House Representative Pushes for Better Internet Access - Community Broadband Bits Podcast 180

Eleven months ago, we noted the incredible energy in the Maine Legislature around improving Internet access. Maine State Representative Norm Higgins joins us this week for Community Broadband Bits Podcast episode 180.

Rep. Norm Higgins, a newcomer to the Legislature, pushed hard for legislation to encourage municipal open access networks as well as removing barriers to increased investment including a tax on the Three-Ring Binder project. He was part of a large majority that moved some key bills forward despite fierce opposition from Time Warner Cable and others.

We talk with Rep. Higgins about the various bills, including LD 1185, which would have created planning grants for community owned open access networks but passed without any funding.

Read the transcript from this episode here.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below.

This show is 18 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

You can can download this Mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Arne Huseby for the music, licensed using Creative Commons. The song is "Warm Duck Shuffle."

While 6th Circuit Reviews Appeal, Organized Attack Begins In House

As the Sixth Circuit Court of Appeals considers the FCC's decision to roll back Tennessee and North Carolina anti-muni laws, elected officials opposed to local authority are mounting an assault to head off possible enabling legislation. Their first target is the House of Representatives.

Poison Pens

South Carolina Governor Nikki Haley, North Carolina Attorney General Roy Cooper, Tennessee Attorney General Herbert Slattery, Tennessee Governor Bill Haslam, and Alabama Attorney General Luther Strange all sent letters to the Chairman of the House Energy & Commerce Committee, Fred Upton (R-MI). Their letters express derision at the thought of allowing local communities the ability to make decisions for themselves when it comes to ensuring local businesses and residents have the Internet access they need.

Communities with publicly owned networks such as Chattanooga, Tennessee, and Wilson, North Carolina, have prospered compared to those relying only on the large incumbent cable and telephone companies like Comcast and AT&T. Data suggest access to publicly owned networks contribute to local prosperity. Nevertheless, these elected officials have chosen to support big ISPs rather than their own constituents.

Elected Officials Protecting Campaign Interests

When the FCC released its Opinion and Order scaling back state restrictions in Tennessee and North Carolina, legislators backed by ISP powerhouses took up arms. They introduced bills, wrote editorials, and delivered speeches that put profits of AT&T and Comcast before the rights of Tennesseans and North Carolinians to have fast, affordable, reliable Internet access.

Tennessee Governor Haslam and North Carolina AG Roy Cooper each filed an appeal, to reverse the FCC's decision and keep the laws limiting competition in place. Those appeals have been consolidated and are being considered together in the Sixth Circuit.

According to Stop the Cap!, advocates for better local connectivity have observed the way telecomunications legislation is passed in Tennessee:

Haslam’s critics contend the governor has delegated his own power to protect the interests of large telecommunications corporations operating in his state — companies the critics claimed wrote and lobbied for a state law that established anticompetitive broadband corporate protectionism in Tennessee. Among Haslam’s top campaign contributors are AT&T and Comcast — Tennessee’s two largest telecommunications companies.

Haslam is not the only state leader to speak out who has a vested interest in keeping restrictions in place.

As Stop the Cap! notes, all four of these prominent politicians received considerable campaign contributions from powerhouse ISPs with an interest in limiting competition.

For a quick rundown, we collected some links:

Early Attack

The latest assault is an effort to head off federal action to guarantee local Internet choice. In addition to the FCC Order in February, Senator Cory Booker introduced such a bill last January with the support of Senators McCaskill and Markey. The issue has gained more attention over the past year as word spread of the benefits experienced in Chattanooga, Wilson, and other cities with publicly owned networks.

Big incumbent providers write checks to state lawmakers with one hand as they write legislation with the other. This is just one of the many problems with massive monopolies cornering the market in essential services: they have all the access they need to stifle competition. As long as this is the preferred campaign finance method, voters are the only ones who can punish elected officials who put big corporate interests ahead of local needs.

Tiny Mount Washington Pursues Muni in Massachusetts

Mount Washington's 167 residents will not let their small size defeat their big plans for a municipal fiber network. The community is seeking permission from the state legislature to finance, own, and operate a municipal Internet network. The bill granting Mount Washington the authority to do so, S1978, recently passed in the Senate and then moved to the House to await review.

"The Town Among The Clouds" sought special legislation to avoid being bound by the state's requirement that communities establish a Municipal Light Plant (MLP). The MLP is a separate department responsibile for municipal electricity and broadband service. Town leaders believe an MLP would be an administrative burden for such a small community; the State Senate agrees.

Many other communities in western Massachusetts have signed up to work with the WiredWest broadband cooperative to improve local connectivity. Mount Washington residents feel they can complete the project sooner on their own. 

Mount Washington, sitting in the Taconic Mountains, is the westernmost and southwesternmost town in Massachusetts and the smallest town in Berkshire County. Mount Washington State Forest and Mount Everett State Reservation cover much of the town creating a forested, sparsely populated area.

According to the Berkshire Eagle:

[Selectman Chair Brian] Tobin said Internet access in Mount Washington is nearly non-existent. Some residents have satellite dishes and other have long-distance Wi-Fi service, "but to my knowledge, no one has dial-up service."

All of these options, he said, are slow and at times unreliable.

Residents consider the project necessary infrastructure:

Tobin said the town opted to push forward on funding and building its own infrastructure because the plan will allow the community to pay for it the same way as any other town project, such as roads and buildings.

"It's something we have to do as a town," he said. "And we have the support for it."