level playing field

Content tagged with "level playing field"

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Stimulus - Private Companies Won

Last summer, I predicted the NTIA's rules for the broadband stimulus would disadvantage the public sector and tilt the playing field toward the private sector. I was right. Consider a recent story about the first round of the stimulus:
With time and resources scarce and applications to review from nearly 2,200 entities, favoring vendors was less complicated because they wrote savvier proposals and required less follow-up, in Winogradoff's view.
Private companies were able to submit savvier proposals and generally swamp the system with far more proposals, slowing the entire process because the federal agencies did not expect the volume. NTIA claimed they wanted to make the funds more widely available and instead shut out much of the public sector. NTIA, along with most federal agencies, simply does not understand that a "level playing field" between private companies and the public sector is simply not possible. The public sector has different interests - maximizing social benefits whereas the private sector is interested in generating profits. Public and private entities are different creatures, operating in different regulatory environments, with divergent motivations. You can no more create an objectively level playing field between the two than one could in designing a contest between basketball and soccer teams. The rules are simply going to favor one or the other. The question becomes, who should the rules favor? When it comes to infrastructure and tax dollars, the rules should favor those who put the public interest first. This was the lesson of the Rural Electrification Administration, which was horrified at the idea of lavishing grants on profitable companies in the hopes they would temporarily invest in rural areas. Instead, they offered loans to cooperatives and extended electricity to farms across the country during the worst Depression in our history. What have we learned from that? Nothing. We contort our policies while offering more and more money to companies that time and time again show they have no interest in serving rural America. This is ludicrous - not only have we already built a wire out to almost every home in America, we still have the polls!

Municipalities Compete with the Private Sector

At a general discussion yesterday at the NATOA National Conference down here in New Orleans, I was stunned to hear someone from the muni world accept the idea that some municipalities do not want to compete with the private sector. I say stunned, not because I'm surprised to hear that some towns do not want to provide telecommunications services in competition with the private sector, but because towns "compete" with the private sector in many ways that go unnoticed. Police and education are two examples in which every community provides services in competition with the private sector (security guards and private schools). Most communities have libraries - taking sales away from hard-working bookstores. Some towns provide municipal golf courses or public swimming pools. There are many ways in which it is acceptable for the public sector to "compete" with the private sector. The problem with accepting the blanket statement that the public should not compete with the private sector is that it 1) is factually inaccurate and 2) suggests that to provide telecommunications services would be a substantial deviation from the historic role for municipal and local governments. The truth is that local governments have long stepped in, where necessary, to ensure the community has everything it needs to be successful. Interestingly, this has included both municipal liquor stores and lumber yards in many remote communities. Properly posed, the question is not whether communities should deviate from their historic role of avoiding competition with the private sector, but whether telecommunications falls into that area that communities have long elected to serve when a community need is unmet. This is a question with which most communities will wrestle, but they should do so on honest terms. Though providing telecommunications services in some communities may be novel, they have long "competed" with the private sector in other generally accepted areas. Communities will come down on both sides of providing services and time will tell if they made the right decision for their community.

Proactive Broadband Communities and NATOA Awards

Craig Settles recently wrote "Debunking Myths about Government-Run Broadband" to defend publicly owned networks (the title is unfortunate as many networks are publicly owned but not necessarily run directly by the government). Nonetheless, he tackles several false claims commonly levied against public networks and offers an entertaining rebuff to those rascally incumbents down in North Carolina that keep trying to buy legislation to protect themselves from competition:
Time Warner tried to get a bill passed in the state legislature this year to prevent cities from offering broadband service. They claimed community networks create an un-fair playing field. Personally, if I ran a bezillion dollar company and a small town of 48,000 with no prior technology business expertise built a network 10 times faster than my best offering, I’d be embarrassed to be associated with the bill. If incumbents want to level the playing field, maybe they should outsource their engineering operations to Wilson.
He revealed an upcoming list of ten smart broadband communities that has since been published here. This is a mixture of communities that have taken action to improve broadband - a variety of models and community types. Without detracting from this list, I want to note that some networks are missing important context. For instance, Wilson NC, lists an unimpressive number of subscribers currently, but the network is still being built and many who want to subscribe are not yet able to subscribe. Additionally, it would be nice to see the prices offered for each speed tier -- many of these networks keep higher speed tiers much more affordable than do traditional carriers. That said, many kudos to Craig for putting this list out there (he will be putting similar lists up in the near future). While on the subject of impressive community networks, NATOA has announced its community broadband awards.

What Can States do?

What can states do? Many states want to improve broadband access for their citizens. Some states genuinely want to act and others are content to give some money to industry-front group Connected Nation and form a Task Force in order to give the appearance that they are doing something rather than actually taking action. However, the problem is difficult because in a time of severe budget crunches, states may not have the funds to invest directly in infrastructure or help communities do so themselves. There are some options - and I recently highlighted one: Virginia's Broadband Infrastructure Loan Fund. The Virginia Resources Authority (VRA) now has a revolving loan fund to help communities build the broadband infrastructure they need. Unfortunately, the fund has started empty but they are in search of grants to get started until the state can seed it. Even without the revolving loan fund, which keeps a very low interest rate for loans, the VRA is available to help communities that want to approach the capital markets for infrastructure funds. Communities may not have sufficient experience in this arena or may just benefit by having the VRA combine multiple small needs into a larger package at a better rate. Elsewhere, the Vermont Telecommunications Authority was supposed to serve a similar function but seemed to be immediately captured by Fairpoint and turned into a tool for private companies. One of the most basic things a state should do is ensure it has not created barriers to public investments in broadband networks. It may be a few years old, but the American Public Power Association created a list of laws blocking or retarding community broadband networks. These should be repealed. Those arguing that the public sector has too many advantages should read our discussion about the level playing field. Capitol photo by Rob Pongsajapan

Level Playing Field

Many private, often incumbent and monopolistic, providers use the term "level playing field" as code for ensuring communities are unable to build their own networks. They do not actually want a "level playing field," they want more advantages for their businesses.

Consider the fight in 2009 over this issue in North Carolina:

HB 1252 would create extraordinary financial accounting and administrative burdens on municipal broadband providers that would render their existence fiscally difficult, if not impossible. The bill also subjects municipalities to the new jurisdiction of the North Carolina Utilities Commission, while not requiring the same of private providers. Also troubling is the injunctive relief provision, which could encourage litigation for purposes of gaining competitive advantage. Furthermore, the legislation appears to prevent municipalities from pursuing alternative funding sources, such as broadband grant programs included in the Federal stimulus bill, the American Recovery and Reinvestment Act of 2009. Source: Save NC Broadband Blog

Additionally, the process in North Carolina reveals the extent to which private providers like Time Warner buy legislation in some states.

While big companies like Time Warner Cable pretend to be the underdog compared to community networks, the reality is that big national corporations have far more advantages than any local government. We created this video to illustrate the point:

 

Cross-Subsidizing

Cable and telephone companies are able to cross-subsidize their networks - they can charge more in the areas they serve where there are no competitors in order to charge less in a competitive community. Numerous state and federal laws prohibit public entities from cross subsidizing across services. Further, when private companies are forced to have open meetings and disclose their business plans like their public sector counterparts, we will be closer to a "level playing field."

Who Has the Advantage?

In 2005, the Florida Municipal Electric Association rebutted many of the common charges levied against publicly owned networks. The following charts are from "The Case for Municipal Broadband in Florida." It must be noted that different states have different laws, but in general, claims that the public sector has overwhelming advantages over the private sector are absolutely false.

Taxes and revenues Public Private
Gross Receipts Taxes Yes Yes
Sales Tax Yes Yes
Communications Services Tax Yes Yes
Documentary Stamps Yes Yes
Intangibles Tax Yes Yes
Property Tax Yes* Yes
Payment in lieu of taxes Yes No
Corporate Income Tax No Yes
* Under dispute at the Florida Supreme Court
Regulatory Requirements Public Private
Public purpose requirement Yes No
Public records law Yes No
Open meeting law Yes No
Competitive bidding Yes No
Civil Service Yes No
Public hearings on budget/financing Yes No
Public election or recall of CEO (Mayor) Yes No
Conflict of interest standards Yes No
Intra-fund transfer restrictions Yes No
Investment restrictions Yes No
Local regulation via referendum and initiative Yes No

"Private sector companies have completely different goals, driven by shareholders’ and the financial community’s demand for high, near-term profits from user revenues. In the face of this reality, it is completely inappropriate to use of conventional Wall Street metrics to judge whether a municipal project is successful. The metric for success certainly should not be: “If this were a private firm, would Wall Street like it?”
Source: Jim Baller and Casey Lide - "The Case for Public Fiber-to-the-User Systems"

The very idea that one could somehow balance the advantages and disadvantages of different providers is suspect, as explained by the Georgia Public Service Commission (cited by Baller and Stokes):

Preventing anticompetitive practices, unfair competition, and abuse of market position does not mean that the Commission must impose conditions on every applicant which has some advantage not shared by every other applicant. The Commission is required to treat all LEC's [Local Exchange Providers – i.e. phone companies] equally, not make all LEC's equal. BellSouth and the large cable companies certainly enjoy better capital costs than a typical small business owner. Does this put the small company at a competitive disadvantage? Of course. Should the Commission determine which LEC has the highest capital costs and require that all other companies impute that amount into their rates to level the playing field"? Certainly not. If Marietta has to comply with expensive open records requirements or expensive municipal bidding requirements, should those costs be imputed into the rates of all private companies? Again, no. Similarly, if BellSouth has a large tax write-off one year, it would be ridiculous to require that they impute into their tax rates the taxes they did not have to pay merely because some other company may not have had a tax write-off that year.

What is undeniable is that the public sector and the private sector serve different ends. In general, the private sector excels at maximizing returns for investors and focuses on the short term. The public sector primarily invests for the long term and in order to maximize social benefits. Therefore, the public sector and private sector use different balance sheets.

How public balance sheets differ from private

If a broadband network encourages economic development because it offers fast speeds, reliability, and affordable prices, a public balance sheet benefits tremendously as the community prospers. However, private balance sheets would not reflect many of the social benefits because they cannot be monetized for shareholders.

If a broadband network discourages economic development by foregoing costly upgrades that would improve service, the private balance sheet may benefit but the public balance sheet would suffer due to a decrease in social benefits.

When subscribers make their monthly payments, it shows up once on the private balance sheet (assuming the owner is located outside the community). Some of that money returns to the community in the form of taxes and salaries for technicians. However, on a public balance sheet, the revenue has a larger multiplier effect because that money stays in the community.

Another significant difference between the balance sheets is how much profit is necessary. On a private balance sheet, there is a pressure to profit quickly and increase profits year after year. On the public balance sheet, if it takes ten years to break even, that is acceptable (when was the last time a road "broke even?"). The pressure to profit on the private side results in off-shoring or cutting back on local support that degrades service. On the public side, if a network takes an extra year to generate net income because it has hired another local technician to ensure prompt service, the community benefits.

We are not opposed to profit -- in fact, we work regularly with small businesses to create an environment that encourages them to succeed. In order to succeed, they need access to fast, affordable, and reliable broadband connections. But networks that prioritize profit first tend not to deliver the connections on which all other businesses depend.

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