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In NC, Bald Head Island Releases RFP for Gigabit Network

The Village of Bald Head Island, North Carolina, recently released a Request for Proposals (RFP), in its search for an FTTP network. The Village, home to about 160 year-round residents, is accessible only by ferry. Transportation on the island is limited to feet, bikes, and electric golf carts. While they may choose slower transportation methods, the people of the island want speed when it comes to Internet access.

Members of the community began working on the idea in the summer of 2013 as part of an initiative that involved several challenges facing this quiet community. They determined that the economic health of local businesses and quality of life depended on improving access, traditionally provided by AT&T and Tele-Media.

Real estate professionals on the island noted that lack of broadband interfered with the housing market. According to the RFP:

Adequate broadband service is at such a premium that current real estate transactions require conveyance of current Internet service. Otherwise, new installations can take a very long time. Inadequate broadband is a known and aggravating hindrance to daily operations of local businesses. There is very strong demand from prospective real estate buyers for high-speed broadband. Current services are of inadequate quality, and worsen in bad weather and during peak usage.

After reaching out to incumbents and potential new providers, Bald Head Island's Village Council chose to open up the possibilities and issue an RFP.

While the number of year round residents is small, part-time housing, vacation rentals, and local businesses catering to tourists are plentiful. As a result, a fiber network could reach approximately 2,500 premises. The population of the island varies based on holidays, with the number of people as high as 7,000. Community leaders expect it to increase significantly when fiber comes to the island.

We reached out to Calvin Peck, Village Manager:

"We are looking for a partner. We think fiber to the home is the way to do it. At this point there is no broadband on the island that fits the FCC's definition."

The community's main industries are real estate and tourism. While we often think of "getting away from it all" as a vacation gold standard, a number of visitors have told Peck they will vacation elsewhere until the island can get its connectivity up to speed. In addition to professionals who need to remain in touch electronically, children and grandchildren still want to stream Netflix or play games online while on vacation.

We saw similar problems in Cook County, Minnesota, where the community is engaged in a BTOP funded fiber deployment. The tourist industry in the woods also needed access to high-speed Internet to remain viable.

Even though the FCC recently struck down North Carolina laws that prevent municipalities from investing in broadband networks (or engaging in certain types of partnerships), leaders in Bald Head Island choose to move forward carefully. They know that the state challenge to the FCC's Order could restore the state restrictions based on judicial interpretation. The original bill was pushed through by then Speaker of the House Thom Tillis (now in the U.S. Senate), who is hostile to municipal networks.

Peck and village officials in Bald Head Island expect Tillis to strongly defend his bill at the federal level. They also don't know if the state general assembly will simply pass another law that could create another barrier. As a result, says Peck, they are approaching the project from a "worst case scenario" perspective. 

They hope that by the time they are operating, there will be no question, allowing them to move forward without the onerous state law requirements that stifle broadband development.

It is unfortunate that industry dollars so control North Carolina leadership that a place like Bald Head Island, with less than 200 full time residents, must develop a contingency plan to protect itself from its own state government. If the Village of Bald Head Island is willing to take on the task themselves for its own future and its right to do so has been recognized at the federal level, state decision makers should step aside and let the community proceed.

Responses to the RFP are due by June 20, 2015. View a PDF of the entire document at the Village website.

Explaining the FCC Muni Order Removing State Barriers - Community Broadband Bits Episode 143

After anticipating this moment for many months, we have a ruling from the FCC that has restored local authority to build and expand networks in North Carolina and Tennessee. Though we have already pulled out the key passages for readers, we wanted to discuss the decision with Jim Baller of Baller, Herbst, Stokes, & Lide.

Jim worked with Wilson and Chattanooga in crafting their petitions and sat down with me last week at the Iowa Association of Municipal Utilities Broadband Conference in Des Moines last week.

We went over the key issues in the ruling, including why the FCC had authority to take action, how the state laws limited investment in advanced Internet networks, the impact of the ruling, and what comes next.

See our other podcasts with Jim as well as articles that we tagged him in here. Read the FCC's Memorandum and Order here [pdf].

Read the transcript from our conversation here.

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

This show is 30 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

Listen to previous episodes here. You can can download this Mp3 file directly from here.

Thanks to Persson for the music, licensed using Creative Commons. The song is "Blues walk."

Bristol City Council Passes Resolution Supporting Bill to End Tennessee Muni Barriers

At its March 3rd City Council meeting, elected leaders in Bristol voted 4 - 1 to adopt resolution 15 - 8 reported TriCities.com. The resolution officially supports state legislation removing state barriers that prevent municipal electric utilities from offering Internet service beyond their electric service footprint. State Senator Janice Bowling and Representative Kevin Brooks are sponsoring SB 1134 and its companion HB 1303 [PDF].

Bristol Tennessee Essential Services (BTES) is one of the state's gigabit FTTH networks but like Chattanooga, is limited by state geographic restrictions. The recent FCC decision to overturn Tennessee and North Carolina state barriers has removed that legal provision but Bowling and Brooks want to make sure it happens and that Tennessee is able to embrace smarter policy without FCC intervention.

Bristol recognizes that its gigabit network provides a rare advantage in Tennessee. From the City Council agenda on the issue:

The service is an essential element of economic development, enhances educational opportunities, increases regional and global competitiveness, and provides a better quality of life. While we enjoy the benefits of being a “Gigabit Community”, there are many areas of Tennessee that lack access to high-speed broadband service. The ability to extend this service beyond the municipal electric service territory will provide an opportunity for customers to choose their provider and ensure a high quality of broadband service at a competitive price.

At the meeting, members of the Council noted that eliminating the restriction would allow BTES the ability to bring service to areas left behind by traditional providers. TriCites.com reported:

“This is David-versus-Goliath situation in that little, tiny BTES versus companies like Charter and AT&T have had the opportunity for years to develop places like Mountain City, Kingsport and Johnson City,” said Councilwoman Michelle Dolan. “Removing these restrictions would allow us to go into the cities that Charter and AT&T have not developed and for the city it’s a win-win situation.”

A PDF of the Resolution is available online and as a download below.

Tennessee Farm Bureau Association Backs State Legislation to End Barriers

The Tennessee Farm Bureau Association recently put its support behind state legislation from Senator Janice Bowling and Rep. Kevin Brooks reports the Times Free Press

The Bureau told the Times Free Press:

"Our members are hungry to have broadband," said Rhedonna Rose, executive vice president of the 600,000-member Tennessee Farm Bureau Federation. "We represent a lot of Tennesseans in very rural areas of the state who are frustrated that they don't have high-speed Internet."

SB 1134 and its companion HB 1303 are brief and direct, allowing municipal power distributors the right to extend Internet access beyond current geographic boundaries established by state barriers. Bradley County, one of EPB's neighbors, would like to have EPB expand service to them but state laws, backed by large corporate incumbents not interested in serving Bradley, forbid expansion.

According to a Chattanoogan article, EPB and Bradley County are planning for the expansion which will serve about 1,000 people; about 800 of those people rely on dial-up for Internet access. From the Chattanoogan article:

“We have people who live within half a mile of our service territory … who have nothing but dial-up, and that doesn’t make any sense” [EPB CEO Harold] DePriest said. “In a lot of cases we can get to those areas fairly easily.”

The recent FCC decision changed the landscape in Tennessee and North Carolina for now but policy advocates, telecommunications attorneys, and community leaders are braced for legal challenges. In a Times Free Press article from last week, Tennessee Republican Governor Bill Haslam stated that his office would consider appealing the FCC decision. 

Bowling and Brooks are more interested in solving the broadband problem for their constituents than in asserting rights as state legislators. They know untangling the impending court cases could slow the current momentum to bring better connectivity to Tennessee. Rather than wait for a decision, Bowling and Brooks are taking action as policy makers.

Bowling, who serves Tullahoma and its gigabit community, is a long-time supporter of local choice. She told the Times Free Press:

"Tennessee can take care of business for Tennessee," Bowling said. "We don't need the federal regulation so much; we just need the freedom to expand high-speed broadband in small-town Tennessee."

Last fall we introduced readers to some of the people from the small towns in Bradley County who desperately need help from EPB. Joyce Coltrin, a local business owner, told us that her business must rely on expensive mobile broadband even though she is less than 1/2 mile from EPB's service area. Joyce is leading a group of persistent residents who support SB 1134 and HB 1303. Joyce spoke with the Times Free Press:

Joyce Coltrin, a member of the group “Citizens Striving to be Part of the 21st Century, said, “I am hearing many legislators today talking about states’ rights and saying that the Federal Communications Commission has no right to go around state laws concerning the internet. I suggest that the logical extension of that thought would be that a state has no right to go around its commitment to the betterment of its citizens by denying access to the internet.”

Cable Companies Lose Big at FCC, Barriers to Community Broadband Struck Down

For Immediate Release: February 26, 2015

Contact: Christina DiPasquale, 202.716.1953, Christina@fitzgibbonmedia.com

BREAKING: Cable Companies Lose Big at FCC, Barriers to Community Broadband Struck Down

Two southern cities today persuaded the Federal Communications Commission to recognize their right to build their own publicly owned Internet networks where existing providers had refused to invest in modern connections. The 3-2 FCC vote removes barriers for municipal networks in Chattanooga, Tennessee and Wilson, North Carolina, to extend their high-quality Internet service to nearby areas.  

Said Christopher Mitchell, Director of Community Broadband Networks at the Institute for Local Self-Reliance:

“Cable companies lost their bet that millions spent on lobbying to stifle competition was a wiser investment than extending high-quality Internet to our nation’s entrepreneurs, students and rural families. 

“Preventing big Internet Service Providers from unfairly discriminating against content online is a victory, but allowing communities to be the owners and stewards of their own broadband networks is a watershed moment that will serve as a check against the worst abuses of the cable monopoly for decades to come.”

The FCC decision sets an historic precedent for towns working to offer municipal broadband networks in twenty states that have enacted limits or bans on local governments building, owning, or even partnering to give local businesses and residents a choice in high speed Internet access. Three-quarters of Americans currently have either no broadband or no choice of their Internet provider. 

Christopher Mitchell, the Director of Community Broadband Networks at the Institute for Local Self-Reliance, has traveled to over 20 states and spoken with over 100 community groups looking to provide high-quality Internet for their residents. He has also advised members of the FCC on related telecommunications issues in the lead-up to the decision.

For interviews around the FCC decision, please contact Christina DiPasquale at 202.716.1953 or at christina@fitzgibbonmedia.com. To view a map tracking local government investments in wired telecommunications networks and state laws that discourage such approaches, please visit: http://www.muninetworks.org/communitymap.

Municipal broadband networks (munis):

  • Create thousands of new private sector jobsA collaborative muni effort in Georgia between five towns, is credited with bringing over 6,000 new jobs to the region by building and sustaining their network. The muni in Springfield, MO convinced online travel company Expedia to move to the town and has 900 local jobs because their network allowed the company to stay and expand.
  • Protect consumers by offering competitive pricing. During the period of 2007-08, Time Warner Cable increased rates up to 40 percent in some of the areas in Raleigh, NC, while not increasing rates in nearby Wilson—which has a strong muni. Chattanooga’s muni grew from a basic connection of 15 Mbps, when it was first founded, to 100 Mbps today–without raising prices once. The slowest connection available in Chattanooga from the utility is 10 times faster than the average American connection.
  • Provide higher speed Internet that allows for increased business activity. The largest employers in Wilson, NC rely on the municipal broadband network for their transactions. The muni in Springfield, MO, attracted John Deere Remanufactured and the McLane Company to the area. 
  • Do not rely on taxpayer financing, like large private telephone companies. Most municipal networks are financed through methods that do not involve raising taxes: revenue bonds, interdepartmental loans and savings created by ending expensive leased services. Dakota County in MN has saved $10 million over 10-15 years by building their own network and ending leases. Over $2 million in revenues from the Thomasville, GA network contributed to the town’s ability to eliminate its local fire tax.
  • Receive broad support from voters, regardless of party affiliation. Roughly 3 out of 4 cities with citywide munis reliably vote Republican and polling shows that 2 out of 3 Republicans, Independents, and Democrats prefer that decisions about how to best expand their Internet access be made by local governments.
  • Foster the strength of local businesses. Politically conservative communities in Chanute, KS, and Lafayette, LA, have munis that are working on the deployment of fiber networks to encourage economic development by allowing businesses to market themselves and compete online in the global marketplace. Lafayette has added over 1,000 tech jobs in 2014 alone.
  • Expand educational opportunities. The muni in Longmont, CO, is now providing 10 times the bandwidth that their school district previously received from a private provider at an annual savings of $100,000. Munis in Carroll County, MD, and Chanute, KS, have both allowed schools they service to offer new distance learning classes in multiple locations via video streaming. The city of Rockport, ME, partnered with a nonprofit college to bring students upload speeds 200 times faster than Time Warner Cable’s package for the area.

Opelika Speaks From Experience: Support Local Authority!

Opelika has offered FTTH to residents and businesses for less than six months but already it is singing the praises of local choice. Mayor Gary Fuller is now speaking out in an opinion piece in AL.com, encouraging the FCC to allow Wilson, Chattanooga, and other communities to have the same opportunity as Opelika.

Mayor Fuller points out that local telecommunications authority is an organic outgrowth of local self-reliance:

Cities have always been at the heart of economic expansion, entrepreneurialism, and local connection to citizens, charged with ensuring high-quality education for our children, caring for our sick and elderly neighbors, and laying the foundation for shared prosperity. As we look to the years ahead, high-speed broadband will only become more and more important to the quality and vitality of our community. 

That's why in Opelika, I led the charge to become the first city in Alabama to offer this cutting edge technology, both to residential and business customers. As a result, Opelika citizens now have access to fast, reliable broadband speeds that will turn possibilities into real opportunities. Businesses now have more opportunities to expand and grow, work more effectively and efficiently, and compete in a larger market. 

As one of over 450 communities that have invested in the infrastructure for better connectivity, Opelika can speak from experience. Mayor Fuller encourages all FCC Commissioners to support the notion of local choice:

The important fact is that every city must have the power to make the best decisions for their residents, free of interference. That's why the Federal Communications Commission should join Chairman Wheeler in preserving these two communities' right to self-determination. 

In Opelika, our citizens are building a stronger more prosperous city based on local Internet choice. If more cities have those same opportunities, someday soon it may not be so strange for a 30,000-person city to offer blazing fast Internet.

Check out Opelika's recent marketing videos and listen to Chris interview Mayor Fuller back in Episode #40 of the Community Broadband Bits podcast.

Local Authority Restrictions One of the "Worst Policy Ideas of 2014" According to Wonkblog

We are well into the new year; a look back at 2014 can be instructive if we strive to learn from our mistakes. A December article from the Washington post Wonkblog listed "11 of the worst policy ideas of 2014" and, of course, state barriers restricting local telecommunications authority was on the list:

Fed up with limited choices, high prices and shoddy service, many cities want to turn their back on large Internet providers by building their own municipal broadband service. Standing in their way are state legislatures, lobbyists for the telecom industry and even federal lawmakers who believe states should have control over what projects their cities invest in.

Fortunately, this is something that we can change - let's educate elected officials to ensure there are no new barriers and existing barriers are repealed!

Missouri Bill Creates New Barriers to Community Networks

Republican State Representative Rocky Miller began the new legislative session with a bill designed to yank authority from local communities that need better connectivity.  Even though the state already preempts local authority to sell telecommunications services and requires a referendum for cable, there is a current exemption for "Internet-type services." HB 437 [PDF] removes that exemption and would make it all but impossible for a local community to ensure they had access to the same types of services now available in Kansas City.

The bill prohibits communities from offering services if there are any private providers with no regard to the type or quality of those services. There can be no mistake that bills such as these are aimed directly at communities contemplating building their own gigabit networks because the existing service providers have refused to invest in the needed infrastructure.

Cities like Columbia, Nixa, and Carl Junction have taken proactive steps to encourage investment economic development growth that this bill would prevent. In Springfield, the city would have more than 1,000 fewer jobs without the city-owned SpringNet, which we have covered multiple times.

The Coalition for Local Internet Choice (CLIC) released this statement about the bill:

The state of Missouri is the latest legislature to attempt to erect barriers to the deployment of broadband networks that are critical to the future of its local economies and the nation, via House Bill 437. High-bandwidth communications networks are the electricity of the 21st century and no community should be stymied or hampered in its efforts to deploy new future-proof communications infrastructure for its citizens – either by itself or with willing private partners. It is ironic that while the International CES show in Las Vegas spotlighted hundreds of new devices and applications that require big bandwidth, legislation would be introduced in Missouri that would impair the development of networks that enable that bandwidth.

The hundreds of communities, companies, and private citizens that make up the Coalition for Local Internet Choice (CLIC) urge the Missouri legislature to reject this ill-informed effort to tie the hands of Missouri’s own communities.

Over the past year, the community of Columbia contended with incumbent CenturyLink's efforts to block its attempt to improve connectivity for local businesses. Consultants recently found that 84% of local businesses do not get the Internet speeds they need. While Columbia Water & Light now offers dark fiber, the consultants suggested developing an open access fiber network for commercial customers.

Miller's district includes Jefferson City, one of the communities where CenturyLink announced it would offer limited gigabit services.

HB 437 is not scheduled for a hearing yet, but we are watching and will post relevent updates.

Update: Missouri removed the referendum requirement for municipal cable in 2010. It is unclear but cities do not appear to have the authority to offer cable services in any circumstance presently.

CLIC Leadership on Gigabit Nation to Talk Breaking Down State Barriers

Jim Baller and Joanne Hovis, two leading voices in the drive to restore local authority, recently spoke with Craig Settles on Gigabit Nation. Baller and Hovis, the President and the CEO, of The Coalition for Local Internet Choice (CLIC) spent about an hour discussing how CLIC is finding ways to help businesses, individuals, and public entities work with elected officials to retain or regain the right for local authority.

From the Gigabit Nation website:

Listeners gather insights to working with willing incumbents, developing public-private partnerships, establishing their own networks when necessary, or creating other inventive approaches that work for their communities. Both guests share their many years of experience in helping communities obtain the many benefits of advanced communications capabilities. Baller and Hovis formed CLIC to give voice to the wide range of public and private interests that support local choice and to provide communities practical advice and the tools necessary to prevent new state barriers from being enacted and to remove existing barriers.


Check Out Internet Podcasts at Blog Talk Radio with cjspeaks on BlogTalkRadio

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.