Major Media Outlets Cover 6th Circuit Decision Limiting Local Authority

Various Sources, August 10-11, 2016

A circuit court decision this week means the digital divide in Tennessee and North Carolina will be allowed to continue. This week, the 6th Circuit Court of appeals decided to dismiss the FCC's decision to encourage Internet investment by restricting local authority to build competitive Internet networks. In February, ILSR and Next Century Cities filed an Amicus Brief in support of the FCC's position. Here is a selection of media stories which cite ILSR.

MEDIA COVERAGE - "Court of Appeals Overrules FCC Decision"

Cities looking to compete with large Internet providers just suffered a big defeat by Brian Fung: The Washington Post, August 10

There are signs, however, that municipal broadband proponents were anticipating Wednesday's outcome — and are already moving to adapt. One approach? Focus on improving cities' abilities to lay fiber optic cables that then any Internet provider can lease; so far, only one state, Nebraska, has banned this so-called "dark fiber" plan, said Christopher Mitchell, who directs the Institute for Local Self-Reliance's Community Broadband Networks Initiative.

"We're pursuing strategies that are harder for the cable and telephone companies to defeat," said Mitchell.

Circuit court nixes FCC’s effort to overturn North Carolina, Tennessee anti-municipal broadband laws by Sean Buckley: Fierce Telecom, August 10, 2016

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However, pro-municipal broadband groups like the Institute for Local Self-Reliance, which filed an amicus brief in support of the FCC's position, said they are "disappointed that the FCC's efforts to ensure local Internet choice have been struck down.”

Court Deals FCC a Big Blow in Municipal Broadband Ruling by Alex Byers: PoliticoPro August 10, 2016 (subscription needed)

For now, proponents of the FCC’s order said they would work state-by-state to change laws restricting municipal broadband networks. Christopher Mitchell, director of the Institute For Local Self-Reliance’s Community Broadband Networks program, said the FCC order highlighted the issue and inspired other communities. “The FCC may have lost the case but they’ve still done a service for America,” Mitchell said. “In making the decision that was later overturned, they certainly elevated the issue.”

Analysis: The government just lost a big court battle over public Internet service by Brian Fung: Chicago Tribune, August 11, 2016

Congress Should Support Community Broadband Networks, Advocates Say by Sam Gustin: Motherboard Vice, August 11, 2016

“I would love to see renewed enthusiasm around this bill, and I would love to see it pass,” Christopher Mitchell, Director of Community Broadband Networks at the Institute for Local Self-Reliance, told Motherboard. But with Republicans currently in control of both the House and the Senate, Booker’s bill has virtually no chance of becoming law, especially given the tremendous amount of political influence wielded by the likes of Comcast and AT&T, Mitchell said. He warned that even if the legislation moved forward, industry-friendly lawmakers could try to weaken the bill or insert anti-community broadband provisions... “With the GOP in control, Marsha Blackburn would crush this legislation,” Mitchell said. “That’s why she gets more money from the cable and telecom industry than anyone else. She would make sure it doesn’t go anywhere.”

U.S. court rules FCC lacks authority to upend state bans on community-run broadband by Aaron Sankin: Daily Dot, August 11, 2016

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Last year, the FCC made a bold push to let cities and counties around the county make significant investments in their high-speed internet infrastructure. On Wednesday, a trio of federal judges dealt that effort a major setback... “We thank the FCC for working so hard to fight for local authority and we hope that states themselves will recognize the folly of defending big cable and telephone monopolies and remove these barriers to local investment,” Mitchell said in a statement. “Communities desperately need these connections and must be able to decide for themselves how to ensure residents and businesses have high quality Internet access.”

Federal court blocks FCC efforts to protect municipal broadband expansion by Alex Koma: StateScoop, August 11, 2016

Indeed, Chris Mitchell — director of the community broadband initiative for the Institute for Local Self-Reliance — argues that “states have gotten away with pulling a fast one in terms of lying about their intentions,” claiming that the matter isn’t so easily dismissed as a question of federalism. “The challenge is understanding whether these states are regulating their cities or regulating interstate commerce, as the FCC argued, and I think that these states are clearly trying to regulate internet access, as opposed to just what these cities could do,” Mitchell said. “I don’t think the court really got that.”

Next Steps Pondered After Muni Cable Ruling by Gary Arlen: Broadcasting and Cable, August 11, 2016

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"Once there's light shined on those laws, enough state legislators will decide it's time to stand up to the incumbents," said Mark C. Del Bianco, an attorney who represented Next Century Cities and the Institute for Local Self-Reliance, two advocacy groups that supported the efforts of Chattanooga, Tenn., and Wilson, N.C., to build competitive high-speed networks for their citizens."

Court Says FCC Can't Stop States from Blocking City Broadband Efforts by Shirley Siluk: NewsFactor Network August 11, 2016

"We're in a better place now that we had been [before] the FCC order," Mitchell told us today. "More communities have been inspired. We've seen a remarkable increase in the number of municipalities promoting access."

Mitchell said FCC commissioners who supported the order deserve a lot of credit for such developments. Mitchell said that outside of efforts in Tennessee and North Carolina, his organization's work to promote local broadband development will continue uninterrupted.

Photo of the newspaper stack courtesy of Globalimmigrantnews through Wikimedia Commons. 

Press Release: The 6th Circuit Court of Appeals decided to dismiss the FCC's decision to encourage Internet investment in Tennessee and North Carolina

The 6th Circuit Court of Appeals decided to dismiss the FCC's decision to encourage Internet investment in Tennessee and North Carolina

Minneapolis, MN - The 6th Circuit Court of Appeals decided today to dismiss the FCC's February 2015 decision to encourage Internet investment in Tennessee and North Carolina. Tennessee and North Carolina had both restricted local authority to build competitive networks.

"We're disappointed that the FCC's efforts to ensure local Internet choice have been struck down," says Christopher Mitchell with the Institute for Local Self-Reliance. "We thank the FCC for working so hard to fight for local authority and we hope that states themselves will recognize the folly of defending big cable and telephone monopolies and remove these barriers to local investment. Communities desperately need these connections and must be able to decide for themselves how to ensure residents and businesses have high quality Internet access."

ILSR and Next Century Cities filed an Amicus brief in support of the FCC's position. View the Court's Opinion here.

Contact:

Rebecca Toews

rtoews@ILSR.org

612-808-0689

Sixth Circuit Court of Appeals Reverses FCC In Disappointing Ruling

Disappointing news from the U.S. Sixth Circuit Court of Appeals today as the Court chooses to reverse the FCC’s February 2015 preemption order that peeled back restrictive state laws in Tennessee and North Carolina. We have the opinion for you to download and review. You can also view the decision at the Sixth Circuit's website.

We consider the Sixth Circuit’s decision disappointing, incorrect, and we hope the FCC and the cities of Chattanooga and Wilson appeal this decision. Local connectivity and telecommunications should be determined by the people who will be affected by their own decisions, not by officials who are distant, unaware of local matters, and lobbied by rich corporate Internet Service Providers with an interest in limiting competition.

Anti-Monopoly, Pro-Internet Access Groups React

In their statement, Next Century Cities, who joined us in filing an Amicus Brief, said, "Today’s court ruling is a setback in the fight to ensure access to next-generation broadband for more Americans, and Next Century Cities is disappointed by this decision."

The Open Technology Institute (OTI) responded by pointing out that, while the effort to restore local authority has stalled, the FCC's action has focused new attention on the benefits of local publicly owned networks:

“Today’s ruling doesn’t change the fact that these laws were hurting communities in Tennessee and North Carolina. They were written by telecom industry lobbyists to protect incumbents like AT&T and Comcast from competition. Similar laws exist in other states, and they all need to go. State legislatures should repeal these laws and replace them with ones that promote competition and consumer choice.

Although the FCC lost this particular case, the agency’s efforts put a spotlight on these pernicious laws and gave momentum to repeal efforts in statehouses across the country. The case also highlighted the success of locally grown networks, which are typically faster and more affordable than anything offered by private industry. Every community should have the ability to make smart investments in this type of infrastructure.”

Baller, Stokes & Lide, the lead counsel to EPB and Wilson, pointed out that this is only one battle in a war for restoring the rights of communities to pursue their own Internet infrastructure decisions:

“This is a very disappointing decision, but support for local Internet choice is growing rapidly across America, and the fight to preserve, protect, and advance community decision-making will go on,” said Jim Baller. 

The Coalition for Local Internet Choice (CLIC) and Common Cause also released statements that expressed deep disappointment and a resolve to press on to restore local authority. Common Cause Special Advisor Michael Copps, himself a former FCC Commissioner, stated:

"This decision does not benefit our broadband nation. Nor is it a good reading of the law. But if the FCC cannot set aside these bad laws, then the people must. We will redouble our state-by-state efforts to repeal these odious policies.”

FCC Commissioners Also React

Read their statements about the decision that reversed the Commission's action:

To learn more about the decision, check out our prior coverage:

If you really want to understand this issue well, we recommend Harold Feld's discussion of it on the Wetmachine group blog.

More to come. We will comment further as we dig into the Opinion...

Middle Mile vs Last Mile - Community Broadband Bits Podcast 214

As the next President considers how to improve rural Internet access, the administration will have to decide where to focus policy. Some at NTIA - the National Telecommunications Information Administration, a part of the federal Department of Commerce - have argued for more middle mile investment. NTIA oversaw major investments in middle mile networks after the stimulus package passed in 2009.

To discuss the relevance of middle mile investment against last mile investment, we brought Fletcher Kittredge back, the CEO of GWI in Maine. Fletcher has extensive experience with both middle mile and last mile investments.

We talk about whether more middle mile will actual incent last mile investment and, more importantly, how to build middle mile correctly to get the best bang for the buck. Along those lines, we talk about avoiding cherry-picking problems and one of my favorites, how to ensure that rural investment does not inadvertently promote sprawl.

Read the transcript of this episode 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.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Roller Genoa for the music, licensed using Creative Commons. The song is "Safe and Warm in Hunter's Arms."

"YES!" RS Fiber Wins More Recognition

Minnesota's RS Fiber Cooperative is getting well-deserved attention from a variety of sources far beyond the Land of 10,000 Lakes. In addition to kudos from experts in the telecommunications industry, their story was recently shared in YES! Magazine.

Innovative Partnership

On August 1st, the National Association of Telecommunications Officers and Advisors (NATOA) announced that RS Fiber Cooperative had received that 2016 Community Broadband Innovative Partnership Award. NATOA President Jodie Miller said of this award and the other 2016 distinctions: “These pioneers were selected based on their extraordinary efforts, achievements and innovation in community-based approaches to broadband technology.” NATOA will present the awards in September at their 36th Annual Conference in Austin, Texas.

Earlier this summer, the communities that belong to the co-op were honored with an award from the Minnesota League of Cities.

YES! Magazine Profiles RS Fiber

Ben DeJarnette from YES! Magazine spoke with our Christopher Mitchell about the cooperative:

“I don’t want to say that everyone can do this, but a lot of places could do it if they had this effort,” Mitchell said. “And I don’t think anyone’s going to have to go through the same level of challenge again, because now there’s a model.”

DeJarnette's article described some the struggles of rural life with poor or absent Internet access based on our report, “RS Fiber: Fertile Fields for New Rural Internet Cooperative”: farmers unable to share crop data with business contacts; local businesses with no access to online commerce; and school children with no way to complete online homework assignments. The article explains how the RS Fiber project is helping this collaboration of small rural communities overcome the rural digital divide.

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The article also dedicates sufficient coverage to the way the RS Fiber Cooperative is funding their infrastructure build. With no federal funding, and investment from community banks, this project is truly locally grown. From the article:

As long as local demand meets projections, revenue from the broadband network will more than repay government loans, and taxpayers won’t owe a dime. 

“That’s the win-win,” said Chris Mitchell, director of the Institute for Local Self-Reliance’s Community Broadband Networks Initiative, who has studied the project. “It’s a model in which local governments can take on the risk if they’re willing, and local banks can get a very reasonable return.”

The Fifth Utility

Lisa Skubal, vice president of economic development for the Cedar Valley Chamber of Commerce spoke with DeJarnette about the roll that high-quality Internet access plays in Cedar Falls, Iowa. “From an economic development standpoint, fiber optic high-speed Internet is the fifth utility…We live in such a globalized society right now that having broadband connectivity is imperative for businesses.” Last year, President Obama visited the community to highlight the potential of publicly owned Internet infrastructure.

The RS Fiber Cooperative network has already attracted a new endeavor to the region. The Minnesota College of Osteopathic Medicine, attracted by the new fiber network, will be operating out of a building in Gaylord, one of the communities that belong to the co-op.

More On RS Fiber

Learn more about how farmers use this new utility and how the co-op has changed life in rural Minnesota in a recent PBS News Hour video, which features RS Fiber and a similar project, in Massachusetts, Wired West.

Get the details on the RS Fiber Cooperative from our report, free to download and to share.

You can also check out our other coverage, including Christopher's interview with Mark Erickson, City of Winthrop Economic Development Authority Director, and Renville-area farmer Jake Rieke in Episode #198 of the Community Broadband Bits podcast. We also spoke with Mark and Coop Vice-Chair Cindy Gerholz early in the process during Episode #99. You can find more at the RS Fiber Coop and Sibley County tags.

Community Broadband Media Roundup - August 8

California

Cruzio to launch high-speed Internet pilot project by Jessica A. York, Santa Cruz Sentinel

The move is designed to create a demonstration area ahead of completed public-private negotiations with the city of Santa Cruz to co-develop a new $30-$40 million broadband utility citywide. Cruzio expects to display both the construction methods and business model needed to wire up each participating home and extend its underground fiber optic cable network “backbone” by self-funding the first step.

 

Colorado

Boulder County, Colo., considers putting municipal high-speed broadband on November ballot by John Fryar, GovTech

 

Florida

AT&T fined $106K for overcharging schools in Florida under E-rate program by Sean Buckley, FierceTelecom

 

Massachusetts

Colrain forming new broadband committee by Diane Broncaccio, The Recorder

 

Minnesota

Border-to-Border Broadband working for Southeast Minnesota by Mary Phipps, The Kenyon Leader

Tired of waiting for corporate high-speed Internet, Minnesota farm town builds their own by Ben DeJarnette, Yes! Magazine

Once complete, the RS Fiber network is expected to match the 1 gigabit top speeds of cities like Cedar Falls, a milestone that would make southern Minnesota the envy of rural America. According to recent data, only 55 percent of rural residents have access to broadband internet faster than even 25 Mbps (compared to 94 percent of urbanites). Moreover, the investment already holds promise for boosting the local economy. In May 2015, the Minnesota College of Osteopathic Medicine announced plans to set up services in an old school building in Gaylord—a decision officials said was because of RS Fiber’s infrastructure investment.

 

Tennessee

Google Fiber stalls in Nashville in fight over utility poles by Jon Brodkin, ArsTechnica

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Study: Rural areas lack broadband by Kelly Lapczynski, Tullahoma News

 

Vermont

Washington groups attacks Burlington Telecom by Cory Dawson, Burlington Free Press

 

Washington

Municipal broadband advocates say Comcast lawsuit proves need for public internet service by Taylor Soper, GeekWire

Devin Glaser, policy and political director of a grassroots group campaigning for a city-owned broadband network called Upgrade Seattle, told GeekWire that “Comcast’s Service Protection Plan was nothing more than $5 a month of 21st Century snake oil, and the Attorney General’s lawsuit is the kind of work we’d like to see from all of our elected officials.”

How Comcast convinced customers to buy 'near-worthless' service plans by Jon Brodkin, ArsTechnica

 

General

Cities, state battle over municipal broadband by Ellie Smith, Bloomberg Bureau of National Affairs

Structuring successful broadband P3s by Shant Boyajian & Fred Kessler - Nossaman LLP, Lexology & JD Supra

The limits of net neutrality by Susan Crawford, BackChannel

Net neutrality is about attempting to limit the power of internet access network operators (like Charter or Comcast) to choose winners and losers among the services that have to use their wires — because, remember, competition is so limited — to reach consumers. It’s a kind of synthetic attempt to keep the operators from favoring their own commercial interests when sending Internet traffic from other people to you (or vice versa).

But the problem is that where network operators don’t have to compete, and use their digital pipes for multiple purposes (like providing their own TV services that feel just like over-the-top video services), it’s so easy for them to act like media distribution companies, slicing and dicing and packaging, rather than transport providers. And ultimately, that kind of behavior is designed to serve their commercial interests. It’s only rational. But it’s harmful to new competitors and ultimately to consumers.

Building a competitive broadband marketplace for rural America by Christopher Mitchell, The Hill

It does not matter if you live in rural Maine or metropolitan Minnesota, high-speed Internet access is an increasing necessity, essential to modernize communities and power businesses. But there remains a large gap between those living in urban and rural America.

Democrats, Republicans and the Internet by Timothy Karr, Bill Moyers.com

Public-private partnerships in municipal broadband Internet by Drew Clark & Peter Merewitz, JD Supra Business Advisor

"Big Sky Broadband Workshop" Set for August 31st - September 1st in Missoula

The National Telecommunications and information Administration (NTIA) will be hosting the "Big Sky Broadband Workshop" on August 31st and September 1st in Missoula, Montana. If you happen to be in the area and keen to learn more about connectivity in the region, plan to attend this free event. Our own Christopher Mitchell will be participating in one of the panel discussions.

From the NTIA announcement:

Broadband is a critical driver of economic growth and prosperity across the country. The “Big Sky Broadband Workshop” will bring together state, local and federal officials, industry representatives, community leaders and other key stakeholders to share real-world broadband success stories and lessons learned from across the region. The summit will also examine the gaps that remain and strategize on what still needs to be done to expand access to and adoption of high-speed Internet services for the benefit of all citizens. 

The event will begin at noon on August 31st in Missoula’s Hilton Garden Inn; there will also be a reception later that evening. Panel discussions will continue the next morning at 9 a.m.

For more details contact Barbara Brown at NTIA, telephone: (202) 280–8260; email: bbrown(at)ntia.doc.gov.

FairlawnGig Connects Two Hotels In Time For RNC

Thousands of delegates, politicians, and media personnel flocked to northeast Ohio in July to attend the Republican National Convention in Cleveland. A lucky few stayed in the bedroom community of Fairlawn at one of two hotels now featuring gigabit Internet connections (1,000 Megabits per second). 

FairlawnGig, the town’s new municipal network, hooked up Hilton Akron-Fairlawn and DoubleTree by Hilton Hotel Akron-Fairlawn in time for the convention. Guests could seamlessly stream video, upload content, and communicate with coworkers and family, despite the hotels’ full occupancy. The fiber-optic network will soon be available to residents and businesses across the community. 

More than just the RNC

Fairlawn has a lot to gain from a faster, more reliable network. On a typical workday, the community swells from an overnight population of 7,500 to 40,000, putting a sizeable bandwidth burden on slow-moving incumbent network providers. According to Ernie Staten, Deputy Director of Fairlawn’s Public Service Department in Community Broadband Bits Podcast Episode 201, a typical connection in Fairlawn measured in at 15 Mbps (Megabit per second) download and 1 Mbps upload before the municipal network.

Incumbent Internet service providers clearly weren’t doing enough for families or businesses in today’s connected economy. As we wrote earlier this year, FairlawnGig will be delivering symmetrical gigabit speeds (download and upload speeds up to 1 gigabit per second) at affordable prices. The ability to send data at high-speed is increasingly becoming a critical feature, especially for business subscribers.

Municipal networks have a profound effect on customer-ISP relationship. The hotels will feature the fastest connection within the Hilton hotel network. Tim Winter, Vice President/Regional Manager of the Hilton Akron-Fairlawn and DoubleTree by Hilton Hotel Akron-Fairlawn, was quoted by FairlawnGig: 

“We put a lot of trust into the team Ernie Staten and the City of Fairlawn brought together and we are already seeing the results. Our guests and RNC delegates are getting the fastest Internet service available so they can stay connected to their corporate offices and the rest of the world.” 

Preliminary Study Puts Charles City Back on Track to Digital Self-Determinism

Local officials in Charles City, a town of 7,500 in northeastern Iowa, approved a preliminary study of community broadband interest late last month. The study will determine whether additional funds should be allocated toward a more comprehensive study. This announcement comes on the heels of increased regional interest in the Iowa Fiber Alliance, a proposed multi-community fiber ring. 

The preliminary study will cost the city $18,500 and should be completed before the end of the summer. The Community Broadband Engagement and Education Project seeks to engage key community stakeholders, educate the public on high-speed community networks, and ultimately measure the interest of local residents, businesses, and government leadership. 

Third Time’s the Charm

Local interest in community networks has peaked twice in the past decade. In 2005, Charles City residents approved a referendum to create a telecommunication utility with a 62 percent majority. Under threat of losing revenues to a community network, incumbent Internet service providers (ISPs) promised local officials that they would improve the network. Stopgap measures from Mediacom and CenturyLink marginally improved local connectivity in the short-term, but Charles City residents soon realized that they hadn’t escaped the letdowns of the telecom octopus. 

Waverly, Iowa, a town of 10,000 residents, 30 miles south of Charles City, experienced a nearly identical letdown from Mediacom and CenturyLink in the 2000s, only to launch its own community network earlier this year. For rural county seats like Waverly and Charles City, a community network offers an opportunity to stimulate economic development and improve local quality of life. Historically, Charles City is a manufacturing town. The White Farm-New Idea Equipment Company produced tractors and employed up to 3,000 locals during the 1970s before closing its doors in 1993. With manufacturing jobs leaving town, local officials are looking for new ways to bring jobs to town and revitalize their local communities. 

In 2010, interest peaked again when the city conducted a community broadband survey and discovered strong local support for a municipal network. A 2014 Technology Action Plan assessed and outlined a more connected future for Charles City. City officials realized that Internet technology had changed significantly since 2010, however, and are evaluating their options in light of new innovations.

Munis On The Plains

Iowa is home to more than two dozen municipal networks. Thanks in part to their can-do attitude and their self-reliant streak, Charles City, Waverly, and many other Iowa communities have stopped waiting for incumbent providers and taken control of local connectivity. Charles City officials are enthusiastic about the upcoming feasibility study; council member Delaine Freeseman told Charles City Press that, “very interesting things could come out of this, long-term, for the city.”

Community Connections - Terry Huval from Lafayette, Louisiana

"We Speak French, Eat Crawfish, and Have the Fastest Broadband in the World." 

Terry Huval's fascination with fiber started with the fiber on his fiddle strings, so it's pretty appropriate that he regailed Christopher with his skills during this Community Connections episode. 

In the previous episode you heard from former Mayor, Joey Durel about overcoming controversy and Lafayette's LUS Fiber.

In this episode, Huval emphasizes why ownership is so important for cities to control their fiber infrastructure. He also touches on the other benefits of the public fiber network: faster response for outages, better connectivity for public safety and traffic control, and more than $13 million in cost savings for residents and businesses!

We hope you enjoy!