Comment Highlights: Proposed HUD Rule To Expand Low-Income Residential Internet Access

The U.S. Department of Housing and Urban Development (HUD) recently asked for comments about a proposed rule to expand low-income access to high-speed Internet. The regulations would require building owners to install high-speed Internet infrastructure in HUD-funded multi-family rental housing during new construction or substantial rehabilitation, improving Internet access by promoting competition. Because the Internet infrastructure is not owned by one company, many Internet Service Providers (ISPs) can compete to provide residents with better options.

A variety of individuals and groups provided feedback for HUD, including local governments, nonprofit advocacy groups, ISPs, and professional associations. The majority of comments support HUD’s proposed rule, with many encouraging HUD to go further in their efforts to close the digital divide.

We submitted comments with Next Century Cities to articulate the importance of having reliable Internet access in the home:

Although Internet access may be available at schools, libraries, and other locations away from home, families with children - in particular single-parent households - face barriers to accessing those facilities. There is no substitute for having high quality home Internet access, where all members of a household can use it with privacy, security, and convenience. This high quality Internet access is what our organizations work with mayors and local leaders to achieve for residents and businesses everyday, which is why we feel so strongly about the proposed steps to close the digital divide and allow more residents to connect online.  

HUD correctly notes that installing telecommunications equipment during major rehabilitations or as units are being built creates an opportunity to ensure high quality access without significantly adding cost to the project. The ongoing benefits from high quality Internet access certainly dwarf the one-time low cost of installing appropriate technology. --Next Century Cities and the Institute for Local Self-Reliance

Promote Competition

Google Fiber discusses the importance of infrastructure to access, suggesting that HUD could take further steps to ensure choices are available to multi-family housing residents:

...HUD should expressly prohibit the public housing agencies (PHAs) and landlords supported by its programs from unreasonably interfering with the right of any multifamily rental housing resident to request or receive installation, operation, maintenance, or removal of a broadband service from a provider.  --Google Fiber

Comments submitted by Eric Null highlight the benefits of open access networks for lower-income families who are forced to pay high rates when there is no competition. Null’s submission represents the comments of several public interest groups including New America’s Open Technology Institute, New America’s Resilient Communities Project, New America’s Education Policy Program, Benton Foundation, Center for Rural Strategies, National Hispanic Media Coalition, and Public Knowledge:

Open access networks are critical in traditionally underserved areas where a dearth of choice has led to higher prices and fewer choices for consumers. Allowing any internet service provider to service new and substantially renovated buildings would increase the number of competitors and lower the barriers to entry for new providers, forcing providers to compete for customers by reducing pricing and improving offerings. --Eric Null, on behalf of several public interest groups

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The City of Seattle also highlights how infrastructure can support competition and discusses ways to provide quality, reasonably priced service:

Local housing providers should be enabled with options to provide the best, lowest cost service to residents as possible. The two primary means to do this are to 1) enable multiple competitive providers, or 2) enable the housing provider and residents to aggregate purchasing and delivery of service. To do this there either needs to be sufficient conduit and wiring from the entry point to each unit, or to a central distribution managed distribution system where either a single best provider can be selected or multiple providers can offer service through the building distribution system. --City of Seattle

Encourage Fiber For Future-Proof Connectivity

The National Association for County Community and Economic Development’s comments about the proposed rule suggest HUD encourage fiber service and negotiate with ISPs for service agreements:

When requiring the build-out of broadband infrastructure in HUD-funded multifamily rental housing the agency should seek methods to incentivize the highest level of broadband service, such as fiber service, to ensure the ability to keep pace with the increasing needs of connection speeds… we believe a significant opportunity exists to utilize HUD’s negotiating power to secure competitive broadband service agreements from providers. Aggregating demand among HUD-funded buildings and properties could potentially yield lower service rates for low- and moderate-income renters. --National Association for County Community and Economic Development

Funding

Comments from The National Housing Conference encourage HUD to consider broadband infrastructure to be an eligible expense for multifamily affordable housing developments:

HUD has made good strides in clarifying that broadband is an eligible expense, like the recent guidance on broadband in HOME, CDBG, and the National Housing Trust Fund. HUD should continue these efforts for all multifamily development programs. Building on these initial steps, HUD should explore treating cost-effective basic broadband as a standard operating cost for affordable housing properties... Put more simply, if use of a program requires a property to install broadband infrastructure, the funds provided by that program should also be allowed to cover the cost. --National Housing Conference

Other comments support HUD’s interest in Internet expansion, but disagree with the way in which HUD is promoting low-income access. A few Public Housing Authorities and professional associations state their concerns with HUD creating an unfunded mandate; however, the estimated cost for broadband infrastructure is only $200 per unit and the construction occurs during significant rehabilitation or new construction. 

To read full comments from organizations listed above as well as other comments, view the docket here.

Open Cape Works With Communities for Last Mile - Community Broadband Bits Podcast 215

Cape Cod's Open Cape is the latest of the stimulus-funded middle mile broadband projects to focus on expanding to connect businesses and residents. We talk to Open Cape Executive Director Steve Johnston about the new focus and challenge of expansion in episode 215 of the Community Broadband Bits podcast.

Steve has spent much of his first year as executive director in meetings with people all across the Cape. We talk about how important those meetings are and why Steve made them a priority in the effort to expand Open Cape.

We also talk about the how Open Cape is using Crowd Fiber to allow residents to show their interest in an Open Cape connection. They hope that expanding the network will encourage people to spend more time on the Cape, whether living or vacationing.

The Cape is not just a vacation spot, it has a large number of full time residents that are looking for more economic opportunities and the higher quality of life that comes with full access to modern technology.

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 26 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."

Lake Oswego Schools Opting For Dark Fiber

Lake Oswego School District (LOSD) in Oregon is set to make an investment that will save up to $301,000 per year in telecommunications costs - its own dark fiber network.

To Lease Or To Own? There Is No Question!

LOSD is the latest in a string of local schools that have chosen to invest in fiber infrastructure for long-term savings. Caswell County, North Carolina, is also investing in dark fiber with an eye on the future. Because the school district will own the network, they will no longer be surprised by unexpected rate hikes, making budgeting easier. The money they save can be directed toward other programs and, because it is dark fiber, they are only restricted by the equipment they install and the bandwidth agreements they enter into with Internet Service Providers (ISPs). Some schools choose to become ISPs themselves or join collaborations in which they can purchase bandwidth collectively to save even more. 

According to Joe Forelock, the district’s assistant superintendent for academic and student services, “This is a long-term investment for the health of the district over the next many, many years.” Once the network is in place, it will cost approximately $36,720 annually to maintain it, which is 89 percent less than what Comcast plans to charge LOSD for the 2016 - 2017 school year. 

We want to note that Comcast tripled their rates from the 2015 - 16 school year, in part because the 2016 - 17 contract was only for a year while the dark fiber network is being constructed. With no competition in the region, Comcast has broad practical authority to decide what LOSD will pay. “Right now, Comcast is essentially the only game in town in many communities," Morelock says, "including LO."

Clackamus County will install the $1.54 million network; 40 percent of the total cost will be reimbursed through E-rate, the federal program for schools that pays for Internet access and certain infrastructure expenses.

“After six years, if costs remain the same and do not increase, or decrease for that matter, the district will save $181,000 per year in connectivity costs with the E-rate discount, or $301,000 per year if E-rate were to disappear,” Morelock says.

Connecting In Clackamus

Other community anchor institutions (CAIs) in Clackamus County have been connecting to the Clackamus Broadband eXchange (CBX). The CBX is the middle mile dark fiber-optic network that runs through the county, which was funded in 2010 with American Recovery and Reinvestment Act (ARRA) funding. 

Duke Dexter, broadband program coordinator for Clackamas County spoke with the Lake Oswego Review

Dexter says there was no obligation for any district or agency to join the network, but people want to travel the Internet more quickly, he says, and fiber-optic cables offer a faster link to the information superhighway.

“We built … a freeway," Dexter says, "and now, other people are building on-ramps to be able to get onto that freeway.”

Community Broadband Media Roundup - August 15

Colorado

Municipal broadband? Superior to weigh question for November ballot by Anthony Hahn, Colorado Hometown Weekly

Wary of big spending, Boulder faces high risk in broadband pursuit by Alex Burness, Boulder Daily Camera

 

Idaho

Ammon to break ground on fiber district by Kevin Trevellyan, Post Register

 

Minnesota

Advocate for community broadband access by Tom Poe, St. Cloud Times

Last year, the FCC reclassified communications over the internet as a public utility. Corporations are no longer able to control access to the internet. With that fact in mind, it's time for Minnesota to act and institute affordable community broadband infrastructure for all communities.

Broadband study nears completion by Jason Sorenson, Fairmont Sentinel

 

North Carolina

Court ruling cold unplug Edgecombe town from broadband by Bryan Mims, WRAL

 

Pennsylvania

Lancaster city announces pre-registration for municipal broadband network; pricing set by Dan Nephin, Lancaster Online

 

Wisconsin

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Madison to review municipal broadband Internet project by Abigail Becker, The Cap Times

 

General

How to give rural America broadband? Look to the early 1900s by Cecilia Kang, New York Times & Las Vegas Sun

Listen: Rural towns create sustainable energy, digital sanctuaries by John Hockenberry, The Takeaway

Locally-owned Internet is an antidote for the digital divide by Jamie Condliffe, MIT Technology Review

 

U.S. Court of Appeals for the Sixth Circuit Reverses Feb. 2015 Ruling

 

US appeals court protects state broadband laws literally written by big telecom by Jason Koebler, Motherboard

States win the right to limit municipal broadband, beating FCC in court by Jon Brodkin, ArsTechnica

Some cities want to offer publicly-owned Internet access. A new ruling makes that harder by Timothy B. Lee, Vox

ISPs and FCC Republicans celebrate FCC's court loss on muni broadband by Jon Brodkin, ArsTechnica

Marketplace Tech for Friday, August 12, 2016 by Molly Wood, MarketPlace Tech

Appeals court slaps down FCC attempt to promote broadband competition by James R. Hood, Consumer Affairs

Read more about local and national coverage here.

Chattanooga's EPB Ranked Tops By J.D. Powers, Consumer Reports

EPB customers love the fast, affordable, reliable Internet access they get from their muni and they appreciate the way its smart-grid helps them save money on their electric bill. According to a new J.D. Power report, their municipal utility is also the highest rated mid-size utility in the South for customer service and reliability.

Double Honors

Just a month ago, Consumer Reports magazine rated EPB the best TV and Internet access utility in the county for customer satisfaction, as chosen by a reader survey. The J.D. Power report went on to rank EPB number two in the country in the category of municipal or investor-owned electric utility.

The Times Free Press reports that in 2015 EPB Fiber Optics earned a net income of $23.5 million while the electric division earned $3.5 million. EPB President David Wade said that the smart-grid has reduced power outages by 60 percent and contributed to customer satisfaction by enhancing reliability of the system.

"The lesson that utilities can learn from other high-performing service providers is that to excel you need a culture that puts customers and employees first," said John Hazen, senior director of the utility practice at J.D. Power. "And because customer expectations continue to increase, you need to have a mindset of continuous improvement to keep up."

It looks like EPB has that lesson committed to memory. From the Time Free press article:

EPB Chairman Joe Ferguson said the favorable grades from EPB customers reflect the utility's local ownership, public service and management focus on serving the customer.

For Rural Pinetops, Being A Gigabit Community Means Business In North Carolina

Unless you live in a rural community, you probably assume becoming a Gigabit community is all about the miracles of speed. Speed is important, but so is Internet choice, reliable service, and respectful customer service. It’s also about being excited as you consider future economic opportunities for your rural town.

Businesses Struggling With Old Services

Before Greenlight began serving Pinetops, the best community members could get was sluggish Centurylink DSL. Suzanne Coker Craig, owner of CuriosiTees, described the situation for her business:

Suzanne used to be a subscriber to Centurylink DSL service at her Pinetops home, but years ago she just turned it off. “We weren’t using it because it used to take forever; it just wasn’t viable.” She now has Greenlight’s 40 Mbps upstream and downstream service. “It’s just so very fast,” she said.

Her business, a custom screen printing shop, uses an “on-time” inventory system, so speed and reliability is critical for last-minute or late orders:

“We work with a Charlotte company for our apparel. If we get our order in by 5 p.m. from here, the next day it will be delivered. That’s really important for business.” Before Greenlight, Suzanne described how “We had been sweating it out.”  Suzanne’s tee-shirt store only had access to 800 Kbps DSL upload speed. She would talk to the modem. “Please upload by 5 p.m. Please upload.” Now she can just go home and put her order in at the last minute. “We are comfortable it will upload immediately….It’s just so much faster. Super fast…Having Greenlight has just been very beneficial for our business.” 

She also subscribes to Greenlight from home and her fiber connection is able to manage data intense uploads required for sending artwork, sales reports, and other large document transfers. As a Town Commissioner, Suzanne sees Greenlight service in Pinetops as more than just a chance to stop "sweating it out."

“I just see a brighter future for our town now,” she reflected. “It’s a neat selling point. It’s difficult in small rural areas to get good technology-based companies. This now opens the door for us to recruit just those kinds of businesses…It’s hard to imagine a business that does not need Internet access.” 

Without Reliability, Speed Is Nothing

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Brent Wooten is a sales agent and Manager for Mercer Transportation, a freight management business with an office in tiny, rural Pinetops, North Carolina. Pinetops is now served by Wilson’s community-owned, Gigabit fiber network, Greenlight.  Brent’s work, moving freight across the country via trucks, requires being on time; he’s an information worker in a knowledge economy.  “I am in the transportation business,” said Brent. “Having reliable phone and Internet are critical to running my businesses.” Being off line means losing businesses and never getting it back.

Before Greenlight came to town, Brent’s business paid Centurylink $425 per month for a few phone lines, long distance, an 800 number, and Internet access at 10 Megabits per second (Mbps) download and 1.5 Mbps upload. He was also wasting hours and even days each month trying to get his Internet fixed. “Every time they would tell me the problem was my equipment. It was always my fault.” But Brent had an IT expert on hire. “Never once was the problem actually my equipment.” He described long waits to reach customer agents whose heavy foreign accents made communication difficult and about the company’s unresponsive office hours. “I was told they could send someone the next afternoon, but I needed the network to work now....”

Brent’s experience with Greenlight was the complete opposite. When Brent’s corporate office changed the location of their backup servers, Greenlight staff were helping him at 6:00 a.m. and at 10:00 p.m., and were on the phone within seconds of his call. “It is a very refreshing situation for me -- the consistency of service, and the responsive and respectful customer service by local workers.” 

Internet Choice

When Greenlight came to the community, Centurylink changed their tune. Within hours of his business phone being ported to Greenlight, a Centurylink representative called him. “He offered to cut my current prices in half and double my Internet speed, from 10 to 20 Mbps…My Centurylink 10 Mbps speed never tested at more than 6 Mbps.”

Brent chose to keep his Centurylink phone service, but he kept his 25 Mbps symmetrical Greenlight Internet service because upload speed is critical to his business. “My computer screens don’t freeze up anymore. Greenlight service is flawless. The sheer speed of fiber is amazing and they are available 24 hours a day, I am served by local workers, it is saving me money and I get better service.” 

Greenlight brought Brent residential telephone and internet choice for the first time in more than a decade. “Greenlight saves me $140 a month at home,” he bragged. When Greenlight’s marketing director first arrived at Brent’s house, he learned Brent was being charged twice for his internet service. Brent had an in-law suite attached to his house where his mother used to live. “The Centurylink representative on the phone said I needed to have a second DSL account.” Not with Greenlight.

An Odd Way Of Competing

Brent described how he had been a Centurylink residential customer since 1989. “When I called to cancel my home telephone service, the woman just gave me my confirmation number and told me to have a nice day.” No attempt was made to keep Brent’s residential business.  “They did the same thing on my mom’s phone line. She had telephone service since before 1968.” When she passed away, Brent called to disconnect her line. “The person on the other end of the line did not even offer condolences.” He compared that to the human touch that originates from a service company that is community owned: “Greenlight’s installers even cared enough about my welfare to tell me they had discovered a water leak under my house when doing the installation. They told me they would have tried to fix it for me but they did not have the right tools.”  

The Intangibles

How do you put a value on the intangibles?  For Brent Wooten, Greenlight fiber service has not only strengthened his ability to do business, but has given the community a sense of hope that didn’t exist before access to fiber.

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“As a citizen and Town Commissioner, I am extremely excited to have the opportunity to have access to this service, and super excited about future opportunities that it will make available to us. It is an example of hometown people who care about serving you and bringing a higher quality of living to the community...It gives a sense of hope for Eastern North Carolina ... not just lip service.” 

Will It Last?

On August 10, 2016, the U.S. Court of Appeals for the Sixth Circuit reversed the FCC ruling that permitted Greenlight to expand to its fiber-optic service to Pinetops. What this means for these businesses and residents who now rely on fast, affordable, reliable Internet access remains to be seen. Along with Suzanne, Brent, and the rest of Pinetops, we hope Greenlight is able to continue to serve this rural community. They are using fiber to reach for new economic development opportunities and in only a few months, the community of 1,300 is optimistic about a future with better connectivity.

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."