Time Warner Anti-Competition Bill in North Carolina Gets Introduced: S1209

The latest attack on publicly owned broadband networks in North Carolina now has an official name - S1209: No Nonvoted Local Debt For Competing System and will apparently be debated in committee next week.

This bill is meant to stomp out any competition from community-owned broadband networks - the only real threat to Time Warner and other absentee-owned incumbent operators in the state. Not only would this bill create high hurdles for communities that want to build broadband networks, it also could prevent existing networks from upgrading or expanding. The community-owned networks in Wilson and Salisbury are the most advanced broadband networks in the state.

It is not clear, but the law may even bar communities from building networks with federal funds, as under the broadband stimulus projects, for instance. A coalition of local governments, concerned citizens, and private businesses (some noted here) are coming together to stop this attempt to keep North Carolina locked into the last-generation networks of AT&T and Time Warner.

In previous years, similar efforts to prevent community networks all suggested that local governments derived unfair advantages because they could finance their networks with tax dollars (though very few community networks have taken that approach). Now the same people are arguing that local governments should only be able to finance networks with taxpayer-backed bonds - a dead giveaway that those pushing to limit community broadband have no higher principle than protecting incumbent operators from competition.

As we have chronicled in coverage of North Carolina, several newspapers have come out against this bill - most recently the Winston-Salem Journal:

The Journal has long argued that government borrowing without a vote of the people is both unwise and unconstitutional. But that is borrowing backed by the "full faith and credit" of the borrower, in this case, the people of the jurisdiction involved. So, if that is what the telecoms want, we support them.

But that protection is already written into the state constitution. When governments borrow for public utility infrastructure, they generally pledge as collateral only the facilities that will be built and the revenues produced by the utility involved. In these cases, that would mean the equipment needed for the Internet service and the revenues it generates.

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These communities can't wait until it will be profitable for a private company to serve them adequately. So, using the democratic process, they are asking their local governments to establish service for them. This is reminiscent of the early 20th century when small towns in this state developed their own electrical grids rather than wait for the big utilities to do so.

Well said.