Tag: "wilson"

Posted September 1, 2016 by lgonzalez

In our last Community Broadband Bits podcast, Christopher and I discussed the August 10th U.S. Court of Appeals for the Sixth Circuit decision to reverse the FCC’s February 2015 ruling against state barriers. We mentioned Harold Feld’s article about the ruling posted on his website. In keeping with most matters of importance in the municipal Internet network field, Harold expertly sums up the history of the case, the arguments, and what the outcome could mean for the future.

Feld gets down into the crux of the argument that won over the three judges in the Sixth Circuit - the need to establish if it is states or federal agencies that make the decisions regarding whether or not local governments can provide telecommunications.

Determining the answer was a multi-step process and Feld explains how the FCC came to the conclusion that they had the authority to preempt the laws and the states' arguments against it. This was, after all, a test case and Feld describes why the FCC chose Chattanooga and Wilson.

Read more on Feld’s Tales of the Sausage Factory, where he speculates on how the big incumbent providers will react to their win and what is next for municipal network advocates. From Harold:

As with most things worth doing in policy land, it’s disheartening that it’s an uphill fight to get to rational policy. The idea that states should tell local people in local communities that they can’t invest in their own local infrastructure runs against traditional Republican ideas about small government and local control as it does against traditional Democratic ideas about the responsibility of government to provide basic services and promote competition. But that’s how things work in public policy sometimes. We can either give up and take what we get, or keep pushing until we change things for the better.

Posted August 29, 2016 by lgonzalez

The Sixth Circuit Court of Appeals issued their order on August 10th supporting the states of Tennessee and North Carolina in their challenge from an FCC decision from February 2015. Both states objected to the FCC’s decision to preempt state laws preventing municipalities from providing fast, affordable, reliable connectivity via municipal Internet networks. The Appellate Court Judges reviewed the legal arguments, the precedent, and the interplay between federal authority and state sovereignty. 

The impact of their ruling will affect more than a few pages in a law school text book. Access to high-quality Internet access positively impacts real people and businesses and, as Cecila Kang captures in her recent article in the New York Times, the people who depend on it fear the outcome if their state legislators take it away.

Family Farm Fear

Kang profiles Vick Family Farms, a family potato farm in Wilson, North Carolina.  The Vick family chose to invest in a processing plant when they learned that Wilson’s Greenlight would provide the necessary connectivity. Greenlight allowed them to increase sales overseas. Now, they may lose that connection:

“We’re very worried because there is no way we could run this equipment on the internet service we used to have, and we can’t imagine the loss we’ll have to the business,” said Charlotte Vick, head of sales for the farm.

As Kang notes in her article, the FCC has no plans to appeal the decision, so battles will resume at the state level. Advocates will need to be twice as vigilant because incumbents - the only ones that come out ahead from this decision - may try to push state legislators for even tougher anti-competitive state barriers.

Pinetops: Poster Child For Good Connectivity

Kang checks in on the small town where Wilson’s Greenlight began offering Fiber-to-the-Home (FTTH) Gigabit service about 14... Read more

Posted August 12, 2016 by Catharine Rice

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.” 

... Read more
Posted August 11, 2016 by rebecca

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)

... Read more
Posted August 10, 2016 by lgonzalez

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

Posted August 10, 2016 by lgonzalez

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... Read more

Posted July 28, 2016 by Catharine Rice

In April, Wilson’s, municipal fiber network, Greenlight, expanded to pass every home in neighboring rural Pinetops. How is it going? Acting Town Manager, Brenda Harrell said, “We just love it!”

No Longer Out of Reach

Pinetops is about a 20 minute drive due east from Greenlight’s operations center, but more importantly, it is in another county entirely. Wilson serves six neighboring counties with its municipal electric services. Turning on internet service in Pinetops was an easy reach for Wilson, where fiber was being deployed as part of an automated meter infrastructure project.

Back in February 2015, the FCC preempted a North Carolina state law, known as H129, that prohibited Wilson from serving any residents outside of Wilson County. The preemption allowed Wilson to finish the project it had to suspend when H129 became law. In addition to the benefits of automated metering, Pinetops now experiences a higher quality of life with fast, affordable, reliable Internet access.

Greenlight To The Present

For Pinetops, bringing fiber services to its residents and small businesses was like snapping it from the late 1980s into the 21st century. Pinetops is a community with about 600 homes all located within one square mile. It is by all signs rural, surrounded by huge open fields of sweet potatoes, tobacco and soy plants. The average median income is $26,333; according to the census bureau, 30 percent of its residents live below the poverty line. Local officials, say that the community was desperately underserved with unreliable DSL service or dialup before Greenlight came to town. Thanks to Wilson, even the local Piggly Wiggly market has fiber-optic Internet from Greenlight.

Looking Ahead

The community is excited for its future. After watching a video of how quickly video homework can be uploaded on a Gigabit connection (8 seconds) versus DSL (2 hours and 59 minutes), the new Town Manager, Lorenzo Carmon, was full of ideas. Pinetops, with median homes valued around $78,000 and the option of Gigabit speeds (1,000 Megabits per second), could offer low cost affordable housing to professionals now living in Greenville, a nearby university community... Read more

Posted March 22, 2016 by lgonzalez

Attorneys argued before the Sixth Circuit Court of Appeals on March 17th in the case of Tennessee and North Carolina vs the FCC. The attorneys presented their arguments before the court as it considered the FCC's decision to peel back state barriers that prevent local authority to expand munis.

A little over a year ago, the FCC struck down state barriers in Tennessee and North Carolina limiting expansion of publicly own networks. Soon after, both states filed appeals and the cases were combined.

You can listen to the entire oral argument below - a little less than 43 minutes - which includes presentations from both sides and vigorous questions from the Judges.

To review other resources from the case, be sure to check out the other resources, available here, including party and amicus briefs.

Posted March 14, 2016 by lgonzalez

This Thursday, March 17th, attorneys for the FCC and the states of Tennessee and North Carolina will present arguments to the Sixth Circuit Court of Appeals on a case that could define parameters for publicly owned Internet networks. The proceedings begin at 9 a.m. eastern. Each side has 15 minutes to present.

As we reported a year ago, the FCC ruled that state barriers in Tennessee and North Carolina limiting expansion of publicly own networks are too restrictive and threaten the U.S. goal of expanding ubiquitous access. The FCC overruled the harmful state laws but soon after, both states filed appeals.

The cases were consolidated in the Sixth Circuit and a number of organizations, including ILSR, offered Amicus briefs. We have collected all the briefs and made them available for you here. As most of our readers will recall, the case focused on Chattanooga and Wilson, two communities that know the many benefits of publicly owned networks.

So, when you raise your glass of green beer on Thursday to celebrate St. Paddy's, send some luck to our friends in Wilson, Chattanooga, and the FCC!

Posted December 16, 2015 by ternste

Thanks to a new interlocal agreement, the City of Wilson, North Carolina will soon expand its Greenlight community broadband network to the nearby Town of Pinetops. Officials expect to complete the expansion of the gigabit fiber network by April 2016. Pinetops, a town of 1,300, is less than 20 miles from Wilson, population 50,000.

We’re Waiting...

For Brenda Harrell, Pinetops Interim Town Manager, the agreement has been a long time coming after years of frustration over their limited broadband access options.

“Current providers haven’t made significant upgrades to our broadband service through the years,” “They haven’t found us worth the investment. Through this partnership with Greenlight and our neighbors in Wilson, we are able to meet a critical need for our residents.”

As far back as 2010, city leaders in Wilson were in negotiations with Pinetops officials on a proposal to expand the Greenlight network to reach Pinetops. But those negotiations reached an impasse in 2011 when the State of North Carolina passed H129. Since then, officials in Wilson and in surrounding communities have been waiting for a time when Wilson could extend their the Greenlight network footprint.

The new agreement became possible in the wake of the FCC decision in February to overturn North Carolina’s anti-muni HB 129, allowing North Carolina communities to start considering the option to build their own broadband networks or expand on existing networks. While the state has appealed that decision in hopes of preserving the law, this agreement indicates Wilson officials are looking confidently ahead with the expectation that the state’s appeal will fail.

Looking Back, and to the Future

Last November, when the New York Times wrote about the fight in communities around the nation for the right to build and expand community broadband networks, they talked to Gregory Bethea, the now retired town manager of Pinetops, North Carolina:

“If you want to have economic development in a town like this,... Read more

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