Tag: "preemption"

Posted September 2, 2020 by Ry Marcattilio-...

That community networks act as a positive force in the broadband market is something we’ve covered for the better part of a decade, but a new study out in the journal Telecommunications Policy adds additional weight (along with lots of graphs and tables) which shows that states which enact barriers to entry for municipalities and cooperatives do their residents a serious disservice. 

“State Broadband Policy: Impacts on Availability” by Brian Whitacre (Oklahoma State University) and Robert Gallardo (Purdue University), out in the most recent issue of the journal, demonstrates that enacting effective state policies have a significant and undeniable impact on the pace of basic broadband expansion in both rural and urban areas, as well as speed investment in fiber across the United States. 

Digging into the Data

The research relies on the State Broadband Policy Explorer, released in July of 2019 by Pew Charitable Trusts, and focuses on broadband availability across the country from 2012-2018. Whitacre and Gallardo control for the other common factors which can affect whether an area has broadband or not (like household income, education, and the age of the development), and combine the FCC’s Form 477 census block-level data along with county-level data to explore expansion activities over the seven-year period. By making use of an analytical model called the Generalized Method of Moments, Whitacre and Gallardo are able to track all of these variables over a period of time to show that there is a statistically robust connection between specific state policies and their influence on the expansion of broadband Internet access all over the United States. 

The authors zero in on three particular policies that they say have among the most significant impact on whether a community has broadband or not: whether or not the state has passed laws restricting municipalities and cooperatives from building and operating broadband networks; whether or not the state has a broadband office devoted to expansion and staffed by full-time employees; and whether or not the state has a funding program...

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Posted August 25, 2020 by Katie Kienbaum

With the end of the federal Keep Americans Connected pledge and the failure of Congress to pass comprehensive broadband aid, it’s clearer than ever before that local governments are the last line of defense against the digital divide, which has been exacerbated by the ongoing pandemic.

Some communities have already taken steps to connect their residents, during the global health crisis and beyond. For example, the public school systems in San Francisco and Portland, Oregon, decided to cover the cost of broadband subscriptions for low-income students. In Chattanooga, Tennessee, the city’s municipal broadband network is partnering with local schools to provide free Internet access to all students that receive free and reduced-price lunch.

However, in 21 states, legal barriers — often enacted at the behest of corporate telecom lobbyists — prevent local governments from investing in community broadband solutions to close the digital divide.

To help local governments that want to improve connectivity navigate the various opportunities and obstacles, we at the Community Broadband Networks initiative at the Institute for Local Self-Reliance (ILSR) have teamed up with the Local Solutions Support Center (LSSC) to produce a number of helpful resources. We previously shared a step-by-step guide for establishing local broadband authority during the pandemic. Now, local officials and community advocates can access two more resources: a guide for local governments to act in the context of the pandemic, and an interactive state broadband preemption map.

View The Digital Divide and the...

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Posted August 17, 2020 by Ry Marcattilio-...

Milwaukee County, Wisconsin, is currently experiencing firsthand the consequences of the Federal Communications Commission’s (FCC's) 2018 preemption of local governments’ authority to regulate 5G infrastructure in their cities. With its initial handful of applications for new small cell transmitters just submitted to the county board by Verizon under the new rules, local officials are grappling with a host of limitations — including fee caps, shorter timing windows, and rights of way exemptions — which outline clearly a problem more and more communities will face in the coming months and years.

Less Say, Less Money

We pointed out when the FCC handed down the order in the fall of 2018 that it represented a significant giveaway to wireless carriers while placing additional restrictions and financial burdens on local regulators, most of which are county boards and city departments. Among the most troublesome of the order’s provisions are new 60- and 90-day approval windows for the installation of infrastructure on existing and new wireless facilities, a limitation to annual fee scales for small cell sites set between $100-250, a right now enjoyed by wireless providers to place infrastructure on municipally owned poles and traffic lights, and a rule that says if regulating authorities don’t get to an application within sixty days it automatically becomes approved. The 9th U.S. Circuit Court of Appeals upheld the fee cap in a ruling last Wednesday.

In sum, it puts additional strain on local governments (many of whom are already stretched thin) while limiting their ability to set their own fees for access to publicly owned infrastructure as well as the expedited work they are being forced to do. At the time, opponents called it a public tax on private 5G deployment, a giveaway,...

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Posted July 24, 2020 by Katie Kienbaum

As the Covid-19 pandemic continues and the federal response sputters, it’s clear that the responsibility of getting our local economies back on track now lies largely with cities and states.

To help state and local governments responding to the coronavirus, the American Sustainable Business Council (ASBC) released a set of policy recommendations, “From Crisis to Opportunity: Recommendations for State & Local Governments,” in late May. ASBC’s policy suggestions touch on various issues, including Internet access. The guide directs government officials to promote cooperative and municipal networks and remove barriers to community broadband in order to expand Internet access.

ASBC describes the thinking behind the recommendations:

As socially responsible businesses and thought leaders, we have long advocated for a triple bottom line of people, planet, and profit. None of these values are mutually exclusive. Together, through local investment, equity and accountability we can rebuild our post-COVID economy stronger, more sustainable, and enduringly just.

How Cities and States Can Rebuild Sustainable Economies

ASBC represents more than 250,000 businesses and advocates for a vibrant, sustainable economy. Read more about the group and its principles on its website.

The recommendations are focused on actions that state and local governments can take because they are on the frontlines of the pandemic’s effect on local economies. “Even with the passage of three federal stimulus bills (with more promised), these leaders will remain in the driver’s seat, and they now need bold ideas,” ASBC explains.

However, ASBC also sees the ongoing crisis as a chance to fix existing issues, saying:

We believe that this moment provides state and local governments an opportunity not only to continue leading the way through this crisis but also in solving the structural problems the federal government has too long neglected . . . Most of our suggested policies effectively provide not only economic stimulus but lasting social, environmental, and public benefit.

Accordingly, while the pandemic has exposed our country’s many digital divides, it did not create them...

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Posted July 6, 2020 by Katie Kienbaum

As the pandemic drags on, local governments across the country are looking for ways to connect their residents, who need better Internet access for everything from online education to annual taxes to telehealth appointments. But 19 states still place restrictions on cities and counties that want to invest in broadband expansion, hamstringing their ability to address urgent connectivity needs.

To help people figure out if their community is able to take action, we worked with the Local Solutions Support Center (LSSC) to develop a step-by-step guide for local officials and advocates. The guide includes the various considerations communities must make when developing a Covid-19 broadband response, including the extent of local government authority, state legal restrictions, and declaration of emergency powers.

LSSC describes the guide:

As the coronavirus pandemic spreads, local elected officials and advocates alike are asking what they can do for their communities across a range of policies — including to ensure that everyone has broadband Internet access available. This guide can help you determine whether your community has the authority it needs to adopt a particular policy.

View the guide on LSSC’s website or download the PDF below.

“What’s the Policy?”

The guide takes people through the following questions and action steps:

  • What’s the Policy?
  • Is there Existing Authority?
  • Is the Policy Expressly Preempted?
  • Is there a Conflict with State Law or Other Barrier?
  • What is the Extent of Emergency Powers?
  • Demand State Action

For the different steps, the guide offers an explanation, identifies examples from different states, and suggests resources for further research. For example, under “Is there Existing Authority?” the guide directs communities to look at state and...

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Posted June 26, 2020 by Katie Kienbaum

Update 7/7/20:

The U.S. House of Representatives passed the Moving Forward Act, which includes the Accessible, Affordable Internet for All Act, on Wednesday, July 1. The bill is currently in the Senate, where Majority Leader Mitch McConnell has announced his opposition to the legislation, calling it "pointless political theater," and saying, "this nonsense is not going anywhere in the Senate."

Original article:

Earlier this week, Democrats in the U.S. House of Representatives introduced the Accessible, Affordable Internet for All Act, a sweeping bill that would take major steps toward closing the digital divide.

We reported on the legislation yesterday, but today we want to take a closer look at the bill text [pdf]. Below, we examine some details of how the act would fund broadband deployment and affordable connections for Americans across the country.

Grand Plans to Build Broadband, Connect the Unconnected

Among the investments proposed in the Accessible, Affordable Internet for All Act, the largest is $80 billion to fund the construction of broadband networks in unserved and underserved areas. That amount dwarfs the Federal Communications Commission’s (FCC’s) upcoming $20.4 billion Rural Digital Opportunity Fund (RDOF).

Like RDOF, the legislation calls for a competitive bidding process to distribute the funds. In 2018, the FCC used a bidding process in the Connect America Fund phase II reverse auction. Compared to earlier subsidies granted under that program, which largely went to large monopolies to deploy slow, outdated DSL...

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Posted June 25, 2020 by Katie Kienbaum

Update 7/7/20:

The U.S. House of Representatives passed the Moving Forward Act, which includes the Accessible, Affordable Internet for All Act, on Wednesday, July 1. The bill is currently in the Senate, where Majority Leader Mitch McConnell has announced his opposition to the legislation, calling it "pointless political theater," and saying, "this nonsense is not going anywhere in the Senate."

Original article:

Yesterday, representatives in the U.S. House introduced the Accessible, Affordable Internet for All Act, which calls for the federal government to invest $100 billion to ensure all Americans have access to affordable, high-quality Internet access — a need that has been exacerbated by the ongoing Covid-19 crisis.

The proposed legislation would fund broadband deployment in unserved and underserved areas and provide affordable home Internet access, among other measures meant to reduce the digital divide in both rural and urban communities. It would also remove state restrictions on community-owned broadband networks.

“This bill is an historic effort to address all the causes of our persistent digital divide,” said Angela Siefer, Executive Director of the National Digital Inclusion Alliance, in a statement.

Contact your House representative this week to ask them to support the Accessible, Affordable Internet for All Act and to sign on as a cosponsor. Find your representative and their contact information using this online search tool. Keep reading for more details on the legislation and a short example of what you can say to your representative.

"A Major Leap" Toward Connecting Everyone

House Majority Whip James Clyburn of...

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Posted May 18, 2020 by christopher

BroadbandNow.com ⁠— a company that mostly focuses on crunching different data sets to provide information on where broadband is available ⁠— has released its second report on municipal broadband barriers.

Their first one had some basic factual failings, and we were concerned that it would mislead people. The new report has corrected some of those errors, but it makes new ones that again lead us to caution against making decisions based on claims within it.

To be clear, we believe ⁠— after careful consultation with others that have long worked in this space ⁠— that the proper number of states to be considered preempting municipal broadband is 19.

Errors and Mischaracterizations

Again, we want to reiterate that we value BroadbandNow's contribution to information about where broadband is available based on crunching different databases. That is something they seem to have done better than most that have tried. However, their efforts to analyze the law and reality around barriers to municipal networks have too many simple errors that we find frustrating.

The single most egregious error is removing Arkansas from the list of states with barriers. Arkansas has taken limited steps to lessen preemption, but it continues to have more restrictions on municipal broadband than many of the states listed as more significant in the report.

legislators

Arkansas has long prohibited local governments that do not operate municipal electricity systems from building their own networks. Cities with public power have more freedom to do so. Arkansas is now allowing cities without electric departments to apply for broadband grants (the goal was to bring more federal dollars to Arkansas), but these cities can only build a municipal network if they receive a grant. BroadbandNow has misinterpreted that to mean there are no barriers. It is not easy to get a federal grant and...

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Posted April 14, 2020 by Katie Kienbaum

The Covid-19 pandemic is affecting communities across the country in different ways. Recently, Christopher called up Scott Mooneyham, Director of Political Communications and Coordination for the North Carolina League of Municipalities, to find out how towns and cities in the Tar Heel State are faring.

Christopher and Scott discuss how the spread of the novel coronavirus has changed life in the state's communities and how local governments are responding to new needs while continuing to provide essential services. Scott shares stories from towns that are now struggling with broadband access, despite their proximity to major metros, creating public safety concerns.

The pair reflected on WRAL's recently released documentary "Disconnected," which compared connectivity in two North Carolina communities, Enfield and Wilson, and explored how the different levels of broadband access affected residents. They talk about how municipalities like Enfield would be able to partner with local companies to improve Internet access if the legislature removed the restrictive prohibitions currently in state law. Scott explains how the current Covid-19 shutdown has elevated the issues raised in the documentary while also piling many other priorities onto state legislators' desks.

This show is 22 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed. You can listen to the interview on this page or visit the...

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Posted March 30, 2020 by Jess Del Fiacco

We talked to residents of Mount Olive, North Carolina, about their struggle to get better Internet access and the importance of connectivity for their community. Listen to our conversations above, or read a summary below.

 

North Carolinians are fed up with slow, expensive, and unreliable Internet access. Communities across the state are seeking solutions, but are running into barriers, especially in rural areas.

The town of Mount Olive, home to about forty-six hundred people, is one such example. Only recently, after working with local Internet service provider Open Broadband, are they getting decent Internet access for residents and local businesses. 

Charles Brown, Town Manager of Mount Olive, told us about the challenges the community faced before Open Broadband came to town. Getting high quality Internet access to a regional airport located just outside of town was a priority for local leaders — it generates around $21.1 million in local economic impact — but after going to every big Internet provider in the area and reaching out to their congressional representatives, they couldn’t make it happen.  

It wasn’t until Brown and other town officials reached out to local Internet provider Open Broadband that they found a path forward. 

OpenBroadband was able to install towers on the town’s water tanks and connect the airport. They also worked with the town to set up free public broadband access in downtown Mount Olive — something that’s especially popular during the North Carolina Pickle Festival, which draws more than 30,000 people to the area each year.

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Brown said:

Well, I think everybody is delighted with Main Street. We have the North Carolina Pickle Festival we hold the last weekend in April every year. So now we have the capability of having an app to show people where the pickle eating contest is or the pickle packing contest, or whatever events that are going on. They can pull up on their phone now on Main Street and know where those things are going on.

It’s not just the airport and the Pickle Festival that have benefited. Just outside Mount Olive is a local company focused on crop insurance. Owner Van Alphin Jr. described the frustration of...

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