Tag: "preemption"

Posted March 1, 2017 by christopher

Susan Crawford has come back to the podcast to tell us about her recent travels in North Carolina and Tennessee, talking to people on the ground that have already built fiber-optic networks or are in the midst of figuring out how to get them deployed.

Susan is a professor at Harvard Law, the author of The Responsive City: Engaging Communities Through Data-Smart Governance and Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, and a champion for universal high quality Internet access.

We have an informal discussion that ranges from what is happening on the ground in North Carolina and Tennessee to the role of federal policy to why Susan feels that municipal wholesale approaches are important to ensuring we have better Internet access.

It was a real treat to have Susan back on the show and to just have a discussion about many of the issues that don't always come up in more formal presentations or media interviews. We hope you enjoy it! Susan was previously on episode 125 and episode 29.

Read the transcript for the show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 21 minutes long and can be played 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 Break the Bans for the music. The song is ...

Read more
Posted February 21, 2017 by lgonzalez

While Tennessee Governor Bill Haslam’s “Tennessee Broadband Accessibility Act” has been in the news, several other Legislators have introduced companion bills earlier this month that deserve attention.

A Few Gems

SB 1058 and HB 0970, from Senator Janice Bowling and Representative Dan Howell, would allow municipal electric utilities, such as Chattanooga’s EPB, Tullahoma Utilities Board, or Jackson Energy Authority to expand beyond their electric service area. SB 1045 and HB 1410 reclaims local authority for municipalities that want to offer telecommunications service either alone or with a partner.

HB 0970 has been assigned to the House Business and Utilities Committee; SB 1058 was referred to the Senate Commerce and Labor Committee.

Bowling has also introduced SB 1045, a bill that allows municipal electric utilities and electric cooperatives the ability to offer telecommunications services either on their own or with private sector partners. SB 1045 and it’s companion, HB 1410, sponsored by Terri Lynn Weaver in the House, specifies that there are to be no geographic limits to the service area. SB 1045 and HB 1410 are also in the same committees as SB 1058 and HB 0970.

Correcting Existing Problems

The EPB challenged restrictive state law in 2015; the FCC determined that the law was inconsistent with federal goals. The agency preempted both Tennessee and North Carolina's laws that inhibit municipal electric utilities from expanding. When Tennessee and North Carolina appealed the FCC decision, however, the appellate court determined that that states had the right to impose those laws on local communities and reversed the preemption.

Tennessee's current state law prevents municipal electric utilities that offer Internet access and/or video within their electric service area to expand beyond those geographical limits. These new bills propose removing the restrictions; they also contain a clause...

Read more
Posted December 16, 2016 by lgonzalez

Chairman Tom Wheeler will be stepping down as FCC Chairman as of January 20, 2017; the day President Obama leaves office. The decision is not surprising, as FCC chairmen typically leave their position when a new administration takes the helm, but Wheeler had not yet made it official. His departure emphasizes the apprehensive uncertainty that has troubled advocates of municipal networks, local telecommunications authority, and network neutrality, as well as a long list of other public policy concerns that affect our future through technology.

In a statement released on December 15, Chairman Wheeler wrote:

“Serving as FCC Chairman during this period of historic technological change has been the greatest honor of my professional life. I am deeply grateful to the President for giving me this opportunity. I am especially thankful to the talented Commission staff for their service and sacrifice during my tenure. Their achievements have contributed to a thriving communications sector, where robust investment and world-leading innovation continue to drive our economy and meaningful improvements in the lives of the American people. It has been a privilege to work with my fellow Commissioners to help protect consumers, strengthen public safety and cybersecurity, and ensure fast, fair and open networks for all Americans.”

He Proved Himself

When Tom Wheeler was appointed as 31st Chairman of the FCC in November 2013, we had our concerns. He was following Julius Genachowski, one of the worst FCC Chairs in modern history, who had been appointed in Obama's first term. He had run both cable and wireless industry trade groups, but was strongly defended by Susan Crawford and Gigi Sohn when public interest groups opposed him. He strongly surpassed our hopes for what the FCC could achieve.

Historically, the FCC has been a "captured" regulator, largely operating in favor of the largest telecommunications firms in a revolving door fashion. But Chairman Wheeler and Commissioners Clyburn and Rosenworcel listened to grassroots groups as well as industry, making important decisions to encourage more investment and choices in high quality Internet access. They also made historic decisions on prison phone rates and crafted new rules to make sure everyone could use the Internet, regardless of how able-bodied...

Read more
Posted November 9, 2016 by christopher

The second-largest city in Wisconsin and the home of the University of Wisconsin, Madison, is pursuing a path-breaking municipal Fiber-to-the-Home (FTTH) strategy. They have already started by deploying fiber to several low-income neighborhoods and working with local ISP ResTech to offer services.

Madison CIO Paul Kronberger joins us for Community Broadband Bits episode 227 to discuss their plan. We start by discussing how they decided to deploy FTTH as a digital divide strategy. Like more and more of the communities considering this approach, Madison does not have a municipal electric utility.

We also discuss how Madison plans to deal with the state law that limits municipal fiber network investments and why Madison has decided to work with a private provider even though the city will retain ownership of the network. Read more of Madison coverage here.

Read the transcript of the show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 18 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 ...

Read more
Posted November 1, 2016 by christopher

Pinetops, a town of about 1,300 outside Wilson, North Carolina, is suffering a double calamity as Hurricane Matthew has left floods and incredible damage in its wake. Less natural but no less frustrating is the unforced error by the North Carolina Legislature in effectively prohibiting municipal broadband networks.

This week, we have a doubleheader interview with Will Aycock, the General Manager of Wilson's fiber-optic Greenlight service, and Suzanne Coker Craig, a local business owner and town council member. They talk discuss the devastation from the hurricane and the threat from the town's only broadband provider being forced to leave town by an ill-conceived state statute.

We often talk about how important modern Internet networks are, but the Pinetops reaction to this storm is a stirring reminder of how true that is. Whether it was as the hurricane approached, hit, or left town, local leadership had to continue fighting to retain Wilson's Internet service because it is that important to them.

Fortunately, Wilson has announced that it will not cut off Pinetops as expected. Instead, it will offer free service, which is not prohibited by current law. Wilson is generously giving the state six months to fix the law so Pinetops is not economically harmed by losing high quality Internet access.

Read the transcript of the show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 28 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 mojo monkeys for the music, licensed using Creative Commons. The song is "Bodacious."

Posted October 25, 2016 by lgonzalez

The town of Pinetops, North Carolina, has a six-month reprieve.

On October 20, the Wilson City Council voted to continue to provide telephone and Internet access to customers outside of Wilson County, which includes Pinetops, for an additional six months at no charge. As we reported earlier, the City Council had been backed into a corner by state law, which would force them to discontinue Wilson’s municipal Greenlight service, or risk losing their exemption entirely.

In August, the Sixth Circuit for the U.S. Court of Appeals reversed the FCC decision to preempt North Carolina’s state law that prevented Greenlight from serving nearby Pinetops. When Hurricane Matthew struck Pinetops, however, the Wilson community could not fathom piling yet another burden - lack of high-quality Internet access - on the struggling rural community.

"We Cannot Imagine..."

After examining the law and reaching out to state leaders, Wilson’s elected officials chose to provide services at no charge while state legislators work to change the current harmful state law. Once again, a community that offers publicly owned connectivity proves that there is more to the venture than profit. From a Wilson press release:

"Our broadband utility has always been about bringing critical infrastructure to people, improving lives and communities,” said Grant Goings, Wilson City Manager. “We cannot imagine being forced to disconnect people and businesses that need our services. We are thankful that, in partnership with our phone service provider, we have identified a way to keep folks connected while Rep. Martin and Sen. Brown work to fix this broken State law."

For more on the situation in Pinetops, read about how high-quality Internet has improved economic development and how the Vick Family Farm, a large local employer, depends on Greenlight for operations. You can also hear from Suzanne Coker Craig, a local elected official and business owner, who...

Read more
Posted October 13, 2016 by lgonzalez

In the north central region of Utah, eleven communities are now served by a regional open access fiber-optic network operated by the Utah Telecommunications Open Infrastructure Agency or UTOPIA. UTOPIA’s Executive Director, Roger Timmerman, and Mayor Karen Cronin from member community, Perry City, take time to speak with us for Community Broadband Bits episode 223.

One of the great advantages UTOPIA has brought the region is the element of competition. Rather than facing a choice of only one or two Internet Service Providers like most of us, people in UTOPIA cities sign up for a connection to the network and then choose from multiple providers who offer a range of services via the infrastructure. Competing for business brings better products, better prices, and better customer service.

Since launching in 2004, UTOPIA has faced financial uncertainties created by onerous state laws that force a wholesale model on publicly owned networks. Regardless, Mayor Cronin has seen the network improve connectivity in her community, which has improved the local economy and the quality of life. After working with the network since the early days, Roger sees that UTOPIA’s situation is on the upswing but has witnessed firsthand how those harmful state laws limiting local authority can put a smart investment like UTOPIA in harm’s way.

Read the transcript of the show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 25 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 mojo monkeys for the music, licensed using Creative Commons. The song...

Read more
Posted September 16, 2016 by lgonzalez

Last night, Wilson’s City Council voted to halt Greenlight Internet service to the community of Pinetops, North Carolina. City leaders, faced with the unfortunate reversal of the FCC’s preemption of harmful state anti-muni laws, felt the move was necessary to protect the utility. Service will stop at the end of October.

No Other Solution

Before the vote City Manager Grant Goings told the Wilson Times:

“Unfortunately, there is a very real possibility that we will have to disconnect any customer outside our county. That is the cold, hard truth,” Goings said. “Without getting into the legal options that our city attorney will discuss with the council, I’ll summarize it like this: we have not identified a solution where Greenlight can serve customers outside of our county.

“While we are very passionate about reaching underserved areas and we think the laws are atrocious to prevent people from having service, we’re not going to jeopardize our ability to serve Wilson residents.”

When H129 passed in 2011, it provided an exemption for Wilson, which allows Greenlight to serve Wilson County. The bill also states that if they go beyond their borders, they lose the exemption. North Carolina’s priorities are clearly not with the rural communities, but with the big corporate providers that pushed to pass the bill.

After Wilson leaders took the vote, Christopher commented on the fact that they have been put in such a difficult position:

"It is a travesty that North Carolina is prioritizing the profits of the big cable and telephone companies above the well-being of local businesses and residents. The state legislature needs to focus on what is good for North Carolina businesses and residents, not only what these powerful lobbyists want."

Economic Progress Grinds To A Halt

Vick Family Farms, highlighted in a recent New York Times article, is only one Pinetops...

Read more
Posted August 31, 2016 by christopher

It has been several weeks, but Lisa and I wanted to answer any lingering questions people may have about the results of the Sixth Circuit case reviewing the FCC's action to remove state-created barriers to municipal networks. We devoted Community Broadband Bits episode 217 to the case and aftermath.

The Sixth Circuit ruled against the FCC narrowly - finding that while it had no dispute with the FCC's characterization of municipal networks as beneficial, Congress had not given the FCC the power to overrule state management of its subdivisions (cities). As we have often said, restricting local authority in this manner may be stupid, but states are allowed to do stupid things (especially when powerful companies like AT&T and Comcast urge them to).

Lisa and I explore the decision and explain why we are nonetheless glad that FCC Chairman Tom Wheeler and Commissioners Rosenworcel and Clyburn moved on the petitions from Chattanooga and Wilson to remove state barriers to next-generation network investment. We also reference this blog post from Harold Feld, which is a well-done summary of the situation.

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 20 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...

Read more
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

Pages

Subscribe to preemption