Tag: "preemption"

Posted March 31, 2011 by christopher

Greensboro is the latest to officially call on the North Carolina Legislature to not pass H 129, a bill pushed by Time Warner Cable to limit the right of communities to choose to build their own broadband networks.

A RESOLUTION OF THE CITY OF GREENSBORO CITY COUNCIL URGING MEMBERS OF THE GENERAL ASSEMBLY AND GOVERNOR PERDUE TO OPPOSE H129 AND S87 (LEVEL PLAYING FIELD/LOCAL GOVERNMENT COMPETITION ACT) AND ANY LEGISLATION WHICH WOULD PROHIBIT OR LIMIT THE ABILITY OF LOCAL GOVERNMENTS TO PROVIDE BROADBAND OR ANY OTHER COMMUNICATION SERVICES OR SYSTEMS

WHEREAS, Senate Bill 87 and House Bill 129 have been introduced in the 2011-2012 Session of the General Assembly of North Carolina; and

WHEREAS, these bills do not provide a level playing field to cities, to cities, towns and counties, but greatly hinder local governments from providing needed communications services, including public safety networks, and especially advanced high-speed broadband services, in unserved and underserved areas; and

WHEREAS, these bills impose numerous obligations on cities and towns that private broadband companies do not have to meet; and

WHEREAS, while private companies declare top-quality broadband service is cost prohibitive, the United States continues to lose ground to other nations in broadband access, user cost and growth in number of users, falling behind the United Kingdom, Korea, France, Japan, Canada, Estonia, and now China, each of which provides Internet access at speeds that are some 500 times faster than what the private providers in the United States and at less cost; and

WHEREAS, the bills would prohibit North Carolina cities and towns from using federal grant funds to deploy or operate locally-owned or operated broadband systems, thereby denying N.C. residents access to federal assistance available to the rest of the country and hindering employment opportunities; and

WHEREAS, deployment of high-speed Internet is a new public utility vital to the future economic development, educational outreach and community growth in North Carolina necessary to replace lost textile, tobacco, furniture and manufacturing jobs; and

WHEREAS, the General Assembly has...

Read more
Posted March 31, 2011 by christopher

Yesterday, the Tech News Today netcast on the TWiT network invited me on to discuss the North Carolina legislation to kill community networks and the Google Gigabit network decision to build in Kansas City, Kansas.  I am on the first 12 minutes or so of the show, embedded below.  

Posted March 28, 2011 by christopher

Momeyer also adds its name to the list of towns and cities opposing a bill in the State Legislature pushed by Time Warner Cable to deny the communities the right to build broadband networks.

A RESOLUTION OF THE TOWN COUNCIL OF MOMEYER URGING MEMBERS OF THE GENERAL ASSEMBLY AND GOVERNOR PERDUE TO OPPOSE H129 AND 587 (LEVEL PLAYING FIELD/LOCAL GOVERNMENT COMPETITION ACT) AND ANY LEGISLATION WHICH WOULD PROHIBIT OR LIMIT THE ABILITY OF LOCAL GOVERNMENTS TO PROVIDE BROADBAND OR ANY OTHER COMMUNICATION SERVICES OR SYSTEMS

WHEREAS, Senate Bill 87 and House Bill 129 have been introduced in the 2011-2012 Session of the General Assembly of North Carolina; and

WHEREAS, these bills do not provide a level playing field to cities, towns and counties, but greatly hinder local governments from providing needed communications services, including Public safety networks, and especially advanced high-speed broadband services, in unserved and underserved areas; and

WHEREAS, these bills impose numerous obligations on cities and towns that private broadband companies do not have to meet; and

WHEREAS, while private companies declare top-quality broadband service is cost prohibitive, the United States continues to lose ground to other nations in broadband access, user cost and growth in number of users, falling behind the United Kingdom, Korea, France, Japan, Canada, Estonia, and now China, each of which provides Internet access at speeds that are some 500 times faster than what the private providers in the United States and at less cost; and

WHEREAS, the bills would prohibit North Carolina cities and towns from using federal grant funds to deploy or operate locally-owned or operated broadband systems, thereby denying N.C. residents access to federal assistance available to the rest of the country and hindering employment opportunities; and

WHEREAS, deployment of high-speed Internet is a new public utility vital to the future economic development, educational outreach and community growth in North Carolina necessary to replace lost textile, tobacco, furniture and manufacturing jobs; and

WHEREAS, the General Assembly has already established: (1) rules governing Public...

Read more
Posted March 25, 2011 by christopher

Stacey Higginbotham at GigaOm has explained the entire reason Time Warner Cable and CenturyLink are trying to prohibit communities from building their own networks: North Carolina has some of the worst broadband in America! TWC and CenturyLink know how uncompetitive their services are! The story covers a new broadband map launched by bandwidth.com.

nc-bbchart.png

Look at these numbers!!

North Carolina has SEVEN of the worst 10 places to get broadband in the US. And these are the places in North Carolina that actually have broadband! Imagine how bad it is in the rural areas. Stunning to see the North Carolina Legislators conspiring to limit the ability of communities to invest in themselves when the private sector has no interest in next-generation networks, choosing instead to reap profits off of systems that barely meet the FCC's definition of broadband.

With such terribly uncompetitive services, of course Time Warner Cable and CenturyLink have run to the Legislature to ban the community networks that have stepped in to prevent lazy incumbents from killing the future of entire communities in the digital age. As we have been detailing (most recently here), the public is overwhelmingly opposed to Raleigh telling communities they cannot build the networks TWC and CenturyLink will not.

What more proof is necessary that the Legislators pushing H129 in North Carolina have sold out the citizens for a few massive companies that just happen to make large donations to their campaigns.

We previously charted the superiority of the community fiber networks in North Carolina, but this chart shows just how much the existing cable and DSL companies have left North Carolina communities behind.

Posted March 24, 2011 by christopher

After a few days of false hope, the Time Warner Cable Monopoly Protection Act, H129, passed the House Finance Committee after being stripped of the amendments that would have allowed communities without access to real broadband to build their own networks.

As usual, Stop the Cap! offered the first recap of yesterday's fiasco.

Faison’s amendment was designed to open the door to someone — anyone – to bring broadband into rural areas of the state.  While Time Warner Cable, AT&T, and CenturyLink dawdle, large numbers of rural residents simply go without any broadband service.  Faison’s amendment was simple and reasonable — if at least half of an area is not served with 4/1Mbps service, provisions should be made to allow local communities, if they wish, to establish service themselves to get the job done.

Last week, when Faison’s amendment appeared to be headed for incorporation into the bill, industry lobbyists blanched and fled the room, raising vocal objections and demanding a week timeout before a vote was taken.  After winning their reprieve, they managed to get the Republican majority in line to throw rural North Carolina under the bus, uniformly opposing Faison’s amendment.  Two Democrats, one representing the city where Time Warner Cable’s regional division is headquartered, joined them.

In its place, they substituted a new amendment which defined broadband in the state of North Carolina as any service occasionally capable of achieving 768kbps downstream and 200kbps upstream.  That represents “well-served” among these industry-friendly legislators.

This came after an excellent exposé showing Representatives annoyed to be asked why they are pushing Time Warner Cable's bill (to the detriment of every other business and citizen of North Carolina) after taking large contributions from telecommunications companies.

This video is no longer available.

Others have taken notice as well - see this political cartoon...

Read more
Posted March 24, 2011 by christopher

A resolution opposing H129/S87 from the city of Raleigh:

RESOLUTION NO. 2011 – 322

A RESOLUTION OF THE CITY OF RALEIGH URGING THE STATE TO RECOGNIZE THE ROLE OF MUNICIPALITIES IN THE DEPLOYMENT OF TECHNOLOGY SERVICES FOR THE ECONOMIC DEVELOPMENT OF NORTH CAROLINA AND TO EXPRESS CONCERN ABOUT POTENTIAL LEGISLATION TO LIMIT LOCAL GOVERNMENT PROVISION OF BROADBAND SERVICE

Whereas, access to high capacity, high-speed, state-of-the-art broadband networks is essential for our state to compete in the global economy and to provide citizens access to advanced applications in medicine, public safety, energy management and education;

Whereas, the United States is rapidly losing ground to other countries in broadband subscriptions per capita and North Carolina is similarly losing ground to other states;

Whereas, contrary to that trend, the City of Raleigh has made significant strides in ensuring that businesses, citizens, and visitors have access to technology services, providing free WiFi service in the center city area;

Whereas, in March of 2010 the City of Raleigh was named America's Most Wired City by Forbes, ranking higher overall than any other U.S. city in three measures—broadband penetration, broadband access, and plentiful WiFi hot spots;

Whereas, the City of Raleigh's experience demonstrates the economic development benefits of investment in the deployment of advanced networks by public and private providers;

Whereas, Senate Bill 87 and House Bill 129, companion bills entitled Level Playing Field/Local Gov't Competition, were introduced in the 2011 Regular Session of the North Carolina General Assembly; and

Whereas, if enacted the proposed legislation would not have leveled the playing field but instead would have hindered local governments from providing needed communications services, especially advanced high-speed broadband, in underserved areas and imposed burdensome obligations on local governments that private broadband providers would not have to meet;

Whereas, if enacted the proposed legislation would have denied local governments the availability of federal grants under the American Recovery and Reinvestment Act to assist in providing affordable access to high capacity broadband service in unserved and underserved areas; and

Whereas, private providers have not been willing or able to provide high-speed broadband services to...

Read more
Posted March 22, 2011 by christopher

On Wednesday morning, March 22, the House Finance Committee will again consider H 129, a bill from Time Warner Cable to make it all but impossible for communities to build their own broadband networks. But now, as noted by Craig Settles, the momentum is shifting.

Last week, advocates had a big victory when Representatives Faison and Warren successfully amended the bill (each with his own amendment) to make it less deleterious to communities. Unlike the sham voice vote in the Public Utility Committee, Chairman Setzer of the Finance Committee had a recorded vote, allowing citizens to hold their representatives accountable.

After these amendments passed, the TWC lobbyist signaled for an aide. Shortly thereafter, the committee decided to table the matter until this week -- when TWC will undoubtedly try to remove or nullify those amendments.

In the meantime, AT&T has announced bandwidth caps, yet another reason the state is foolish to pin its broadband future on cable and DSL companies.

Compare AT&T's movement to less-broadband with Wilson Greenlight's recent dramatic price decreases in its ridiculously fast broadband network, causing at least one couple to move there! Greenlight is owned and operated by the public power company owned by the city.

Greenlight has signed up its first residential customers with the highest Internet speed available in Wilson.

Vince and Linda Worthington, former Johnston County residents, moved to Wilson after finding out that they could have access to 40 Megabits per second Internet speeds at a lower cost than what they were previously paying.

"We always wanted the 100Mbps service," she said. "When the price came down, we jumped on it." Greenlight, the city of Wilson's fiber-optic...

Read more
Posted March 18, 2011 by christopher

The Roanoke Times recently published an extensive story about broadband, covering everything from what it is to why it is needed and who doesn't have it.

Aside from providing an excellent primer on these issues to those who are new to broadband discussions, Jeff Sturgeon writes about problems often ignored by the media, like the difficulties for companies and other entities can encounter when they need extremely high capacity connections:

Skip Garner directs the Virginia Bioinformatics Institute, which unites the powers of biology and information technology to advance medicine. It is at Virginia Tech. Garner said he, too, finds computing power a constraint. In spite of a 1 gigabit connection, "we are limited in what we could do," Garner said.

When the lab's DNA sequencers pile up data, "we will often put it on a 1-terabyte drive ... and FedEx it to our customers," Garner said.

An upgrade to 10 gigabits is coming. He expects it still won't be enough.

It might appear that new facilities would not have such problems, but even the 5-month-old Virginia Tech Carilion Research Institute near downtown Roanoke is not satisfied with its Web service. While the speed is good at 10 gigabits, the cost it pays to service providers is staggering.

"It's in the tens of thousands of dollars a month," said Executive Director Michael Friedlander.

This is one world. Communities with their own fiber networks are another -- where these connections are not prohibitively expensive. And yet another world is the world of several rural Minnesota Counties, who cannot even get T.1 lines from incumbent phone providers. In Cook County, in 2008, a company was quoted $600,000 to install a T.1 line. Yes, $600,000 - I had to hear it twice to make sure I wasn't imagining it.

The article explores Design Nine founder Andrew Cohill's thoughts on improving broadband access. Cohill mentions Wired West, a network we have written about previously.

"We think it's got to be treated like essential public infrastructure," he said.

That way, access would be open to any service provider on equal footing. Just as anyone could launch a cab company or food delivery service over the road system, anyone...

Read more
Posted March 16, 2011 by ejames

Communities invest in telecommunications networks for a variety of reasons - economic development, improving access to education and health care, price stabilization, etc. They range from massive networks offering a gig to hundreds of thousands in Tennessee to small towns connecting a few local businesses.

This map tracks a variety of ways in which local governments have invested in wired telecommunications networks as well as state laws that discourage such approaches.

Our map includes more than 800 communities, of which 500 are served by some form of municipal network and more than 300 are served by a cooperative (updated January, 2019):
  • 55 municipal networks serving 109 communities with a publicly owned FTTH citywide network.
  • 73 communities with a publicly owned cable network reaching most or all of the community.
  • 196 communities with some publicly owned fiber service available to parts of the community (often a business district).
  • More than 120 communities with publicly owned dark fiber available.
  • More than 150 communities in 29 states with a publicly owned network offering at least 1 gigabit services. And at least 20 communities in 4 states with a municipal network delivering 10 gigabit services.
  • 334 communities served by rural electric cooperatives. 10 communities served by one broadband cooperative. (Communities served by telephone cooperatives will soon be on the map as well).

Nineteen states have barriers in place that discourage or prevent local communities from deciding locally if such an investment is a wise decision. We strongly believe these...

Read more
Posted March 7, 2011 by christopher

Rockingham County has joined Raleigh in officially passing a resolution against legislation to cripple community networks in the state.

 

RESOLUTION
BY THE ROCKINGHAM COUNTY BOARD OF COMMISSIONERS
AGAINST SENATE BILL 87 and HOUSE BILL 129

WHEREAS, Senate Bill 87 and House Bill 129 have been introduced in the 2011-2012 Session of the General Assembly of North Carolina; and

WHEREAS, these bills do not provide a level playing field to cities, towns and counties, but greatly hinder local governments from providing needed communications services, especially advanced high-speed broadband services, in unserved and underserved areas; and

WHEREAS, these bills impose numerous obligations on cities and towns that private broadband companies do not have to meet; and

WHEREAS, private companies, despite having received favorable regulatory and tax treatment to enable broadband investment, have chosen to avoid the financial commitment necessary to provide top quality services to all residents and businesses; and

WHEREAS, while private companies declare top quality service is cost-prohibitive in our country, the United States continues to lose ground to other nations in broadband access, user cost and growth in number of users, falling behind the United Kingdom, Korea, France, Japan and Canada to name a few, and Japan has Internet access that is at least 500 times faster than what is considered high-speed in the United States and at less cost; and

WHEREAS, the bills would prohibit North Carolina cities and towns from using federal grant funds to 

deploy or operate locally-owned or operated broadband systems, thereby denying N.C. residents access to federal assistance available to the rest of the country and hindering employment opportunities; and

WHEREAS, deployment of high-speed Internet is a new public utility vital to the future economic development, educational outreach and community growth in North Carolina necessary to replace lost textile, tobacco, furniture and manufacturing jobs; and

WHEREAS, the General...

Read more

Pages

Subscribe to preemption