Tag: "preemption"

Posted March 4, 2010 by christopher

Minnesota is one of the eighteen states that have enacted specific barriers to prevent the public sector from building networks (protecting incumbents from any competition). It presently has the uniquely high - 65% - referendum requirement on communities that want to build a network that will offer telephone services (which thereby includes all fiber-to-the-home triple play networks).

However, up in Cook County, they could not meet that threshold. They had a referendum in which 56% voted yes - a majority but not satisfactorily large for a 1915 MN law. State Representative Dill and Senator Bakk realized this was crazy - state law set too high a bar for the County they represented. Cook would be unable to build the network they need - remember that the whole County was isolated following a single fiber cut because Qwest does not invest in communities where profits are scant (let's not blame Qwest though - private companies are not supposed to be charities and they should not be expected to build the essential infrastructure communities need).

Rep Dill and Sen Bakk introduced a bill to reduce the 65% to 50% referendum but the private providers must have thrown some sort of tantrum. Before the bill could even be heard, incumbent providers had reached some sort of a deal with Rep Dill and Sen Bakk, agreeing that they would not oppose the bill if it only applied to Cook County. Cook would be able to build its network, but all other local governments, many very rural and in similar but not equal severity, would be stuck with the 65% referendum requirement if they wanted to build a similar network. In the House, this "compromise" has flown through multiple committees with little debate.

In the Senate, some fought back, wondering if perhaps massive incumbent providers shouldn't be the ones to determine if communities can build modern networks -- especially when the providers won't. So the bill was introduced in the Senate. It was quickly amended to the incumbent demanded-text, but was then amended back again to a 50% majority for all MN (better than the 65% in current law). This was all in the Senate Committee dealing with Telecom. Confused yet?

It was next forwarded to the Committee dealing with Local Government, where the...

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Posted March 1, 2010 by christopher

The Longmont Times-Call continues its coverage of the community network struggles of a Colorado community. This story has a lot of the history behind how Longmont developed a fiber ring and how they have used it even as they are prohibited from expanding it.

Longmont is not alone in working for upwards of a decade to bring better broadband to the community that actually meets local needs rather than maximizing profits. Other communities have also spent ten, fifteen, or even long with on-gain, off-again plans to build a publicly owned network. This reality provides a handy refutation of state preemptions based on the logic that communities will act too quickly in not considering their plan for a network. Communities take years in researching, planning, and developing networks.

In Longmont, the first public fiber investment came in 1996 and was expanded shortly thereafter by the Platte River Power Authority. The city moved more than 40 facilities to a gigabit network, leaving T1s to communities that prefer to vastly overpay for their telecommunications needs.

They worked with a private company, Adesta, to expand the network to residents and businesses but the company filed for bankruptcy in the following year. The arrangement certainly had its upside though - Qwest and Comcast mysteriously decided to start offering broadband in Longmont shortly after the Adesta agreement. This happens almost every time a community invests in infrastructure -- it leads to increased investment from incumbents.

They quote a techie from the Longmont Hospital who explains the one of the benefits of the publicly owned fiber already in the ground:

“It’s at least a three times reduction in cost,” Niemann said of leasing fiber from the city, versus contracting with a commercial provider. “And oftentimes, if you go with a commercial provider, you have construction costs.”

The city would like to expand the network, both to bring competition to the DSL/cable duopoly, and to invest in smart grid applications for its public power utility. Unfortunately, they have to win a referendum per Colorado's incumbent-protection law. The incumbents are more than willing to spend hundreds of thousands against any such measure, knowing they would lose far more in profits if they had to deal with competition in the community.

Posted January 7, 2010 by christopher

Ars Technica has published an op-ed I wrote after we published our interactive municipal broadband preemption map.

Community-owned broadband is one way to bring fiber to smaller markets, but many states restrict the practice. Researcher Christopher Mitchell argues that it's time for a bit more Roosevelt-style localism in US broadband.

Posted December 17, 2009 by christopher

In this short article, Joanne and Ken discuss why Colorado Municipalities need to think about broadband within their community and why Colorado law makes it more difficult for communities in Colorado to ensure they have modern broadband networks.

Even as there is growing consensus nationally that broadband is a key driver of economic competitiveness, the communications industry is not meeting our growing demand for bandwidth and speed in an affordable manner. The U.S. has slipped to 16th in the world in per capita penetration as of May 2007, compared to a ranking of fourth just six years ago. We face a broadband monopoly or duopoly of incumbent cable and telephone companies, with the possibility of no broadband in many rural areas. DSL and cable modem service are not universally available, and even where they are frequently fail to meet business and educational needs. Small and medium businesses cannot compete without affordable, high-speed access. Many businesses will not locate in areas without very high speed access. Homebased businesses fail to grow because of slow Internet speeds. Lack of fast, affordable broadband also precludes development of the collaborative, distributed work that is a hallmark of the emerging global economy.

However, short-sited politicians in the capitol have created roadblocks to community broadband networks:

With support of large communications providers, Colorado passed Senate Bill 152 in 2005, which placed a significant roadblock in front of any local government efforts to invest in broadband deployment. Essentially, local governments are prohibited from investing in these networks, even in the case of public-private partnerships where the customer interaction is through a private sector partner, unless the project is approved by local voters. While problematic, a well-planned project should arguably not have a problem receiving voter approval. However, one of the unintended consequences of the legislation was its failure to anticipate the federal stimulus dollars, and the intent of the federal government to send those dollars to communities with “shovel ready” projects.

Colorado communities are disadvantaged compared to other local governments if we can only represent that our ability to spend these dollars is contingent upon a public vote.

Posted December 2, 2009 by christopher

Our community broadband preemption map has merged with the community broadband map.

Posted November 20, 2009 by christopher

Tropos is a California-based company that sells wireless networking gear, frequently to municipalities. They filed comments with the FCC regarding the National Broadband Plan in response to the request: "Comment Sought on the Contribution of Federal, State, Tribal, and Local Government to Broadband."

We fully support their framing of the issue:

Municipalities that own and control their wireless broadband networks, operate public services more efficiently, prioritize broadband traffic for emergencies, and put unused bandwidth to use to attract new businesses, afford educational opportunities to students and in many cases, provide free broadband access to unserved or underserved residents.

Tropos calls for an end to preemption on community networks.

Congress should not adopt legislation that would prohibit local governments from building and operating broadband networks to provide services within a community. Local governments should have the freedom to make decisions on how they want to provide broadband within their community.

And finally, Tropos harkens back to the same political battles from one hundred years ago:

A century ago, when inexpensive electricity was available to only a small fraction of the U.S. population, incumbent suppliers of electricity sought to prevent the public sector from offering electricity for many of the same reasons incumbent broadband providers now argue against community broadband deployment and services. Back then, incumbents sought to limit competition by arguing that local governments didn’t have the expertise to offer something as complex as electricity. They argued that their own businesses would suffer if they faced competition from cities and towns. Local community leaders recognized that their economic survival and the health and welfare of their citizens depended on wiring their communities. They understood that it would take both private and public investment to bring electricity to all Americans. Fortunately, they prevailed. Just as municipal electric systems proved critical to making access to electric service universal in the 20th Century, municipal networks can be part of the solution in making broadband access universal in the 21st Century – and should be included in the build-out of a national broadband infrastructure.

The...

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Posted June 9, 2009 by christopher

Written Statement of Mr. Joey Durel Jr., City-Parish President of Lafayette,
Louisiana on behalf of the American Public Power Association
To the House Energy and Commerce Committee, Subcommittee on
Telecommunications and the Internet
H.R. __, a Discussion Draft on Wireless Consumer Protection and Community Broadband Empowerment
Wednesday, February 27, 2008

Good morning Chairman Markey, Ranking Member Stearns and members of the Telecommunications Subcommittee. My name is Joey Durel and I am the City-Parish President of Lafayette, Louisiana. I am testifying today on behalf of the American Public Power Association, of which Lafayette is a member. I am also the current Vice-Chairman of APPA’s Policy Makers Council.

The American Public Power Association (APPA) is the national service organization representing the interests of the nation’s more than 2,000 state and community-owned electric utilities that collectively serve over 44 million Americans. These utilities include state public power agencies, municipal electric utilities, and special utility districts that provide electricity and other services to some of the nation’s largest cities such as Los Angeles, Seattle, San Antonio, and Jacksonville, as well as some of its smallest towns. The vast majority of these public power systems serve small and medium-sized communities, in 49 states, all but Hawaii. In fact, 75 percent of publicly-owned electric utilities are located in communities with populations of 10,000 people or less.

Many of these public power systems were established largely due to the failure of private utilities to provide electricity to smaller communities, which were then viewed as unprofitable. In these cases, communities formed public power systems to do for themselves what they viewed to be of vital importance to their quality of life and economic prosperity.

This same development is occurring today in the area of advanced communications services just as it did in electricity over 100 years ago. Public power systems in some areas are meeting the new demands of their communities by providing broadband services where such services are unavailable, inadequate, or too expensive. These services, provided with high quality and at affordable prices, are crucial to the economic success of communities across the nation.

Thus, Mr. Chairman, my testimony today will focus exclusively on...

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