Tag: "preemption"

Posted March 24, 2015 by lgonzalez

The State of Tennessee has filed the first appeal to the recent FCC Opinion and Order [PDF] reducing state barriers to municipal broadband. Governor Bill Haslam appears determined to keep his constituents in the Internet slow lane.

The state filed the short petition on March 20th arguing [view the petition on Scribd.]:

The State of Tennessee, as a sovereign and a party to the proceeding below, is aggrieved and seeks relief on the grounds that the Order: (1) is contrary to the United States Constitution; (2) is in excess of the Commission’s authority; (3) is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act; and (4) is otherwise contrary to law.

Haslam expressed his intention to explore the possibility of filing the appeal earlier this month reported the Times Free Press. In February, the Governor and Tennessee Attorney General Herbert Slatery signed a letter from a number of state officials to the FCC urging them not to change state law. U.S. Rep from Tennessee Marsha Blackburn and her Senate counterpart Thom Tillis introduced legislation to fight the Order just days after the FCC decision.

State Senator Janice Bowling, a long time advocate for local choice, and Rep. Kevin Brooks have taken the opposite perspective, introducing state legislation to remove restrictions to achieve the same result as the FCC Order with no federal intervention. Their bill has been publicly supported by the state Farm Bureau and local municipalities such as the City of Bristol.

Hopefully, at the next election Tennessee voters will remember how their state elected officials and their Governor stand on improving connectivity in the Volunteer State. The good...

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Posted March 24, 2015 by christopher

After anticipating this moment for many months, we have a ruling from the FCC that has restored local authority to build and expand networks in North Carolina and Tennessee. Though we have already pulled out the key passages for readers, we wanted to discuss the decision with Jim Baller of Baller, Herbst, Stokes, & Lide.

Jim worked with Wilson and Chattanooga in crafting their petitions and sat down with me last week at the Iowa Association of Municipal Utilities Broadband Conference in Des Moines last week.

We went over the key issues in the ruling, including why the FCC had authority to take action, how the state laws limited investment in advanced Internet networks, the impact of the ruling, and what comes next.

See our other podcasts with Jim as well as articles that we tagged him in here. Read the FCC's Memorandum and Order here [pdf].

Read the transcript from our conversation here.

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

This show is 30 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

Listen to previous episodes here. You can can download this Mp3 file directly from here.

Find more episodes in our podcast index.

Thanks to Persson for the music, licensed using Creative Commons. The song is "Blues walk."

Posted March 23, 2015 by lgonzalez

At its March 3rd City Council meeting, elected leaders in Bristol voted 4 - 1 to adopt resolution 15 - 8 reported TriCities.com. The resolution officially supports state legislation removing state barriers that prevent municipal electric utilities from offering Internet service beyond their electric service footprint. State Senator Janice Bowling and Representative Kevin Brooks are sponsoring SB 1134 and its companion HB 1303 [PDF].

Bristol Tennessee Essential Services (BTES) is one of the state's gigabit FTTH networks but like Chattanooga, is limited by state geographic restrictions. The recent FCC decision to overturn Tennessee and North Carolina state barriers has removed that legal provision but Bowling and Brooks want to make sure it happens and that Tennessee is able to embrace smarter policy without FCC intervention.

Bristol recognizes that its gigabit network provides a rare advantage in Tennessee. From the City Council agenda on the issue:

The service is an essential element of economic development, enhances educational opportunities, increases regional and global competitiveness, and provides a better quality of life. While we enjoy the benefits of being a “Gigabit Community”, there are many areas of Tennessee that lack access to high-speed broadband service. The ability to extend this service beyond the municipal electric service territory will provide an opportunity for customers to choose their provider and ensure a high quality of broadband service at a competitive price.

At the meeting, members of the Council noted that eliminating the restriction would allow BTES the ability to bring service to areas left behind by traditional providers. TriCites.com reported:

“This is David-versus-Goliath situation in that little, tiny BTES versus companies like Charter and AT&T have had the opportunity for years to develop places like Mountain City, Kingsport and Johnson City,” said Councilwoman Michelle Dolan. “Removing these...

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Posted March 23, 2015 by rebecca

The Orlando Sentinel published this op-ed about local government action for broadband networks on March 11, 2015. 

Local governments should make broadband choices
By Christopher Mitchell

Community broadband must be a local choice, a guest columnist writes.

When Comcast announced plans last year to invest hundreds of millions in theme parks in Florida and California, its customers may have wondered why the cable giant wasn't using those funds to deliver a faster or more reliable Internet connection. While Comcast's Universal Studios faces competition from Walt Disney World, most people don't have a real choice in high-speed Internet access.

The Federal Communications Commission has just boosted the broadband definition from 4 megabits per second to 25 mbps. At that speed, some 75 percent of Americans have no choice in providers — they are stuck with one or none.

The rest of America is living in the future, often because their local government rolled up its sleeves and got involved. In some of these communities, the local government built its own network and others worked with a trusted partner. Chattanooga's city-owned electric utility built the nation's first citywide gigabit network, which is about 100 times faster than the average connection today.

Google is famously working with some bigger cities, whereas local provider GWI in Maine has partnered with several local governments to expand gigabit access.

However, the big cable and telephone companies have almost always refused to work with local governments. Instead, they've lobbied states to restrict the right of local governments to build or partner in this essential infrastructure.

In Florida, the law puts restrictions on local governments that do not apply to the private sector, such as a strict profitability timetable that can be unrealistic for large capital investments regardless of being privately or publicly owned. Some 20 states have such barriers that limit competition by effectively taking the decision away from communities.

In January, President Obama spoke out in favor of local governments being able to make these investments and partnerships without state interference. He was in Cedar Falls, Iowa, which has one of the oldest municipal broadband...

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Posted March 19, 2015 by lgonzalez

The Missouri Senate Jobs, Economic Development and Local Government Committee voted to pass anti-local choice SB 266 on March 18th. This bill, sponsored by Senator Kurt Schaefer, will increase barriers for municipal networks and damage the possibility of highly-effective partnerships with the private sector. Call your Missouri State Senator and let them know you consider this bill anti-competitive, hostile to local interests, and that you will remember their vote at the next election.

The bill was discussed in the same committee earlier this month when a number of private tech firms, industry associations, and utilities groups wrote to members to express their concern with the bill. A dozen entities, including Google, NATOA, and APPA wrote that the provisions in the bill would prevent public private partnerships that improve connectivity at the local level. [See a PDF of the letter here.]

At the time, the committee chose not to vote. Rather than listen to experts, however, they postponed the decision and voted to pass the bill on Wednesday. The only amendment was a provision excluding Kansas City, Springfield, and St. Louis.

The exceptions will help Google and SpringNet but other communities will be shackled. The legislation states that its goal is to encourage innovation but the result is just the opposite by discouraging investment through intimidation.

Columbia is watching the course of this legislation with particular interest. As we reported last fall, the city is considering expanding use of its current fiber resources to spur economic development. This bill could derail their plans and keep Columbia's population limping along with CenturyLink's dismal DSL.  Mid-Missouri Public Radio reported on the bill in February:

“Smaller communities are concerned because they don’t have access to high...

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Posted March 18, 2015 by lgonzalez

The Center for Public Integrity has followed the local choice debate closely. Their team has travelled to Tennessee and North Carolina to talk to lawmakers, visited communities seeking high-speed networks, and dug deep into the source of influential campaign funds. Allan Holmes and his team have assembled a collection of articles and audio that offers the right amount of history, backstory, and anecdotes to properly understand these issues.

Holmes published an article last August that took a deep look at telecommunications laws at the state level. Along the way, he spoke with State Senator Janice Bowling from Tullahoma. MuniNetworks.org readers know that the community is known for LightTUBe, the fiber network offering an oasis of high quality connectivity in an otherwise broadband desert. At the time, the Wilson and Chattanooga petitions were still fresh but Tennessee communities had long dealt with the problem of poor connectivity from incumbents. From the August article:

“We don’t quarrel with the fact that AT&T has shareholders that it has to answer to,” Bowling said with a drawl while sitting in the spacious wood-paneled den of her log-cabin-style home. “That’s fine, and I believe in capitalism and the free market. But when they won’t come in, then Tennesseans have an obligation to do it themselves.”

Holmes wrote about economic development in Tullahoma, a factor that seems directly tied to the presence of its municipal network:

Employment in Tullahoma lagged statewide job growth before theLightTUBe was turned on. Since the recession ended in 2009, two years after the city began offering broadband, the city has outpaced job growth in Tennessee. The city added 3,598 jobs from April 2009 to April 2014, a 1.63 percent annual growth rate, about double the statewide rate, according to the Bureau of Labor Statistics.

For perspective, Holmes visited Fayetteville, North Carolina, where community leaders have tried and failed to initiate community network deployment. Even though the community has a generous store of fiber assets, state laws prevent municipalities from offering connectivity. Local officials see the nonsense behind...

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Posted March 10, 2015 by christopher

After the FCC decisions to remove barriers to community networks and to reclassify Internet access as a Title II service to enforce network neutrality rules, Lisa and I spend some time discussing the decision and reactions to it.

We also discuss my presentation at Freedom to Connect, where I offer some thoughts on what communities can do in the long term to ensure we end scarcity and the corporate monopoly model of Internet access.

Though we will continue to fight against barriers to local choice and work to ensure every community has the authority to choose the model that best fits it, we plan to spend more time examining how Internet access can be built as infrastructure rather than as for a specific service from a single provider.

Read the transcript from this show here.

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

This show is 16 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

Listen to previous episodes here. You can can download this Mp3 file directly from here.

Find more episodes in our podcast index.

Thanks to Persson for the music, licensed using Creative Commons. The song is "Blues walk."

Posted March 9, 2015 by lgonzalez

The Tennessee Farm Bureau Association recently put its support behind state legislation from Senator Janice Bowling and Rep. Kevin Brooks reports the Times Free Press

The Bureau told the Times Free Press:

"Our members are hungry to have broadband," said Rhedonna Rose, executive vice president of the 600,000-member Tennessee Farm Bureau Federation. "We represent a lot of Tennesseans in very rural areas of the state who are frustrated that they don't have high-speed Internet."

SB 1134 and its companion HB 1303 are brief and direct, allowing municipal power distributors the right to extend Internet access beyond current geographic boundaries established by state barriers. Bradley County, one of EPB's neighbors, would like to have EPB expand service to them but state laws, backed by large corporate incumbents not interested in serving Bradley, forbid expansion.

According to a Chattanoogan article, EPB and Bradley County are planning for the expansion which will serve about 1,000 people; about 800 of those people rely on dial-up for Internet access. From the Chattanoogan article:

“We have people who live within half a mile of our service territory … who have nothing but dial-up, and that doesn’t make any sense” [EPB CEO Harold] DePriest said. “In a lot of cases we can get to those areas fairly easily.”

The recent FCC decision changed the landscape in Tennessee and North Carolina for now but policy advocates, telecommunications attorneys, and community leaders are braced for legal challenges. In a Times Free Press article from last week, Tennessee Republican Governor Bill Haslam stated that his office would consider appealing the FCC decision. 

Bowling and Brooks are more interested in solving the broadband problem for their...

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Posted March 9, 2015 by lgonzalez

In light of the recent FCC decision to restore some local telecommunications authority in Tennessee and North Carolina, it is time to examine the details. Join leading telecom attorneys Jim Baller and Marty Stern as they host a live BroadbandUS.TV webcast on March 13th to discuss Title II, network neutrality, and new possibilities for munis.

The event begins at 1 p.m. ET and is titled FCC Takes Charge - Net Neutrality and Muni Broadband: New Title II Rules for Broadband Access and Preempting State Limits on Municipal Networks. Registration is available at the BroadbandUS.TV website. More info about the event:

In this special edition of Broadband US TV we examine two historic decisions from the FCC: The decision to classify broadband access as a Title II service, and the preemption of state laws in North Carolina and Tennessee that placed limits on municipal broadband networks.  We’ll dive into these issues with two panels of prominent players and experts on both sides of these white hot issues.  Hear details about the rulings, predictions on implementation and court challenges, and what these rulings are likely to portend for broadband in America over the next year and beyond.  On the muni broadband panel, our own Jim Baller, lead counsel to Chattanooga and Wilson before the FCC, will go from host to panelist and mix it up with our other guests.  We’ll be sure not to cut him any slack.

Guests will be:

Title II and Broadband  -- Pipedream or New Reality                                     

  • Craig Aaron, President, Free Press 
  • Chris Lewis, VP, Government Affairs, Public Knowledge
  • Sarah Morris, Senior Policy Counsel, New America Foundation, Open Technology Initiative 
  • Hank Hultquist, VP, Federal Regulatory, AT&T
  • Barbara Esbin, Outside Counsel, American Cable Association
  • Jonathan Banks, Senior VP, Law and Policy, US Telecom Association 

 

Muni Broadband -- Striking Down State Limits 

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Posted February 26, 2015 by lgonzalez

Republican State Senator Janice Bowling from Tennessee is once again speaking out in favor of local telecommunications authority. On Monday, she published an op-ed in the Tennessean titled "Don't limit high-speed broadband to big cities," noting that rural communities often have no choice but to build their own infrastructure to obtain fast, reliable, affordable Internet access for residents and businesses.

Bowling refers to Tullahoma, her own home town, where economic growth is strong and Internet access is affordable. Tullahoma has a history of increasing speeds without increasing rates and now offers gigabit service for around $100. Unfortunately, Tullahoma is surrounded by communities it cannot help due to the state limitations.

Tennessee's restrictive laws prevent other communities from following in Tullahoma's footsteps. She sees the way these laws hold back people in her home state:

Unfortunately, public broadband networks are impeded by restrictive state laws that limit the power municipals have in providing services. In Tennessee, a 1999 law prohibits municipalities that operate broadband networks from providing service to anyone outside of the boundaries of their electrical footprint. This means that people in rural towns and small communities are still without high-speed Internet.

They’re without educational and employment opportunities, improved modern health care, enhanced public safety or better-quality government services, among other benefits.

As a senator representing seven rural counties and a resident of a small community myself, I am speaking out for all of those who are being held hostage to 20th-century technology. Let us grow our economies, improve our governments’ performance and create jobs for in our communities. Let us have Internet choice(s).

In November, Senator Bowling spoke at the Next Century Cities event "Envisioning a Gigabit Future." Below is her presentation on the need for high-speed connectivity and local authority in rural...

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