Tag: "state laws"

Posted July 10, 2018 by lgonzalez

Death, taxes, and legislative drama are three of life’s certainties. Most recently, the drama unfolded in California as Democratic Sen. Scott Wiener has tried to pass state network neutrality protections after the FCC revoked federal law, leaving millions at the mercy of a broken market.

Coulda, Shoulda, Woulda

California is one of a long list of states that have in some way addressed the current lack of regulations regarding network neutrality. In addition to Executive Orders in six states, including Vermont and Montana, state legislatures in 29 states have introduced legislation that address some aspect of network neutrality. Oregon, Vermont, and Washington have adopted legislation. To see a comprehensive list of state bills across the country, check out the National Conference of State Legislatures’ website.

Wiener’s  SB 822 had been described as “the most comprehensive” of state legislation introduced since FCC Chairman Ajit Pai and the Republican Commissioners repealed federal network neutrality late last year. The bill passed in the Senate in late May, but amendments adopted during a contentious Communications and Conveyance Committee meeting in the Assembly transformed it into quite a different piece of legislation.

When the bill was at full strength in the Senate, it received the support of network neutrality advocates, including former FCC Chairman Tom Wheeler and the state’s Attorney General Xavier Becerra. Mayors from some of California’s largest cities have also endorsed SB 822. While the bill implemented the types of protections that past federal network neutrality provided, such as prohibiting paid prioritization and allowing equal access to all traffic on the Internet, SB 822 in its original form created additional protections. For example, the bill...

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Posted June 28, 2018 by lgonzalez

In May, Connecticut’s Public Utility Regulatory Agency (PURA) struck a blow at local authority when the ruled that communities could not use their protected utility pole space for municipal fiber deployment. Big cable and telephone companies cheered, broadband advocates and communities that need better connectivity decided to take action. Now, PURA faces lawsuits that challenge the decision from the Office of Consumer Counsel (OCC), the Connecticut Conference of Municipalities (CCM), and at least three local communities that just want high-quality Internet access.

Long Wait

The focus of the controversy is Connecticut’s Municipal Gain Space Law, which was first established in the early 1900s to guarantee municipalities the ability to hang telegraph wires. The municipal gain space is a location on all utility poles — publicly or privately owned — situated in the public right-of-way. After multiple law suits over the years in which cities and the state typically won, Connecticut’s legislature finally amended the language of the law to allow government entities to use the municipal gain space for “any use” in 2013.

Almost two years ago, we reported on the petition filed by the OCC and the State Broadband Office (SBO) with PURA asking for clarification on the law, which included establishing clear-cut rules on using the municipal gain space for fiber optic deployment. They felt the rules needed cleaning up because some incumbents in Connecticut were still finding ways to thwart competition and stop or delay plans for municipal fiber deployment. 

logo-PURA-ct.jpeg In addition to using restrictive pole attachment agreements, incumbents were exploiting the lack of definition in the statute to slow make-ready work, question who pays for make-ready work, and generally delay municipal projects. Time is money and losing momentum can drive up the cost of of a project, which in turn erodes a community's will to see it realized.

The Decision in Question

In addition to the petition that the OCC had filed, Frontier, the Communications Workers of America, and the New England Cable and...

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Posted June 26, 2018 by lgonzalez

The State of Colorado has made some changes in the past few years that are improving broadband deployment, especially in rural areas. In this episode of the podcast, Christopher talks about some of those changes with Tony Neal-Graves, Executive Director of the Colorado Broadband Office. While Christopher was in Vail at the Mountain Connect event, he and Tony sat down to have a conversation about broadband and deployment in Colorado.

In addition to discussing his shift from the private to public sector, Tony gets into changes in state law, including last session’s adjustments to Colorado’s right of first refusal. Tony describes what kinds of conversations he's had with local communities and acknowledges that Colorado communities are especially good at working together to solve connectivity issues. Chris and Tony also talk about the growing role of cooperatives and state versus FCC data collection. In addition to the Colorado Department of Local Affairs (DOLA), which helps fund local broadband deployment, Colorado seems to be making some smart moves that keep raising the bar on how to fast-track smart broadband deployment.

This show is 28 minutes long and can be played on this page or via iTunes or 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.

Read the transcript for this show here....

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Posted June 15, 2018 by lgonzalez

In response to the FCC’s decision to end federal network neutrality protections, California and other states have introduced bills to fill the gap left by the Commission. Local communities who had flirted with the idea of publicly owned Internet infrastructure in the past have now taken a second and more serious look to counteract the FCC’s harmful policy shift. Assembly Member Ed Chau’s AB 1999, making its way through the legislative process, is opening possibilities for local communities to invest in their own Internet infrastructure. Chau recognizes that publicly owned networks are an option for more than network neutrality protections, especially in rural communities.

Attitude Adjustment

Our Christopher Mitchell travelled to California in May to testify about the bill as it worked its way through the committee process. AB 1999 could indicate that big telephone and cable companies now have less influence in state Capitols around the U.S. than in past years. We recently wrote about a New Hampshire bill that gives us similar hope — a piece of legislation signed by the Governor there that removed restrictions on local investment in broadband networks.

Like New Hampshire's SB 170, AB 1999 allows communities where big national providers don’t want to invest have more control over how they improve local connectivity. If passed, the bill will give California's community service districts the ability to develop public broadband networks and offer services. The language of the bill also requires that any networks developed by community service districts adhere to network neutrality rules.

Rural Communities Serving Themselves

Community service districts (CSD) are independent local governments created to provide services in unincorporated areas of a county. CSDs are...

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Posted June 12, 2018 by Staff

Rural Pinetop residents are getting a glimpse of  the treatment they are going to receive from Suddenlink,  even before the ISP has started offering service in the small North Carolina community.  According to locals, Suddenlink subcontractors are busting water mains, connecting fiber without homeowner permission, and spreading lies about the Town’s favored community-broadband provider, Wilson's municipal network, Greenlight Community Broadband.

A Bright Economic Future For A While

Back in 2015, this tiny, low income, town felt grateful to receive Fiber-to-the-home (FTTH), symmetrical gigabit Internet service from their electric provider, the municipal electric utility from neighboring Wilson. Suddenlink had turned their back on local residents for years, and before Greenlight began serving the community, a good day of Internet service from incumbent CenturyLink brought them 2 Mbps upload speed. 

With high-quality connectivity from Wilson’s Greenlight, the town began envisioning a new economic future. They recognized the importance of high capacity upload speed as an economic development tool to attract the professional and creative class. They wanted to attract doctors, lawyers, engineers, and digital media artists from Greenville and Rocky Mount to their town where the cost of doing business was low and the quality of life was high.

Tech entrepreneurs and other businesses community leaders in Pinetops hoped to attract need high capacity upload to share data heavy files, such as  x-rays, and blueprints from a home office or other place of business.

"Whose Side Are You On?"

In June 2017, the North Carolina General Assembly passed legislation, HB 396, mandating that the City of Wilson disconnect all its services from Pinetops within 30 days of being notified by a new provider that such retail service is “available” (words undefined but which seem like they could mean service is on for one home). The law is silent on Greenlight re-starting services...

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Posted June 7, 2018 by lgonzalez

National ISPs with millions of customers are some of the most hated companies in the U.S. Poor customer service, contract tricks, and a refusal to upgrade services are only a few of the common complaints from subscribers who are often trapped due to lack of competition. Frontier Communications is proudly carrying on that tradition of deficiency in Minnesota. In fact, the company’s excellence at skullduggery has drawn the attention of the state’s Public Utilities Commission (PUC), which launched an investigation into the service quality of Frontier this spring.

So Much Going On Here

While many of us are used to some level of poor service when it comes to the big ISPs, Frontier in Minnesota accumulated so many complaints, the PUC felt they had no choice but to take action. According to Phil Dampier from Stop the Cap!, the Commission received 439 complaints and negative comments in a five-week period in early 2018. Some but not all, of the types of issues that subscribers described included:

  • Lack of telephone service for up to a week at a time.
  • Poor quality telephone service, including missed calls and noise on phone lines.
  • Subscribers charged for services they’re not receiving.
  • Service visits that accomplish nothing but for which customers are still charged.
  • Missed service appointments and long delays in getting repairs scheduled.
  • Mistaken disconnections, service additions customers did not ask for, and service errors.
  • Contract issues that include penalties for early termination, even if the subscriber told Frontier they did not want a long term contract.
  • Auto-renew contracts that customers were never told about.
  • Threats to customers’ credit if they don’t pay bills, even when there is a dispute regarding the charges.
  • Customer service promises of discounts not being applied, penalties on disputed bill totals, and checks sent to Frontier but not credited to subscribers’ accounts.

The PUC wanted to hold public hearings to seek out other information from subscribers and those who had previous dealings with Frontier. In order to limit the public spectacle, Frontier and CenturyLink filed comments arguing that the PUC had no authority to review Frontier’...

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Posted June 5, 2018 by lgonzalez

On May 30th, New Hampshire Governor Chris Sununu signed SB 170, a bill local community leaders had watched for more than a year. The measure will allow municipalities to bond for publicly owned Internet network infrastructure. Advocates, local elected officials, and citizens have been seeking the authority for years. SB 170 may raise some questions as it's implemented, but the bill is significant because it symbolizes this state's decision to expand local authority for broadband investment, rather than limit the power of local communities.

Read the final version of SB 170 here.

A Better Measurement

As we reported more than a year ago, SB 170 sought to make changes in existing law by allowing local communities to bond for Internet infrastructure. The bill sat in committee until last November, when it was amended and picked up again. The final version of SB 170 allows communities to bond for projects that will connect premises that don’t have access to broadband as defined by the FCC — 25 Mbps download and 3 Mbps upload.

Should the definition of broadband at the FCC increase to faster speeds, so will the definition as it applies in New Hampshire. This is a welcome approach as big ISPs around the country have in recent years tried to convince state legislators to reduce the speed definition of broadband in state legislation. Many is the time well-meaning or well-funded state lawmakers decided to use the incumbent-dictated 10 Mbps / 1 Mbps or even 4 Mbps / 1 Mbps in order to appease the likes of AT&T or CenturyLink. Some states, such as New Hampshire, are realizing that such slow thresholds translate into very little investment into the type of Internet access residents and businesses need. Other states can learn from New Hampshire...

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Posted May 29, 2018 by lgonzalez

Local communities considering investment to improve connectivity for businesses and residents have many factors to consider, including state laws. The best laid plans for broadband can be torpedoed if state legislators are influenced enough by incumbent lobbyists to pass laws that complicate local authority or funding. This week, we hear about Wyoming from Cheyenne Mayor Marian Orr.

Mayor Orr describes how incumbents in her community claim that access to broadband is plentiful, but business leaders and residents describe a different reality. In order to seek out possible solutions, the city has now created a broadband task force to analyze the problem.

Earlier this year, Mayor Orr expressed excitement about SF 100, a state bill that was written to provide funding for local communities interested in exploring better solutions for local connectivity. While the bill was in committee, however, lobbyists from incumbents CenturyLink and Spectrum found a way to derail the parts of the bill that would help places like Cheyenne make their own decisions. Now, the bill requires that funding be used only for public-private partnerships and focus only on the areas with the worst connectivity.

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

Read the transcript for this show here....

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Posted May 9, 2018 by lgonzalez

Approximately 20 U.S. states have some form of legal restriction that creates barriers when local communities want to develop publicly owned Internet infrastructure. In North Carolina, where the state experiences a severe rural/urban digital divide, people are fed up with poor service from influential telephone and cable companies. Folks like Ned Barnett, Opinion Editor from the News & Observer, are calling on elected officials to remove the state’s restriction so local governments can do all they can for better connectivity.

Things Must Change

Barnett’s recent editorial begins out of frustration as he describes how unreliable Internet access forced him to take pen to paper. His own connection prevented him from tending to emails, doing online research, and his phone service also suffered due to momentary loss of connectivity at his office. He goes on to consider how the annoying but temporary inconvenience to him is a way of life for many in rural areas of his state.

While North Carolina has many of the same challenges as other states in getting rural folks online — lack of interest from national ISPs, challenging geography that complicates deployment — Barnett correctly zeroes in on the state’s restrictive HB 129. The law prevents communities with existing broadband infrastructure from expanding to neighboring communities and puts requirements in place that are so onerous, they make it all but impossible for communities considering similar investments to move forward.

Barnett rightly points out that the true purpose of the law was to protect national ISPs from competition, securing their position as monopolies and duopolies. He describes the problems with the state's approach and what North Carolinians have faced in the aftermath:

For one, Internet access isn't a consumer product. It's as basic as access to a phone, electricity or indoor plumbing. Secondly, there isn't any real competition involved. Rural areas often are limited to one provider offering slow access.

The Problem is Real

People familiar with the situation in North Carolina typically know the story of Wilson and Pinetops. When the FCC preempted HB 129 in 2015, Wilson expanded its municipal fiber optic...

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Posted April 24, 2018 by lgonzalez

We’re a little off kilter these days when it comes to state legislation. Typically, we spend our efforts helping local communities stave off bills to steal, limit, or hamstring local telecommunications authority. This year it’s different so Christopher and Lisa sat down to have a brief chat about some of the notable state actions that have been taken up at state Capitols.

We decided to cover a few proposals that we feel degrade the progress some states have made, bills that include positive and negative provisions, and legislation that we think will do nothing but good. Our analysis covers the map from the states in New England to states in the Northwest. 

In addition to small changes that we think will have big impact - like the definition of “broadband” - we discuss the way tones are shifting. In a few places, like Colorado, state leaders are fed up with inaction or obstruction from the big ISPs that use the law to solidify their monopoly power rather than bring high-quality connectivity to citizens. Other states, like New Hampshire and Washington, recognize that local communities have the ability to improve their situation and are taking measured steps to reduce barriers to broadband deployment.

While they still maintain significant power in many places, national corporate ISPs may slowly be losing their grip over state legislators. We talk about that, too.

For more on these and other bills, check out our recent stories on state and federal legislation.

This show is 24 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed.

Read the transcript for this show here.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes ...

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