Tag: "state laws"

Posted October 18, 2016 by Anonymous

This is episode 224 of the Community Broadband Bits Podcast. ILSR research associate and MuniNetworks.org writer, H.R. Trostle, joins the show to discuss the recent report on North Carolina's connectivity and the importance of cooperatives. Listen to this episode here.

 

H.R. Trostle: The telephone cooperative are very used to serving these very sparsely populated rural areas in North Carolina. That's what they were designed to do. That's why they were made.

Lisa Gonzalez: This is episode 224 of the Community Broadband Bits Podcast from the Institute for Local Self-Reliance, I'm Lisa Gonzalez. Recently, we released a report focusing on the availability of high-quality Internet access in North Carolina. H.R. Trostle, a research associate at the Institute and one of our authors on MuniNetworks.org, analyzed data from several different sources and she's talking to Chris this week to discuss her conclusions. She and Chris, who co-authored the report with her, discovered that municipal networks and cooperatives have an important role to play in North Carolina. Take a few minutes to check out the report and check out the detailed maps that show the results of their analysis. The report is titled North Carolina Connectivity: The Good, The Bad, and The Ugly. It's available at ILSR.org and MuniNetworks.org. Now here are Chris and H.R. Trostle, from the Institute for Local Self-Reliance, discussing in detail their recent report and their findings on Internet access in North Carolina.

Christopher Mitchell: Welcome to another edition of the Community Broad Bits Podcast. Coming to you live today from the Institute for Local Self-Reliance offices in Minneapolis, with H.R. Trostle, the co-author of our new report on North Carolina. Welcome to the show.

H.R. Trostle: Thanks Chris, it's great to be here.

Christopher Mitchell: Hannah.

H.R. Trostle: Hi.

Christopher Mitchell: I thought we would start with a broad overview of what did the report cover.

H.R. Trostle: The report covered everything from electric...

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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...

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Posted September 23, 2016 by lgonzalez

In a September 22nd press release, the community of Pinetops, North Carolina, called out their Governor as they lose access to high-quality Internet access. Read the full statement here:

A state law is forcing the termination of Gigabit Internet service to the small rural town of Pinetops, NC. Last week, members of the Wilson, NC City Council expressed their deep regrets as they voted to approve the city attorney’s recommendation to disconnect Wilson Greenlight services in Pinetops under the North Carolina law commonly known as H129 (S.L. 2011-84).

Wilson was able to bring fiber-to-the-home Gigabit service to our town in April 2016, after the FCC preempted H129 on the grounds that it is anti-competitive and creates barriers to the deployment of advanced telecommunications capacity. Under Governor Pat McCrory, North Carolina challenged that ruling in May, 2015 in the United States Court of Appeals for the Sixth Circuit and won a reversal last August.

Members of the Pinetops community are particularly distressed because the Gigabit service Wilson was delivering enabled Pinetops to compete with urban areas of North Carolina that get such Gigabit services from Google Fiber, AT&T, and Frontier. In Pinetops, in contrast, other sources of Internet service don’t meet the federal definition of broadband and are insufficient to support small business, home-based telework needs, and homework for students. The Gigabit network enabled the Town to begin developing new economic development plans to attract knowledge workers from nearby Greenville and Rocky Mount. That strategy is now impossible in light of the imminent disconnection of Gigabit services.

Town Commissioner Suzanne Coker-Craig operates a small screen printing business that depends on Wilson Greenlight’s hyper-fast upload speeds.  Commissioner Coker-Craig, with her colleagues in Pinetops government, passed a resolution in early September detailing the devastating economic impact this disconnection will have on their rural community. “H129 is now...

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Posted September 21, 2016 by lgonzalez

As part of our coverage on the events in Pinetops, North Carolina, we recently published "Rural Pinetops Disconnected from Internet Thanks to Telecom Monopolies" on PRX. The audio story runs for 3:28.

Readers are familiar with the small rural community that could only get high-quality Internet access from Greenlight, a nearby municipal electric utility. Wilson, the home of Greenlight, was forced to cut off service to Pinetops due to restrictive state laws. We talk a local business owner and community leader, to Suzanne Coker Craig, about the situation. 

Get more details at PRX...

Expect more audio coverage of current events that impact residents, businesses, and local governments as they strive to obtain better connectivity. We encourage you to share this and upcoming stories to help spread the word about the benefits of publicly owned networks and the right for local communities to determine their own broadband destiny.

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...

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Posted September 8, 2016 by lgonzalez

Last week, Christopher was a guest on the Unanimous Dissent Radio Show. Sam Sacks and Sam Knight asked him to share information about the details on state barriers around the country.

The guys get into the nitty gritty on state level lobbying and anti-muni legislation. They also discuss how a growing number of communities are interested in the local accountability, better services, and improved quality of life that follows publicly owned Internet infrastructure.

The show is now posted on SoundCloud and available for review. Christopher’s interview starts around 17:00 and runs for about 15 minutes. Check it out:

 

Posted August 10, 2016 by lgonzalez

The 6th Circuit Court of Appeals decided to dismiss the FCC's decision to encourage Internet investment in Tennessee and North Carolina

Minneapolis, MN - The 6th Circuit Court of Appeals decided today to dismiss the FCC's February 2015 decision to encourage Internet investment in Tennessee and North Carolina. Tennessee and North Carolina had both restricted local authority to build competitive networks.

"We're disappointed that the FCC's efforts to ensure local Internet choice have been struck down," says Christopher Mitchell with the Institute for Local Self-Reliance. "We thank the FCC for working so hard to fight for local authority and we hope that states themselves will recognize the folly of defending big cable and telephone monopolies and remove these barriers to local investment. Communities desperately need these connections and must be able to decide for themselves how to ensure residents and businesses have high quality Internet access."

ILSR and Next Century Cities filed an Amicus brief in support of the FCC's position. View the Court's Opinion here.

Contact:

Rebecca Toews

rtoews@ILSR.org

612-808-0689

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...

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Posted July 25, 2016 by lgonzalez

The results of a statewide Tennessee survey on residential and business connectivity are in and they ain't pretty. Thirteen percent of the state - more than 834,000 people - don’t have access to 25 Megabits per second (Mbps) download and 3 Mbps upload, which is the FCC's definition of broadband. Authors of the study make a number of recommendations, the first of which is removing state barriers that stifle Internet infrastructure investment.

"...A More Open Regulatory Environment"

The study, commissioned by the state’s Department of Economic and Community Development (TNECD) earlier this year, includes feedback from more than 23,000 households and businesses. 

From page 13 of the report:

The State of Tennessee could consider lifting administrative burdens and restrictions to broadband infrastructure investment to fostering a more open regulatory environment. 

In the report, the authors provide detailed reasoning for why the state should embrace an open regulatory environment to encourage competition. They note that state barriers impact electric cooperatives, municipalities that operate electric utilities and cannot expand beyond their own service areas, and municipalities that do not operate electric utilities but can only build telecommunications infrastructure in unserved areas with a private partner.

The FCC came to the same conclusion in February 2015 and rolled back Tennessee state laws in order to encourage competition. Tennessee is leading the charge against the FCC's decision with North Carolina (even though NC's Attorney General criticized the law). The parties have filed briefs, attorneys have presented oral arguments, and now the Sixth Circuit Court of Appeals is considering the case.

The report goes on to recommend other policies, including dig-once, smart conduit rules, and one-...

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Posted July 18, 2016 by lgonzalez

In Connecticut, local municipalities want to take advantage of the state’s unique “Municipal Gain Space” but invoking the law has not been hassle-free. As towns try to place fiber-optic cables on this reserved section of utility poles, questions arise that need answering. 

Giving Towns Some Room On The Poles

The Connecticut statute grants state departments and municipalities the right to use space on all of the approximately 900,000 utility poles sitting in the municipal Rights-of-Way (ROW), regardless of ownership. One of the state's electric providers and either Verizon or Frontier jointly own most of the poles.

The law was created in the early 1900s for telegraph wiring and as new technologies and wire types evolved, a number of law suits ensued. Cities and state entities usually won, preserving the space, but the process of getting attachment agreements approved became more burdensome and expensive. In 2013, the state legislature amended the law so municipalities could access to the space “for any use.” The change opened the door for hanging fiber for municipal networks and partnering with private providers.

A Little Help Here...

In theory, it seems simple but in practice, pole administrators - Electric Distribution Companies (EDCs) and telephone companies - and government entities need guidance. As communities across the state band together to improve local connectivity and try to use the law, they have uncovered its flaws. It has potential, but the Municipal Gain Space law needs sharpening to be an effective tool. Its application rules are not sufficiently defined and a number of technical issues are not addressed. 

The state’s Public Utility Regulatory Agency (PURA) has the authority and responsibility to establish rules to settle the problems with the law. Deploying a municipal network is no small task; the Office of Consumer Counsel (OCC) and the State Broadband Office (SBO) hope to simplify the process for local communities. They have petitioned PURA to clarify the Municipal Gain Space rules. In their formal petition,...

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