Tag: "state laws"

State Bills To Block Munis Start In MO, VA

Posted January 12, 2017 by Lisa Gonzalez

With each new legislative session come the new bills from the incumbents aiming to limit competition. We typically expect at least one and begin looking for them early in January as legislatures begin assembling in state capitols; this year the anti-muni efforts begin in Virginia and Missouri.

"Show-Me" Your Bill

Missouri’s communities have been the object of legislative persecution from big national incumbents and the legislators they back for several years. When we learned that another effort to severely limit the ability for municipalities to bring better connectivity to the community was afoot, we weren’t surprised.

This year, the bill is from Republican Senator Ed Emery, who has recently moved from the House to the Senate. Surprisingly, Emery’s bio reports that he also worked with his father and grandfather in their feed and grain business. As some one with a connection to farmers, one would expect him to understand the importance of high-speed connectivity in today’s agriculture industry. Emery also has a significant history in the utilities industry. He’s received both the Legislator of the Year Award from the Missouri Cable Telecommunications Association and the Leadership Award from the Missouri Telecommunications Industry Association.

SB 186 starts out strong by prohibiting local government from offering “competitive service,” which includes both retail or wholesale models. By preventing wholesale models, the bill interferes with a municipality’s ability to work with private sector partners, a major complaint about the bill introduced last year.

The bill states that voters can only choose to allow a municipality to offer any services after the community has engaged in a very thorough feasibility study and the results have been publicized. As with last year’s bill, SB 186 sets up onerous hurdles that threaten to sabotage a network in the early days, discouraging local communities from pursuing a chance to serve residents, businesses, and municipal facilities. The bill also dictates ballot language, establishes geographical limits on any local network, and clearly established that no funds from other municipal services can be directed toward a municipal network. Much of SB 186’s language comes from last year’s bill.

The...

Chairman Tom Wheeler To Depart Jan. 20, 2017

Posted December 16, 2016 by Lisa Gonzalez

Chairman Tom Wheeler will be stepping down as FCC Chairman as of January 20, 2017; the day President Obama leaves office. The decision is not surprising, as FCC chairmen typically leave their position when a new administration takes the helm, but Wheeler had not yet made it official. His departure emphasizes the apprehensive uncertainty that has troubled advocates of municipal networks, local telecommunications authority, and network neutrality, as well as a long list of other public policy concerns that affect our future through technology.

In a statement released on December 15, Chairman Wheeler wrote:

“Serving as FCC Chairman during this period of historic technological change has been the greatest honor of my professional life. I am deeply grateful to the President for giving me this opportunity. I am especially thankful to the talented Commission staff for their service and sacrifice during my tenure. Their achievements have contributed to a thriving communications sector, where robust investment and world-leading innovation continue to drive our economy and meaningful improvements in the lives of the American people. It has been a privilege to work with my fellow Commissioners to help protect consumers, strengthen public safety and cybersecurity, and ensure fast, fair and open networks for all Americans.”

He Proved Himself

When Tom Wheeler was appointed as 31st Chairman of the FCC in November 2013, we had our concerns. He was following Julius Genachowski, one of the worst FCC Chairs in modern history, who had been appointed in Obama's first term. He had run both cable and wireless industry trade groups, but was strongly defended by Susan Crawford and Gigi Sohn when public interest groups opposed him. He strongly surpassed our hopes for what the FCC could achieve.

Historically, the FCC has been a "captured" regulator, largely operating in favor of the largest telecommunications firms in a revolving door fashion. But Chairman Wheeler and Commissioners Clyburn and Rosenworcel listened to grassroots groups as well as industry, making important decisions to encourage more investment and choices in high quality Internet access. They also made historic decisions on prison phone rates and crafted new rules to make sure everyone could use the Internet, regardless of how able-bodied...

Transcript: Community Broadband Bits Episode 232

Posted December 14, 2016 by

This is the transcript for episode 232 of the Community Broadband Bits podcast. In this episode, General Manager Josh Byrnes of Osage Municipal Utilities joins the show to share how fiber connectivity has benefited the Iowa community. Listen to this episode here.

Josh Byrnes: Everything is live about it, you can lock in your commodity prices, all your inputs and all those things can be done. We've got to have connectivity, in rural Iowa.

Lisa Gonzalez: Welcome to episode 232 of the Community Broadband Bits podcast from the Institute For Local Self-Reliance. I'm Lisa Gonzalez. In Osage, Iowa, the community's electric utility has served the town and some of the rural areas around it for about 125 years. Osage Municipal Utilities also offers natural gas services and invested in its own communication system in the early 2000s. They offer telephone, cable TV and Internet connectivity via their cable network. Clearly Osage is one of those rural communities that think about the future. In this interview Christopher speaks with Josh Byrnes, the general manager of Osage municipal utilities, who discusses their long term plans to bring Fiber-to-the-Home to the community. Josh who is also a former state representative spends some time discussing Iowa's approach to rural connectivity and its investment in the Iowa communications network. Now here's Chris talking with Josh Byrnes, general manager of the Osage municipal utilities and a former member of the Iowa House of Representatives.

Chris Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell and today I'm speaking with Josh Byrnes, the general manager of Osage Municipal Utilities in Iowa. Welcome to the show.

Josh Byrnes: Thanks for having me Chris.

Chris Mitchell: I'm excited to talk to you, as I was saying in our pre-interview I actually have this memory and I'm excited to be reminded of the story that you'll be telling us in a few minutes about these cattle prices and an app, around how it's important to have Internet access out on farms near your community. Let's start with a little bit of background for people who aren't familiar with Osage. Where are you in Iowa? What's the community like?

Josh Byrnes:...

Osage and the Iowa Legislature - Community Broadband Bits Podcast 232

Posted December 13, 2016 by Christopher Mitchell

Located in northwest Iowa, Osage has been an innovative utility leader with forward-looking investments in both telecommunications and clean energy with wind and solar. Osage Municipal Utilites General Manager Josh Byrnes joins us for Community Broadband Bits podcast 232. He is also in the midst of retiring after 3 terms in the Iowa Legislature.

Osage built a hybrid fiber coaxial cable network many years ago that they are considering upgrading to being fully fiber-optic following a lot of community support for next-generation connectivity and most importantly, greater reliability.

Josh and I also talk generally about the importance of connectivity in rural areas and how the state of Iowa has dealt with the need to improve access. We both agree that Iowa's approach thus far leaves much to be desired and we discuss the challenges that legislatures face in making these decisions.

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 32 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.

Media Outlets Cover 2016 Colorado Broadband Ballot Initiatives

Posted December 1, 2016 by Nick Stumo-Langer

On November 8th, 2016, 26 Colorado cities and counties joined 69 of their fellow communities in opting out of the restrictive, anti-municipal broadband state law, SB 152. For years, we at ILSR have been covering the developments in Colorado as voters reclaim local telecommunications authority.

The media, both locally and nationally, took notice of our efforts.

Here's a roundup of stories in which national, state, and local outlets cited our work and provided information to ensure this vital issue gained coverage. Read more in our story covering the votes and in our podcast about the election.

MEDIA COVERAGE - "26 Colorado Communities Opt out of Restrictive State Broadband Law"

Pre-Election Coverage:

26 Colorado Communities Will Vote on Building Their Own Internet Networks by Jason Koebler, Motherboard Vice - November 2nd, 2016

Colorado is the only state in the country that has a ballot measure requirement for locally run networks; 22 other states have different laws that restrict local broadband efforts. With so many cities overwhelmingly voting in favor of local government-run broadband, Mitchell says that Colorado’s law hasn’t quite had the effect CenturyLink would have liked.

“If this is the worst barrier we had to deal with, I don’t think anyone would be complaining,” he said. “It’s not as bad as Nebraska or North Carolina, where cities basically can’t do anything under the circumstances of their laws.”

How Election Day Can Shape States’ Community Broadband Laws by Craig...

Christopher Talks CO Vote On Daily Tech News Show

Posted November 30, 2016 by Lisa Gonzalez

On November 8th, 2016, local voters in 26 Colorado communities chose to reclaim telecommunications authority. They voted to opt out of the state’s 2005 SB 152, the law lobbied heavily by national cable and DSL companies that prevents local governments from providing advanced services and telecommunications services to the general public. There are now 95 local communities that have opted out of SB 152.

To understand the situation in Colorado and to get a better understanding of the benefits and challenges of municipal networks, Tom Merritt and Justin Robert Young from the Daily Tech News Show (DTNS) spoke with Christopher.

The online news show streamed live on November 10th, 2016, but it is now available for you to watch. The guys get into the law, how it limits local Colorado communities, and why these local governments are asking voters to opt out. The show runs for 38:23.

Rural Tennessee Economy: Digital Divide, Connectivity Chasm

Posted November 21, 2016 by Hannah Trostle

Rural folks without fast, affordable, reliable Internet access face challenges with common tasks such as doing homework, completing college courses, or running a small business. Although Tennessee has an entrepreneurial spirit, a large swath of the state's rural residents and businesses don't have the connectivity they need to participate in the digital economy. A September article in the Tennessean looks deeper at the state's digital divide between urban and rural areas.

National Internet Service Providers (ISPs) have failed to make good on promises made over recent decades to bring high-quality Internet access to the entire country, both urban and rural. Several telephone cooperatives and the U.S. Department of Agriculture (USDA) are already actively investing in better Internet access to improve rural Tennessee’s economy.

The Tennessean Perspective

The newspaper the Tennessean laid out much of the connectivity problem in the "Volunteer State." Tennessee may have excellent Internet access statewide, but the urban and rural divide remains. According to a Tennessee Department of Economic & Community Development's report, only 2 percent of all urban residents do not have access to broadband. The FCC defines it as 25 Megabits per second (Mbps) download speed and 3 Mbps upload speed. That number climbs in rural areas, where one out of three residents does not have broadband access.

Speed Is Not The Only Problem

Some folks simply have no Internet connection. For example, Deborah Bahr drove 30 minutes for Wi-Fi at Bojangles (Chicken and Biscuit) or visited a friend’s house a few miles away. Bahr used to run a coffee shop, leaving the Wi-Fi on continuously so local community college students could work on homework overnight in the parking lot. Bahr’s town borders Cocke County, an economically distressed area where almost 30 percent of residents are below the poverty level.

A state law that prevents cities from expanding telecommunications services to neighboring rural areas hampers local communities’ efforts to bridge the rural-urban divide. The Tennessean article noted that the city of Clarksville has...

Short Policy Report on Munis and Education From ECS

Posted November 17, 2016 by Hannah Trostle

Digital learning initiatives for K-12 grades and online coursework for college programs both require high-speed connectivity in school and at home. Policymakers cannot overlook this issue when discussing municipal networks.

The Education Commission of the States addressed connectivity in the classroom and at home in a short policy report, entitled Inhibiting Connection: State policy impacting expansion of municipal broadband networks in September 2016.

Inside the Report

Co-authors Lauren Sisneros and Brian Sponsler provide an overview of how municipal network issues intersect with state education goals. The paper covers the major arguments for and against municipal networks as well as current state laws restricting those networks:

"As state education policymakers explore options to support postsecondary access and success, they may be well served to consider their states’ policy addressing municipal broadband networks."

They also highlight our Community Networks Initiative as a resource for policymakers to access fact sheets, case studies, and videos.

Read the entire policy report on the Education Commission of the States' website.

For more information on connectivity in schools in general, check out our Institutional Networks page.

Estes Park, CO, Moving Ahead One Year After Opt Out Vote

Posted November 14, 2016 by Lisa Gonzalez

Estes Park, Colorado, recently moved into the design engineering phase as it considers how to bring high-quality connectivity to businesses and residents.

One Step At A Time

With a $1.37 million grant from the Energy Mineral Impact Assistance Fund, the Colorado Department of Local Affairs (DOLA) is providing the funding to proceed with the engineering phase. Larimer Emergency Telephone Authority (LETA) is providing additional grant funding to extend the project further to include a wider geographic area for 911 and public safety purposes.

This phase of the project should be complete by next summer and will result in a shovel-ready plan. At that time, the Town Board will consider the information and decide how to proceed. The goal is to develop a network to make Gigabit per second (1,000 Mbps) capacity available to the Estes Park Light and Power service area.

So Far, So Good

Last fall, 92 percent of those voting on the issue chose to opt out of SB 152, the restrictive state law that prevents Colorado local governments from offering telecommunications services or advanced services or partnering with private partners to do so. Since then, they have hired a consultant to draft a feasibility study and examine model business options.

The community’s municipal electric utility already has fiber in place, and has the personnel, knowledge, and significant assets to ease the operation and management of a Fiber-to-the-Home (FTTH) network utility. The consulting firm estimated that, if the city chooses to deliver services themselves, they should focus on Internet access rather than adding video and voice to the list of services. Estimates for the project are approximately $27 - $30 million.

For video of the community's Project Stakeholder Kickoff Presentations, check out their Broadband Initiative page.

NC Rural Electric Cooperatives Teach Model Collaboration

Posted November 12, 2016 by Hannah Trostle

Throughout the October Broadband Communities Magazine conference, folks kept repeating this sentiment: some partnerships are smooth and others have rough patches. At the conference, we heard from several electric cooperatives who had partnered with other cooperatives to provide next-generation connectivity to their communities.

We specifically want to highlight the work of two North Carolina electric cooperatives: Lumbee River EMC and Blue Ridge Mountain EMC. They were both included in our report North Carolina Connectivity: The Good, The Bad, and The Ugly. Each co-op took the bold step of building a Fiber-to-the-Home (FTTH) network throughout sparsely populated regions. At the conference, we were able to learn first-hand about their experiences.

Despite the Distance: Lumbee River EMC & HTC

HTC Chief Executive of Marketing Brent Groome described how the two cooperatives collaborated despite being nearly an hour away from each other. Their work together has involved a commitment to similar values and dedication to improving rural communities. (Lumbee River EMC’s representative was unable to attend the conference as much of the service territory had suffered flooding from the recent hurricane.)

Lumbee River EMC’s entry into Internet service brought fiber connectivity to southeastern North Carolina. The co-op provides electricity to more than 50,000 members. In 2010, the USDA provided Lumbee River EMC with nearly $20 million in funding to install fiber. A state law, however, imposes certain restrictions on electric co-ops and USDA funding. The electric co-op had to find another company with the drive and expertise to provide Internet service.

HTC, also known as Horry Telephone Cooperative, may be far from Lumbee River EMC’s boundaries, but shares the same commitment to community. The electric co-op reached out to HTC in 2013 while completing construction of the FTTH network. Lumbee River EMC had reached out to three other telephone companies, but eventually landed on HTC. After working out an Indefeasible Right of Use (IRU), HTC set to work and signed up the first customer in 2014. Although at times the...

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