Tag: "state laws"

Posted January 12, 2016 by rebecca

The Knoxville News Sentinel published this op-ed about Tennessee's restrictive broadband law on January 9, 2016.

Christopher Mitchell: Next-Generation Networks Needed

Four words in Tennessee law are denying an important element of Tennessee's proud heritage and restricting choices for Internet access across the state.

When private firms would not electrify Tennessee, public power came to the rescue. In the same spirit, some local governments have built their own next-generation Internet access networks because companies like AT&T refused to invest in modern technology. These municipal networks have created competition, dramatic consumer savings and a better business climate in each of their communities.

The four words at issue prevent municipal electric utilities from expanding their successful fiber optic Internet networks to their neighbors, a rejection of the public investment that built the modern economy Tennessee relies upon.

Current law allows a municipal utility to offer telephone service anywhere in the state, but Internet access is available only "within its service area." This limit on local authority protects big firms like AT&T and Comcast from needed competition, and they have long lobbied to protect their de facto monopolies. To thrive, Tennessee should encourage both public and private investment in needed infrastructure.

These municipal systems have already shown they can bring the highest-quality Internet services to their communities. Chattanooga's utility agency, EPB, built one of the best Internet networks in the nation. Municipal fiber networks in Tullahoma, Morristown and more have delivered benefits far in excess of their costs while giving residents and local businesses a real choice in providers.

Many of these networks are willing to connect their neighbors — people and businesses living just outside the electric utility boundary. If Chattanooga wants to expand its incredible EPB Fiber into Bradley County with the consent of all parties, why should the state get in the way?

Consider that Tennessee metro areas almost always have at least one high-speed Internet option. Those with municipal networks have a real choice in providers. Nashville is slated for Google Fiber. But there is...

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Posted January 7, 2016 by ternste

Sandi Wallis, a resident of northern Bradley County in Tennessee, doesn’t simply want to have ultra-fast, reliable broadband access for the fun of it. She needs it to run her home business. Her school-age children need it too:

“I've had to send my kids into town to do their homework. We’ve had to go into town with our business laptops to download updates to our programs for our accounting business because we can’t do it at home. We need service — not just reliable service and not just for entertainment.”

Wallis made the comments at a recent meeting hosted by the Bradley County Chamber of Commerce in Tennessee. The meeting focused on a persistent problem in many parts of Bradley County - residents and businesses lack the fast, affordable, reliable, broadband access that is available via Chattanooga’s EPB fiber network in neighboring Hamilton County. The deficiency is taking its toll.

Cleveland, a city of about 43,000 in Bradley County, has explored the idea of building their own community broadband network. But business leaders, government officials, and residents across Bradley County and the State of Tennessee are all anxiously awaiting the results of the ongoing legal struggle over the state’s anti-muni law. In addition, a bill set for consideration at the next state legislative session would, if passed, allow municipalities like Chattanooga to expand their existing fiber broadband services to adjacent communities in Bradley County. 

Don’t Mind the Gaps

Alan Hill, a representative from AT&T, suggested that rather than focusing on the broadband service gaps in the state, Bradley County should acknowledge AT&T’s positive contributions in the area:

“Instead of talking about the gaps, we need to celebrate what all has happened here...

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Posted January 6, 2016 by Scott

A new state law is on the books in Vermont that supporters expect will encourage more investor activity supporting community broadband networks. 

The new law, which took effect this past June, allows for the creation of “communications union districts,” enabling towns and cities to band together to form geographic entities dedicated to establishing fiber-optic broadband networks for their area’s residents and businesses. 

A New Nomenclature

While Vermont towns have been able to work cooperatively via inter-local contracts, the new law is less cumbersome and uses a governmental nomenclature more familiar to most people—the union district. The union district governance model has been used for many years throughout Vermont, including by various utilities that have multi-town operations to handle, for example, sewer and water service.  

Carole Monroe; general manager of the East Central Vermont Community Fiber-Optic Network (ECFiber), a consortium of 24 Vermont communities that have banded together to provide broadband service; told our Christopher Mitchell there isn’t much practical difference for her group operating now as the East Central Vermont Telecommunications District instead of by an inter-local contract.  

“But I can say that in the municipal investment markets, they’re much more familiar with the municipal utility district, whether it’s a water district or sewer district or something along those lines,” Monroe told Chris in a recent edition of Community Broadband Bits podcast. “A municipal utility district is a common language for them. Inter-local contracts, not so much.” 

ECFiber Grew From Inter-Local Contract 

Irvin Thomae, chairman of the EC Vermont Telecommunications District board, agreed. He noted that seven years ago the east central Vermont communities created ECFiber through an inter-local contract. “But this (the inter-local contract) was unfamiliar to investors beyond our state borders,” Thomae told us.

“We needed a structure more capable of being recognized by large institutional investors. It (the communications union district) makes it easier for community broadband networks to appeal more for large investors.”

Jerry Ward, an ECFiber delegate from Randolph Center, earlier in 2015...

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Posted December 19, 2015 by rebecca

The Pioneer Press published this op-ed about Minnesota high speed Internet access and availability on December 3, 2015. 

Christopher Mitchell: Competition and community savings

Minnesota has just one more month to achieve its goal of high speed Internet access available to every resident and local business. In 2010, the Legislature set a 2015 goal for universal Internet access at speeds just under the current federal broadband definition. But the state never really committed to anything more than a token effort and will fall far short.

Even for those of us living in metro areas that have comparatively high speed access, we don't have a real choice in providers and most of us lack access to next-generation gigabit speeds.

The big cable and telephone companies excel at restricting competition by manipulating markets, state and federal government policy, and other means. This is why so many local governments across the nation are themselves expanding Internet infrastructure: to ensure local businesses and residents can access affordable next-generation services and create a real choice. We should be encouraging these local approaches.

The Institute for Local Self-Reliance is tracking more than 450 communities where local governments are expanding choices with direct investments in networks. Just this month, some 50 communities in Colorado and two in Iowa voted to move forward with plans for their own networks or partnerships.

Here in Minnesota, we have seen a variety of successful approaches. Eagan's modest network attracted a data center.

Dakota County has saved itself millions of dollars by placing conduit for fiber in the ground at very low cost as part of other projects. Now it can use that to help local companies to compete with the big cable and telephone companies.

Scott County's fiber network has helped create more than 1,000 jobs and tremendously improved access in area schools. In Sibley County and part of Renville, cities and townships joined together to help launch a new cooperative, RS Fiber, which shows tremendous promise. Cooperatives, which are effectively community-owned as well, offer some of the best connectivity in rural regions of the state.

Some municipal networks have been...

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Posted December 15, 2015 by rebecca

The Salt Lake Tribune published this op-ed championing local investment in Internet infrastructure on December 11, 2015.

 

Op-ed: Spanish Fork’s success shows municipal Internet networks work

By Christopher Mitchell

For nearly 10 years, large telephone and cable companies have claimed municipal Internet networks are so risky that local government authority should be restricted. But after 15 years of experience, we can only conclude that the cure is worse than the disease.

Utah has three municipal networks, where local governments invested in Internet infrastructure to provide choices in a monopolistic environment. But only two of those networks are regularly discussed and used as examples of why local governments shouldn't be in this business: iProvo and UTOPIA, which were not able to meet their financial targets.

The network missing from the conversation is Spanish Fork Community Network, which has just finished paying off its debt and has generated millions of dollars in surplus revenue for the community. The network is now upgrading from community cable to community gigabit fiber optics.

Of the over 450 municipal networks tracked by the Institute for Local Self-Reliance, Spanish Fork's experience is above average. The vast majority of municipal networks deliver benefits well in excess of costs and do not require subsidies to operate.

It may come as a surprise, but iProvo and Spanish Fork are nearly twins, separated at birth and raised in dramatically different environments. Both were conceived at the same time — the same consultant did the feasibility study for each. But Spanish Fork, being smaller and more nimble, was able to move forward before Utah's Legislature weighed in to restrict local decision-making.

Comcast and the predecessor to CenturyLink crafted the legislation, which was revealed in a brilliant 2011 BusinessWeek article aptly entitled "Pssst … Wanna Buy a Law?" by Brendan Greeley and Alison Fitzgerald.

Since then, any new Utah municipal network has been subject to numerous requirements unlike anything private providers face, including a de facto requirement to use a wholesale-only arrangement.

Provo wanted to use the same business model as Spanish Fork, which we now know was tremendously successful. Whereas Spanish Fork could directly...

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Posted December 8, 2015 by christopher

Eleven months ago, we noted the incredible energy in the Maine Legislature around improving Internet access. Maine State Representative Norm Higgins joins us this week for Community Broadband Bits Podcast episode 180.

Rep. Norm Higgins, a newcomer to the Legislature, pushed hard for legislation to encourage municipal open access networks as well as removing barriers to increased investment including a tax on the Three-Ring Binder project. He was part of a large majority that moved some key bills forward despite fierce opposition from Time Warner Cable and others.

We talk with Rep. Higgins about the various bills, including LD 1185, which would have created planning grants for community owned open access networks but passed without any funding.

Read the transcript from this episode here.

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

This show is 18 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 can download this Mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Arne Huseby for the music, licensed using Creative Commons. The song is "Warm Duck Shuffle."

Posted December 2, 2015 by lgonzalez

In a new video, Tennessee Fiber Optic Communities profiles what it is like for a family living in Bradley County, just outside of the reach of Chattanooga's EPB Fiber Optic network. Debbie Williams describes how she and her family struggle with a long list of issues most of us associate with the bygone era of dial-up Internet. 

Watch this video and you will realize how families just outside of statutory limitations of EPB Fiber are living a different life than families served by the network. No one should have to deal with these kinds of problems. As Debbie puts it, "It's just wrong."



DebbieWilliams from TN For Fiber on Vimeo.

Posted December 1, 2015 by christopher

Local governments in New Hampshire are quite limited in how they can use public financing to invest in fiber optic networks, but Hanover is exploring an approach to create voluntary special assessment districts that would finance open access fiber optic networks. Town Manager Julia Griffin joins us for Community Broadband Bits Episode 179 to explain their plans. Though New Hampshire does not have any explicit barriers against municipal networks, the state has not authorized local governments to bond for them, which has certainly limited local authority to ensure high quality Internet access. But Hanover is one of several communities around the country that is exploring special assessment districts (sometimes called local improvement districts) that would allow residents and local businesses to opt into an assessment that would finance construction and allow them to pay it off over many years. This approach is well suited to Hanover, which has access to the Fast Roads open access network. Read the transcript from this episode here. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. This show is 18 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 can download this Mp3 file directly from here. Listen to other episodes here or view all episodes in our index. Thanks to Arne Huseby for the music, licensed using Creative Commons. The song is "Warm Duck Shuffle."

Posted November 24, 2015 by christopher

A few weeks back, Colorado voters overwhelmingly chose local authority and community networks over the status quo Internet connections. Approximately 50 local governments had referenda to reclaim authority lost under the anti-competition state law originally called SB 152 that CenturyLink's predecessor Qwest pushed into law in 2005.

This week, Virgil Turner and Audrey Danner join us to discuss what is happening in Colorado. Virgil is the Director of Innovation and Citizen Engagement in Montrose and last joined us for episode 95. Audrey Danner is the Executive Director of Craig Moffat Economic Development and co-chair of the Mountain Connect Broadband Development Conference. We previously discussed Mountain Connect in episode 105 and episode 137.

In our discussion, we cover a little bit of history around SB 152 and what happened with all the votes this past election day. We talk about some specific local plans of a few of the communities and why Colorado seems to have so many communities that are developing their own plans to improve Internet access for residents, anchor institutions, and local businesses.

Over the course of this show, we also talked about Rio Blanco's approach, which we discussed previously in episode 158. We also discuss Steamboat Springs and previously covered that approach in episode 163.

Read the transcript from this episode here.

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

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Posted November 20, 2015 by lgonzalez

As the Sixth Circuit Court of Appeals considers the FCC's decision to roll back Tennessee and North Carolina anti-muni laws, elected officials opposed to local authority are mounting an assault to head off possible enabling legislation. Their first target is the House of Representatives.

Poison Pens

South Carolina Governor Nikki Haley, North Carolina Attorney General Roy Cooper, Tennessee Attorney General Herbert Slattery, Tennessee Governor Bill Haslam, and Alabama Attorney General Luther Strange all sent letters to the Chairman of the House Energy & Commerce Committee, Fred Upton (R-MI). Their letters express derision at the thought of allowing local communities the ability to make decisions for themselves when it comes to ensuring local businesses and residents have the Internet access they need.

Communities with publicly owned networks such as Chattanooga, Tennessee, and Wilson, North Carolina, have prospered compared to those relying only on the large incumbent cable and telephone companies like Comcast and AT&T. Data suggest access to publicly owned networks contribute to local prosperity. Nevertheless, these elected officials have chosen to support big ISPs rather than their own constituents.

Elected Officials Protecting Campaign Interests

When the FCC released its Opinion and Order scaling back state restrictions in Tennessee and North Carolina, legislators backed by ISP powerhouses took up arms. They introduced bills, wrote editorials, and delivered speeches that put profits of AT&T and Comcast before the rights of Tennesseans and North Carolinians to have fast, affordable, reliable Internet access.

Tennessee Governor Haslam and North Carolina AG Roy Cooper each filed an appeal, to reverse the FCC's decision and keep the laws limiting...

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