Ideally, working from home allows one to choose the environment where he or she can be most productive. In the case of Seth that was Kitsap County in Washington State. Unfortunately, incompetence on the part of Comcast, CenturyLink, and official broadband maps led Seth down a road of frustration that will ultimately require him to sell his house in order to work from home.

The Consumerist recently reported on Seth's story, the details of which ring true to many readers who have ever dealt with the cable behemoth. This incident is another example of how the cable giant has managed to retain its spotless record as one of the most hated companies in America. 

Seth, a software developer, provides a detailed timeline of his experience on his blog. In his intro:

Late last year we bought a house in Kitsap County, Washington — the first house I’ve ever owned, actually. I work remotely full time as a software developer, so my core concern was having good, solid, fast broadband available. In Kitsap County, that’s pretty much limited to Comcast, so finding a place with Comcast already installed was number one on our priority list.

We found just such a place. It met all of our criteria, and more. It had a lovely secluded view of trees, a nice kitchen, and a great home office with a separate entrance. After we called (twice!) to verify that Comcast was available, we made an offer.

The Consumerist correctly describes the next three months as "Kafkaesque." Comcast Technicians appear with no notice, do not appear for scheduled appointments, and file mysteriously misplaced "tickets" and "requests." When technicians did appear as scheduled, they are always surprised by what they saw: no connection to the house, no Comcast box on the dwelling, a home too far away from Comcast infrastructure to be hooked up. Every technician sent to work on the problem appeared with no notes or no prior knowledge of the situation.

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.

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:

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:

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. 

As the Senate version of Missouri's latest anti-muni bill, SB 266 [PDF], moved forward recently, a group of private sector companies and interested organizations appealed to state lawmakers [PDF] urging them to stop it in its tracks.

In January we reported on HB 437, introduced by House Member Rocky Miller. Its Senate companion, which establishes an identical slash and burn strategy to discourage municipal broadband investment, appears to be gathering interest.

The Senate Jobs, Economic Development and Local Government Committee heard the bill on February 18th but chose not to vote on it, reports the Columbia Tribune. Members of the committee received a copy of the correspondence.

Readers will recall that Columbia is one of the many communities that have been actively investigating the possibility of municipal open access network investment. Last fall, Columbia received the results of a feasibility study that recommended the town make better use of its existing fiber assets for economic development purposes.

The letter, sent to Senator Eric Schmitt, Chairman of the Missouri Senate Committee on Jobs, Economic Development, and Local Government, stressed the importance of public private partnerships in the modern economy. SB 266 and HB 437, with their onerous barriers, would certainly discourage private investment in Missouri. From the letter:

Last week, the FCC made history when it chose to restore local telecommunications authority by nullifying state barriers in Tennessee and North Carolina. Waiting in the wings were Rep. Marsha Blackburn and Senator Thom Tillis from Tennessee and North Carolina respectively, with their legislation to cut off the FCC at the knees. [A PDF of the draft legislation is available online.]

Readers will remember Blackburn from last year. She introduced a similar measure in the form of an amendment to an appropriations bill. Blackburn has repeatedly attributed her attempts to block local authority to her mission to preserve the rights of states. A Broadcasting and Cable article quoted her:

“The FCC’s decision to grant the petitions of Chattanooga, Tennessee and Wilson, North Carolina is a troubling power grab,” Blackburn said. “States are sovereign entities that have Constitutional rights, which should be respected rather than trampled upon. They know best how to manage their limited taxpayer dollars and financial ventures."

Thom Tillis, the other half of this Dystopian Duo, released a statement just hours after the FCC decision:

“Representative Blackburn and I recognize the need for Congress to step in and take action to keep unelected bureaucrats from acting contrary to the expressed will of the American people through their state legislatures.”

For Immediate Release: February 26, 2015

Contact: Christina DiPasquale, 202.716.1953, Christina@fitzgibbonmedia.com

BREAKING: Cable Companies Lose Big at FCC, Barriers to Community Broadband Struck Down

Two southern cities today persuaded the Federal Communications Commission to recognize their right to build their own publicly owned Internet networks where existing providers had refused to invest in modern connections. The 3-2 FCC vote removes barriers for municipal networks in Chattanooga, Tennessee and Wilson, North Carolina, to extend their high-quality Internet service to nearby areas.  

Said Christopher Mitchell, Director of Community Broadband Networks at the Institute for Local Self-Reliance:

“Cable companies lost their bet that millions spent on lobbying to stifle competition was a wiser investment than extending high-quality Internet to our nation’s entrepreneurs, students and rural families. 

“Preventing big Internet Service Providers from unfairly discriminating against content online is a victory, but allowing communities to be the owners and stewards of their own broadband networks is a watershed moment that will serve as a check against the worst abuses of the cable monopoly for decades to come.”

The FCC decision sets an historic precedent for towns working to offer municipal broadband networks in twenty states that have enacted limits or bans on local governments building, owning, or even partnering to give local businesses and residents a choice in high speed Internet access. Three-quarters of Americans currently have either no broadband or no choice of their Internet provider. 

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 communities.