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. 

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...

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...

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’...

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.

I shouldn’t have been surprised to learn industry completely re-wrote proposed broadband legislation to their favor as a “substitute bill” in legislative cmt today. CenturyLink and Spectrum are bullies. It’s wrong and they are hurting WY communities. @ENDOWyo @WYLegislature

— Mayor Marian Orr (@gofishwyo) February 19, 2018

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