Rural Pinetop residents are getting a glimpse of  the treatment they are going to receive from Suddenlink,  even before the ISP has started offering service in the small North Carolina community.  According to locals, Suddenlink subcontractors are busting water mains, connecting fiber without homeowner permission, and spreading lies about the Town’s favored community-broadband provider, Wilson's municipal network, Greenlight Community Broadband.

A Bright Economic Future For A While

Back in 2015, this tiny, low income, town felt grateful to receive Fiber-to-the-home (FTTH), symmetrical gigabit Internet service from their electric provider, the municipal electric utility from neighboring Wilson. Suddenlink had turned their back on local residents for years, and before Greenlight began serving the community, a good day of Internet service from incumbent CenturyLink brought them 2 Mbps upload speed. 

With high-quality connectivity from Wilson’s Greenlight, the town began envisioning a new economic future. They recognized the importance of high capacity upload speed as an economic development tool to attract the professional and creative class. They wanted to attract doctors, lawyers, engineers, and digital media artists from Greenville and Rocky Mount to their town where the cost of doing business was low and the quality of life was high.

Tech entrepreneurs and other businesses community leaders in Pinetops hoped to attract need high capacity upload to share data heavy files, such as  x-rays, and blueprints from a home office or other place of business.

"Whose Side Are You On?"

In June 2017, the North Carolina General Assembly passed legislation, HB 396, mandating that the City of Wilson disconnect all its services from Pinetops within 30 days of being notified by a new provider that such retail service is “available” (words undefined but which seem like they could mean service is on for one home). The law is silent on Greenlight re-starting services...

On May 30th, New Hampshire Governor Chris Sununu signed SB 170, a bill local community leaders had watched for more than a year. The measure will allow municipalities to bond for publicly owned Internet network infrastructure. Advocates, local elected officials, and citizens have been seeking the authority for years. SB 170 may raise some questions as it's implemented, but the bill is significant because it symbolizes this state's decision to expand local authority for broadband investment, rather than limit the power of local communities.

Read the final version of SB 170 here.

A Better Measurement

As we reported more than a year ago, SB 170 sought to make changes in existing law by allowing local communities to bond for Internet infrastructure. The bill sat in committee until last November, when it was amended and picked up again. The final version of SB 170 allows communities to bond for projects that will connect premises that don’t have access to broadband as defined by the FCC — 25 Mbps download and 3 Mbps upload.

Should the definition of broadband at the FCC increase to faster speeds, so will the definition as it applies in New Hampshire. This is a welcome approach as big ISPs around the country have in recent years tried to convince state legislators to reduce the speed definition of broadband in state legislation. Many is the time well-meaning or well-funded state lawmakers decided to use the incumbent-dictated 10 Mbps / 1 Mbps or even 4 Mbps / 1 Mbps in order to appease the likes of AT&T or CenturyLink. Some states, such as New Hampshire, are realizing that such slow thresholds translate into very little investment into the type of Internet access residents and businesses need. Other states can learn from New Hampshire...

Approximately 20 U.S. states have some form of legal restriction that creates barriers when local communities want to develop publicly owned Internet infrastructure. In North Carolina, where the state experiences a severe rural/urban digital divide, people are fed up with poor service from influential telephone and cable companies. Folks like Ned Barnett, Opinion Editor from the News & Observer, are calling on elected officials to remove the state’s restriction so local governments can do all they can for better connectivity.

Things Must Change

Barnett’s recent editorial begins out of frustration as he describes how unreliable Internet access forced him to take pen to paper. His own connection prevented him from tending to emails, doing online research, and his phone service also suffered due to momentary loss of connectivity at his office. He goes on to consider how the annoying but temporary inconvenience to him is a way of life for many in rural areas of his state.

While North Carolina has many of the same challenges as other states in getting rural folks online — lack of interest from national ISPs, challenging geography that complicates deployment — Barnett correctly zeroes in on the state’s restrictive HB 129. The law prevents communities with existing broadband infrastructure from expanding to neighboring communities and puts requirements in place that are so onerous, they make it all but impossible for communities considering similar investments to move forward.

Barnett rightly points out that the true purpose of the law was to protect national ISPs from competition, securing their position as monopolies and duopolies. He describes the problems with the state's approach and what North Carolinians have faced in the aftermath:

For one, Internet access isn't a consumer product. It's as basic as access to a phone, electricity or indoor plumbing. Secondly, there isn't any real competition involved. Rural areas often are limited to one provider offering slow access.

The Problem is Real

People familiar with the situation in North Carolina typically know the story of Wilson and Pinetops. When the FCC preempted HB 129 in 2015, Wilson expanded its municipal fiber optic...

The Broadband Deployment Advisory Council (BDAC), established by the FCC in January 2017, has caused concern among groups interested in protecting local authority. On April 12th, the Coalition for Local Internet Choice (CLIC) voiced those concerns in a precisely worded letter to Ajit Pai’s FCC that spelled out the way the BDAC is running roughshod over local rights.

Read the letter here.

Leaving Out The Locals

As CLIC states in the beginning of their letter, the lack of local representation on the BDAC indicates that the FCC has little interest in hearing from cities, towns, and other local government. There’s plenty of representation on the Council, however, from corporations and private carriers. 

From CLIC’s letter:

The audacity and impropriety of the process is clear from the fact that this entity, comprised primarily of corporate and carrier interests, is empowered by the Commission to develop model codes that could potentially impact every locality and state in the United States without any serious input from the communities it will most affect.

This group of individuals has been tasked with developing model codes that may be adopted at the local level; local input is not only necessary to create policies that are consider the needs of local folks, but that will work. To achieve productivity, BDAC needs to understand the environments in which their proposals may be adopted, otherwise their goal to be increasing broadband deployment may be compromised. Omitting a broad local perspective is not only improper it’s counterproductive.

Work Product

The BDAC has already released a draft model state code, which has stirred up resistance and CLIC explains why. A key problem with the legislation is that it doesn’t appear to be backed up with anything other than philosophies, ideals, or self-interest, writes CLIC. Policy this important should be based on data.

They lay out eight specific and definable reasons why the proposed legislation falls flat for local communities.

1. The...