Tag: "state laws"

Posted July 1, 2014 by christopher

With so many people on vacation this week for Independence Day, we decided to take it easy and reflect on my trip to Colorado to discuss rural broadband at the Mountain Connect conference. Lisa and I reflect on the event and what other states can learn from Colorado.

Though the Colorado legislature previously bowed to pressure from CenturyLink's predecessor to limit local authority, the Department of Local Affairs for the state of Colorado has a smart approach to encouraging rural broadband expansion. Rather than operating in a top-down fashion, it responds to plans that are developed organically by communities working together regionally.

Read the transcript from this episode here.

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Thanks to Waylon Thornton for the music, licensed using Creative Commons. The song is "Bronco Romp."

Posted June 27, 2014 by christopher

Citing the importance of Internet access to economic development, a number of Congressional Democrats are calling on FCC Chairman Wheeler to make good on his intention to remove barriers to community owned networks. Senator Edward Markey is the lead from the Senate and Representative Doyle in the House. And this Minnesotan takes pride in seeing both Senators Franken and Klobuchar signed on.

The letter [pdf] makes a strong case for local decision-making:

[L]ocal communities should have the opportunity to decide for themselves how to invest in their own infrastructure, including the options of working with willing incumbent carriers, creating incentives for private sector development, entering into creative public-private partnerships, or even building their own networks, if necessary or appropriate.

...

Communities are often best suited to decide for themselves if they want to invest in their own infrastructure and to choose the approach that will work best for them. In fact, it was the intent behind the Telecommunications Act of 1996 to eliminate barriers to entry into the broadband market and promote competition in order to stimulate more innovation and consumer choice. We urge you and your colleagues to utilize the full arsenal of tools Congress has enacted to promote competitive broadband service to ensure America’s communities obtain a 21st century infrastructure to succeed in today’s fiercely competitive global economy.

Signing the letter included Senators Edward Markey, Al Franken, Amy Klobuchar, Richard Blumenthal, and Cory Booker as well as Representatives Mike Doyle, Henry Waxman, and Anna Eshoo. We thank each of them for standing up for local authority.

Yesterday, we gave a brief update of what has happened thus far on this issue. This is a very important moment, as so many communities have recognized that at the very minimum, they need a plan for getting next-generation networks.

Cable and DSL simply aren't good enough to compete in the modern economy but the big carriers have enough clout in state capitals to push laws limiting competition and enough power in DC to feel confident in their anti-consumer mergers. Given this dynamic,...

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Posted June 27, 2014 by lgonzalez

On June 22, Mayors from around the country gathered at the U.S. Conference of Mayors 82nd Annual Meeting. Members of the Standing Committee on Transportation and Communications voted to combine Resolution #115 "Net Neutrality" and #114 "Preserving a Free and Open Internet."

Resolution #115 was of particular interest to community broadband advocates because it called on the FCC to preempt state laws erecting barriers to local authority.

The final product, officially approved by the USCM, retained the language supporting Chairman Wheeler's intention to help smooth the road for publicly owned networks:

BE IT FURTHER RESOLVED, that the US Conference of Mayors recommends that the FCC preempt state barriers to municipal broadband service as a significant limitation to competition in the provision of Internet access.

Resolution #115 was introduced by Mayor Paul Slogin of Madison, Wisconsin.

Posted June 26, 2014 by christopher

It has been a busy few weeks for those of focused on restoring local authority to communities over the matter of building Internet networks. But for those of you who are just wondering what is happening, we haven't done the best job of keeping you in the loop.

A few weeks ago, we noted the blog post by Chairman Wheeler in which he again affirmed his intent to restore local decision-making authority to communities.

Some are wondering if Chairman Wheeler will take action or is just making empty threats. After years of the previous FCC Chair specializing in all talk, no action, it is a good question to ask.

From the information I have been able to gather, I believe Chairman Wheeler is very serious about removing these barriers. And so do the big cable and telephone company lobbyists. They have been spreading their falsehoods in op-eds and convincing a few Congressional Republicans to attack a straw man they created.

Eleven Senators signed a letter to Chairman Wheeler on June 5, in which they claimed he was poised to "force taxpayer funded competition against private broadband providers." This is nonsense on multiple levels. As we have carefully explained in our fact sheet on financing municipal networks [pdf], the vast majority of municipal networks have used zero taxpayer dollars. This argument is simply a dodge to hide the fact that the big cable and telephone companies want to prevent any possibility of competition.

On June 12, some sixty Republicans signed a similarly misleading letter to the Chairman. What is particularly galling about both letters is that they justify their opposition to any FCC action because the states are closer to the people than "unelected federal bureaucrats in Washington, D.C."

Can you hazard a guess who is closer to the people and more trusted than elected officials in the state capital? A big gold star to anyone who answered "local governments." That's right, the very people who should be deciding this matter and the elected officials that Chairman Wheeler wants to re-empower to make important decisions for their community!

Both letters are framed that...

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Posted June 15, 2014 by christopher

Removing restrictions on community broadband can expand high-speed Internet access in underserved areas, spurring economic growth and improvements in government services, while enhancing competition. Giving the citizens of Chattanooga and leaders like Mayor Berke the power to make these decisions for themselves is not only the right thing to do; it’s the smart thing to do.

Posted June 15, 2014 by christopher

If the people, acting through their elected local governments, want to pursue competitive community broadband, they shouldn’t be stopped by state laws promoted by cable and telephone companies that don’t want that competition.

I believe that it is in the best interests of consumers and competition that the FCC exercises its power to preempt state laws that ban or restrict competition from community broadband. Given the opportunity, we will do so.

Posted June 12, 2014 by lgonzalez

In a June 10 Official FCC Blog post, Chairman Tom Wheeler's words show continued resolve to restore local decision-making to communities that want to evaluate their own investments and partnerships. This is the latest in a series of public statements indicating the agency is ready to assert authority and remove barriers to community networks.

Wheeler writes:

If the people, acting through their elected local governments, want to pursue competitive community broadband, they shouldn’t be stopped by state laws promoted by cable and telephone companies that don’t want that competition.

I believe that it is in the best interests of consumers and competition that the FCC exercises its power to preempt state laws that ban or restrict competition from community broadband. Given the opportunity, we will do so.

In April, Wheeler raised a few lobbyist eyebrows in a speech on the role of municipal networks at the Cable Show Industry conference in Los Angeles. In this latest post, he notes that Chattanooga's network transformed it from "a city famous for its choo-choos," into the "Gig City." The network spurs economic development, improves access, and inspires innovation, notes our FCC Chairman.

The National Journal also takes note of the FCC blog post. Its article points out that Wheeler criticizes Tennessee's state law restricting Chattanooga's ability to expand. Even though nearby communities want service from EPB, the City is forbidden from serving them. Not acceptable, says Wheeler.

While the National Journal suggests Tennessee may be the first state to face FCC authority to eliminate state barriers, policy experts have no expectations yet. From the article:

Harold Feld, the senior vice president of consumer advocacy group Public Knowledge, said Wheeler will probably not launch a broad initiative to attack state laws around the country. Instead, the FCC chief will probably wait for groups or individuals to file complaints about specific state laws, Feld predicted.

Chairman Wheeler's sentiments comport with the growing movement to...

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Posted June 10, 2014 by christopher

We are excited to announce a new effort to restore and preserve local decision-making authority when it comes to public private partnerships and Internet infrastructure investment.

The Coalition for Local Internet Choice, CLIC, will work to ensure communities can make these decisions for themselves. Mission statement:

The Coalition for Local Internet Choice – CLIC – represents a wide range of public and private interests who support the authority of local communities to make the broadband Internet choices that are essential for economic competitiveness, democratic discourse, and quality of life in the 21st century.

I'm excited to be a part of this effort as a senior advisor working with Jim Baller, Joanne Hovis, and Catharine Rice. We are asking people to join the coalition via the CLIC page (right hand column toward bottom). Members agree to the following principles. Follow localnetchoice on Twitter.

The Internet Is Essential 21st Century Infrastructure: Modern broadband Internet networks are essential infrastructure in the 21st century economy. Access to modern broadband infrastructure is vital in ensuring that all communities – rural, tribal, and urban – can access opportunity and participate fully in community life.

Local Communities Are the Lifeblood of America: America is built on its great communities. Towns, counties, and cities are where economic activity and civic engagement live — and communities recognize modern broadband Internet infrastructure as essential to enable such economic and democratic activity.

Communities Must Be Able to Make Their Own Choices: Local choice enables local self-reliance and accountability. Local choice enables local innovation, investment, and competition. Local communities, through their elected officials, must have the right and opportunity to choose for themselves the best broadband Internet infrastructure for their businesses, institutions, and residents. Federal broadband policies must prioritize local choice and provide local communities full, unhindered authority to choose their own broadband future.

More updates to follow - but please sign up if you agree. Also, spread the word! We are excited to have individuals, companies, trade groups, local...

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Posted June 7, 2014 by lgonzalez

Jesse Harris at FreeUTOPIA recently published a piece correcting the many fantastic errors disseminated by the Utah Taxpayers Association. The group continues to spread lies to poison a proposal from Australian company Macquarie that could reinvigorate the ailing network. We spoke with Harris and Pete Ashdown, from Xmission, about the proposal in episode #85 of the Community Broadband Bits podcast.

As can be expected, the arguments are nothing new, but the Utah Taxpayers Association still finds a way to take it to new extremes. Harris' post is worth the read because it offers truths to correct misinformation.

After correcting several points, Harris writes:

Really, their diatribe just goes on and on like that. A lot of it is basic fact-checking stuff that’s flat-out wrong, but they know those kinds of statements will rile people up and get them too angry to consider the real facts.

The best thing you can do right now is to make sure you show up at city council meetings, let your elected officials know you support the deal, and make sure you counter any of the flat-out false talking points the opposition will be trotting out time and time again. We’re really close to having this thing in the bag, and we can’t let up until the ink dries on the final agreement.

In a late-breaking story, he also says he has evidence that CenturyLink is behind this astroturf campaign. Not at surprising, but we should not sit idly by while powerful corporations try to undermine our republic.

Posted May 21, 2014 by lgonzalez

The debate surrounding the proposed Comcast Time Warner Cable merger continues. The Department of Justice and the FCC ruminate over the deal while the media speculates about the future.

Governing recently published an article on potential side effects for the municipal network movement. Tod Newcombe reached out to Chris for expert opinion.

From Governing:

Partially thanks to Comcast and other cable giant's lobbying, 19 states have already passed laws that ban or restrict local communities from setting up publicly owned alternatives to the dominant provider in the area. Municipalities that pursue publicly owned broadband often cite several reasons for their efforts, ranging from lack of competition and choices in the area to a desire for faster speeds at lower costs. But Mitchell fears the lobbying power of a combined Comcast-Time Warner would choke off what little leverage remains for local governments when it comes to gaining state approval to build publicly owned broadband networks.

Unfortunately, the cable company cyclops borne out of this deal would create a ginormous lobbying monster. Comcast and Time Warner Cable wield significant political influence separately; a marriage of the two would likely damage the municipal network movement. The Center for Responsive Politics reports Comcast spent over $18 million in 2013; Time Warner Cable spent over $8 million.

Chris told Governing:

"Judging by the amount of opposition to the merger, I think people are seeing that we're at a tipping point and that there are ways they can make investments at the local level and control their own destiny," said Mitchell. "A lot of people and local businesses understand that the Internet is really important and that we can't trust it to a few corporations. But I don't see that level of understanding from most elected officials yet."

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