Tag: "state laws"

Posted February 29, 2012 by christopher

For tourists and residents alike, much of Colorado is one amazing vista after the next. I nearly circumnavigated it on a recent trip and was re-blown away at how incrediblely beautiful it is (recommendation: stop by Great Sand Dunes National Park).

But those incredible mountains are a two-way street. The same ridges that make it great ski country make it awful wireless country. All those mountains make it hard to provide ubiquitous wireless access - leave the interstate or urban areas behind and you are lucky to see the old "1x" show up on your smartphone.

When I go on vacation, I like to remain connected to find weather reports, directions to my next destination, local cafes, etc. And like just about everyone, I really like to be connected where I live. The private telecom sector gets a failing grade for serving both residents and vacationers.

Don't forget that Colorado is one of the nineteen states that have barriers to publicly owned networks despite the refusal of cable and DSL companies to build next-generation networks. We've frequently written about Longmont's efforts to improve its broadband access despite that legislation.

Senate Bill 12-129 aims to identify areas of the state lacking sufficient acess to the Internet and seeking solutions. A local newspaper reported on testimony from local businesses suffering from the lack of investment:

Wendell Pryor, director of the Chaffee County Economic Development Corp., testified to the impacts of limited bandwidth on businesses in that area.

Princeton Hot Springs Resort, an economic driver that generates the second-highest amount of sales tax among businesses in Chaffee County, is unable to process credit cards electronically when bandwidth traffic is high.

"The broadband is simply not sufficient to allow them to do that, so it's done manually," Pryor said.

He said Monarch Ski Resort, which anchors the winter tourist season in Chaffee County, asks the staff to shut off their computers in order to have adequate broadband availability for skiers and...

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Posted February 28, 2012 by christopher

Kentucky is considering a bill that would significantly change rural telephone service in the state. An editorial examines in issue here. We signed on to a letter opposing the bill, reprinted below:

Dear Senate Standing Committee on Economic Development, Tourism, and Labor:

A harmful bill is before you this week that would cut basic telephone service to rural, low-income and elderly Kentuckians. Senate Bill 135, if approved in your committee, threatens access to what most consider a basic lifeline, including 911-emergency service, for Kentucky’s most vulnerable citizens.

As rural Internet and broadband advocates, we know the importance of having access to all forms of communication, including basic telephone service. Communication is a fundamental human right. Lack of basic telephone service isolates people and denies them the right to communicate. Without basic telephone service, rural people will be further isolated from economic and civic participation, and disconnected from the safety our nation’s vital emergency service network.

You have the power to ensure that all Kentuckians can continue to count on basic telephone service.

SB 135 would allow AT&T, Windstream, Cincinnati Bell, and other telecommunications companies to end their obligation as “carriers of last resort.” A Carrier of Last Resort is a telecommunications carrier that commits (or is required by law) to provide service to any customer in a service area that requests it, even if serving that customer would not be economically viable at prevailing rates.

Carriers of Last Resort are crucial to help people in rural, remote, and poor communities stay connected via basic telephone service. Because they are not profitable under a traditional market framework, these communities are the least desirable to corporations primarily interested in profits. The real tragedy of this bill is to further disadvantage the most vulnerable people in Kentucky by cutting their ability to communicate with their loved ones, elected officials, potential employers, medical providers and the society at large.

As rural constituents, we feel compelled to express our concern over the negative impact that SB 135 will have on rural, remote, and poor communities in Kentucky. Especially at a time when poverty rates are statistically high and jobs are scarce,...

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Posted February 19, 2012 by christopher

We are running a guest commentary today. Eric Null is a third-year law student at Cardozo Law School in New York City. He is passionate about corporate and intellectual property law, as well as technology and telecommunications policy. Follow him @ericnull or check out his papers. While researching a paper about municipal broadband networks, I was struck by the tremendous benefits that municipal networks can provide. It can be the first high-speed Internet link for an area without broadband, or it can provide some much-needed competition in areas that currently have access to broadband, but for some reason that existing access is unsatisfactory (e.g. price, service). Municipalities, in theory, can run the network for the benefit of the public rather than with a vicious profit maximization motive. Indeed, municipal networks bring many benefits. But first, a little history. In the United States, cable providers have set up regional monopolies for themselves, and “competitors” such as DSL and satellite are characterized by slower connection speeds and it is arguable that they are actual substitutes to cable access. Certainly within the cable industry, any “competitive” cable company attempting to compete with incumbents is met with high costs of building new infrastructure and lack of customer base. Municipalities can pick up where smaller, private entities cannot succeed. Municipalities have had a long history of investing in critical infrastructure, and they have the mentality for long-term planning that private companies simply cannot enjoy. A large company like Verizon likely has to justify any expansion of its network to its investors and ensure them that the venture will return a profit relatively quickly. Not so with municipalities; a city network allows its citizens to benefit indirectly (and directly) over the long-term. Thus, city governments can be a formidable competitor in the telecom and cable industries. Some states, regrettably, have banned or restricted the practice. In Nixon v. Missouri Municipal League, the Supreme Court interpreted so-called vague language in the Telecom Act of 1996...

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Posted February 17, 2012 by christopher

On Wednesday, Tech News Today on the This Week in Tech (TWiT) network had Christopher Mitchell on to discuss pending legislation in Georgia that would essentially outlaw publicly owned networks in the state.

I come on about 25 minutes, 45 seconds in to the show. Skip ahead below or watch on YouTube.

Posted February 15, 2012 by christopher

The absurdity of AT&T's push to define broadband as 200kbps is so great, it boggles the imagination. We developed the graphic below to highlight just how slow 200kbps connections are.

200kbps is not good enough for communities

Feel free to spread it around. Higher quality pdf below.

Posted February 3, 2012 by christopher

With AT&T continuing to push H.3508, a bill to further erode local authority over broadband and ensure AT&T faces no competition in areas of the state, a number of corporations have signed a letter asking the South Carolina Legislature not to chase jobs out of the state. Though the bill has not yet had a hearing this year, we have seen hearings scheduled and know that the bill is being actively considered behind the scenes.

Dear Senator McConnell and Members of the Senate Judiciary Committee:

We, the private-sector companies and trade associations listed below, urge you to oppose H.3508 because these bills, on top of South Carolina’s existing barrier to public communications initiatives, codified in SC Code §§ 58-9-2600 et seq., will harm both the public and private sectors, stifle economic growth, prevent the creation or retention of thousands of jobs, hamper work force development and diminish the quality of life in South Carolina. In particular, these bills will hurt the private sector in several ways: by curtailing public-private partnerships, stifling private companies that sell equipment and services to public broadband providers, and impairing educational and occupational opportunities that contribute to a skilled workforce from which businesses across the state will benefit.

The United States continues to suffer through difficult economic times. The private sector alone cannot lift the United States out of this crisis. As a result, federal and state efforts are taking place across the Nation to deploy both private and public broadband infrastructure to stimulate and support economic development and jobs, especially in economically distressed areas. For example, in South Carolina, Orangeburg and Oconee Countieshave received broadband stimulus awards to bring much-needed broadband services and capabilities to communities that the private sector has chosen not to serve adequately. H.3508, together with SC Code §§ 58-9-2600 et seq., would impose burdensome financial and regulatory requirements that will prevent public broadband providers from building the sorely needed advanced broadband infrastructure that will stimulate local businesses development, foster work force retraining, and boost...

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Posted January 31, 2012 by christopher

As Georgia's Senate considers revoking local authority over whether or not to build a community network, the National Association of Telecommunications Officers and Advisers has written to the Committee, opposing SB 313 [pdf]:

Dear Senator Rogers:

The National Association of Telecommunications Officers and Advisors (NATOA) joins the growing chorus of business, consumer, and government groups and associations, such as the Georgia Municipal Association, in opposing the Broadband Investment Equity Act (S. 313). This bill will harm the state’s economic growth and do little if anything to promote competition or to bring advanced communications services to the citizens of Georgia.

NATOA has long supported community broadband networks because they offer the promise of increased economic development and jobs, enhanced market competition, and accelerated and affordable Internet access for all. Communities across America are ready and eager to bring the economic and social benefits of broadband access to their citizens. But private providers alone will not bring these advanced services to all parts of our country, especially to those communities that do not fit into the companies’ business plans.

As a result, hundreds of cities have launched community broadband initiatives, either with private partners or on their own, and many more are now in the planning stages. Communities should be encouraged to step forward to do their part to ensure the rapid deployment of broadband to all Americans, and they should have the freedom to choose what makes the most sense for their citizens. S. 313 will do nothing to encourage robust competition in the communications marketplace in Georgia.

Rather, S. 313 will tie the hands of local governments and hinder the deployment of advanced services to un- and underserved parts of the state, denying those communities the economic and social benefits that broadband services can provide. Rather than encouraging economic growth, S. 313 will simply drive more private investment capital – and good jobs – from Georgia to neighboring states, such as Tennessee.

Rather than erecting further barriers to entry, Georgia should be encouraging community leaders to develop networks that make sense for their communities,...

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Posted January 29, 2012 by christopher

In the wake of a bill in Georgia to revoke local authority and substitute it with state say-so over whether a community can build a broadband network, multiple outlets have covered the situation.

As usual, Stop the Cap! was quick on the ball, offering original in-depth commentary. Phil digs into the campaign cash history to find the real motivations behind this bill:

Rogers’ legislation is exceptionally friendly to the state’s incumbent phone and cable companies, and they have returned the favor with a sudden interest in financing Rogers’ 2012 re-election bid. In the last quarter alone, Georgia’s largest cable and phone companies have sent some big thank-you checks to the senator’s campaign:

  • Cable Television Association of Georgia ($500)
  • Verizon ($500)
  • Charter Communications ($500)
  • Comcast ($1,000)
  • AT&T ($1,500)

A review of the senator’s earlier campaign contributions showed no interest among large telecommunications companies operating in Georgia. That all changed, however, when the senator announced he was getting into the community broadband over-regulation business.

Phil also refutes the supposed failures cited by those pushing the bill. Not only do such stories misrepresent what really happened, some actually cite EPB's incredible 1Gbps service as demonstrating that munis are out of touch. What else would you expect from the Heartland Institute, which made its name fighting against the radical claim that cigarettes are linked to cancer?

Government Technology's Brian Heaton also covered the story in "Georgia Community Broaband in Legislative Crosshairs."

In addition, Mitchell [me] said that SB 313’s requirement of the public entity paying the same taxes or the same cost of capital as the private sector is another red herring. He said that while the provision looks reasonable on the surface, it would critically hamstring any effort to establish government-owned high-speed broadband services.

“That’s like telling me I have to pay the same...

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Posted January 25, 2012 by christopher

With AT&T again pushing a bill in South Carolina to revoke local authority to build community broadband networks, the National Association of Telecommunications Officers and Advisers has sent a letter to the Chair of the Senate Judiciary Committee [pdf] opposing H3508. The bill will be considered by that committee on Thursday, January 26. South Carolina already restricts local authority to build networks but this bill would essentially close off any possibility of doing so.

Dear Senator Rankin:

The National Association of Telecommunications Officers and Advisors (NATOA) joins the growing chorus of business, consumer, and government groups and associations in opposing H. 3508 (Government Owned Communications Service Providers). This bill will harm your state’s economic growth and do little if anything to promote competition or to bring advanced communications services to the citizens of South Carolina. Hamstringing local government efforts to provide fiber networks will simply result in the further flow of millions of investment dollars to neighboring states such as Tennessee.

NATOA has long supported community broadband networks because they offer the promise of increased economic development and jobs, enhanced market competition, improved delivery of e-government services, and accelerated and affordable Internet access for all. Communities across America are ready and eager to bring the economic and social benefits of broadband access to their citizens. But private providers alone will not bring these advanced services to all parts of our country, especially to those communities that do not fit into the companies’ business plans.

As a result, hundreds of cities have launched community broadband initiatives, either with private partners or on their own, and many more are now in the planning stages. Communities should be encouraged to step forward to do their part to ensure the rapid deployment of broadband to all Americans, and they should have the freedom to choose what makes the most sense for their citizens. H. 3508 will simply make it more difficult for public broadband providers from building the advanced broadband infrastructure necessary to stimulate local business development...

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Posted January 24, 2012 by christopher

The Georgia Senate is considering SB 313, a bill that would overrule local decision-making authority in matters of broadband. Even as connections to the Internet have become essential for communities, the Georgia Legislature is poised to make it harder for communities to get the networks they need.

We saw very similar language in North Carolina pass last year after many years of lobbying by Time Warner Cable and CenturyLink. These massive companies use their lobbying clout to stop any form of competition they could face, and they are presently threatened by the examples of many communities that have built incredible next-generation networks. For instance, see the thousands of new jobs in Chattanooga that are credited to its community fiber network.

Community networks spur competition -- it is why Chattanooga got Comcast's xfinity service before Atlanta, despite Atlanta having long been prioritized over Chattanooga previously. It is why Cox Cable, which is headquartered in Atlanta, launched its upgrades in Lafayette, Louisiana -- they felt the competition pressure from a community fiber network.

Bill supporters are already claiming that this is just an attempt to level the playing field:

"The private sector is handling this exceptionally well," Rogers said. "What they don't need is for a governmental entity to come in and compete with them where these types of services already exist. We're not outlawing a local government entity from doing this, but if they're going to compete, they can play by the same rules and ask the voters if it's okay before they go out and spend all these dollars."

We have mapped the states that enacted barriers to community networks,written extensively...

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