Tag: "state laws"

Posted April 4, 2011 by christopher

FCC Commissioner Clyburn Mignon has released a statement opposing "Anti-Municipal Broadband Legislation" [pdf], especially singling out the Time Warner Cable bill to kill community broadband in North Carolina.

STATEMENT BY FCC COMMISSIONER MIGNON L. CLYBURN ON PROPOSED ANTI-MUNICIPAL BROADBAND LEGISLATION

I have serious concerns that as the Federal Communications Commission continues to address broadband deployment barriers outlined in the National Broadband Plan, new obstacles are being erected that are directly contrary to the Plan’s recommendations and goals.

I recently learned that several state legislatures are considering bills that are contrary to the deployment objectives of the Broadband Plan. For example, in North Carolina, the state legislature is currently evaluating legislation entitled ‘Level Playing Field/Local Government Competition.’ Last week the North Carolina House passed the bill, and it currently awaits consideration in the Senate. This piece of legislation certainly sounds goal-worthy, an innocuous proposition, but do not let the title fool you. This measure, if enacted, will not only fail to level the playing field; it will discourage municipal governments from addressing deployment in communities where the private sector has failed to meet broadband service needs. In other words, it will be a significant barrier to broadband deployment and may impede local efforts to promote economic development.

The National Broadband Plan recommended that Congress clarify that State, regional, and local governments should not be restricted from building their own broadband networks. When providers cannot meet the needs of local communities, the Plan provides that State, regional, and local entities should be able to respond accordingly, as they were able to do when municipal governments distributed electricity to thousands of rural communities during the 20th Century. Unfortunately, this National Broadband Plan recommendation continues to be ignored by some broadband industry members that are encouraging these misguided efforts.

Not long after the National Broadband Plan was issued, I had the privilege to visit North Carolina and speak about the goals in the Plan, and the importance of our...

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Posted March 31, 2011 by christopher

Greensboro is the latest to officially call on the North Carolina Legislature to not pass H 129, a bill pushed by Time Warner Cable to limit the right of communities to choose to build their own broadband networks.

A RESOLUTION OF THE CITY OF GREENSBORO CITY COUNCIL URGING MEMBERS OF THE GENERAL ASSEMBLY AND GOVERNOR PERDUE TO OPPOSE H129 AND S87 (LEVEL PLAYING FIELD/LOCAL GOVERNMENT COMPETITION ACT) AND ANY LEGISLATION WHICH WOULD PROHIBIT OR LIMIT THE ABILITY OF LOCAL GOVERNMENTS TO PROVIDE BROADBAND OR ANY OTHER COMMUNICATION SERVICES OR SYSTEMS

WHEREAS, Senate Bill 87 and House Bill 129 have been introduced in the 2011-2012 Session of the General Assembly of North Carolina; and

WHEREAS, these bills do not provide a level playing field to cities, to cities, towns and counties, but greatly hinder local governments from providing needed communications services, including public safety networks, and especially advanced high-speed broadband services, in unserved and underserved areas; and

WHEREAS, these bills impose numerous obligations on cities and towns that private broadband companies do not have to meet; and

WHEREAS, while private companies declare top-quality broadband service is cost prohibitive, the United States continues to lose ground to other nations in broadband access, user cost and growth in number of users, falling behind the United Kingdom, Korea, France, Japan, Canada, Estonia, and now China, each of which provides Internet access at speeds that are some 500 times faster than what the private providers in the United States and at less cost; and

WHEREAS, the bills would prohibit North Carolina cities and towns from using federal grant funds to deploy or operate locally-owned or operated broadband systems, thereby denying N.C. residents access to federal assistance available to the rest of the country and hindering employment opportunities; and

WHEREAS, deployment of high-speed Internet is a new public utility vital to the future economic development, educational outreach and community growth in North Carolina necessary to replace lost textile, tobacco, furniture and manufacturing jobs; and

WHEREAS, the General Assembly has...

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Posted March 28, 2011 by christopher

Momeyer also adds its name to the list of towns and cities opposing a bill in the State Legislature pushed by Time Warner Cable to deny the communities the right to build broadband networks.

A RESOLUTION OF THE TOWN COUNCIL OF MOMEYER URGING MEMBERS OF THE GENERAL ASSEMBLY AND GOVERNOR PERDUE TO OPPOSE H129 AND 587 (LEVEL PLAYING FIELD/LOCAL GOVERNMENT COMPETITION ACT) AND ANY LEGISLATION WHICH WOULD PROHIBIT OR LIMIT THE ABILITY OF LOCAL GOVERNMENTS TO PROVIDE BROADBAND OR ANY OTHER COMMUNICATION SERVICES OR SYSTEMS

WHEREAS, Senate Bill 87 and House Bill 129 have been introduced in the 2011-2012 Session of the General Assembly of North Carolina; and

WHEREAS, these bills do not provide a level playing field to cities, towns and counties, but greatly hinder local governments from providing needed communications services, including Public safety networks, and especially advanced high-speed broadband services, in unserved and underserved areas; and

WHEREAS, these bills impose numerous obligations on cities and towns that private broadband companies do not have to meet; and

WHEREAS, while private companies declare top-quality broadband service is cost prohibitive, the United States continues to lose ground to other nations in broadband access, user cost and growth in number of users, falling behind the United Kingdom, Korea, France, Japan, Canada, Estonia, and now China, each of which provides Internet access at speeds that are some 500 times faster than what the private providers in the United States and at less cost; and

WHEREAS, the bills would prohibit North Carolina cities and towns from using federal grant funds to deploy or operate locally-owned or operated broadband systems, thereby denying N.C. residents access to federal assistance available to the rest of the country and hindering employment opportunities; and

WHEREAS, deployment of high-speed Internet is a new public utility vital to the future economic development, educational outreach and community growth in North Carolina necessary to replace lost textile, tobacco, furniture and manufacturing jobs; and

WHEREAS, the General Assembly has already established: (1) rules governing Public...

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Posted March 24, 2011 by christopher

After a few days of false hope, the Time Warner Cable Monopoly Protection Act, H129, passed the House Finance Committee after being stripped of the amendments that would have allowed communities without access to real broadband to build their own networks.

As usual, Stop the Cap! offered the first recap of yesterday's fiasco.

Faison’s amendment was designed to open the door to someone — anyone – to bring broadband into rural areas of the state.  While Time Warner Cable, AT&T, and CenturyLink dawdle, large numbers of rural residents simply go without any broadband service.  Faison’s amendment was simple and reasonable — if at least half of an area is not served with 4/1Mbps service, provisions should be made to allow local communities, if they wish, to establish service themselves to get the job done.

Last week, when Faison’s amendment appeared to be headed for incorporation into the bill, industry lobbyists blanched and fled the room, raising vocal objections and demanding a week timeout before a vote was taken.  After winning their reprieve, they managed to get the Republican majority in line to throw rural North Carolina under the bus, uniformly opposing Faison’s amendment.  Two Democrats, one representing the city where Time Warner Cable’s regional division is headquartered, joined them.

In its place, they substituted a new amendment which defined broadband in the state of North Carolina as any service occasionally capable of achieving 768kbps downstream and 200kbps upstream.  That represents “well-served” among these industry-friendly legislators.

This came after an excellent exposé showing Representatives annoyed to be asked why they are pushing Time Warner Cable's bill (to the detriment of every other business and citizen of North Carolina) after taking large contributions from telecommunications companies.

This video is no longer available.

Others have taken notice as well - see this political cartoon...

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Posted March 24, 2011 by christopher

A resolution opposing H129/S87 from the city of Raleigh:

RESOLUTION NO. 2011 – 322

A RESOLUTION OF THE CITY OF RALEIGH URGING THE STATE TO RECOGNIZE THE ROLE OF MUNICIPALITIES IN THE DEPLOYMENT OF TECHNOLOGY SERVICES FOR THE ECONOMIC DEVELOPMENT OF NORTH CAROLINA AND TO EXPRESS CONCERN ABOUT POTENTIAL LEGISLATION TO LIMIT LOCAL GOVERNMENT PROVISION OF BROADBAND SERVICE

Whereas, access to high capacity, high-speed, state-of-the-art broadband networks is essential for our state to compete in the global economy and to provide citizens access to advanced applications in medicine, public safety, energy management and education;

Whereas, the United States is rapidly losing ground to other countries in broadband subscriptions per capita and North Carolina is similarly losing ground to other states;

Whereas, contrary to that trend, the City of Raleigh has made significant strides in ensuring that businesses, citizens, and visitors have access to technology services, providing free WiFi service in the center city area;

Whereas, in March of 2010 the City of Raleigh was named America's Most Wired City by Forbes, ranking higher overall than any other U.S. city in three measures—broadband penetration, broadband access, and plentiful WiFi hot spots;

Whereas, the City of Raleigh's experience demonstrates the economic development benefits of investment in the deployment of advanced networks by public and private providers;

Whereas, Senate Bill 87 and House Bill 129, companion bills entitled Level Playing Field/Local Gov't Competition, were introduced in the 2011 Regular Session of the North Carolina General Assembly; and

Whereas, if enacted the proposed legislation would not have leveled the playing field but instead would have hindered local governments from providing needed communications services, especially advanced high-speed broadband, in underserved areas and imposed burdensome obligations on local governments that private broadband providers would not have to meet;

Whereas, if enacted the proposed legislation would have denied local governments the availability of federal grants under the American Recovery and Reinvestment Act to assist in providing affordable access to high capacity broadband service in unserved and underserved areas; and

Whereas, private providers have not been willing or able to provide high-speed broadband services to...

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Posted March 22, 2011 by christopher

On Wednesday morning, March 22, the House Finance Committee will again consider H 129, a bill from Time Warner Cable to make it all but impossible for communities to build their own broadband networks. But now, as noted by Craig Settles, the momentum is shifting.

Last week, advocates had a big victory when Representatives Faison and Warren successfully amended the bill (each with his own amendment) to make it less deleterious to communities. Unlike the sham voice vote in the Public Utility Committee, Chairman Setzer of the Finance Committee had a recorded vote, allowing citizens to hold their representatives accountable.

After these amendments passed, the TWC lobbyist signaled for an aide. Shortly thereafter, the committee decided to table the matter until this week -- when TWC will undoubtedly try to remove or nullify those amendments.

In the meantime, AT&T has announced bandwidth caps, yet another reason the state is foolish to pin its broadband future on cable and DSL companies.

Compare AT&T's movement to less-broadband with Wilson Greenlight's recent dramatic price decreases in its ridiculously fast broadband network, causing at least one couple to move there! Greenlight is owned and operated by the public power company owned by the city.

Greenlight has signed up its first residential customers with the highest Internet speed available in Wilson.

Vince and Linda Worthington, former Johnston County residents, moved to Wilson after finding out that they could have access to 40 Megabits per second Internet speeds at a lower cost than what they were previously paying.

"We always wanted the 100Mbps service," she said. "When the price came down, we jumped on it." Greenlight, the city of Wilson's fiber-optic...

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Posted March 16, 2011 by ejames

Communities invest in telecommunications networks for a variety of reasons - economic development, improving access to education and health care, price stabilization, etc. They range from massive networks offering a gig to hundreds of thousands in Tennessee to small towns connecting a few local businesses.

This map tracks a variety of ways in which local governments have invested in wired telecommunications networks as well as state laws that discourage such approaches.

Our map includes more than 900 communities, of which more than 560 are served by some form of municipal network and more than 300 are served by a cooperative (updated January, 2020):
  • 63 municipal networks serving 125 communities with a publicly owned FTTH citywide network.
  • 63 communities with a publicly owned cable network reaching most or all of the community.
  • 237 communities with some publicly owned fiber service available to parts of the community (often a business district).
  • More than 120 communities with publicly owned dark fiber available.
  • More than 230 communities in 33 states with a publicly owned network offering at least 1 gigabit services. And at least 26 communities in 6 states with a municipal network delivering 10 gigabit services.
  • More than 330 communities served by rural electric cooperatives. 10 communities served by one broadband cooperative. (Communities served by telephone cooperatives will soon be on the map as well).

Nineteen states have barriers in place...

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Posted March 9, 2011 by christopher

The continuing saga of H129/S87 in North Carolina has proved at least one thing, Time Warner Cable knows how to pull the puppet strings. The bill was written by Time Warner Cable and pretends to be about creating a level playing field while it effectively outlaws community networks (and some public safety networks) -- much to Time Warner Cable's financial benefits.

It remains unclear whether Representative Avila, who is championing this TWC power grab, truly knows what she is doing or is simply ignorant and blindly trusts the TWC lobbyists actually running the show.

After Legislators received a torrent of phone calls opposing TWC's bill, Rep Avila promised to negotiate with communities to find some middle ground and ensure the legislation at least grandfathered existing community networks. Instead, she turned the meetings over to TWC to run -- rather than negotiating, they set their terms. She has made multiple public claims about being reasonable but in private, she has made it clear that this is Time Warner Cable's bill.

Communities are dead set against this bill, noting the many ways in which it creates unique barriers for their networks while giving a free pass to TWC. Hardly shocking as TWC wrote the bill and is calling the shots via Rep. Avila (whose own district opposes the bill).

Now Asheville has passed a resolution against the bill [pdf], fearing its passage would derail their public safety network. The staff report explains why:

The stated purpose of the bills is to protect jobs and promote investment in North Carolina. The mechanism for protection is structured as restrictions on local government on engaging in what governing boards deem to be public-purpose communication and/or broadband projects. While one might assume that the bill’s target of...

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Posted March 7, 2011 by christopher

Rockingham County has joined Raleigh in officially passing a resolution against legislation to cripple community networks in the state.

 

RESOLUTION
BY THE ROCKINGHAM COUNTY BOARD OF COMMISSIONERS
AGAINST SENATE BILL 87 and HOUSE BILL 129

WHEREAS, Senate Bill 87 and House Bill 129 have been introduced in the 2011-2012 Session of the General Assembly of North Carolina; and

WHEREAS, these bills do not provide a level playing field to cities, towns and counties, but greatly hinder local governments from providing needed communications services, especially advanced high-speed broadband services, in unserved and underserved areas; and

WHEREAS, these bills impose numerous obligations on cities and towns that private broadband companies do not have to meet; and

WHEREAS, private companies, despite having received favorable regulatory and tax treatment to enable broadband investment, have chosen to avoid the financial commitment necessary to provide top quality services to all residents and businesses; and

WHEREAS, while private companies declare top quality service is cost-prohibitive in our country, the United States continues to lose ground to other nations in broadband access, user cost and growth in number of users, falling behind the United Kingdom, Korea, France, Japan and Canada to name a few, and Japan has Internet access that is at least 500 times faster than what is considered high-speed in the United States and at less cost; and

WHEREAS, the bills would prohibit North Carolina cities and towns from using federal grant funds to 

deploy or operate locally-owned or operated broadband systems, thereby denying N.C. residents access to federal assistance available to the rest of the country and hindering employment opportunities; and

WHEREAS, deployment of high-speed Internet is a new public utility vital to the future economic development, educational outreach and community growth in North Carolina necessary to replace lost textile, tobacco, furniture and manufacturing jobs; and

WHEREAS, the General...

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Posted March 1, 2011 by christopher

As the North Carolina Legislature considers HB129 and S87 to greatly limit community broadband networks (we analyzed the bill here), it is worth taking a step back to understand why companies like Time Warner Cable provide broadband that is unreliable and comparatively both slow and costly without having other companies come in to offer a better product. The problem is basic economics: the problem of natural monopoly.

Ever wonder why you generally don't have a choice between two major operators like Comcast and Time Warner Cable? They have carved up the market due to the costs and difficulty of directly competing with one another.

Some folks have a choice of cable companies -- RCN and Knology, for instance, have been successful overbuilders in a few regions (though they went through troubles far worse than most public networks that have been termed "failures").

But for the most part, overbuilding an incumbent cable company is all but impossible -- especially for a private sector company looking for a solid return on investment inside a few years. In the face of a new cable entrant, massive companies like TWC start lowering prices, offering cash or other enticements, and lock both residents and businesses into contracts to deny the entrant any subscribers.

Companies like TWC can do this because they have lower costs (through volume discounts for gear, content, and even marketing synergies as well as because they long ago amortized the network construction costs) and can take losses in one community that are cross-subsidized by profits from non-competitive areas. New entrants, both private and public, have higher costs as well as a learning curve.

This is why we have so little broadband competition. Without competition, the few providers we have invest less and charge more, which is other countries are rapidly surpassing us (not because we have large rural areas, nonetheless a popular straw man).

In the face of this reality, communities have built their own networks for a variety of benefits, including creating competition or changing the dynamic of a duopolistic "market." Massive incumbent providers responded by claiming competition from communities was unfair and using their lobbying power to...

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