Tag: "state laws"

Posted February 11, 2017 by lgonzalez

Rights-of-Way rules vary from state to state and local policies can also influence how the publicly owned spaces are managed. Throw utility poles into the mix and the situation is even more complex. In order to help local communities get started on investigating pole attachment requirements in their states, Next Century Cities has published a Guide to Pole Attachments.

From the guide:

Utility poles have become one of the great battlegrounds in the effort to expand next-generation Internet network infrastructure deployment. Pole access determines whether a new provider is able to easily and cost effectively bring broadband infrastructure to a community. This in turn plays a significant role in the level of competition, and the services available to local businesses and residents. However, gaining access to these poles is often a long, difficult, and expensive process, making the barrier to entry incredibly high.

In addition to offering basics organized by state, the guide supplies information on One Touch Make Ready (OTMR) and FCC regulations. There are links to authorities you can use as starting points in your research, including FCC Report and Orders, state statutes, and policy papers. If you find yourself searching out pole attachment information on a regular basis, the guide is worth a bookmark. 

Posted February 4, 2017 by htrostle

The Colorado Senate Business, Labor, & Technology Committee will soon consider the proposed repeal of the state’s restriction on municipal networks. Under current state law, known as SB 152, local governments are not permitted to pursue a municipal network without first holding a referendum.

The Senate Business, Labor, & Technology committee will hold a hearing on the bill on February 13, 2017 at 2 p.m. The full text of the proposed repeal can be found on the Colorado General Assembly’s website.

Accepting Remote Testimony

Folks around Colorado can make their opinion heard without having to trek to the capitol. The committee will accept remote testimony on the issue. Those who wish to speak must register online in advance and choose from specific locations that have reliable connectivity. All of the remote testimony locations are colleges: Adams State, Mesa State, Fort Lewis College, Otero Junior College, and Trinidad State.  

Save Money, Restore Local Control

Senators Kerry Donovan and Lucia Guzman proposed SB 42 to repeal the onerous requirements of SB 152 and to restore local control to the city and county governments. Several communities that Senator Donovan represents have already held expensive referenda on the issue, and all have reclaimed local authority.

At this point, more than a third of all counties in the state have “opted out” of SB 152. To learn more about the state restriction and how almost one hundred communities have restored local authority, listen to the the Building Local Power podcast Episode 5

Posted February 1, 2017 by lgonzalez

Friends of Municipal Broadband are asking citizens who want the state to improve connectivity in Virginia to attend a hearing of the House Commerce and Labor Committee tomorrow, Feb. 2nd. They want Virginians to speak out against HB 2108, affectionately known as “Byron’s Bad Broadband Bill.”

As we reported last week, Governor Terry McAuliffe recognized the failings of the bill that would effectively put an end to local control of high-quality Internet access options. He threatened to veto it in its original form, so its sponsor and telecom industry darling Del. Kathy Byron revised the bill and removed it from the Jan. 26th agenda. She requested the committee take up the revision at tomorrow’s hearing, scheduled for 30 minutes after the close of Session.

Meeting Prep

Friends of Municipal Broadband has kept a close eye on the bill and its movement through the legislature. They’ve prepared a press packet, made available a detailed legal analysis, and arranged a press conference so local officials and representatives from potential private sector partners could comment.

They’ve prepared some talking points on the revised edition:

The new version of HB 2108 removes ALL FOIA exemptions related to municipal broadband. It also includes a number of duplicative line items to address issues that are already covered in existing code. 

This means that:

  • We won’t be able to protect our customers proprietary information, security protocols, and expansion plans
  • Competitors in the private sector will have access to every operating detail, strategy, and growth plan for our municipal networks
  • Standard Industry Contracts will no longer be able to be negotiated on a case by case basis....
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Posted January 30, 2017 by lgonzalez

Even after constituent calls and emails, and a threat from Governor McAuliffe to veto her bad broadband bill, Del. Kathy Byron is trying to shove through her anti-competitive HB 2108. The legislation will prove fatal for local telecommunications authority if it passes. The revised bill is up for a vote in the House Labor and Commerce Committee on Thursday, February 2nd; Byron is Vice-Chair of the Committee.

Here's The New Bill; Same As The Old Bill

If you’re curious to see the text of the new draft, it is now available on Virginia’s Legislative Information System (LIS). If you’re expecting something better than the original text, you will be disappointed. This version holds on to provisions that Byron’s influential friends in the telecommunications industry need to intimidate and lock out competition.

The revised bill still dictates rules on pricing for municipal networks and imposes heavy-handed transparency rules that put any proposal at a disadvantage. The aim is to discourage potential private sector partners who may wish to work with local governments. The new draft maintains broad enforcement provisions, which large, anti-competitive providers exploit as a delay tactic to bury a publicly owned project before it even starts.

Like it’s predecessor, it’s painfully obvious that this version of HB 2108 is a AT&T sponsored tool to scare off any competition.

Another Bad Review

On Friday, the Virginia Pilot joined a growing number of state media outlets, local governments, companies, and industry associations condemning the bill. Like others across Virginia who want every option to improve connectivity, the Pilot recognizes that municipal networks an important possibility. They also recognize that large corporate providers, such as AT&T, obtain a certain amount of protection from legislators like Byron, which is reflected in the...

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Posted January 30, 2017 by lgonzalez

As bills in Virginia and Missouri state legislatures are up for review this year, take a few minutes to listen to Christopher Mitchell and Lisa Gonzalez discuss state preemption, past, present, and future in episode 10 of the Building Local Power podcast

John Farrell from the Institute for Local Self-Reliance talks to them about the power of lobbying at the state level and how large national providers aim to control the market by using state laws. We’ve seen it happen in about 20 states and now local authority advocates are fighting to prevent HB 2108 ("Byron’s Bad Broadband Bill") in Virginia and a repeat of last year’s battle in Missouri with SB 186. If those state restrictions are allowed to become law, better connectivity for rural communities will be even more difficult to achieve because municipal networks will be all but stamped out. 

“These big cable and telephone companies are against competition,” says Chris Mitchell. “For them, they’ve grown up in monopoly environments. They are opposed to private-sector competition and public-sector competition.”

During the interview, Christopher and Lisa share examples of cost savings, economic development, and improved quality of life in communities where the big providers could not justify investment. Learn more about the who, what, and why companies like AT&T, Comcast, and CenturyLink spend millions on lobbying efforts in state capitols.

Building Local Power Podcast

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This is episode 10 of the Building Local Power podcast, a series that shares the work of staff at the Institute and focuses on local initiatives. With the current state of affairs so uncertain at the federal level, taking action in your own community is more important than ever. New episodes air every other week.

Check out...

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Posted January 26, 2017 by lgonzalez

Governor Terry McAuliffe is one of a many voices that are speaking out against Del. Kathy Byron’s Bad Broadband Bill, reports the Roanoke Times. According to a spokesman for the Governor, the original text of the bill would have faced certain veto.

The bill was on the January 26th agenda for the House Labor and Commerce Committee, but Del. Byron chose not to present it after all. Instead, it will be on the February 2nd agenda.

The bill was altered before today’s hearing, but the changes still don’t make it worth passing. As it was before, HB 2108 remains the latest big telephone and cable lobbyists' attempt to restrict municipalities from exercising their own local authority. The purpose is to body-block any current or future competition from publicly owned networks and stop public-private partnerships. They want to maintain existing monopolies. 

Governor McAuliffe recognized it and his staffer Brian Coy told the Times via email:

“The Governor is working hard to expand access to broadband Internet across the Commonwealth,” Coy wrote. “That goal requires fostering competition, not stifling it.”

McAuliffe echoed the sentiments of a long list of experts, private companies, and associations who joined together and drafted a letter to the Chair and Members of the Committee. In the letter, they explained why HB 2108 would harm Virginia’s efforts to improve access to fast, affordable, reliable connectivity, especially in the rural areas.

Even those staunch free-market advocates are poo-pooing HB 2108. The Daily Yonder quoted conservative blogger Susan Sili about the bill:

“This is completely frustrating from a local perspective where we have spent years trying to convince citizens in Caroline [County] to vote for less government and free enterprise in a blue county. This kind of U-turn from our creed certainly isn’t helping.”

...
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Posted January 25, 2017 by lgonzalez

On January 26th, one half hour after the House adjourns, the Virginia House Commerce and Labor Committee will hear HB 2108, known around our office as “Byron’s Bad Broadband Bill.” We encourage you to contact members of the committee to let them know that the bill is not good for bringing better connectivity to Virginia, especially in rural areas. It’s another piece of legislation written by big cable and telco lobbyists aimed at blocking competition.

If you live in Virginia or one of the Delegates on the Committee represents your district, be sure to mention that you vote. 

Members of the House Commerce and Labor Committee and their contact information are listed on the Committee website. They provide email and phone numbers all in one place.

This Bill...Not Our Kind Of Bill

As we noted when we first reported on the bill, Byron is Vice-Chair of this committee. We’ve also reflected on her position as Chair of the Virginia Broadband Advisory Council and why on earth she would introduce bills that are counter productive to the mission of the Council - to offer advice and solutions aimed at improving broadband access across the state. The chemistry between the citizen members of the Council and the Legislative members assigned to the committee call into question the reasoning behind the content of HB 2108. Phil Dampier recently wrote a compelling article on the situation in Stop the Cap.

Keep It Simple

The bill has been the subject of much derision in the local and national press, but if Virginia House Republicans are determined to test it in Committee, they should be prepared for constituent phone calls and emails. As a reminder, contact with Legislators about their bills are most effective when they focus on the content of the bill and...

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Posted January 20, 2017 by lgonzalez

Conflicts of interest have been front and center in federal politics this election cycle, but there is another place where we see a grey cloud of impropriety: the Virginia General Assembly. More specifically, above the head of Republican Delegate Kathy Byron, who last week introduced HB 2108, the “Broadband Deployment Act.” 

Policy Payola?

We noticed Byron is inclined to accept sizable campaign donations from big cable and DSL corporate friends, but Phil Dampier’s excellent article on Stop the Cap! took a deeper look at her dubious connections. Tracing campaign dollars from state legislators who sponsor these bills back to companies like Verizon ($36,100 for Byron), Comcast ($3,000), AT&T ($9,250), and CenturyLink ($3,500) is no surprise. Finding similar connections to their state lobbying groups such as the Virginia Cable Telecommunications Association is also typical (a generous $15,000). For people like Dampier and us, it's kind of par for the course.

Campaign contributions call into question a legislators motivations but Byron has other connections that her constituents, colleagues in the General Assembly, and other Virginians need to examine as they consider HB 2108 and her role as a policy maker in state government:

From Stop the Cap!:

Since 2008, Stop the Cap! has reviewed industry-sponsored municipal broadband ban bills, and none to date have illustrated the level of conflict of interest we see here. We call on Virginian officials to carefully investigate the ties Ms. Byron has to cable and phone companies and the ethical concerns raised from her involvement in key state bodies that can make or break rural broadband in Virginia. Byron increasingly exposes an agenda favoring incumbent phone and cable companies that just happen to contribute to her campaign — companies she seems willing to protect at any cost.

The section of her bill detailing requirements for community providers seeking to expand requires them to ask permission from an entity known as the Virginia Broadband Advisory Council, which Byron disturbingly chairs. If the...

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Posted January 20, 2017 by htrostle

Last week, Virginia State Delegate Kathy Byron introduced a bill that, if passed, will cripple attempts for municipalities to improve local connectivity. HB 2108, the “Virginia Broadband Deployment Act, imposes specific requirements on municipal networks that would greatly limit whether communities could offer Internet access or work with private sector partners.

The City of Roanoke and Franklin County wasted no time in unanimously passing resolutions to oppose the Virginia bill.

Franklin County Formally Opposes HB 2108

The Franklin County Board of Supervisors swiftly drafted their resolution in order to take it to the press conference in Richmond the next day. Reprinted below is the text of the Franklin County Resolution: 

WHEREAS, broadband access and reliability are essential to citizens, businesses, and non-profits in Franklin County; and

WHEREAS, citizens, businesses, and non-profits desire faster and more reliable broadband speeds; and

WHEREAS, areas of Franklin County lack broadband access; and

WHEREAS, we seek to maximize County policy and funding options to improve broadband access and reliability; and

WHEREAS, Franklin County seeks to protect the proprietary information of local businesses;

NOW BE IT THEREFORE RESOLVED, we the Franklin County Board of Supervisors do hereby formally oppose House Bill 2108, the Virginia Broadband Deployment Act.

City of Roanoke: "We Say No Way"

The City of Roanoke Council unanimously passed a similar resolution condemning the bill. Several council members specifically discussed the impact of such legislation on the new Roanoke Valley Network and on their community’s Internet access.

The Roanoke Times covered the discussion in detail....

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Posted January 19, 2017 by lgonzalez

When Delegate Kathy Byron introduced HB 2108, cheekily titled the “Broadband Deployment Act,” she might have not have expected so much attention from local and national reporters. Local media outlets, especially in areas directly threatened by the bill, are alerting constituents about threats to improve local connectivity. National news is also covering the story, describing how Virginia communities that can't get high-quality connectivity from national providers could fall victim to big cable and DSL lobbyists if HB 2108 passes. Constituents are taking notice, but the legislative session is just getting started in Virginia.

Local Media Reaching Local Constituents

The Roanoke Valley is especially vulnerable to the perils of HB 2108. After a contentious process, the Roanoke Valley Broadband Authority (RVBA) completed an open access fiber-optic network to meet the needs of local businesses, schools and libraries, and other facilities. Byron’s bill would make it practically impossible for the RVBA to expand to nearby counties by preventing them from obtaining high-quality connectivity and the benefits that accompany it. Without the ability to serve more customers, the RVBA faces a tenuous future. Smith told WSLS TV 10:

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“It hurts the area. It hurts us as the Roanoke Valley Broadband Authority, but more importantly it hurts across the Commonwealth of Virginia, its ability to be able to serve and use technology to serve economic development,” said Frank Smith.

The Roanoke Times quickly reported on the bill when Byron introduced it, noting that it would stifle the RVBA’s attempts to encourage competition, an economic development driver:

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“It may serve the incumbent [providers] to reduce competition,...

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