Tag: "state laws"

AL Committee Kills Bill For Better Connectivity

Posted April 6, 2017 by lgonzalez

When Alabama State Sen. Tom Whatley from Auburn spoke with OANow in late March, he described his bill, SB 228, as a “go-to-war bill.” The bill would have allowed Opelika Power Services (OPS) to expand its Fiber-to-the-Home (FTTH) services to his community. On Wednesday, April 5th, his colleagues in the Senate Transportation and Energy Committee decided to end the conflict in favor of AT&T and its army of lobbyists.

The final vote, according to the committee legislative assistant, was 7 - 6 against the bill. She described the vote as bipartisan, although the roll call isn’t posted yet, so we have not been able to confirm.

According to Whatley:

“AT&T has hired 26 lobbyists to work against me on that bill. It really aggravates me because I have boiled one bill down to where it only allows Opelika to go into Lee County. It cuts out the other counties.”

Whatley has introduced several bills this session and in previous legislative sessions to allow OPS to expand beyond the state imposed barriers to offer services in Lee County. Alabama law doesn’t allow OPS, or any other municipal provider, to offer advanced telecommunications services outside city limits. SB 228 would allow Opelika and others (described as a “Class 6 municipalities”) to offer services throughout the counties in which they reside. A companion bill in the House, HB 375, is sitting in the House Commerce and Small Business Committee.

Rep. Joe Lovvorn, who introduced HB 375 agrees with Whatley:

“If it doesn't make sense for a large corporation to go there, that's OK that's their choice,” he said. “But they don't have the right to tell, in my opinion with my bill, the city of Opelika they can't serve them either.”

AT&T’s lobbyists aren’t the only big...

Minnesota Lawmakers Introduce Internet Privacy Protections

Posted March 31, 2017 by lgonzalez

After elected officials in Washington, D.C., voted to allow ISPs to invade their customers’ privacy online, leaders in Minnesota took steps to protect constituents. A recent amendment in St. Paul may be setting some new rules for ISPs operating in the Land of 10,000 Lakes.

Taking Action In Minnesota

Both the state House and Senate approved omnibus bill amendments that prevent ISPs from collecting the personal data resulting from customer use of the Internet. The Senate amendment language, introduced by Ron Latz, reads like this:

No telecommunications or internet service provider that has entered into a franchise agreement, right-of-way agreement, or other contract with the state of Minnesota or a political subdivision, or that uses facilities that are subject to such agreements, even if it is not a party to the agreement, may collect personal information from a customer resulting from the customer's use of the telecommunications or internet service provider without express written approval from the customer. No such telecommunication or internet service provider shall refuse to provide its services to a customer on the grounds that the customer has not approved collection of the customer's personal information.

The body voted 66 - 1 to adopt the language into the Senate omnibus jobs bill, SF 1937. In the House, an almost identical amendment was adopted into HF 2209, their economic development omnibus bill. The Senate version added the last sentence, preventing ISPs from denying service unless a customer allows their ISP to collect data.

After the amendment was included in the bill, Sen. Latz commented that the language was, “about standing up and saying that our online privacy rights are critically important.”

Latz's office told us that, since federal law is silent on this particular issue, the state may enact this...

Unpacking Policies In West Virginia's HB 3093

Posted March 29, 2017 by lgonzalez

West Virginia rural communities struggle with access to broadband but a bill in the state legislature is taking some first steps to encourage better connectivity. HB 3093 passed the House with wide support (97 - 2) and has been sent on to the Senate for review. The bill doesn’t appropriate any funding for Internet infrastructure projects around the state, but adopts some policies that may help local communities obtain better connectivity.

Revenue Neutral And Popular

The state is facing a $500 million budget deficit and lawmakers don't have the appetite to appropriate finds for Internet infrastructure projects. As in most states, policy bills do well during times of financial strife. Elected officials still want to do what they can to encourage better broadband so, according to at least one lawmaker, the revenue neutral nature of the bill has contributed to its success in the legislature. Delegate Roger Henshaw, one of the bill's co-sponsors, told Metro News:

“Notice this is a revenue-neutral bill,” Hanshaw said. “That’s in fact one of the reasons we’re rolling it out now. We have other bills here in both the House and Senate that are not revenue-neutral bills that were on the table for consideration.

“But with the clock ticking on us, it became clear that we probably ought to be looking at options to advance service that didn’t even have the possibility of a financial impact. This bill does not.”

Check out the 3-minute interview with Hanshaw on Soundcloud.

The Broadband Enhancement Council

West Virginia’s Broadband Enhancement Council was created in a previous session and receives more authority and responsibility under HB 3093. They are tasked with the authority to, among other things, gather comparative data between actual and advertised speeds around the state, to advise and provide consultation services to project sponsors, and make the public know about facilities that offer community broadband access.

HB 3093 briefly addresses the creation of the “Broadband Enhancement Fund," and addresses how the funds should be spent. For now, the fund remains dry...

Transcript: Community Broadband Bits Episode 244

Posted March 20, 2017 by Staff

This is the transcript for Episode 244 of the Community Broadband Bits podcast. Christopher Mitchell speaks with Tom Stehn of West Plains, Missouri, on how the community is encouraging economic development. Listen to this episode here.

Tom Stehn: Businesses look to expand, move to other locations. There's usually five questions they ask, and one of them is always what kind of broadband do you have?

Lisa Gonzalez: This is episode 244 of the Community Broadband Bits Podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. West Plains, Missouri, located in the south central part of the state, is situated in the Ozarks, and known for its beautiful terrain, forests, and vistas. Despite attracting outdoor enthusiasts, the community has suffered some economic losses in recent years and is taking steps to boost economic development. Recently the city began offering high quality connectivity to local businesses. Tom Stehn, City Administrator, talks to Christopher this week about the city's foray into municipal Internet infrastructure. Tom describes how the city's plan to update municipal services led them to discover that local businesses also wanted better connectivity. He describes the city's project, their plan, and how they're starting out slowly to address any challenges they encounter along the way.

Christopher Mitchell: Hey everyone. I just wanted to thank you for listening and helping out to create a stronger Internet ecosystem, making sure everyone has high quality access. Please tell your friends, tell others who might be interested, about this show. If you have a chance to rate us on iTunes, please do. Several people already have. We really appreciate all of the comments, and we really appreciate you taking the time to listen to us.

Lisa Gonzalez: Now here's Tom Stehn, City Administrator, of West Plains, Missouri, talking with Christopher about the community's municipal fiber project.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits Podcast. I'm Chris Mitchell. Today I'm talking with Tom Stehn, the City Administrator of West Plains in Missouri. Welcome to the show.

Tom Stehn: Thank you, glad to be here...

West Plains Builds Network to Preserve Jobs - Community Broadband Bits Podcast 244

Posted March 14, 2017 by christopher

West Plains is one of the many population centers of rural regions that have been left behind by big cable and telephone companies. Located in the scenic Ozarks of southern Missouri, they are taking their digital future into their own hands with a modest fiber-optic investment.

City Administrator Tom Stehn strolls by our podcast this week to discuss what they are doing and why with a municipal fiber network that will connect anchor institutions and local businesses with high-quality Internet access.

We discuss the need, how they are financing it, and why the state legislature should not enact new barriers to local solutions. The community has already been placing conduit as part of a larger undergrounding effort, which will help them to expand the network over time.

Read the transcript of the show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 17 minutes long and can be played on this page or via iTunes or via the tool of your choice using this feed.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Break the Bans for the music. The song is Escape and is licensed under a Creative Commons Attribution (3.0) license.

Rural Broadband Day On The Hill In MN March 15th

Posted March 10, 2017 by lgonzalez

Minnesotans are known for their penchant for politics, their belief in strong local communities, and their love of getting together. As high-quality connectivity becomes a critical component of every day life, people who live in rural areas of Greater Minnesota are coming together in St. Paul on March 15th. The Minnesota Broadband Coalition is sponsoring the first Rural Broadband Day on the Hill.

A Panel And A Press Conference

Registration for citizen lobbyists filled quickly, but there will be a Broadband Issues Legislator Panel at 9:15 central time in Room N 500 of the State Office Building. It will include Representatives Layman, Garofalo, Baker, and Johnson, Senator Simonson, DEED Office of Broadband Development Director Danna MacKenzie and will be moderated by Steve Kelley, Sr Fellow Humphrey School of Public Affairs.

There will also be a press conference at 10 a.m. moderated by Steve Fenske, from the Minnesota Association of Townships. Speaking at the press conference will be several rural Minnesotans, including local broadband leaders:

Mark Erickson - Mark was instrumental in establishing the RS Fiber Cooperative
Joe Buttweiler - Joe is at Consolidated Telecommunications Cooperative now, but he was one of the leaders on the Arrowhead Electric Cooperative infrastructure in Cook County
Marc Johnson - He’s with the East Central Minnesota Educational Cable Cooperative (ECMECC) now and has extensive experience in education and the connectivity needs of anchor institutions
Chuck Novak - As Mayor of Ely, Chuck’s priorities are economic development and high-quality connectivity in his city
Sophia Stading - Sophia attends 6th grade in rural Lake Crystal, Minnesota
Sammie Garrity - Sammie is also in 6th grade and lives in Lutsen. He attends school in Grand Marais.

For more on the speakers and the agenda, check out...

Morristown And Newport Buddy-Up For Broadband In Rural TN

Posted March 6, 2017 by lgonzalez

Morristown Utilities Commission (MUC) and Newport Utilities (NU) in Tennessee have taken the first monumental step in partnering to bring high-quality connectivity to NU customers. Both entities passed resolutions for an interlocal government agreement that will bring MUC’s FiberNET to Newport.

A Win-Win

“This is hopefully going to be a win-win for both Newport and MUC, that we would provide services for them to put a three-way package into at least part of their service area,” MUC Chairman George McGuffin said. ‘‘This is essentially the first step, as far as agreements.”

The plan will allow MUC to expand its “light services,” which includes FiberNET, to NU’s service area in several phases. The first phase will allow more than 8,000 potential subscribers, or 47 percent of Cocke County households, to obtain FiberNET services. Phase One is scheduled to be completed in 2017; the partners also expect to begin Phase Two construction during the second quarter.

FiberNET

Morristown and its gigabit network FiberNET have been on our radar for a long time. We’ve written about how this community, a relatively early adopter of the Fiber-to-the-Home (FTTH) network, has saved the community in several ways. By lowering electric costs with a smart meter program and by generally lower Internet access costs for government, businesses, and residents, FiberNET is saving Morristown in the tens of millions. The network is also attracting new jobs and contributing to city coffers through payment in lieu of taxes (PILOT).

Listen to General Manager and CEO Jody Wigington talk to Christopher about Morristown’s decision to invest in Internet infrastructure. He visited us for episode 35 of the Community Broadband Bits podcast in 2013.

Friends For Light

...

TN Sen. Bolling Explains Her Proposal: Share This Video

Posted March 4, 2017 by lgonzalez

Tennessee State Senator Janice Bowling, a Republican from Tullahoma, has once again introduced legislation that would help bring high-quality connectivity to rural residents and businesses. The bill is not complicated and would allow municipal electric utilities that offer broadband connectivity to expand beyond their electric service area. In a video from 2015 Senator Bowling takes a few minutes to explain her proposal - to eliminate the restriction and allow places like Tullahoma, Chattanooga, and Clarksville to serve neighboring communities.

This year, the bill that eliminates the restriction is SB 1058 and its House companion is HB 0970 from Representative Dan Howell. For now, her bill is in the Senate Commerce and Labor Committee waiting to be heard. Sen. Bolling has also introduced similar bill that allows municipal electric utilities to offer telecommunications service with no geographical limitations.

Senator Bolling gets it. She understands that the people of her district and the rest of rural Tennessee need high-quality connectivity to keep pace with areas that already have such access. We’d like to see more legislators like her who put the needs of their constituents before the interests of the big cable and telephone companies.

In the video Senator Bolling describes why the bill, which she has introduced several times, has not passed. She explains what the bill does legally and practically, and she gives a frank assessment of what the situation is now in many rural areas of her state. Even though the video is from 2015, her comments are still relevant.

The video is short and to the point - only 4:20 - check it out and share.

Senate Committee Passes SB 186 In MO

Posted February 28, 2017 by lgonzalez

Reincarnated from last year’s anti-muni bill in Missouri, SB 186 was heard in the Senate Local Government and Elections Committee on St. Valentine’s Day. The sweetheart’s gift to the national cable and DSL companies, however, didn’t come until today. The committee held its executive hearing, voted the bill “do pass,” then sent it on its merry way. According to a very helpful staff member at the Missouri State Legislature, the bill will now be put on the informal Senate calendar and can be picked up at any time by Senate leadership for a vote by the full Senate.

As we reported in January, SB 186 fattens the state’s existing laws that insert state government between a local community and its ability to make its own choices about its broadband future. Just like last year’s HB 2078 (this bill’s dead twin), SB 186 makes it extremely difficult for municipalities and local governments to use their own infrastructure to work with private sector partners. The bill comes from lobbyists representing large incumbents who want to ensure their monopoly positions, even if it means sacrificing rural peoples’ ability to participate in the modern economy.

If you live in Missouri, take a moment to call or email your Senator and tell them that, if this bill comes before you on the Senate floor, you want them to push the red button to kill it. Even if you live in an area where you already have high-quality Internet access, consider the principal that state government calls the shots on an issue that should be determined by local people. This bill impinges on local decision-making authority.

If you don’t live in Missouri you can still contact State Senators to let them know that the bill is harmful to rural areas, antithetical to the competitive spirit, and should be done away with as soon as possible.

TN Bills Worth Watching, Supporting

Posted February 21, 2017 by lgonzalez

While Tennessee Governor Bill Haslam’s “Tennessee Broadband Accessibility Act” has been in the news, several other Legislators have introduced companion bills earlier this month that deserve attention.

A Few Gems

SB 1058 and HB 0970, from Senator Janice Bowling and Representative Dan Howell, would allow municipal electric utilities, such as Chattanooga’s EPB, Tullahoma Utilities Board, or Jackson Energy Authority to expand beyond their electric service area. SB 1045 and HB 1410 reclaims local authority for municipalities that want to offer telecommunications service either alone or with a partner.

HB 0970 has been assigned to the House Business and Utilities Committee; SB 1058 was referred to the Senate Commerce and Labor Committee.

Bowling has also introduced SB 1045, a bill that allows municipal electric utilities and electric cooperatives the ability to offer telecommunications services either on their own or with private sector partners. SB 1045 and it’s companion, HB 1410, sponsored by Terri Lynn Weaver in the House, specifies that there are to be no geographic limits to the service area. SB 1045 and HB 1410 are also in the same committees as SB 1058 and HB 0970.

Correcting Existing Problems

The EPB challenged restrictive state law in 2015; the FCC determined that the law was inconsistent with federal goals. The agency preempted both Tennessee and North Carolina's laws that inhibit municipal electric utilities from expanding. When Tennessee and North Carolina appealed the FCC decision, however, the appellate court determined that that states had the right to impose those laws on local communities and reversed the preemption.

Tennessee's current state law prevents municipal electric utilities that offer Internet access and/or video within their electric service area to expand beyond those geographical limits. These new bills propose removing the restrictions; they also contain a clause...

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