Plans for Holston Electric Cooperative to offer television service as part of its Fiber-to-the-Home (FTTH) network deployment are on pause following allegations from the east Tennessee co-op that broadcasting company Nexstar Media Group refused to engage in “good faith” negotiations over retransmission consent agreements.

Holston Electric Cooperative established its broadband subsidiary, HolstonConnect, in late 2017 after a state law change removed restrictions on rural electric co-ops. Currently, HolstonConnect is in phase one of its FTTH project, which will bring high-quality Internet access to underserved communities in Rogersville, Surgoinsville, and nearby areas. Subsequent deployments will connect the remainder of the cooperative’s service territory, partially aided by federal funding from last year’s Connect America Fund phase II reverse auction.

From the start, the co-op planned to offer a “triple play” of broadband, voice, and video services. However, failure to come to an agreement with Nexstar, one of the nation’s largest station operators, over access to essential local channels has delayed the delivery of television services to HolstonConnect subscribers. In early March, Holston filed a complaint against Nexstar with the Federal Communications Commission (FCC), arguing that the broadcasting company demanded exorbitant fees and unfair station tying arrangements during negotiations with the co-op.

“Failure to Negotiate in Good Faith”

To carry popular television programming, networks must sign cable retransmission consent agreements with regional station operators. The FCC requires that these companies behave in “good faith” and make tangible efforts to engage in negotiations.

The federal government shutdown continues to drag on, but people heading up rural broadband projects are not waiting until it’s over to investigate federal funding sources. Tools like the ReConnect Opportunity Map from Cooperative Network Services (CNS) will help reduce some of the uncertainty and time required to prepare an application for this and other funding opportunities.

The GIS tool focuses on the ReConnect grant program’s criteria, which will allow users to quickly identify census blocks across the U.S. that are eligible for funding. CNS has also added special color-coding to display density of households and included information about those census blocks to help complete the applications. Examining density of households per road mile allows planners to more quickly prepare an application and establish a cost estimate. The map digs down even further to give information on housing units, which will help with refining deployment costs.

The tool also allows users to define deployment areas on the map and run reports that include census block identifiers, households, and populations per mile. Even if the specific identified area doesn’t qualify for ReConnect funding, the information can be used for other purposes, such as for a potential project that might qualify for other funding or might be of interest to an Internet access provider looking to expand in the area.

Check out this sample screenshot and the explanation below:

View a larger version of the screenshot.

This image of an area in Minnesota indicates census blocks that do not currently have broadband speeds over 10 Megabits per second (Mbps) download and 1 Mbps upload. The blocks are color-coded based on the number of housing structures per road mile (darker = more housing units per road mile). Small dark spots are structures. The number of households per road mile shading allows users to quickly identify areas that may make the most sense to target since road miles generally equate to fiber construction corridor miles.

More Than ReConnect

As our readers begin their holiday celebrations, some may remember our spin on the classic Christmas tale, "How The Grinch Stole Christmas" by Dr. Seuss. Although several states have passed or are considering legislation to combat Grinchy-Pai and the other FCC Commissioners who erroneously repealed federal network neutrality protections in 2017, their decision has still left millions unprotected.

We decided to share the poem again this year in the hopes that, perhaps, it will be the last time! Enjoy!

The Grinch Who Stole Network Neutrality

A holiday poem in the style of "How The Grinch Stole Christmas" by Dr. Seuss.

Every American online liked network neutrality a lot

But the FCC’s Grinchy Pai, former lawyer for Verizon, did not!

Pai hated net neutrality! He despised it, he dreaded it!

And on December 14th, he and his cronies, they shredded it.

It could be, perhaps, that he wanted more dough.

ISPs could make more with lanes fast and lanes slow.

But whatever the reason, cash or prestige,

His choice pissed off subscribers by many degrees.

Americans cried out in anger and dismay!

“We like net neutrality! Don’t take it away!”

“It’s good for free speech and new businesses too! Selling, reporting, and artistic debut!

We need it for school kids who have tests to take.

We need it for far away doctors with prognoses to make.

We need it so businesses can hit the ground running.

We need it for working from home, for homework, for funning.

We need it to save money. To get good Internet service.

We don’t want ISPs to decide what to serve us.”

“You have market protection,” he said with a snort.

But ILSR elves proved there was nothing of the sort.

When he spoke at the “Free Speech America” Gala in October, did FCC Commissioner Mike O’Rielly think he would still be explaining himself almost two months later? After trying and failing to justify his false claim that munis violate the First Amendment, he’s once again on the defensive. He's getting no help from the big national ISPs he's trying to support.

“Flirting With A Perverse Form of Socialism"

In October, O’Rielly’s accused municipal networks, including Chattanooga’s EPB Fiber Optics, of violating the First Amendment by limiting subscribers free speech. Journalists and organizations who know better were quick to correct him. In a December 13, 2018, blog post, he lashed out at his critics and tried to defend or explain his earlier comments, but once again missed the mark.

In his newest commentary, O’Rielly dramatically describes local decisions to invest in broadband infrastructure as “flirting with a perverse form of socialism.” He goes on to state that publicly owned networks deter private entities from entering the market. He’s correct if we only consider the large, corporate ISPs that refuse to compete with anyone on order to preserve the characteristics monopolies created through concentration of power: shoddy customer service, unchecked rates, and lackluster Internet access.

If we look at private ISPs more interested in serving the local community than in boosting share prices, however, we see some healthy competition. As in the case of Grant County, Washington, where more than a dozen ISPs offer services via the Grant County PUD open access network, if a private provider doesn't perform to subscriber standards, there are others to try.

When considering Iowa, what comes to mind? Open fields? Livestock? High-quality Internet access? According to the FCC, if you live in Iowa, your broadband problems are over. Of course, as ILSR Research Associate Katie Kienbaum points out in her recent piece in the Des Moines Register, the reality in the Hawkeye State is quite different than the FCC’s flawed stats report. The reason is the FCC’s infatuation with satellite Internet access — a view that has some real consequences for Iowa and its people. Read the piece in its entirety here or at the Des Moines Register:

FCC says satellite connectivity is good enough for rural Iowans. It’s not.

Everyone in Iowa has access to broadband, according to the federal government. In fact, two-thirds of Iowans can supposedly subscribe to at least three different broadband providers.

Surprised?

You should be. The hundreds of thousands of rural Iowans who struggle to get good connectivity are.

The sizable disconnect between federal statistics and reality is a result of the Federal Communications Commission (FCC) classifying satellite Internet access as high-speed broadband. Since every census block in Iowa has access to satellite connectivity, everyone is officially considered served.

However, by accepting satellite Internet access as “good enough,” the federal government is dooming rural Iowans to second-rate connectivity, effectively shutting them out of the modern economy.

Anyone stuck with Internet access from a satellite provider will tell you that it’s not true broadband. Speeds are much slower than cable or fiber, and high latency, or signal transmission time, makes it practically impossible to use for video or phone calls. On rainy days, you might not get service at all. This poor quality isn’t even reflected in the price. Satellite providers often charge more than other types of Internet access providers, while forcing subscribers to decipher complicated data plans and sign on to long contracts.

On October 24th, FCC Commissioner Mike O’Rielly spoke before the Media Institute at their “Free Speech America” Gala. In a speech for the telecom-backed group, O’Rielly delivered exactly what many of the big hitters in the audience would want to hear. He falsely accused, with nothing to back up his claims, municipal networks of posing  an “ominous threat to the First Amendment.”

Whaaaa?

Karl Bode reported on the event, noting that O’Rielly goes on to falsely claim that local governments have or will attempt to limit free speech through municipal networks. Bode immediately addressed the baseless statements and reached out to Christopher, who confirmed that, ”There is no history of municipal networks censoring anyone's speech.” Jon Brodkin at Ars Technica also wrote a well-reasoned article reminding readers that O'Rielly previously called rules to protect against censorshop by ISPs "baseless fearmongering." Huh... that sounds right. 

Apparently, the impressionable O'Rielly had been reading up before his speech and had just put down a copy of a document from the Free State Foundation, an organization funded in part by deep pocketed ISPs. The document implied that community networks would be more likely to interfere with free speech. Such is the disinformation game.

The American Civil Liberties Union has addressed this concern in the past because they oppose any efforts to censor speech, whether by government or corporations. In their paper on municipal broadband networks, they wrote:

And indeed, First Amendment principles prevent the government from targeting certain ideas or viewpoints for censorship or reduced access. Governments risk violating the Constitution if they create blacklists of disfavored websites, only permit access to “approved” websites, engage in content filtering, or ban anonymous online browsing or writing.

For all their attempts to tout their accomplishments, the current FCC under Chairman Ajit Pai is failing miserably at the their promise to shrink the digital divide in America. In a recent commentary in The Hill, policy and program manager for Next Century Cities Cat Blake explains how, rather than reducing the gap between Internet haves and have-nots, policy changes under the new administration is making the problem worse. Cat offers a few specific examples of policies and actions taken by the current FCC that have not only aggravated the problem of digital inclusion, but masked the realities of its severity.

Lifeline Under Attack

The federal Lifeline Program offers subsidies for phone and Internet access connections for low-income folks. Blake writes that this tool, one of the most effective in allowing people to obtain access to the Internet, is one of Pai’s targets — a big target:

Pai’s proposed changes would cut off approximately 70 percent of the 10 million program participants — including approximately 44,000 individuals in DC alone — widening the digital divide among the country’s most vulnerable populations. Lifeline is the only federal program that provides subsidies to disadvantaged Americans for 21st century communications services and it is relied upon by victims of domestic violence, military veterans, homeless youth and others to stay connected.

Broadband Deployment

Pai has continuously claimed that the current FCC has “taken significant steps to expand broadband deployment in previously unserved parts of our country.” While the 2018 Broadband Deployment Report offered a six percent increase in the number of people with access to broadband — increasing to 95 percent — Blake notes that the increase wasn’t purely due to deployment: