In early November, voters in 26 additional Colorado communities chose to opt out of SB 152. The state’s restrictive law took away local telecommunications authority in 2005. The results in many of the towns and counties were overwhelming majorities - loud and clear in favor of local authority. Now, 95 local communities across the state have reclaimed local authority.

We covered the election results in detail on MuniNetworks.org and what those results say about local communities’ desire for better connectivity. We spoke with local community leaders. As part of the Institute for Local Self-Reliance’s Building Local Power podcast, episode #5, Christopher and I also discussed what those results say about the desire to make connectivity choices at the local level.

Beyond Colorado...

In addition to Colorado, we also talked about local publicly owned networks in other parts of the nation and how they are changing the expectations for Internet users in urban and rural America.

We also discussed the general election results that brought Donald Trump to the presidency, specifically noting the impact that his ascension brings to local communities’ ability to provide Internet connectivity to their residents. We pondered the implications of a Trump presidency on the Institute for Local Self-Reliance’s mission of working across partisan lines in local communities.

We invite you to check out episode 5 of the Building Local Power podcast and check out other episodes, all highlighting the work we do at the Institute for Local Self-Reliance.

This is episode 229 of the Community Broadband Bits podcast. Former head of the FCC's Office of Strategic Planning and Policy Analysis Jon Chambers discusses how electric cooperatives can be the path to rural connectivity. Listen to this episode here.

Jon Chambers: There is no reason this country can't do today what our forefathers were able to do in the '30s which is delivered to rural areas the same kind of life that you can get in the rest of the country.

Lisa Gonzalez: This is episode 229 of the Community Broadband Bits Podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. More and more world telephone and electric cooperatives are offering high quality internet access to their members. Why? Rural communities are tired of waiting for national providers to bring the kind of activity they need and because the business model works. Jonathan Chambers, a partner with Conexon and former head of the FCC Office of Strategic Planning and Policy Analysis joins Christopher this week. They talked about the role of electric cooperatives in bringing broadband to rural America. Jonathan points out how cooperative Fiber-to-the-Home of deployments works so well in rural America where so many people need and want them. Chris and Jonathan discussed political perceptions how events in DC have sculpted the current internet access situation in rural America, and how Washington could help local communities in the future. Now, here are Chris and Jonathan Chambers on rural electric cooperatives and ways federal policy can improve rural connectivity.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits Podcast. I'm Chris Mitchell and today I'm talking with Jonathan Chambers. He's a partner with Conexon and formerly the head of the FCC Office of Strategic Planning and Policy Analysis. Welcome to the show.

Jon Chambers: Thank you, Chris. It's a pleasure to be with you.

A few of us from the Community Broadband Networks Initiative recently attended the BBC Community Toolkit Program & Economic Development conference in downtown Minneapolis. On the first day, Gigi Sohn, Special Counselor for External Affairs for Chairman Wheeler at the FCC received the award from the Coalition for Local Internet Choice for the Local Internet Choice National Champion. The Obama administration’s FCC, under the guidance of Chairman Wheeler and the sage advice of Gigi, has become enlightened to the positive potential of community networks. 

Pressing On

To their credit, the agency has dealt with a number of issues, including network neutrality and a number of other consumer centric matters. We have reported on some of them, but the most central to our work has been the issue of state laws that restrict the deployment and expansion of municipal Internet networks. Gigi, as one of Chairman Wheeler’s top advisors on this matter, played a pivotal role in helping the agency pursue municipal networks as a critical aid to local control, competition, and the ultimate national goal of ubiquitous Internet access.

Gigi reflected on the court battle that reversed the FCC ruling from 2015 preempting state barriers that prevent North Carolina and Tennessee municipal utility Internet networks from serving nearby communities. She noted that advocates shared truths about community networks with data about economic development, competition, and quality of life. The benefits of local authority became clear but, unfortunately, the courts showed us that this is not a battle to be fought on the federal level. The court may have agreed with the fact that municipal networks are beneficial, but they did not believe the FCC had the authority to preempt state laws, even if they are counter-productive.

In other words, in order to obtain local Internet choice, the fight has to also be local:

At a recent WRAL TechWire event, former Federal Communications Commission (FCC) chief of staff Blair Levin urged North Carolina communities to seek a repeal of a state law that restricts local telecommunications authority, reports WRAL TechWire.

“When the new General Assembly returns to Raleigh, tell the assembly to tear down the law that prevents faster, cheaper broadband,” Levin said in a keynote address at the WRAL TechWire Executive Exchange in Wilson, N.C. Wilson's municipal Greenlight network is among the first in the nation to offer high-quality Fiber-to-the-Home (FTTH) Internet access.  

Currently, North Carolina law HB 129 prevents Wilson from expanding its Internet access service area beyond Wilson County and discourages other communities from investing in similar infrastructure. HB 129 was the subject of a legal battle when the city of Wilson (pop. 50,000) wanted to provide Internet access to neighboring Pinetops (pop. 1,400) and other communities beyond the limitations of the state law. They challenged the law, as did Chattanooga, which faced slightly different restrictions in Tennessee.

In February of 2015, the FCC ordered that Wilson could serve communities beyond the county borders, but both states appealed, challenging the agency's authority. The federal appeals court reversed that ruling in August 2016.

Under the provisions of the North Carolina law, Wilson could lose it's exemption to offer service at all, but by temporarily providing free telephone and Internet access to Pinetops, they protect their exemption. Two state legislators have vowed to take action and try to get the state law changed during the next legislative session.

Consumers should be able to expect a certain amount of privacy and recent rules adopted by the FCC are a step in the right direction. That step has also revealed some key differences between profit-driven national Internet service providers, smaller ISPs, and municipal networks. The different attitudes correspond with the different cultures, proving once again that small ISPs and munis have more than just profit in mind.

On October 27th, the FCC adopted an Order to allow ISP customers to determine how their data will be collected and used. According to the FCC, they made the decision in response to public comments about the concern for personal data protection.

The New Rules

Over the past few years, consumers have become savvy to the fact that ISPs have access to personal data and that they often sell that data to other companies for marketing purposes. Under Section 222 of Title II of the Communications Act, telecommunications carriers are bound to protect their subscribers’ private information. Because those rule are designed to change as technology changes, says the FCC and Congress, this same authority applies to private data collected by ISPs. 

The FCC decided to divide the permission of use of personal information based on type, categorizing information into “sensitive” and “non-sensitive.”

Sensitive information will require ISPs to obtain “opt-in” consent from subscribers, which will allow them to use and and share this type of information:

• Precise geo-location 
• Children’s information
• Health information 
• Financial information
• Social Security numbers
• Web browsing history
• App usage history
• The content of communication 

Non-sensitive information would include all other information and customers would need to "opt-out" in order to prevent their ISPs from collecting such data. Examples of non-sensitive personal information include service tier information.

According to a 2014 Enforcement Advisory, cell phone and Wi-Fi jamming by state and local law enforcement is illegal by federal law. And yet, persistent allegations of jamming are coming from Water Protectors at the Standing Rock protests in North Dakota. Any jamming by law enforcement to monitor protestor cell phone communications is a serious breach of their Fourth Amendment rights as it amounts to unreasonable search and seizure. First Amendment rights of freedom of speech are also compromised when the method of transmitting reports is purposely blocked.

In order to pressure the FCC to determine whether jamming is happening in North Dakota, MoveOn.org has posted an online petition. From the petition:

Proving or disproving allegations about jamming is very difficult for anyone except the Federal Communications Commission [FCC]. Only the FCC can work with wireless providers, protesters, and local law enforcement to find out definitively what’s going on. The FCC is the only expert agency with authority to require law enforcement to disclose their use of any wireless devices and the only agency with the expertise to assess what is actually happening. If the FCC investigates and finds that there is no illegal jamming happening, then it can settle this concern. If the FCC discovers that there is illegal jamming happening, it has an obligation to expose the jamming and use its power under federal law to order local law enforcement to stop interfering with First Amendment rights of freedom of speech and freedom of the press.

As Harold Feld writes in his recent blog article, that the presence of IMSI catchers or Stingrays, leaves signs that the Water Protectors are experiencing at Standing Rock - sudden loss of a strong signal at inopportune times, cell phone batteries depleting quickly and inexplicably. Cell phones not only allow them to communicate with each other, but allow them to document law enforcement reaction:

This is episode 226 of the Community Broadband Bits Podcast. Joining Christopher Mitchell are Will Aycock and Suzanne Coker Craig. They discuss the situation in Greenlight and Pinetops as well as the importance of connectivity during the recent hurricane. Listen to this episode here.

Suzanne Coker Craig: We just think it's phenomenally important to our town, to really the existence and survival of our town.

Lisa Gonzalez: This is episode 226 of the Community Broadband Bits Podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. As many of our listeners know, in February 2015, the FCC issued an order that preempted restrictive state laws in Tennessee and North Carolina. The FCC's order allowed Greenlight, the municipal network developed by Wilson's electric utility, to expand its Internet access, telephone and video services outside of Wilson County. Pinetops, a small community of about 1300 residents, was connected soon after the FCC ruling and the community, its businesses and residents, finally received the high quality connectivity they needed to step into the 21st century. This last August, the order was reversed by the 6th Circuit for the US Court of Appeals. Wilson had to stop offering service to Pinetops or risk losing the exemption to the state law. In other words, stop serving Pinetops or the state would shut them down completely. In this interview, Chris talks with Will Aycock, Greenlight's General Manager, and later, Suzanne Coker Craig, a Pinetops business owner and town commissioner. Will describes a situation in the area, especially since the onset of Hurricane Matthew, which has hit Pinetops hard, and how Wilson found a way to continue to help its neighbor. Suzanne describes what it was like before the community had high quality services from Greenlight. She also describes how important the services are for the town, and how Greenlight has gone above and beyond to help the people of Pinetops. Now, here's Will Aycock, General Manager of Greenlight, and Suzanne Coker Craig, Pinetops' Town Commissioner and local business owner.

The town of Pinetops, North Carolina, has a six-month reprieve.

On October 20, the Wilson City Council voted to continue to provide telephone and Internet access to customers outside of Wilson County, which includes Pinetops, for an additional six months at no charge. As we reported earlier, the City Council had been backed into a corner by state law, which would force them to discontinue Wilson’s municipal Greenlight service, or risk losing their exemption entirely.

In August, the Sixth Circuit for the U.S. Court of Appeals reversed the FCC decision to preempt North Carolina’s state law that prevented Greenlight from serving nearby Pinetops. When Hurricane Matthew struck Pinetops, however, the Wilson community could not fathom piling yet another burden - lack of high-quality Internet access - on the struggling rural community.

"We Cannot Imagine..."

After examining the law and reaching out to state leaders, Wilson’s elected officials chose to provide services at no charge while state legislators work to change the current harmful state law. Once again, a community that offers publicly owned connectivity proves that there is more to the venture than profit. From a Wilson press release:

"Our broadband utility has always been about bringing critical infrastructure to people, improving lives and communities,” said Grant Goings, Wilson City Manager. “We cannot imagine being forced to disconnect people and businesses that need our services. We are thankful that, in partnership with our phone service provider, we have identified a way to keep folks connected while Rep. Martin and Sen. Brown work to fix this broken State law."