FCC Chairman Tom Wheeler is prepared to roll back restrictions that prevent local governments from deciding if a municipal network would be a wise investment. At the Cable Show Industry conference in Los Angeles, Wheeler told cable industry leaders the FCC will wield its powers to reduce state barriers on municipal networks.

Wheeler spoke before the National Cable & Telecommunications Association (NCTA) on April 30. These words perked up our ears and those of community networks advocates across the U.S. From a transcript of Wheeler's speech: 

"One place where it may be possible is municipally owned or authorized broadband systems. I understand that the experience with community broadband is mixed, that there have been both successes and failures. But if municipal governments—the same ones that granted cable franchises—want to pursue it, they shouldn’t be inhibited by state laws. I have said before, that I believe the FCC has the power – and I intend to exercise that power – to preempt state laws that ban competition from community broadband."

As our readers remember, a January DC Circuit Court of Appeals decision opened the path for the FCC to take the action Wheeler proposes. Since then, communities have expressed their desire for local authority with resolutions and letters of support. Communities in Michigan and Louisiana, Georgia and Idaho, Illinois, Maryland and Kansas, have shared their resolutions with us. A number of other communities have issued letters of support encouraging action under section 706.

Christopher Mitchell recently spoke with Ian Masters on the Background Briefing show from KPFK-FM in Los Angeles. Masters connected with Chris to discuss the increasing importance of community networks in light of recent court decisions: Network Neutrality and the court's interpretation of section 706 of the Telecommunications Act of 1996.

From the Background Briefing website:

Then finally we speak with Christopher Mitchell, the Director of the Telecommunications as Commons Initiative at the Institute for Local Self Reliance about the more than 400 towns and cities across America who have installed or a planning to install fiber broadband municipal networks as an alternative to the telecom and cable monopolies who appear to have captured Obama’s FCC which is poised to end the government’s commitment to net neutrality. We discuss the need to both support municipalities who are building networks to circumvent cable monopolies with high speed broadband that other advanced nations enjoy, at the same time, holding the FCC’s feet to the fire so they don’t sell out the public and abandon net neutrality.

The conversation runs about 20 minutes.

The Illinois community of Urbana, home of UC2B, recently passed a resolution in favor of FCC's section 706 authority. The community's fiber project is bridging the digital divide in this community of 41,000.

On March 17, the City Council voted unanimously to support the FCC as it considers action to discourage, prevent, and remove state legislative barriers that block municipal networks. 

The language is similar to resolutions from communities such as Sebewaing, Vidalia, Ammon, and Moultrie. Urbana noted in its resolution that it has made substantial efforts to bring access to more people in the community.  We interviewed Carol Ammons from the U-C Independent Media Center and Brandon Bowersox-Johnson from UC2B in episode 42 of the Community Broadband Bits podcast. Chris, Carol, and Brandon discussed the way the community is capitalizing on the rare urban FTTH network.

RESOLUTION NO. 2014-03-017R

A RESOLUTION TO SUPPORT FCC EFFORTS IN PROTECTING LOCAL AUTHORITY

TO BUILD BROADBAND INFRASTRUCTURE

The proposed Comcast/Time Warner Cable deal will be on everyone's mind for many months to come. Thanks to Harold Feld, it is now possible to follow the process as it moves forward. Feld began a series of posts earlier this month that map out the review as it moves from the Department of Justice Antitrust Division to the Federal Communications, and finally to Congress. As Feld notes, the entire process will last six months at least and could run for more than a year. 

In addition to drawing a process map, Feld provides insightful subtleties on the purpose behind each step in the review. He also offers political analysis that may influence the outcome. Feld gets into the unique review process, burdens of proof, and relevant definitions at each stop along the way. Highly recommended, especially for law students.

Part I - Introduction

Part II - Antitrust Review at the DOJ

Part III - Federal Communications Commission analyzes public interest

Part IV - The proposal moves through the committee process and the public has a chance to express themselves to their elected officials (including lobbyists)

In case you missed it, you can still stream the FCC's Rural Broadband Workshop. The announcement describes the event:

The workshop will include an examination of the broadband needs of rural populations and the unique challenges of both broadband deployment and adoption in rural areas.  In addition, the discussion will highlight the economic, educational, and healthcare benefits that can be realized through broadband deployment and adoption.  The workshop will also examine different business models that have been used to deploy broadband in rural areas, including a discussion of the factors that drive investment decisions and technology choices of different types of providers in rural communities.  Finally, the workshop will examine the role that states have played, and can continue to play, in meeting the rural broadband challenge.

The first discussion, Broadband Needs, Challenges, and Opportunities in Rural America, focuses on the impact broadband access has on education, healthcare, and economic development. Panelists are:

• Jeff Fastnacht, Superintendent, Ellendale School, Ellendale, ND
• Charles Fluharty, President and CEO, Rural Policy Research Institute
• Brian Kelley, CEO, Ag Technologies
• Thomas F. Klobucar, Ph.D., Deputy Director, Office of Rural Health, U.S. Department of Veterans Affairs
• Linda Lord, Maine State Librarian
• Don Means, Coordinator, Gigabit Libraries Network

Rural Broadband Buildout - Effective Strategies and Lessons Learned, will start at 11:00 a.m. and will include:

Two more communities have gone on the record as supporting local authority for telecommunications infrastructure investment. Communities in Vidalia and Sebewaing passed resolutions supporting the FCC's efforts to use its authority to discourage, prevent, and remove state barriers.

Vidalia, on the west side of the Mississippi in Louisiana, recently began offering free Wi-Fi in its new sports complex and along its riverfront. According to Mayor Hyram Copeland, the lack of free public access left local leaders feeling behind the times. From a Natchez Democrat article in February:

“I was embarrassed to say, ‘No,’ but now I can say we do,” Copeland said. “But the end result of all this is that we will have moved this community forward.”

Vidalia seeks funding for a fiber network. Apparently, they are ready with a design and have the technical expertise in-house, but lack of funds have held up the project.

Vidalia's Resolution is almost identical to those in Ammon, Moultrie, Westminster, and Chanute.

We reported on Sebewaing, located in Michigan's "thumb," last summer. The community runs its own electric utility and, due to lack of interest from incumbents, decided a FTTH network was a project they needed to pursue. According Melanie McCoy, from Sebewaing Light and Water, the project is proceeding as planned.

Two more communities recently passed resolutions in support of local authority for broadband networks.

We have written about Ammon and its open access network in southeast Idaho. The municipal network connects anchor institutions and wireless towers in the community of approximately 14,000 people. Chris spoke with Bruce Patterson, Ammon's Technology Director, in Episode 86 of the Community Broadband Bits podcast.

Their Resolution 2014-0005, signed by Mayor Dana Kirkham, reads:

WHEREAS, the universal availability of affordable high speed Internet access for all citizens has been identified as a national priority; and

WHEREAS, community/municipal broadband networks provide an option for market competition, consumer choice, economic development, and universal, affordable Internet access; and

WHEREAS, historically, local governments have ensured access to essential services by banding together to provide those services that were not offered by the private sector at a reasonable and competitive cost. This involvement has included electrification, water supply, public libraries, and other important services; and

WHEREAS, the City Council of the City of Ammon recognize that their economic health and survival depend on connecting the community, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, state constitutions and state statutes exist that may limit or prohibit local government deployment of municipal Internet services, which has the potential of prohibiting or limiting the ability of local government to provide important information and services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

On March 18th, our own Chris Mitchell will host a webinar that you don't want to miss. Tech In the City: A Conversation About Community Broadband Access will be an engaging discussion about municipal networks in light of the recent Verizon v. FCC decision. The court delved into the FCC's authority, clearing up ambiguities from past decisions.

The event, presented by the Media Action Grassroots Network (MAG-Net)'s Community Media Cohort begins at 11 a.m. Pacific / 2 p.m. Eastern. From the event announcement:

Earlier this year, a court order ruled against the Open Internet also known as network neutrality. However, this same order reaffirmed the FCC's role ensuring that communities and cities can create their own broadband infrastructures.

In the last decade hundreds of communities across the U.S have started their own community broadband networks via local governments, cooperatives, or other nonprofit arrangements. But cable and telephone companies, like Comcast and Verizon have a history of redlining in low-income, rural, historically marginalized communities. Led by cohort leader and community broadband expert, Chris Mitchell of Institute for Local Self Reliance, we will have a dialogue about what we can do to protect the future of community broadband networks.

RSVP for the event and spread the word!