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Chris Mitchell Hosts March 18th Webinar: Tech in The City

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!

History of the Quickly Subverted 1996 Telecommunications Act - Community Broadband Bits Episode 89

If all had gone according to the plan behind the 1996 Telecommunications Act, we would have lots of competition among Internet service providers, not just cable and DSL but other technologies as well. Alas, the competing technologies never really appeared and various incarnations of the FCC effectively gutted the common carriage requirements at the heart of the Act. Earl Comstock joins us today to explain what they had in mind when they spent years developing the goals and text of the Act. A staffer to Senator Stevens - and yes, we discuss the legacy of Senator "series of tubes" Stevens and you might be surprised when you learn more about him - Earl helped to craft the Act and then had to watch as the FCC and Courts misinterpreted it. At the heart of our conversation is what they believed would be necessary to achieve the goals of expanding access to telecommunications service to all. Read the transcript from our conversation here. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 30 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed. Listen to previous episodes here. You can can download this Mp3 file directly from here. Find more episodes in our podcast index. Thanks to Valley Lodge for the music, licensed using Creative Commons. The song is "Sweet Elizabeth."

Kentucky Municipal Utilities Association Passes Resolution Favoring Local Control in Telecommunications

We recently reported that local leaders in Chanute and Westminster had passed resolutions supporting the FCC as it considers its authority. The Kentucky Municipal Utilities Association (KMUA) passed a similar resolution on February 28th.

KMUA members include 45 city-owned utilities including electricity, water, wastewater, natural gas, and telecommunications services. Members include places our readers are familiar with - Franklin, Glasgow, and Russellville - in addition to a lengthy list of other Kentucky communities.

The KMUA is publicly offering its support to the recent court decision finding that the FCC has the authority to remove or prevent state barriers.

The resolution reflects one of the KMUA credos, as listed on their website:

KMUA opposes any action, legislative or administrative, which would curb, limit, or remove local control of the operations of municipal utilities from their citizen owners. 

We expect to see more resolutions like this as communities decide to go on record. The language is very similar to the Chanute and Westminster resolutions. We have made the document available below.

Westminster and Chanute Pass Resolutions Supporting FCC's Authority to Remove State Barriers

In light of the recent announcement, community leaders in Maryland and Kansas are rallying behind the FCC as it considers its authority under Section 706 of the 1996 Telecommunications Act. In a show of support, the Westminster Mayor and Common Council passed Resolution 14-01, a statement in support of restoring and preserving local authority to build networks. Twelve hundred miles away in Chanute, the City Commission took the same action with Resolution 2014-17.

Readers will remember Westminster as the central Maryland town that has carefully progressed forward in realizing better connectivity. The community recently approved a fiber pilot project as a way to test the water. Our contact in Westminster, Dr. Robert Wack, reported that interest in the network has blossomed even before the start of construction. The network has already attracted one new employer from New York.

Our 2012 case study, Chanute’s Gig: One Rural Kansas Community’s Tradition of Innovation Led to a Gigabit and Ubiquitous Wireless Coverage, tells the story of how the community incrementally built a world-class network. Without borrowing or bonding, Chanute's next-generation fiber network has enhanced education, economic development, and saved millions of taxpayer dollars.

This legislative session, Chanute has contended with threatening state legislation that could derail their expansion plans. The community is very close to a project that would offer fiber services to every premise in town.

Save the White Spaces! From Public Knowledge

The FCC is now contemplating how much newly freed spectrum to retain for public use and how much to auction off to private companies for their exclusive use. Public Knowledge is leading the effort to ensure we retain enough shared spectrum to unleash more innovation and public benefits rather than simply padding the profits of a few massive firms that already control plenty of it.

In addition to the Gigabit Libraries Network's White Spaces Pilot Project, we have shared white space technology stories from North Carolina and New York

Public Knowledge recently created a video on the prevalence of spectrum in our lives, included below. Most of us take for granted the fact that shared (or unlicensed) spectrum permeates our culture. 

Instead of sitting by while the resource is auctioned off to the highest bidder, Public Knowledge has also created a petition to retain the spectrum needed for white space technology to spur more innovation. From the petition:

One of the most promising new technologies uses the empty spaces between television channels, the so-called "TV white spaces" (TVWS). The United States currently leads the world in this new technology. In the few short years since the FCC approved use of the TVWS, companies have built and shipped equipment to bring needed broadband to rural communities, creating jobs and expanding opportunities.

...

We call on the FCC to set aside 4 reclaimed TV channels, or 24 MHz, for TV white spaces. This will still leave the FCC more than enough to auction to wireless companies for their commercial needs. By reserving 24 MHz of "unlicensed" spectrum across the country for TV white spaces, the FCC will encourage further innovation in wireless services and foster the growth of next generation WiFi contributing billions of dollars in new products and consumer savings.

FCC to Investigate Barriers to Community Networks

We are supportive of the announcement today from the Federal Communications Commission. We salute the FCC for beginning to examine how state level barriers against municipal networks deter investment in the networks both communities and the nation desperately need. From the statement:
The Commission will look for opportunities to enhance Internet access competition. One obvious candidate for close examination was raised in Judge Silberman’s separate opinion, namely legal restrictions on the ability of cities and towns to offer broadband services to consumers in their communities.
The FCC has a history of encouraging states not to pass such laws (Commissioner Clyburn, previous FCC Chair, former Commissioner Copps) and the National Broadband Plan made recommendation 8.19: "Congress should make clear that Tribal, state, regional and local governments can build broadband networks." Even if communities choose not to build their own networks, having that capacity changes the dynamic of the big cable and telephone companies - something Franklin D. Roosevelt described as the "birch rod" in the cupboard (regarding municipal electricity):
But on the other hand the very fact that a community can, by vote of the electorate, create a yardstick of its own, will, in most cases, guarantee good service and low rates to its population.

National Rural Assembly Webinar: Expressions of Interest for Connect America Funds

On January 30, the FCC announced it will begin a process that makes Connect America funds available for pilot projects aimed at expanding broadband in rural areas. Details about the process are still forthcoming, but the FCC asks interested parties to submit "expressions of interest" by March 7th. In order to assist possible applicants, the National Rural Assembly's Broadband Working Group will hold a webinar today, February 13th, at 1:30 EST.

From the webinar announcement:

The National Rural Assembly's Rural Broadband and Policy Group invites all rural stakeholders, to participate in a national webinar in cooperation with the Federal Communications Commission that will explain how to participate in the FCC's new experiment, the Rural Broadband Trials - a program that will fund projects to bring broadband to rural areas.

Participation in this first phase is not mandatory but encouraged. The results from the expressions of interest process will help the FCC determine how much funding will be needed.

You can register online for the free webinar.

March 7th Deadline for Connect America Fund Expressions of Interest

We reported last month on a decision from the FCC to make Connect America funds available to expand broadband. At the time we did not have much detail on the measure, but on January 30th, the FCC released its official statement. The agency reached a unanimous decision to open up Connect America Fund dollars for experimental projects.

The FCC restructured the Universal Services Fund (USF) in 2010 to create the Connect America Fund. Until now, those funds were only available to large incumbents. Because some incumbents did not want to be bound terms associated with the funds, they did not take the money and so a portion of it has not been distributed.

In the January 30th announcement, the FCC stated that it will open up funding to entities other than large incumbents in experimental processes, including nonprofits, cooperatives, municipal and tribal governments, and private businesses. The FTTH Council reported:

Specifically, the Commission’s order outlines a call for multiple pilot projects to examine how best to make the technology transition while preserving consumer welfare and promoting the widespread deployment and use of broadband networks. As part of those projects, the Commission, informed by recommendations of the FTTH Council, will be using “test beds” to experiment with different models of bringing next-generation high-speed broadband to rural areas. 

Interested parties must first file an expression of interest, describing how they would invest the funds. In keeping with the original goal of the Connect America fund, the FCC hopes to hear from organizations with rural broadband project plans. According to a Daily Yonder article on the process:

[Jonathan Chambers, the chief of the FCC’s Office of Strategic Planning and Policy Analysis] said the initial “expression of interest” isn’t a complex document. The FCC wants to hear who is interested in applying for support, what homes or institutions they want to serve and an estimate of the cost to get the job done.

A Roadmap for the FCC To Ensure Local Authority to Build Networks - Community Broadband Podcast #84

When the DC Circuit Court handed down a decision ruling against the FCC's Open Internet (network neutrality) rules, it also clarified that the FCC has the power to overrule state laws that limit local authority to build community networks. Harold Feld, Senior Vice President for Public Knowledge, joins us for Community Broadband Bits Episode #84 to explain the decision. Harold exlains what Section 706 authority is and how all the DC Circuit judges on the case felt that the FCC, at a minimum, has the authority to strike down laws that delay or prohibit the expansion of broadband infrastrcturue. We then discuss how the FCC can go about striking down such laws to reestablish local authority - a community in a state like North Carolina could file a petition with the FCC for action or the FCC could decide to take action itself. Either way, it will have to build a record that laws revoking local authority to build networks are harmful to expanding this essential infrastructure. Finally, some of this power filters down to state public utility commissions, but just how much is unclear at present. Read the transcript from our discussion here. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 15 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed. Listen to previous episodes here. You can can download this Mp3 file directly from here. Find more episodes in our podcast index. Thanks to Fit and the Conniptions for the music, licensed using Creative Commons.

Potential Funding Availability via Race to the Top

Let me start by saying that I don't yet know anything in addition to what I write below. We are all waiting for more details. On January 30, the FCC will take action on the FTTH Council's Gigabit Race to the Top progam. We previously took a brief look at the idea, while focusing on big cable and telephone companies' responses. FTTH Council expects the FCC to adopt a test program that will start with a call for those interested to submit "expressions of interest." The reason we are noting this now, when we know so little about the program is that they believe the program will move quickly once it is announced, so those who may be interested should start planning for it. From what we know, this program will be open to community owned networks and will be largely focuses on smaller markets with preference for networks that will be improving connections to anchor institutions in particular. Below, I have embedded a discussion between Craig Settles and Alyssa Clemsen-Roberts, the Industry Affairs Manager at the Utilities Telecom Council.
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