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Common Cause, Network Neutrality, and the FCC Come Together in Episode 73 of Community Broadband Bits Podcast

We welcome Todd O'Boyle of the good government group Common Cause to our Community Broadband Bits podcast this week. He is the Director of the Media and Democracy program there, which recently released an explanation of network neutrality in comic form, which we discuss in our discussion. We also talk about the impression of municipal networks in Washington, DC, and what the FCC can do about mandating meaningful disclosure of political ads without any action from Congress. These are all issues that impact whether government is responsive to local needs or to a few powerful interests. Todd and I previously collaborated on two case studies related to his hometown, Wilson in North Carolina. We wrote a case study of that municipal fiber network and The Empire Lobbies Back regarding Time Warner Cable's response to that successful fiber network. Read the transcript for this episode 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 23 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 Mudhoney for the music, licensed using Creative Commons.

New Free Press Infographic: Stop the Corporate Cyclops From Gobbling Up Local Media

When we think of the enormous cyclops we don't usually imagine him in a suit and tie but the Free Press does and it works. In their recent Media Giants infographic, the Free Press uses the hulking one-eyed beast to represent corporate behemoths slowly taking control of our media through smaller shell companies.

As media power is consolidated, every one else's voices fade. We all become like the one-eyed cyclops: seeing things through his limited vision. The Free Press sums it up like this:

Media companies are using shady tactics to dodge the Federal Communications Commission’s ownership rules and snap up local TV stations across the U.S.

Gannett, Nexstar, Sinclair and Tribune are on major buying sprees. To grow their empires, these corporations are using shell companies to evade federal caps on how many stations one company can own. And so far the FCC has done nothing to stop this trend.

In some communities, one company owns two, three and even four local TV stations — and airs the same news programming on all of these outlets. The result: An echo chamber where all the news looks and sounds the same.

Take action now through the Free Press' campaign or contact your elected officials directly.

Industry Lobbyists Oppose Gigabit Communities Race to the Top Proposal - Part 2

This is Part 2 in a two-part series discussing comments submitted to the FCC in response to a petition filed by Fiber-To-The-Home Council proposing a new Gigabit Community Race to the Top program.

In Part 1 of this post, I focused mainly on the complaints filed by the National Cable & Telecommunications Association (NCTA) against FTTHC’s Race to the Top proposal. While there was nothing new in those arguments (we see them all the time from industry spokespeople), I wanted to highlight their errors in light of this promising proposal to promote community networks. This post will focus on some of the more technical arguments which further demonstrate the industry’s false assertions.

NCTA attacks the FCC’s authority to implement Race to the Top, claiming that neither Section 254 (addressing universal service) nor Section 706 (addressing “advanced telecommunications capability”) of the Telecom Act authorize such a program.

The cable lobby’s argument against Section 254 authority hinges on the statute’s requirement that universal service funds only support services in small and rural markets that are “reasonably comparable” to those available in the rest of the country. Therefore, NCTA argues, Race to the Top would “enable a small number of communities to receive faster broadband speeds than the vast majority of Americans in urban areas have chosen to purchase.”

NCTA essentially believes its members get to dictate American broadband policy. If the majority of Americans “choose to purchase” only single-digit Mbps (megabits-per-second) broadband because that’s the only affordable option in their area, then the FCC cannot subsidize faster networks, anywhere. Or so argues the NCTA.

Even more tortured is the NCTA’s argument against the FCC’s Section 706 authority to implement Race to the Top. Section 706 instructs the FCC to regularly assess the deployment of “advanced telecommunications services,” and when it finds that such services are not rolling out fast enough, the FCC must make efforts to accelerate deployment.

Surprise! Industry Lobbyists Oppose Gigabit Community Race to the Top Proposal - Part 1

This is Part 1 in a two-part series discussing comments submitted to the FCC in response to a petition filed by Fiber-To-The-Home Council proposing a new Gigabit Community Race to the Top program.

The Fiber-To-The-Home Council (FTTHC) recently submitted a proposal to the FCC to create a Gigabit Communities "Race to the Top" program. The proposal suggests granting unclaimed portions of universal service funds (USF) to qualifying entities in small and rural markets willing to build gigabit networks. While the proposal may need some adjustments, the idea holds potential for encouraging community owned networks and we hope the FCC takes the next step by opening an official rulemaking proceeding.

What makes this proposal so promising for community networks is that it may not require grantees to qualify as “eligible telecommunications carriers” (ETCs), a technical requirement placed by the FCC on USF recipients. This requirement virtually assures that USF funds go to already established telcos and not to upstart community networks.

Instead, Race to the Top lays out its own qualifying criteria which opens the door for a broader variety of recipients, including co-ops, nonprofits and municipalities, taking a similar approach as the federal stimulus BTOP program. Furthermore, Race to the Top has the potential to improve on BTOP in one major aspect by focusing on last-mile networks, which BTOP grants largely shied away from.

The FCC comment period for this initial proposal has closed and the majority of submitted comments are supportive. But I want to highlight some of the misleading comments submitted by a few industry lobby groups - National Cable & Telecommunications Association (NCTA), Rural Broadband Association (NTCA) and USTelecom. This post will focus on the NCTA, the main lobbying apparatus of the massive cable corporations. A future post, Part 2, will discuss the others.

Prometheus Joins Us to Discuss Community Radio and Internet - Community Broadband Bits Episode 61

The Prometheus Radio Project is an impressive grassroots organization that has successfully opened the radio airwaves to communities after big corporations had effectively locked up unused radio channel for years. Prometheus Policy Director Sanjay Jolly joins us for Episode #61 of our Community Broadband Bits podcast. Our conversation ranges from the recent history of pirate radio to the many years of actions and organizing that led to the 2010 Local Community Radio Act. Local groups have an opportunity this fall to apply for licenses to broadcast - a capacity that would well complement a community owned Internet network. The struggle for community radio has many parallels to community owned Internet networks, particularly the right of people to communicate without a few massive corporations acting as gatekeepers, mediating our broadcasts. Additionally, community radio advocates had to fight through years of junk science and misinformation hiding the plain fact that powerful broadcasters simply didn't want to face competition from locally owned stations. Seems familiar. Read the transcript of this episode 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 20 minutes long and can be played below on this page or subscribe 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 Break the Bans for the music, licensed using Creative Commons.

Governments Should Focus on Infrastructure Despite False Statistics Peddled by NY Times and Others

Having just read the New York Times story "Most of U.S. is Wired, but Millions Aren't Plugged In," I was reminded that even the top mainstream telecom journalists really have little understanding of what they write. This is a bit ranty but comes back together constructively at the end. I just read that "nearly 98 percent of American homes now have access to some form of high-speed broadband." Really? Just what exactly does that mean? It is definitely not the current FCC minimum standard speed required to engage in basic Internet activities: 4 Mbps downstream and 1 Mbps upstream. Not even close. To get 98%, I can only assume that the author has started with flawed stats from the FCC that are comprised on systematically overstated DSL availability in rural areas by carriers like Windstream, Frontier, CenturyLink, and others. He likely then included satellite Internet access availability, which is explicitly not broadband due to the inevitable lag of a 50,000 mile roundtrip to geosynchronous orbiting satellites. But we don't know. We just know that Edward Wyatt knows that by some definition, nearly everyone in America has "high speed" broadband. This is news to the vast majority of rural communities I hear from, who see maps paid for by their tax dollars claiming they can get broadband in their homes. But when they call the company to get it, they find it is not actually available, even though that company had just told the government that it is available there. These are the statistics that are now apparently official, without any need to even note where they come from. Note that this comes after the New York Times repeatedly erred in claiming few Europeans have access to high speed networks. Wyatt goes on to laud the Obama Administration's stimulus effort to expand broadband networks:
The Obama administration allocated $7 billion to broadband expansion as part of the 2009 economic stimulus package. Most of it went to build physical networks.

We Need Video Reform, Let D.C. Know What You Think

Time Warner Cable subscribers across the country who enjoy CBS programming are out of luck. The two media giants have reached an impasse in their fight over retransmission consent so several major markets are now missing out. CBS has also taken the fight one step farther, blocking TWC broadband subscribers from accessing CBS.com video content.

Public Knowledge as launched a campaign to end this viewer lock-out. From their recent call to action:

It doesn't matter whether CBS or Time Warner Cable is the bad guy here. The only one losing here is you, the viewer.

Some members of Congress are standing up to the media giants. The bipartisan "Television Consumer Freedom Act," [PDF] co-sponsored by Senators John McCain and Richard Blumenthal, takes the first steps at fixing this mess.

But an army of special interest lobbyists likes things the way they are, and they don't care that you are caught in the middle. For this bill to move forward, your members of Congress need to hear from you.

For more detail on how we got here, read Harold Feld's recent Policy Blog on the PK website. PK makes it easy for you to inform your D.C. represenation that you want video reform. 

You can also look up your U.S. Representatives and your U.S. Senators to contact them directly via phone or email.

Jim Baller Discusses Municipal Broadband History - Community Broadband Bits Episode #57

Jim Baller has been helping local governments to build community owned networks for as long as they have been building them. He is the President of and Senior Principal of the Baller Herbst Law Group in Washington, DC. Jim joins us for Episode #57 of the Community Broadband Bits podcast to discuss some of the history of community owned networks. Jim has a wealth of experience and helped in many of the most notable legal battles, including Bristol Virginia Utilities and Lafayette. We start by noting some of the motivations of municipal electric utilities and how they were originally formed starting in the late 19th century. But we spend the bulk of our time in this show focusing on legal fights in the 90's and early 2000's over whether states could preempt local authority to build networks. In our next interview with Jim, we'll pick up where we left off. If you have any specific thoughts or questions we should cover when we come back to this historical topic, leave them in the comments below or email us. You can learn more about Jim Baller on his website at Baller.com. Read the transcript from this episode 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 subscribe via iTunes or via the tool of your choice using this feed. Search for us in iTunes and leave a positive comment! Listen to previous episodes here. You can can download this Mp3 file directly from here. Find more episodes in our podcast index. Thanks to Break the Bans for the music, licensed using Creative Commons.