Tag: "fcc"

Posted November 4, 2016 by lgonzalez

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:

In particular, the ability to upload streaming media documenting confrontations with authorities has been critical in proving whether... Read more

Posted November 1, 2016 by Anonymous

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.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits Podcast. I'm starting off today talking with Will Aycock, General Manager of Greenlight, the municipal fiber... Read more

Posted October 25, 2016 by christopher

Telephone and electric cooperatives are making strides in bringing high-quality connectivity to rural areas while national providers stay in the city. This week we speak with two gentlemen from rural southwest Michigan’s Midwest Energy Cooperative: President and CEO Bob Hance and Vice President of Regulatory Compliance Dave Allen.

The electric cooperative has embarked on a project to bring fiber-optic connectivity to its members within its electric distribution grid. The multi-year project will bring better functionality to electric services and high-speed Internet access to areas of the state struggling with yesterday’s technologies. Bob and Dave describe the cooperative’s commitment to it’s members and discuss the deep roots of the cooperative in the region. They also touch on how the project is already improving lives in the areas that are being served.

Bob, Dave, and Chris, also spend some time discussing the difficulties that face rural cooperatives, especially regarding federal funding and its distribution. Serving sparsely populated areas is a challenge. Federal funding is often distributed more favorably to big corporate providers that promise to deliver much slower speeds than cooperatives like Midwest Energy. Co-ops are delivering better services, and building better networks with less federal funding; they also face higher hurdles to obtain that funding.

Why do they do it? Because they are invested in the future of their communities.

Read more about the project at the Midwest Connections Team Fiber website.

Read the transcript of the show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 28 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

You can download this mp3 file directly from here. Listen to other episodes here or ... Read more

Posted October 25, 2016 by lgonzalez

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."

For more on the situation in Pinetops, read about how high-quality Internet has improved economic development and how the Vick Family Farm, a large local employer, depends on Greenlight for operations. You can also hear from Suzanne Coker Craig, a local elected official and business owner, who... Read more

Posted October 18, 2016 by Anonymous

This is episode 224 of the Community Broadband Bits Podcast. ILSR research associate and MuniNetworks.org writer, H.R. Trostle, joins the show to discuss the recent report on North Carolina's connectivity and the importance of cooperatives. Listen to this episode here.

 

H.R. Trostle: The telephone cooperative are very used to serving these very sparsely populated rural areas in North Carolina. That's what they were designed to do. That's why they were made.

Lisa Gonzalez: This is episode 224 of the Community Broadband Bits Podcast from the Institute for Local Self-Reliance, I'm Lisa Gonzalez. Recently, we released a report focusing on the availability of high-quality Internet access in North Carolina. H.R. Trostle, a research associate at the Institute and one of our authors on MuniNetworks.org, analyzed data from several different sources and she's talking to Chris this week to discuss her conclusions. She and Chris, who co-authored the report with her, discovered that municipal networks and cooperatives have an important role to play in North Carolina. Take a few minutes to check out the report and check out the detailed maps that show the results of their analysis. The report is titled North Carolina Connectivity: The Good, The Bad, and The Ugly. It's available at ILSR.org and MuniNetworks.org. Now here are Chris and H.R. Trostle, from the Institute for Local Self-Reliance, discussing in detail their recent report and their findings on Internet access in North Carolina.

Christopher Mitchell: Welcome to another edition of the Community Broad Bits Podcast. Coming to you live today from the Institute for Local Self-Reliance offices in Minneapolis, with H.R. Trostle, the co-author of our new report on North Carolina. Welcome to the show.

H.R. Trostle: Thanks Chris, it's great to be here.

Christopher Mitchell: Hannah.

H.R. Trostle: Hi.

Christopher Mitchell: I thought we would start with a broad overview of what did the report cover.

H.R. Trostle: The report covered everything from electric... Read more

Posted September 23, 2016 by lgonzalez

In a September 22nd press release, the community of Pinetops, North Carolina, called out their Governor as they lose access to high-quality Internet access. Read the full statement here:

A state law is forcing the termination of Gigabit Internet service to the small rural town of Pinetops, NC. Last week, members of the Wilson, NC City Council expressed their deep regrets as they voted to approve the city attorney’s recommendation to disconnect Wilson Greenlight services in Pinetops under the North Carolina law commonly known as H129 (S.L. 2011-84).

Wilson was able to bring fiber-to-the-home Gigabit service to our town in April 2016, after the FCC preempted H129 on the grounds that it is anti-competitive and creates barriers to the deployment of advanced telecommunications capacity. Under Governor Pat McCrory, North Carolina challenged that ruling in May, 2015 in the United States Court of Appeals for the Sixth Circuit and won a reversal last August.

Members of the Pinetops community are particularly distressed because the Gigabit service Wilson was delivering enabled Pinetops to compete with urban areas of North Carolina that get such Gigabit services from Google Fiber, AT&T, and Frontier. In Pinetops, in contrast, other sources of Internet service don’t meet the federal definition of broadband and are insufficient to support small business, home-based telework needs, and homework for students. The Gigabit network enabled the Town to begin developing new economic development plans to attract knowledge workers from nearby Greenville and Rocky Mount. That strategy is now impossible in light of the imminent disconnection of Gigabit services.

Town Commissioner Suzanne Coker-Craig operates a small screen printing business that depends on Wilson Greenlight’s hyper-fast upload speeds.  Commissioner Coker-Craig, with her colleagues in Pinetops government, passed a resolution in early September detailing the devastating economic impact this disconnection will have on their rural community. “H129 is now... Read more

Posted September 21, 2016 by lgonzalez

“A-number one importance.”

On September 15th, the Senate Commerce, Science and Transportation Committee gathered to discuss FCC oversight and telecommunications issues. Among those issues, the Committee discussed municipal networks.

Senator Cory Booker (D - NJ) asked FCC Chairman Tom Wheeler to provide his thoughts on how important it is that Congress takes action. The matter he put before Wheeler was the prospect that Congress act to allow local communities to have local authority on issues relating to Internet infrastructure and advanced telecommunications capabilities. How important is it?

Wheeler’s answer: “A-number one importance.”

Wilson, Pinetops, And A Harmful State Law

Booker, who introduced a bill in 2015 to restore local authority, brought up the subject of Wilson, North Carolina, and nearby Pinetops. When the FCC rolled back restrictive state laws in 2015, Wilson’s electric utility finally had the legal authority to help their neighbors so began offering high-quality Internet access through it’s municipal Internet service, Greenlight. Earlier this summer, the Court of Appeals found in favor of the state, which challenged the FCC decision. As a result, Wilson must cut off service to Pinetops or risk losing the legal ability to serve anyone. The FCC has announced that it will not pursue further review of the decision and will focus its resources on other areas. 

Booker described the situation in Pinetops as “disturbing,” but went on to praise Wilson for investing to solve the need in the region and pointing out how local businesses, including those in Pinetops, came to depend on those investments. He went on to say he was “disappointed, if not angered” by the Court of Appeal’s decision.  

Watch a clip of the hearing:

For Pinetops and other rural communities where big cable and DSL companies refuse to bring the... Read more

Posted September 19, 2016 by KateSvitavsky

They're at it again. Recently, they have been called out for taking advantage of E-rate; now they are taking advantage of their own lack of infrastructure investment to worm their way out of obligations to serve low-income residents. Fortunately, a nonprofit group caught up with AT&T's shenanigans and held their feet to the fire.

"Nah, We Don't Have To Do That..."

As part of FCC-mandated conditions under which AT&T was allowed to acquire DirecTV in 2015, the telecommunications conglomerate created the "Access from AT&T" program, offering discount Internet access to low-income households. The program consists of tiered services - download speeds of 10 Megabits per second (Mbps) for $10 per month, 5 Mbps for $10 per month, and 3 Mbps for $5 per month.

The company is required to enroll households in the fastest speeds available, but a significant amount of low-income families don't qualify because the fastest speed AT&T offered to their home is 1.5 Mbps download. The problem, created by AT&T's own lack of infrastructure investment in certain neighborhoods, allowed AT&T to dodge their responsibility under the terms of the DirecTV acquisition by simply denying enrollment to households with speeds less than 3 Mbps. Trouble is, some one noticed.

NDIA In Cleveland, Detroit

The National Digital Inclusion Alliance (NDIA) realized the scope of the problem when they attempted to help families in low-income neighborhoods in Detroit and Cleveland sign up for Access from AT&T. In addition to discovering that residents could only obtain 1.5 Mbps download speeds, NDIA found that AT&T denied these households enrollment because their speeds were too slow. The only other option for ineligible households was AT&T’s normal rate for 1.5 Mbps service, which is six times the cost of the Access program.

Loopholes: All Lawyered Up And Nowhere To Go

By diving through a cavernous loophole, AT&T cleverly manipulated the terms of the merger order and single handedly squelched the intended purpose of the program. According to the directive, AT&T “shall offer wireline Broadband Internet... Read more

Posted September 1, 2016 by lgonzalez

In our last Community Broadband Bits podcast, Christopher and I discussed the August 10th U.S. Court of Appeals for the Sixth Circuit decision to reverse the FCC’s February 2015 ruling against state barriers. We mentioned Harold Feld’s article about the ruling posted on his website. In keeping with most matters of importance in the municipal Internet network field, Harold expertly sums up the history of the case, the arguments, and what the outcome could mean for the future.

Feld gets down into the crux of the argument that won over the three judges in the Sixth Circuit - the need to establish if it is states or federal agencies that make the decisions regarding whether or not local governments can provide telecommunications.

Determining the answer was a multi-step process and Feld explains how the FCC came to the conclusion that they had the authority to preempt the laws and the states' arguments against it. This was, after all, a test case and Feld describes why the FCC chose Chattanooga and Wilson.

Read more on Feld’s Tales of the Sausage Factory, where he speculates on how the big incumbent providers will react to their win and what is next for municipal network advocates. From Harold:

As with most things worth doing in policy land, it’s disheartening that it’s an uphill fight to get to rational policy. The idea that states should tell local people in local communities that they can’t invest in their own local infrastructure runs against traditional Republican ideas about small government and local control as it does against traditional Democratic ideas about the responsibility of government to provide basic services and promote competition. But that’s how things work in public policy sometimes. We can either give up and take what we get, or keep pushing until we change things for the better.

Posted August 31, 2016 by lgonzalez

In late July, the FCC released a Notice of Apparent Liability (NAL) in which it found the telecommunications giant AT&T Southeast liable for a $106,425 forfeiture. The agency also ordered the company to return $63,760 of E-rate funds it described as “improperly disbursed.” AT&T overcharged two school districts in Florida and, in a response released last week, are trying to justify their pilfer by blaming the E-rate rules and the schools themselves, much as a criminal blames victims for being such easy targets.

Funded By Phone Users

E-rate funds are collected as a surcharge on telephone bills; the funds go to schools to help pay for telecommunications costs at schools, including telephone, Internet access, and infrastructure costs like fiber network construction. The amount a school district receives depends on the number of students in the district that qualify for free and reduced lunches; schools with higher numbers of low-income students are reimbursed at a higher rate. Given that many of our schools are funded through property tax rolls, this means that schools in poorer neighborhoods that are more likely to need help with their budgets receive the higher reimbursement rates.

According to the program rules, phone companies and Internet Service Providers (ISPs) that participate are required to offer the “lowest corresponding price” to schools. Providers aren’t permitted to charge rates that exceed the “lowest corresponding price” or bid higher than that price on contracts to serve similarly situated entities if those entities are eligible to receive E-rate funds. School districts do not carry the burden of getting the lowest corresponding price - telephone and Internet access providers are responsible to ensure that they offer the lowest price in exchange for the opportunity to participate in the program. Between July 2012 and June 2015 alone, AT&T received $1.23 billion in E-rate funding nationwide.

Filching In Florida

In Orange County and Dixie County, AT&T charged the districts prices that were 400 percent higher than other phone rates in Florida, claims the FCC. Their investigation focused only on two types of telephone services. The FCC noted that when Florida deregulated phone services in 2011, AT&T “dramatically increase[d] its pricing.” According to the the NAL,... Read more

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