Tag: "fcc"

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

Posted August 31, 2016 by christopher

It has been several weeks, but Lisa and I wanted to answer any lingering questions people may have about the results of the Sixth Circuit case reviewing the FCC's action to remove state-created barriers to municipal networks. We devoted Community Broadband Bits episode 217 to the case and aftermath.

The Sixth Circuit ruled against the FCC narrowly - finding that while it had no dispute with the FCC's characterization of municipal networks as beneficial, Congress had not given the FCC the power to overrule state management of its subdivisions (cities). As we have often said, restricting local authority in this manner may be stupid, but states are allowed to do stupid things (especially when powerful companies like AT&T and Comcast urge them to).

Lisa and I explore the decision and explain why we are nonetheless glad that FCC Chairman Tom Wheeler and Commissioners Rosenworcel and Clyburn moved on the petitions from Chattanooga and Wilson to remove state barriers to next-generation network investment. We also reference this blog post from Harold Feld, which is a well-done summary of the situation.

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.

This show is 20 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 view all episodes in our index.

Thanks to Roller Genoa for the music, licensed using Creative Commons. The song is "Safe and Warm in... Read more

Posted August 29, 2016 by lgonzalez

The Sixth Circuit Court of Appeals issued their order on August 10th supporting the states of Tennessee and North Carolina in their challenge from an FCC decision from February 2015. Both states objected to the FCC’s decision to preempt state laws preventing municipalities from providing fast, affordable, reliable connectivity via municipal Internet networks. The Appellate Court Judges reviewed the legal arguments, the precedent, and the interplay between federal authority and state sovereignty. 

The impact of their ruling will affect more than a few pages in a law school text book. Access to high-quality Internet access positively impacts real people and businesses and, as Cecila Kang captures in her recent article in the New York Times, the people who depend on it fear the outcome if their state legislators take it away.

Family Farm Fear

Kang profiles Vick Family Farms, a family potato farm in Wilson, North Carolina.  The Vick family chose to invest in a processing plant when they learned that Wilson’s Greenlight would provide the necessary connectivity. Greenlight allowed them to increase sales overseas. Now, they may lose that connection:

“We’re very worried because there is no way we could run this equipment on the internet service we used to have, and we can’t imagine the loss we’ll have to the business,” said Charlotte Vick, head of sales for the farm.

As Kang notes in her article, the FCC has no plans to appeal the decision, so battles will resume at the state level. Advocates will need to be twice as vigilant because incumbents - the only ones that come out ahead from this decision - may try to push state legislators for even tougher anti-competitive state barriers.

Pinetops: Poster Child For Good Connectivity

Kang checks in on the small town where Wilson’s Greenlight began offering Fiber-to-the-Home (FTTH) Gigabit service about 14... Read more

Posted August 24, 2016 by christopher

The Internet is one of those things that is right there in front of our face but can be hard to define exactly. Community Broadband Bits Episode 216 answers that question and picks up right where episode 213 left off with Fred Goldstein, Principal of Interisle Consulting Group.

Having already discussed the regulatory decisions that allowed the Internet to flourish, we now focus on what exactly the Internet is (hint, not wires or even physical things) and spend a long time talking about Fred's persuasive argument on how the FCC should have resolved the network neutrality battle.

We also talk about why the Internet should properly be capitalized and why the Internet is neither fast nor slow itself. These are core concepts that anyone who cares about getting Internet policy correct should know -- but far too few do. Not because it is too technical, but because it does require some work to understand. That is why this is such a long conversation - probably our longest to date in over 200 shows.

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.

This show is 40 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 view all episodes in our index.

Thanks to Roller Genoa for the music, licensed using Creative Commons. The song is "Safe and Warm in Hunter's Arms."

Posted August 11, 2016 by rebecca

Various Sources, August 10-11, 2016

A circuit court decision this week means the digital divide in Tennessee and North Carolina will be allowed to continue. This week, the 6th Circuit Court of appeals decided to dismiss the FCC's decision to encourage Internet investment by restricting local authority to build competitive Internet networks. In February, ILSR and Next Century Cities filed an Amicus Brief in support of the FCC's position. Here is a selection of media stories which cite ILSR.

MEDIA COVERAGE - "Court of Appeals Overrules FCC Decision"

Cities looking to compete with large Internet providers just suffered a big defeat by Brian Fung: The Washington Post, August 10

There are signs, however, that municipal broadband proponents were anticipating Wednesday's outcome — and are already moving to adapt. One approach? Focus on improving cities' abilities to lay fiber optic cables that then any Internet provider can lease; so far, only one state, Nebraska, has banned this so-called "dark fiber" plan, said Christopher Mitchell, who directs the Institute for Local Self-Reliance's Community Broadband Networks Initiative.

"We're pursuing strategies that are harder for the cable and telephone companies to defeat," said Mitchell.

Circuit court nixes FCC’s effort to overturn North Carolina, Tennessee anti-municipal broadband laws by Sean Buckley: Fierce Telecom, August 10, 2016

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However, pro-municipal broadband groups like the Institute for Local Self-Reliance, which filed an amicus brief in support of the FCC's position, said they are "disappointed that the FCC's efforts to ensure local Internet choice have been struck down.”

Court Deals FCC a Big Blow in Municipal Broadband Ruling by Alex Byers: PoliticoPro August 10, 2016 (subscription needed)

... Read more

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