Tag: "fcc"

Posted August 10, 2016 by lgonzalez

Disappointing news from the U.S. Sixth Circuit Court of Appeals today as the Court chooses to reverse the FCC’s February 2015 preemption order that peeled back restrictive state laws in Tennessee and North Carolina. We have the opinion for you to download and review. You can also view the decision at the Sixth Circuit's website.

We consider the Sixth Circuit’s decision disappointing, incorrect, and we hope the FCC and the cities of Chattanooga and Wilson appeal this decision. Local connectivity and telecommunications should be determined by the people who will be affected by their own decisions, not by officials who are distant, unaware of local matters, and lobbied by rich corporate Internet Service Providers with an interest in limiting competition.

Anti-Monopoly, Pro-Internet Access Groups React

In their statement, Next Century Cities, who joined us in filing an Amicus Brief, said, "Today’s court ruling is a setback in the fight to ensure access to next-generation broadband for more Americans, and Next Century Cities is disappointed by this decision."

The Open Technology Institute (OTI) responded by pointing out that, while the effort to restore local authority has stalled, the FCC's action has focused new attention on the benefits of local publicly owned networks:

“Today’s ruling doesn’t change the fact that these laws were hurting communities in Tennessee and North Carolina. They were written by telecom industry lobbyists to protect incumbents like AT&T and Comcast from competition. Similar laws exist in other states, and they all need to go. State legislatures should repeal these laws and replace them with ones that promote competition and consumer choice.

Although the FCC lost this particular case, the agency’s efforts put a spotlight on these pernicious laws and gave momentum to repeal efforts in... Read more

Posted August 2, 2016 by christopher

We originally planned this episode of the Community Broadband Bits podcast to answer the question of "What is the Internet?" But as we started talking to our guest, Principal of Interisle Consulting Group Fred Goldstein, we quickly realized we first had to dig into a little bit of history.

This is not the story of how the Department of Defense and university researchers created the ArpaNet. We are focused on the Federal Communications Commission (FCC) and telephone companies and how the FCC's Computer Inquiries allowed the Internet to thrive.

Fred lived it and offers a passionate retelling of key events, motivations, and more. This conversation is setting the stage for a future show - later this month - focused on answering the original question: "Just what, exactly, is the Internet?" And we'll also talk about network neutrality and other hot topics in answering it. But for now, we hope you enjoy this show. We went a bit long and it is a bit technical in places, but we think the history is important and a reminder of how good government policy can lead to great outcomes.

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 35 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 July 28, 2016 by Catharine Rice

In April, Wilson’s, municipal fiber network, Greenlight, expanded to pass every home in neighboring rural Pinetops. How is it going? Acting Town Manager, Brenda Harrell said, “We just love it!”

No Longer Out of Reach

Pinetops is about a 20 minute drive due east from Greenlight’s operations center, but more importantly, it is in another county entirely. Wilson serves six neighboring counties with its municipal electric services. Turning on internet service in Pinetops was an easy reach for Wilson, where fiber was being deployed as part of an automated meter infrastructure project.

Back in February 2015, the FCC preempted a North Carolina state law, known as H129, that prohibited Wilson from serving any residents outside of Wilson County. The preemption allowed Wilson to finish the project it had to suspend when H129 became law. In addition to the benefits of automated metering, Pinetops now experiences a higher quality of life with fast, affordable, reliable Internet access.

Greenlight To The Present

For Pinetops, bringing fiber services to its residents and small businesses was like snapping it from the late 1980s into the 21st century. Pinetops is a community with about 600 homes all located within one square mile. It is by all signs rural, surrounded by huge open fields of sweet potatoes, tobacco and soy plants. The average median income is $26,333; according to the census bureau, 30 percent of its residents live below the poverty line. Local officials, say that the community was desperately underserved with unreliable DSL service or dialup before Greenlight came to town. Thanks to Wilson, even the local Piggly Wiggly market has fiber-optic Internet from Greenlight.

Looking Ahead

The community is excited for its future. After watching a video of how quickly video homework can be uploaded on a Gigabit connection (8 seconds) versus DSL (2 hours and 59 minutes), the new Town Manager, Lorenzo Carmon, was full of ideas. Pinetops, with median homes valued around $78,000 and the option of Gigabit speeds (1,000 Megabits per second), could offer low cost affordable housing to professionals now living in Greenville, a nearby university community... Read more

Posted July 25, 2016 by lgonzalez

The results of a statewide Tennessee survey on residential and business connectivity are in and they ain't pretty. Thirteen percent of the state - more than 834,000 people - don’t have access to 25 Megabits per second (Mbps) download and 3 Mbps upload, which is the FCC's definition of broadband. Authors of the study make a number of recommendations, the first of which is removing state barriers that stifle Internet infrastructure investment.

"...A More Open Regulatory Environment"

The study, commissioned by the state’s Department of Economic and Community Development (TNECD) earlier this year, includes feedback from more than 23,000 households and businesses. 

From page 13 of the report:

The State of Tennessee could consider lifting administrative burdens and restrictions to broadband infrastructure investment to fostering a more open regulatory environment. 

In the report, the authors provide detailed reasoning for why the state should embrace an open regulatory environment to encourage competition. They note that state barriers impact electric cooperatives, municipalities that operate electric utilities and cannot expand beyond their own service areas, and municipalities that do not operate electric utilities but can only build telecommunications infrastructure in unserved areas with a private partner.

The FCC came to the same conclusion in February 2015 and rolled back Tennessee state laws in order to encourage competition. Tennessee is leading the charge against the FCC's decision with North Carolina (even though NC's Attorney General criticized the law). The parties have filed briefs, attorneys have presented oral arguments, and now the Sixth Circuit Court of Appeals is considering the case.

The report goes on to recommend other policies, including dig-once, smart conduit rules, and one-... Read more

Posted July 5, 2016 by christopher

In celebration of Independence Day, we are focused this week on consolidation and dependence. At the Institute for Local Self-Reliance, we are very focused on independence and believe that the consolidation in the telecommunications industry threatens the independence of communities. We doubt that Comcast or AT&T executives could locate most of the communities they serve on a blank map - and that impacts their investment decisions that threaten the future of communities.

So Lisa Gonzalez and I talk about consolidation in the wake of Google buying Webpass and UC2B's partner iTV-3 selling out to Countrywide Broadband. And we talk about why Westminster's model of public-private partnership is preferable to that of UC2B.

We also discuss where consolidation may not be harmful and how the FCC's order approving the Charter takeover of Time Warner Cable will actually result in much more consolidation rather than new competition.

Read the transcript from this show here.

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

This show is 18 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 Fifes and Drums of the Old Barracks for the music, licensed using Creative Commons. The song is "Cork Hornpipe."

Posted June 18, 2016 by lgonzalez

Depending on where you live, you may be able to choose between two or three big name ISPs. No matter which one you ultimately select, you might face some difficulty obtaining the kind of service you deserve. If you know what to expect, it’s easier to prepare yourself and, in the event you DO have a choice, pick the one that’s right for you.

BroadbandSearch has likened transparency in the telecommunications industry to nutrition information on food packaging. They have produced a set of “Nutrition Labels” for your Internet access diet.

xfinity-label.jpg

They describe the project:

We believe that anything that makes buying broadband Internet service easier is a good thing, and for that reason we've created these ready-made broadband nutrition labels to help you choose from the biggest providers in the nation. 

Here is Comcast’s Xfinity label, a big provider in our Minneapolis area.

Of course, rates from Xfinity and other providers vary from place to place and they offer introductory deals that depend on a number of factors. For more on how BroadbandSearch obtained their data, check out their Sources page.

Now that the FCC’s network neutrality rules have been challenged and upheld in the Appellate Court, providers are required to be more transparent. These labels can help them share the information that subscribers need to make informed decisions. Check out the complete set at BroadbandSearch.

Posted May 14, 2016 by htrostle

It's been well over a year since awards were announced in the FCC Rural Broadband Experiment program, but several projects have not started because funds have not been released. The recipients are ready to commence, but the FCC's own requirements have halted expansion of high-quality Internet access to areas that need it the most.

The Rural Broadband Experiments program has required Letters of Credit from the top 100 banks. Although it may have seemed like good regulation, it completely ignores the reality of small businesses.

They Are Experiments

The FCC touted the Rural Broadband Experiments as the answer for small, local, and nontraditional, Internet Service Providers (ISP). The program had $100 million in funding to encourage innovation in ill-served rural areas. After the FCC provisionally approved 37 of the 200 applications, those providers then needed to secure Letters of Credit to ensure that the projects were secure, reliable investments.

The Letters of Credit for this program must be from one of the top 100 banks, and big banks are not known for lending to small ISPs. Local banks, however, do lend to such projects because they are familiar with the local ISP, the local economy, and the community. These big banks that the FCC wants, however, cannot judge the relative soundness of such projects, especially not “experiments.”

Big Banks Don’t Understand Risk

Why would you require a Letter of Credit from these banks? Last year, ILSR published a chart that shows how banks with more than $100 billion in assets “make poorer lending decisions and write-off more bad loans than do community banks, those financial institutions with under $1 billion in assets.”

Not all of the top 100 banks have more than $100 billion in assets, but there is no need to involve the big banks when rural Internet access programs can and often should work with small local banks. For instance, in Bozeman, Montana, eight local banks provided funding for the non-profit community network. The requirement is flawed, ill conceived, and evidence that our system is conditioned to... Read more

Posted March 22, 2016 by lgonzalez

Attorneys argued before the Sixth Circuit Court of Appeals on March 17th in the case of Tennessee and North Carolina vs the FCC. The attorneys presented their arguments before the court as it considered the FCC's decision to peel back state barriers that prevent local authority to expand munis.

A little over a year ago, the FCC struck down state barriers in Tennessee and North Carolina limiting expansion of publicly own networks. Soon after, both states filed appeals and the cases were combined.

You can listen to the entire oral argument below - a little less than 43 minutes - which includes presentations from both sides and vigorous questions from the Judges.

To review other resources from the case, be sure to check out the other resources, available here, including party and amicus briefs.

Posted March 17, 2016 by htrostle

As of now, 41% of tribal lands do not have high-speed Internet access according to the FCC Broadband Report of 2016 released on January 29, 2016. That same day, the Government Accountability Office (GAO) published a study of high-speed Internet access on tribal lands. 

The GAO report (GAO-16-222) reviewed previous federal programs that aimed to improve Internet access and interviewed several tribal entities. The result reveals the perspective of communities impacted by the data and cooperation - or lack of both - among the different federal entities. Long before this report, the FCC had recognized the shortcomings of these programs and began to improve data collection and inter-governmental cooperation.

Highlighted Areas for Improvement

The GAO focused mainly on FCC and USDA programs from 2010 – 2014, especially those that specifically addressed tribal connectivity. GAO researchers collected the perspectives of several tribal entities, which provided useful qualitative data to understand the impact of Internet access on these communities.

Tribal officials noted that the important role the FCC and USDA programs had in expanding high-speed Internet access. Throughout the report are anecdotes of how the several programs have benefitted tribal lands. The outreach efforts of the two federal agencies, however, are not always well coordinated:

“Officials from one tribe said that multiple federal programs offering similar grants were confusing and that a federal one-stop-shop for outreach and training would help them better target the right programs for their situation.“ (p. 22)

The report also touched on the quality of quantitative data. In 2006, there was little meaningful data. Although the situation has improved, reliable data is still lacking. Tribal lands are often rural and sparsely populated, such that census blocks (the basis of much data collection) cover large areas. This method can grossly overstate the availability of Internet access in such an environment.

GAO Recommendations and FCC Action

“GAO recommends that FCC (1) develop joint training and outreach with USDA; (2) develop... Read more

Posted March 14, 2016 by lgonzalez

This Thursday, March 17th, attorneys for the FCC and the states of Tennessee and North Carolina will present arguments to the Sixth Circuit Court of Appeals on a case that could define parameters for publicly owned Internet networks. The proceedings begin at 9 a.m. eastern. Each side has 15 minutes to present.

As we reported a year ago, the FCC ruled that state barriers in Tennessee and North Carolina limiting expansion of publicly own networks are too restrictive and threaten the U.S. goal of expanding ubiquitous access. The FCC overruled the harmful state laws but soon after, both states filed appeals.

The cases were consolidated in the Sixth Circuit and a number of organizations, including ILSR, offered Amicus briefs. We have collected all the briefs and made them available for you here. As most of our readers will recall, the case focused on Chattanooga and Wilson, two communities that know the many benefits of publicly owned networks.

So, when you raise your glass of green beer on Thursday to celebrate St. Paddy's, send some luck to our friends in Wilson, Chattanooga, and the FCC!

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