Tag: "legislation"

Posted April 24, 2018 by lgonzalez

We’re a little off kilter these days when it comes to state legislation. Typically, we spend our efforts helping local communities stave off bills to steal, limit, or hamstring local telecommunications authority. This year it’s different so Christopher and Lisa sat down to have a brief chat about some of the notable state actions that have been taken up at state Capitols.

We decided to cover a few proposals that we feel degrade the progress some states have made, bills that include positive and negative provisions, and legislation that we think will do nothing but good. Our analysis covers the map from the states in New England to states in the Northwest. 

In addition to small changes that we think will have big impact - like the definition of “broadband” - we discuss the way tones are shifting. In a few places, like Colorado, state leaders are fed up with inaction or obstruction from the big ISPs that use the law to solidify their monopoly power rather than bring high-quality connectivity to citizens. Other states, like New Hampshire and Washington, recognize that local communities have the ability to improve their situation and are taking measured steps to reduce barriers to broadband deployment.

While they still maintain significant power in many places, national corporate ISPs may slowly be losing their grip over state legislators. We talk about that, too.

For more on these and other bills, check out our recent stories on state and federal legislation.

This show is 24 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed.

Read the transcript for this show here.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes ...

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Posted April 13, 2018 by lgonzalez

Lawmakers in Ohio are slowly advancing a proposal to help fund rural broadband deployment. HB 378 has similarities to Minnesota’s Border-to-Border Broadband Program and will infuse $100 million in to broadband deployment ecosystem over the next two years. It’s a welcome lift for rural areas struggling to fend off economic dilemmas.

Companions

Last fall, State Senators Cliff Hite and Joe Schiavoni announced their intention to introduce a bill with the same effect. HB 378, however, appeared to pick up steam in March and, after strong bipartisan support in committee and on the floor of the House, the bill went on to the Senate on April 12th.

Back in October, Schiavoni said in a press release:

“This legislation is incredibly important to Ohio’s future. Without access to broadband internet service, businesses can’t reach their customers, students can’t do their homework and workers have difficulty searching for jobs.”

Democrat Ryan Smith and Republican Jack Cera introduced HB 378 with an eye toward economic development in their districts and other rural areas of the state facing the need to diversify their local economies. 

“With this bill, we have the opportunity to level the playing field for rural Ohioans when it comes to vital broadband infrastructure,” said Rep. Smith [in October]. “High speed broadband is the only way we can continue growing our economic base by attracting new commercial development and securing a strong labor force, our most valuable resource.”

Main Points

Like the Minnesota Border-to-Border Broadband Program, which has helped expand high-quality rural connectivity, this proposal doesn’t limit eligibility to private sector entities. Political subdivisions, nonprofits, and cooperatives can also receive awards of up to $5 million or half the cost of the project, whichever is less. This element of the bill is welcome and...

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Posted April 5, 2018 by lgonzalez

In March, Washington state legislators passed HB 2664 and sent it on to Governor Jay Inslee, who signed the bill on March 22nd. In the Port of Ridgefield, where the community has been developing plans for a dark fiber network, the community had advocated for the change. Now that the law will be changing for the better, they’re ready to pursue the partnerships they need to spur economic development and improve connectivity for residents and businesses.

Not A New Idea In The Port Of Ridgefield

Back in 2016, we reported how town officials from the Port of Ridgefield had already started setting aside funds to invest in a 42-mile dark fiber loop. The quality of residential and business Internet access options in the community depended on where a premise was located. The community’s Vice President of Innovation Nelson Holmberg described connectivity in the Port of Ridgefield as a “mixed bag”.

The port already had some fiber in place, as many do for communications between facilities and other uses, and port officials wanted to integrate those assets into the design of the new infrastructure. At the time, state law would only allow "rural" ports to use their fiber in any partnership agreements designed to offer connectivity to people or entities outside of the port districts. The Port of Ridgefield did not qualify as "rural". After advocacy from officials from the Port of Ridgefield and other ports around the state, legislators passed HB 2664, which amends the law to remove the restriction. All ports will soon be able to enter into wholesale arrangements with ISPs interested in leasing dark fiber to offer telecommunications services to the public.

Big Plans In Ridgefield

logo-port-ridgefield.png Last fall, the community in Clark County received a $50,000 grant from Washington’s Economic Revitalization Board, which they used to complete a feasibility study. There are approximately 7,...

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Posted March 26, 2018 by lgonzalez

A bill making its way through the Colorado General Assembly is tackling one of the tools that big incumbent ISPs use to secure their positions as monopoly Internet access providers - the right of first refusal. If HB 1099 passes, and other states see the savvy behind this approach, community leaders and advocates for a competitive broadband market will be able to put a chink in the monopoly armor.

Update: HB 1099 passed the Legislature and the Governor signed the bill into law on April 2nd, 2018. Yay!

A Familiar Story

ISP entrepreneurs, cooperatives that want to offer high-quality Internet access, and entities planning publicly owned projects know the story. Grants are available, usually for an unserved or underserved area that the incumbent DSL provider has ignored. Said entity invests the time and money into developing a plan and applying for the grant, feeling good about the fact that they will likely be able to serve this community that no one else seems to want to serve. 

They apply for the grant, may even receive a preliminary approval, BUT then the incumbent ISP exercises its right of first refusal, which throws a very big wrench into the plans of the ISP entrepreneur, cooperative, or entity.

In June 2017, we interviewed Doug Seacat from Clearnetworx and Deeply Digital in Colorado who told us the story of how his company had applied for and won grant funding through the Colorado Broadband Fund to develop fiber Internet network infrastructure near Ridgway. CenturyLink exercised its right of first refusal, which meant that unless Seacat could change the mind of the board that considered the appeal, CenturyLink would get the funding rather than Clearnetworx.

CenturyLink prevailed because it had the attorneys and the experience to wield the right of first refusal as a weapon. When all was said and done, however, the people in the project area did not have access to the fast, affordable, reliable fiber connectivity they would have obtained from Clearnetworx. CenturyLink instead obtained state subsidies to deploy DSL that was better than the services it was already offering, but no where near as useful as the Internet access Seacat’s company had planned to deploy....

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Posted March 9, 2018 by lgonzalez

Last week we reported about the uncertain position that faced Washington ports might find themselves in, should they decide to bring better connectivity to the areas within and around their service areas. We are pleased to learn that the state legislature saw the light and chose to pass the bill without the proposed harmful Senate amendments. It's good news, but the final bill isn't ideal. 

The Problem; The Proposed Solution

Current law allows ports to develop and use fiber optic infrastructure for its own uses both within and beyond their geographic borders; they can only offer wholesale services to other entities within their borders. HB 2664, as introduced, removed the geographic restriction for wholesale services. Communities like Bellingham want to attract ISPs to their cities to compete with incumbents and encourage better prices and services. With the ability to use fiber from the port and possibly integrate it into an expanded network, a city like Bellingham could save time and considerable expense if they wish to invest in Internet infrastructure throughout the community.

Local advocate Jon Humphrey, who has been following this bill and others in his area, noted that the bill had much to do with population density. There had been a change to the original language of bill — the “rural” port requirement, which effectively protected national ISPs from any competition. Humphrey wrote, “This is where the modification of the bill should have ended.”

To The Senate

The bill had no problem passing the House, but when the Senate took it up, they added several amendments that distressed Humphrey and others watching the bill and rooting for it to pass.

We were also concerned about the amendments, including a change that required projects to prioritize unserved and underserved areas. Serving such areas is certainly critical, but this type of language in legislation serves to protect incumbent ISPs from competition rather than to bring high-quality Internet access to areas ignored by those same incumbents. Allowing some level of competition in more densely populated areas helps support projects that reach into less populated unserved and underserved areas.

Humphrey expressed concern...

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Posted March 6, 2018 by lgonzalez

Senator Janice Bowling has long been a champion for rural broadband in Tennessee. On March 6th, her bill SB 1045 came before the Tennessee Senate Commerce and Labor Committee and the members chose not to advance the bill. Once again, big telephone and cable company interests win out over the needs of rural Tennesseans.

Download SB 1045 here.

Information Session 

Sen. Bowling presented information about the bill at a February 27th meeting of the committee. She introduced SB 1045 last year and it was added and removed from committee hearing schedules several times; HB 1410, the companion House bill from Rep. Weaver, encountered similar treatment. SB 1045 would allow municipal networks and cooperatives to provide broadband service beyond their service areas. Communities that don’t have municipal networks, will regain local authority to invest in Internet infrastructure.

Explaining The Need

In her February 27th presentation, Sen. Bowling described how rural areas in the state are crippled in various ways by the lack of high-quality connectivity. She provided a map that visualizes the disparities between rural areas, communities with fiber optic networks, and urban areas.

She described the need for fiber for economic development:

In rural Tennessee, if we have what is called an industrial park, and we have electricity…you have running water, you have some paved roads, but if you do not have access to fiber at this point, what you have is an electrified cow pasture with running water and walking trails. It is not an industrial park.

janice-bowling.jpg Bowling, whose district includes Tullahoma, has been working in this space for a long time and has gained knowledge from technical experts and business leaders. LightTUBe, her community's municipal fiber optic network, has been serving residents, businesses, and municipal facilities since 2009. The network has boosted economic development, improved education, and public savings...

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Posted February 28, 2018 by lgonzalez

PUDs in Washington have been developing fiber optic networks as open access infrastructure for decades. Even though ports have the same authorization to develop broadband infrastructure, their authority is limited. Currently, a port may operate telecommunications facilities for its own uses within and beyond its district, but can only provide wholesale services within the districts. A bill in the legislature would remove the ports' geographic limits and expand their authority, but amendments to the bill might cut into the measure's effectiveness.

Ports Want To Partner

HB 2664, which has worked its way through the state legislature aims to change the current situation by expanding a port’s ability to offer wholesale services outside of its district. The goal is to allow a port to use its infrastructure to partner with a private sector ISP to bring better connectivity to residents, businesses, and other entities in the areas around the port’s district.

HB 2664, which passed the House on February 14th, went on to the Senate and passed there, but was amended to require a project to focus on unserved and underserved areas. In places like Bellingham, where a city has grown up around the port and beyond its boundaries, the community could work with the port to make use of its fiber infrastructure to develop better connectivity for economic development, public savings, and better services for schools and libraries. A restriction forcing the port to prioritize on unserved and underserved communities, however, might thwart a project where DSL or cable now serves the community, even though the service is far below what the FCC considers broadband, expensive, or limited to spotty areas in town.

Putting It All Out There

Another amendment requires that any ports that decide to start using their infrastructure for wholesale service must first establish a business plan and have it reviewed by an independent third party consultant. Recommendations and adjustments associated with the review must all occur transparently. Often private sector partners shy away from working with the public sector when state laws put them in such a potentially vulnerable position.

HB 2664 started off as a promising piece of legislation but amendments may considerably limit its effectiveness.

The Process Continues

Due to the amendments in the Senate, the bill will go back to the House....

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Posted January 30, 2018 by lgonzalez

Suddenlink passed up the opportunity to offer connectivity in Pinetops, North Carolina, for years until now. About a year after a bill in the General Assembly gave nearby Wilson’s municipal network the ability to serve the tiny community, Suddenlink is taking advantage of the law to enter Pinetops and push Wilson’s Greenlight Community Broadband out.

Suddenly Suddenlink

One of his constituents called Town Commissioner Brent Wooten last October to share a conversation he'd had at work in nearby Wilson. Wooten's constituent had encountered a Suddenlink employee who told him, "We're coming to see you in Pinetops." The company had sent out a notice to employees that overtime would be available because Suddenlink was planning to run fiber from Rocky Mount to Pinetops.

Wooten hadn't heard anything from Suddenlink; neither had any of the other Commissioners. All he knew was that the company had been reducing staff and cutting costs ever since being acquired by Altice in 2015.

A Little History

While events that put Pinetops (pop. 1,300) in the national spotlight began in February 2015, the story has roots that go back further. Officials in Pinetops, recognizing that better local Internet access keeps small rural communities from wasting away, approached several providers years ago requesting better Internet infrastructure. Suddenlink’s service area ends about two miles outside of Pinetops town limits. Nevertheless, Suddenlink wasn't willing to bring cable service to Pinetops. CenturyLink didn't want to make investments to upgrade the community's old DSL solution; the community had no options from national providers.

Not far from Pinetops sits Wilson, North Carolina, where the city of about 49,000 enjoys the benefits of a publicly owned fiber optic network, Greenlight. Pinetops officials asked Wilson to expand Greenlight to their town, but state law precluded Wilson from offering broadband beyond county lines. Pinetops and the local Vick Family Farm, a large potato manufacturer with international distribution, were both desperate for better services, out of reach, and out of options because no other ISP...

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Posted December 26, 2017 by christopher

It is that time of year - as 2017 draws to a close, we pulled Nick, Hannah, Lisa, and myself back into a podcast to talk about the predictions we made one year ago on episode 234. And despite having to deal with our failed predictions from last year, we dive right into making more predictions for next year.

Along the way, we talk about the lessons we are taking away from 2017 and thinking more broadly about 2018. 

We talk about net neutrality, cooperatives, preemptive state laws, consolidation, and even start with me going on a mostly-unneeded rant about radio. 

So give the show a listen, and then start forming your own local Broadband and Beers informal group to begin organizing locally around better Internet access!

Read the transcript for this show here.

This show is 39 minutes long and can be played on this page or via iTunes or 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 Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license.

Posted December 7, 2017 by lgonzalez

The FCC is scheduled to decide the fate of Internet access on Thursday, Dec 14. Will anyone anywhere in the U.S. be able to pay one basic fee to access information on the Internet from the most popular to the most arcane content providers? If all indications are correct, probably not. ISPs will increasingly decide on what terms we access the content we want. Prepare for your bills to go up. 

You might wonder why the FCC is so focused on rolling back such an overwhelmingly popular policy in favor of giving more power to the most hated corporations in America. It isn't because the most recent rules to codify the long-standing principle of non-discrimination has harmed investment. It hasn't

But something struck us about the lobbying campaigns around this issue. This graphic from the Sunlight Foundation shows just how hard the top telecommunications companies and their lobbying associations have focused on defeating network neutrality. The image shows lobbying reports generated by lobbyists and whether or not the entity is opposed (red) or in favor of (green) network neutrality. As you can see, the amount of red coming from the ISPs that serve most of America vastly outstrips the green.

Lobbying-Reports-Mentioning-NN.png

Seeing Red

Since the Sunlight Foundation published this graphic in 2013, the landscape has changed in important ways. The two top firms supporting network neutrality were taken over by big monopolists that oppose maintaining an open Internet.

In 2015, Verizon acquired AOL for $4.4 billion and CenturyLink recently completed its acquisition of Level 3. CenturyLink, which sued the FCC over Title II reclassification, does not support network neutrality. The next strongest net neutrality supporter was Google, which took a quieter position in the 2015 debate over Title II but has...

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