Tag: "legislation"

Posted March 17, 2011 by christopher

Public Knowledge produced and released this video revealing the increasing divide between reality and what opponents of network neutrality claim.

Posted March 16, 2011 by ejames

Communities invest in telecommunications networks for a variety of reasons - economic development, improving access to education and health care, price stabilization, etc. They range from massive networks offering a gig to hundreds of thousands in Tennessee to small towns connecting a few local businesses.

This map tracks a variety of ways in which local governments have invested in wired telecommunications networks as well as state laws that discourage such approaches.

Our map includes more than 900 communities, of which more than 560 are served by some form of municipal network and more than 300 are served by a cooperative (updated January, 2020):
  • 63 municipal networks serving 125 communities with a publicly owned FTTH citywide network.
  • 63 communities with a publicly owned cable network reaching most or all of the community.
  • 237 communities with some publicly owned fiber service available to parts of the community (often a business district).
  • More than 120 communities with publicly owned dark fiber available.
  • More than 230 communities in 33 states with a publicly owned network offering at least 1 gigabit services. And at least 26 communities in 6 states with a municipal network delivering 10 gigabit services.
  • More than 330 communities served by rural electric cooperatives. 10 communities served by one broadband cooperative. (Communities served by telephone cooperatives will soon be on the map as well).

Nineteen states have barriers in place...

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Posted March 9, 2011 by christopher

The continuing saga of H129/S87 in North Carolina has proved at least one thing, Time Warner Cable knows how to pull the puppet strings. The bill was written by Time Warner Cable and pretends to be about creating a level playing field while it effectively outlaws community networks (and some public safety networks) -- much to Time Warner Cable's financial benefits.

It remains unclear whether Representative Avila, who is championing this TWC power grab, truly knows what she is doing or is simply ignorant and blindly trusts the TWC lobbyists actually running the show.

After Legislators received a torrent of phone calls opposing TWC's bill, Rep Avila promised to negotiate with communities to find some middle ground and ensure the legislation at least grandfathered existing community networks. Instead, she turned the meetings over to TWC to run -- rather than negotiating, they set their terms. She has made multiple public claims about being reasonable but in private, she has made it clear that this is Time Warner Cable's bill.

Communities are dead set against this bill, noting the many ways in which it creates unique barriers for their networks while giving a free pass to TWC. Hardly shocking as TWC wrote the bill and is calling the shots via Rep. Avila (whose own district opposes the bill).

Now Asheville has passed a resolution against the bill [pdf], fearing its passage would derail their public safety network. The staff report explains why:

The stated purpose of the bills is to protect jobs and promote investment in North Carolina. The mechanism for protection is structured as restrictions on local government on engaging in what governing boards deem to be public-purpose communication and/or broadband projects. While one might assume that the bill’s target of...

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Posted March 7, 2011 by christopher

Rockingham County has joined Raleigh in officially passing a resolution against legislation to cripple community networks in the state.

 

RESOLUTION
BY THE ROCKINGHAM COUNTY BOARD OF COMMISSIONERS
AGAINST SENATE BILL 87 and HOUSE BILL 129

WHEREAS, Senate Bill 87 and House Bill 129 have been introduced in the 2011-2012 Session of the General Assembly of North Carolina; and

WHEREAS, these bills do not provide a level playing field to cities, towns and counties, but greatly hinder local governments from providing needed communications services, especially advanced high-speed broadband services, in unserved and underserved areas; and

WHEREAS, these bills impose numerous obligations on cities and towns that private broadband companies do not have to meet; and

WHEREAS, private companies, despite having received favorable regulatory and tax treatment to enable broadband investment, have chosen to avoid the financial commitment necessary to provide top quality services to all residents and businesses; and

WHEREAS, while private companies declare top quality service is cost-prohibitive in our country, the United States continues to lose ground to other nations in broadband access, user cost and growth in number of users, falling behind the United Kingdom, Korea, France, Japan and Canada to name a few, and Japan has Internet access that is at least 500 times faster than what is considered high-speed in the United States and at less cost; and

WHEREAS, the bills would prohibit North Carolina cities and towns from using federal grant funds to 

deploy or operate locally-owned or operated broadband systems, thereby denying N.C. residents access to federal assistance available to the rest of the country and hindering employment opportunities; and

WHEREAS, deployment of high-speed Internet is a new public utility vital to the future economic development, educational outreach and community growth in North Carolina necessary to replace lost textile, tobacco, furniture and manufacturing jobs; and

WHEREAS, the General...

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Posted March 2, 2011 by christopher

Despite the FCC's lack of interest (or rather, Chairman G's lack of interest) in actually defending Network Neutrality and protecting the open Internet, we must defend the right of the FCC to ensure an Open Internet. Such is life... And right now a House amendment would deny funding to the FCC to implement net neutrality rules.

Rep. Greg Walden (R-OR), has authored Amendment 404 (aptly numbered, for us protocol geeks) to gut FCC authority to oversee companies like Comcast and AT&T. This goes above and beyond what even those carriers are asking for, though they no doubt hope it succeeds. For a quick primer on network neutrality, check out this infographic.

This amendment may be attached to the Continuing Resolution necessary to keep the government running -- a crucial resolution to pass. We have to get on the horn to ensure Representative vote against this resolution to ensure the FCC has the authority it needs to do its job (preventing AT&T, Comcast, et al. from becoming supreme gate keepers of the Internet). Many Republicans may be lost causes here due to party line discipline. However, a number of Democrats are leaning toward voting with Republicans on this issue, including one of Minnesota's: Representative Colin Peterson from the 7th District. If you are a constituent of these Representatives, make sure you contact them! Representative Peterson has previously voted in favor of network neutrality, so it is important to find out why he has changed his mind.

Network Neutrality had long been a bi-partisan issue with both Democrats and Republicans seeking to preserve the open Internet. But recently Republicans have been swayed by powerful interests that want big companies to decide how we can access the Internet.

 

These are key representatives that should be contacted. If you are a constituent or know people who are, make sure they call or email immediately!

...
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Posted March 1, 2011 by christopher

As the North Carolina Legislature considers HB129 and S87 to greatly limit community broadband networks (we analyzed the bill here), it is worth taking a step back to understand why companies like Time Warner Cable provide broadband that is unreliable and comparatively both slow and costly without having other companies come in to offer a better product. The problem is basic economics: the problem of natural monopoly.

Ever wonder why you generally don't have a choice between two major operators like Comcast and Time Warner Cable? They have carved up the market due to the costs and difficulty of directly competing with one another.

Some folks have a choice of cable companies -- RCN and Knology, for instance, have been successful overbuilders in a few regions (though they went through troubles far worse than most public networks that have been termed "failures").

But for the most part, overbuilding an incumbent cable company is all but impossible -- especially for a private sector company looking for a solid return on investment inside a few years. In the face of a new cable entrant, massive companies like TWC start lowering prices, offering cash or other enticements, and lock both residents and businesses into contracts to deny the entrant any subscribers.

Companies like TWC can do this because they have lower costs (through volume discounts for gear, content, and even marketing synergies as well as because they long ago amortized the network construction costs) and can take losses in one community that are cross-subsidized by profits from non-competitive areas. New entrants, both private and public, have higher costs as well as a learning curve.

This is why we have so little broadband competition. Without competition, the few providers we have invest less and charge more, which is other countries are rapidly surpassing us (not because we have large rural areas, nonetheless a popular straw man).

In the face of this reality, communities have built their own networks for a variety of benefits, including creating competition or changing the dynamic of a duopolistic "market." Massive incumbent providers responded by claiming competition from communities was unfair and using their lobbying power to...

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Posted March 1, 2011 by christopher

A coalition of private companies, including Alcatel-Lucent, American Public Power Association, Atlantic-Engineering, the Fiber to the Home Council, Google, Intel, OnTrac, Telecommunications Industry Association, and Utilities Telecom Council, have released a letter opposing HB129/S87 in North Carolina. The bill would create considerable barriers to community broadband networks and public-private partnerships, effectively outlawing both given the restrictive language. We examined this bill here>. This the text of the letter they released:

February 25, 2011
via email

Representative Thom Tillis
Speaker of the House
Room 2304
16 West Jones Street
Raleigh, NC 27601-1096

Senator Phil Berger
Senate President Pro Tempore
Room 2008
16 W. Jones Street Raleigh, NC 27601-2808

Dear Representative Tillis and Senator Berger:

We, the undersigned private-sector companies and trade associations, urge you to oppose H129/S87 (Level Playing Field/Local Competition bill) because it will harm both the public and private sectors, stifle economic growth, prevent the creation or retention of thousands of jobs, hamper work force development and diminish the quality of life in North Carolina. In particular, this bill will hurt the private sector in several ways: by curtailing public-private partnerships, stifling private companies that sell equipment and services to public broadband providers, and impairing educational and occupational opportunities that contribute to a skilled workforce from which businesses across the state will benefit.

The United States continues to suffer through one of the most serious economic crises in decades. The private sector alone cannot lift the United States out of this crisis. As a result, federal and state efforts are taking place across the Nation to deploy both private and public broadband infrastructure to stimulate and support economic development and jobs, especially in economically distressed areas. North Carolina has been the beneficiary of these efforts, as MCNC, with its $148 million award, is now building a state-of-the-art fiber optic network that will cross 106 counties and make available low-cost, internet connections to numerous high-cost, low-density, communities that the state’s private providers have...

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Posted February 22, 2011 by christopher

As part of the effort to stop the bill that will codify Time Warner Cable's monopoly in North Carolina, we published a press release today (previous coverage of the bill here):

While the rest of the world is working to become more innovative and competitive, the North Carolina General Assembly is considering a bill that will stifle innovation, hurt job creation and slow economic development. The Bill, H129/S87 will effectively prevent any community from building a broadband network and impose onerous restrictions on existing networks, including Wilson’s Greenlight and Salisbury’s Fibrant. Greenlight and Fibrant are the most technologically advanced citywide networks in the state, comparative to the best available in the U.S. and international peers, according to a study released by the Institute for Local Self-Reliance (ILSR) in November, 2010.

This bill will protect the aging networks of incumbent cable companies—furthering their effective monopolies—that have refused to invest in newer, faster technologies.

“This bill is a job and competitiveness killer. I don’t know why North Carolina wants to protect old technology, but if they want to get on the information super highway in a horse and buggy—the world is going to pass them by,” said Christopher Mitchell, Director of ILSR’s Telecommunications as Commons Initiative.

The bill says it is an act to “protect jobs,” a claim that puzzles Mitchell. “Community owned networks create jobs both directly and indirectly – and there is no evidence they have resulted in the elimination of any jobs.”

You can now Sign a petition showing your support for community networks in North Carolina - please make sure this link circulates among any contacts you have in NC!

Posted February 17, 2011 by christopher

As we predicted, Time Warner Cable is pushing a new bill in North Carolina to limit competition and local authority to build broadband networks (Save NC Broadband is alive again). H129 purports to be An Act to Protect Jobs and Investment By Regulating Local Government Competition with Private Business - [download a PDF of the bill as introduced].

This bill is another example of state legislators refusing to allow communities to make their own decisions -- imposing a one-size-fits-all policy on communities ranging from the metro area of Charlotte to small communities on the coast and in the mountains. Many of the provisions in this bill apply tough constraints on the public sector that are not applied to incumbent providers, but this analysis focuses only on a few.

Let's start with the title:

An Act to Protect Jobs and Investment by Regulating Local Government Competition with Private Business

There is no support anywhere in this bill to explain what the impact of community networks is on jobs. Nothing whatsoever. There is a claim that "the communications industry is an industry of economic growth and job creation," but ignores the modern reality that that the communications industry goes far beyond the private sector. In fact, the recent history of massive telecommunications providers is one of consolidation and layoffs. It is the small community owned networks that create jobs; larger firms are more likely to offshore or simply cut jobs.

Certainly all businesses depend on communications to succeed. Unfortunately, they are often limited to very few choices because the of the problem of natural monopoly. This is why many communities have stepped up, including three in North Carolina (two of whom offer the offer the most advanced services in the...

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Posted February 9, 2011 by christopher

In South Carolina (the state TWC Forgot), AT&T is pushing harsher restrictions on any publicly owned broadband system in an attempt to derail one or more broadband stimulus projects. South Carolina already greatly restricts community broadband networks, likely one of the reasons no incumbent there bothers to upgrade in a similar time frame as the rest of the country.

This should be seen a significant overreach -- AT&T is trying to shut down County efforts to improve middle mile access -- whereas most preemption tends to heavily restrict community last-mile networks. This is a whole new world of anti-competitive policy to favor AT&T (not dissimilar from what AT&T wants to do in Wisconsin and Fairpoint did in Maine).

The bills would force Oconee County to follow guidelines as a broadband service provider that would likely cripple the county’s current three-year project to construct 245 miles of broadband cable, county administrator Scott Moulder said.

...

Oconee County’s goal is to be a so-called “middle mile” provider, Moulder said, essentially providing a network that would allow private broadband providers to extend their service into areas they aren’t serving. In most cases, those are areas where the private providers have found it is not financially feasible to install their own infrastructure.

AT&T, Moulder said, has been asked to be a partner in the project as a retailer, but the company’s current actions are a rebuff.

The Oconee project is meant to attract additional independent service providers to invest in projects, not the County itself. But that hardly matters to AT&T, which wants to preserve the present lack of competition in order to maximize their gains at the public expense.

The Bill, S 483 is viewable here and contains the same old tired arguments claiming...

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