The Georgia Senate is considering SB 313, a bill that would overrule local decision-making authority in matters of broadband. Even as connections to the Internet have become essential for communities, the Georgia Legislature is poised to make it harder for communities to get the networks they need. We saw very similar language in North Carolina pass last year after many years of lobbying by Time Warner Cable and CenturyLink. These massive companies use their lobbying clout to stop any form of competition they could face, and they are presently threatened by the examples of many communities that have built incredible next-generation networks. For instance, see the thousands of new jobs in Chattanooga that are credited to its community fiber network. Community networks spur competition -- it is why Chattanooga got Comcast's xfinity service before Atlanta, despite Atlanta having long been prioritized over Chattanooga previously. It is why Cox Cable, which is headquartered in Atlanta, launched its upgrades in Lafayette, Louisiana -- they felt the competition pressure from a community fiber network. Bill supporters are already claiming that this is just an attempt to level the playing field:

"The private sector is handling this exceptionally well," Rogers said. "What they don't need is for a governmental entity to come in and compete with them where these types of services already exist.

AT&T, one of the few dominant Internet access providers in South Carolina, is again pushing a bill in the state legislature that will gut the self-determiniation of local communities in the digital age. The market power of AT&T and Time Warner Cable has already driven most private sector competition from the market -- now they want to use their lobbying clout to ensure that the communities themselves cannot build the networks they need to attract economic development and maintain a high quality of life. Last year, we were deeply concerned about House Bill 3508 but it was orphaned in committee after AT&T lost its credibilty by encouraging the state adopt a broadband definition lower than even the much-maligned 200kbps previously used by the FCC. The bill is back this year and would have been taken up by the Senate Judiciary Committee today but that meeting now appears to be cancelled. Nonetheless, AT&T will undoubtedly find a way to bring it back this year and we shouldn't count on AT&T's stupidity to save us again from its massive lobbying clout. Phil Dampier has issued a call to action at Stop the Cap!, calling AT&T's bill the Profit Protection Act. He has a list of the Senate Judiciary Committee members so people in South Carolina can contact them. It is crucial that Senators and Representatives hear from constituents on these matters. Issues of telecommunications policy rarely generate phone calls, so even a few calls can make a different and will serve notice to elected officials that they are being monitored on this issue. There is no need for additional barriers in South Carolina for rural communities to build the networks they need. As we show on our community broadband preemption map, South Carolina has already enacted additional regulatory barriers that public sector entities must surpass in order to build this essential infrastructure in their community. South Carolina's communities have very poor access to the Internet compared to regional and international peers.

Last year we noted that a bill to expand local authority to invest in publicly owned broadband networks would return in 2012. HB 1711 is in Committee and causing a bit of a stir. "A bit of a stir" is good -- such a reaction means it has a chance at passing and giving Washington's residents a greater opportunity to have fast, affordable, and reliable access to the Internet. Washington's law presently allows Public Utility Districts to build fiber-optic networks but they cannot offer retail services. They are limited to providing wholesale services only -- working with independent service providers to bring telecom services to the public. Unfortunately, this approach can be financially debilitating, particularly in rural areas. Building next generation networks in very low density areas is hard enough without being forced to split the revenues with third parties. Last year, House Bill 2601 created a study to examine telecommunications reform, including the possibilty of municipality and public utility district provisioning. The University of Washington School of Law examined the issues and released a report [pdf] that recognizes the important role public sector investments can play:

Broadband infrastructure is this century’s interstate highway system: a public investment in an infrastructure that will rapidly connect Washington’s citizens statewide, nationally, and internationally; fuelling growth, competition, and innovation. Like highway access, the path to universal broadband access varies with the needs of the local community. Our primary goal is to expand broadband access. We believe allowing municipalities and PUDs to provide broadband services addresses the most significant hurdles to broadband expansion: the high cost of infrastructure. In conjunction with a state USF, PUDs and municipalities are well placed to address the needs of their consumers. A secondary goal is to promote a competitive marketplace.

It's a new year, but most of us are still stuck with the same old DSL and cable monopolies. Though many communities have built their own networks to create competition and numerous other benefits, nearly half of the 50 states have enacted legislation to make it harder for communities to build their own networks. Fortunately, this practice has increasingly come under scrutiny. Unfortunately, we expect to see massive cable and telephone corporations use their unrivaled lobbying power to pass more laws in 2012 like the North Carolina law pushed by Time Warner Cable to essentially stop new community broadband networks. The FCC's National Broadband Plan calls for all local governments to be free of state barriers (created by big cable and phone companies trying to limit competition). Recommendation 8.19: Congress should make clear that Tribal, state, regional and local governments can build broadband networks. But modern day railroad barons like Time Warner Cable, AT&T, etc., have a stranglehold on a Congress that depends on their campaign contributions and a national capital built on the lobbying largesse of dominant industries that want to throttle any threats to their businesses. (Hat tip to the Rootstrikers that are trying to fix that mess.) We occasionally put together a list of notable achievements of these few companies that dominate access to the Internet across the United States. The last one is available here. As you read this, remember that the FCC's National Broadband Plan largely places the future of Internet access in the hands of these corporations.

I've censored the following, in protest of a bill that gives any corporation and the US government the power to censor the internet--a bill that could pass THIS WEEK. To see the uncensored text, and to stop internet censorship, visit: http://americancensorship.org/posts/15925/uncensor

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If you aren't familiar with SOPA - the "Stop Online Piracy Act" or its companion in the Senate (called PIPA or Protect IP), you should be. This is legislation that would allow the US government to require Internet Service Providers block web sites without due process. Sascha Meinrath and James Losey from the New America Foundation explain the threat in Slate:

The interconnected nature of the Internet fostered the growth of online communities such as Tumblr, Twitter, and Facebook. These sites host our humdrum daily interactions and serve as a public soapbox for our political voice. Both the PROTECT IP Act and SOPA would create a national firewall by censoring the domain names of websites accused of hosting infringing copyrighted materials. This legislation would enable law enforcement to take down the entire tumblr.com domain due to something posted on a single blog. Yes, an entire, largely innocent online community could be punished for the actions of a tiny minority. If you think this scenario is unlikely, consider what happened to Mooo.com earlier this year. Back in February, the Department of Justice and Department of Homeland Security seized 10 domains during a child-porn crackdown called “Operation Protect Our Children.” Along with this group of offenders, 84,000 more entirely innocent sites were tagged with the following accusatory splash page: “Advertisement, distribution, transportation, receipt, and possession of child pornography constitute federal crimes that carry penalties for first time offenders of up to 30 years in federal prison, a $250,000 fine, forfeiture and restitution." Their only crime was guilt by association: They were all using the Mooo.com domain.

From our point of view, what is most interesting is not who is pushing this bill (Hollywood and the usual suspects that tried to kill the VCR because it would obviously destroy the movie industry) but who is not resisting.

Update: The Senate voted against turning the Internet over to Comcast, AT&T, and other major carriers. How did your Senators vote? The US Senate began debating network neutrality yesterday - the historic governing principle of the Internet that ISPs should not be allowed to tell their users where they may or may not go and should not prioritize some connections over others merely because it generates more revenue for the ISP. As Al Franken has said several times, this is the 1st amendment for the Internet - protecting everyone's speech. It prevents a few massive companies (or even local governments where they offer access to the Internet) from exerting too much influence over what subscribers are able to do on the Internet. Unfortunately, many Senators are campaigning against this principle, in part because they have been misinformed as to what it means and in part because they are getting a ton of campaign cash from corporations that recognize how much more profitable they would be if they could charge users extra to go to YouTube. There will be a vote today on a resolution of disapproval for the mild network neutrality rules proposed by the FCC last December (which the FCC Chairman chose to water down in part because he thought it would be less controversial -- FAIL). We would like to recognize some of those who have stood up to protect the open Internet, starting with Free Press. The American Sustainable Business Council authored an op-ed:

The truth is that if we want to make sure small businesses can grow with the assistance of broadband, the Internet must remain open.

An interesting article earlier this week on Boston.com says a number of Massachusetts towns are studying muni electric plants after the privately owned electrical company took too long restoring power in the aftermath of Hurricane Irene.

“We are at the very beginning. We want to see if municipal control is even possible,’’ said Norwell Town Administrator James Boudreau. “We want a faster response. This was a tropical storm. What if it was a category 2 hurricane? What if it was the winter?’’ he said, noting the efficient restoration of power in towns with electric utilities under municipal control, such as Hingham, Hull, and Braintree.

Braintree's municiple utility also runs a broadband network for the community. If these communities are looking at am uni utility, they should ceratinly consider improving their broadband access at the same time. As we have covered previously, Wired West (on the other side of the state) is a collection of many communities that recently formed municipal "light plants" (in the parlance of Massachuesetts) as a legal structure for building a community fiber network. As we have observed time and time again, local control tends to improve the quality and response time of customer service. And in those cases where it doesn't, at least they have no one to blame but themselves. It is well within their power to fix it. Curiously, National Grid was formed by combining privatized former muni electric utilities -- a warning to communities that may look to privatize their community broadband networks over time due to the mistaken notion that community ownership was only necessary to establish the network rather than ensure it continues operating for the benefit of the community. Community broadband is about far more than technology, it is about ownership by an entity with the right incentives to operate essential infrastructure. The company's response to this movement is fascinating:

National Grid offers a different opinion. Communities are “best served by a company with established practices, resources, and programs that can serve them in an evolving, challenging energy environment,’’ said Deborah Drew, a spokeswoman for the utility.

Say what?

Update: As we were publishing this, NCSL barred debate on the resolution. As Tim Judson, put it: Apparently it's ok for states to preempt communities but not for feds to preempt states. The National Conference of State Legislatures is currently meeting and today will vote on a resolution relating to community broadband networks. The resolution calls for NCSL to fight any federal effort to implement the National Broadband Plan recommendation that all communities be empowered to decide locally if they should build a network. Fabiola Carrion of Progressive States Network is there and put together a community broadband factsheet [pdf] and a call to action for people to oppose this wording.

Tomorrow, August 11th, the members of the National Caucus of State Legislatures will cast a final vote on a resolution entitled Twenty-First Century Communications, which threatens the existence of municipal broadband networks. The vote could have a serious impact in your local communities, increasing prices and diminishing broadband service. We need your support to defeat this troubling resolution. I've included a fact sheet below, highlighting the importance of municipal networks in making broadband more accessible, affordable and efficient for everyone.  Please share this with your colleagues and support our efforts to defeat this damaging resolution. 

NCSL should recognize that communities need all the tools available to make sure their businesses and residents have access to fast, affordable, and reliable Internet connections. AT&T's reaction to the fact sheet suggests that they may have been a driving force encouraging NCSL to fight for AT&T's right to buy legislation that prevents the most likely source of competition to AT&T's wireline services.

If the future is wireless, we have to preserve unlicensed spaces. To explain: most wireless stuff uses licensed spectrum - where only a single entity has permission from the FCC to use a specific wavelength of spectrum. While this is great for those who can afford to license spectrum (companies like AT&T and Verizon), it is not particularly efficient because the rest of us cannot use those wavelengths even if AT&T and Verizon aren't (which is particularly a problem in rural areas). Contrast that approach with Wi-Fi, which uses unlicensed spectrum. There are portions of spectrum where the FCC has said anyone can do anything. This is why we do not need permission to set up wireless networks in our house. Last year, the FCC made a great decision to make "white spaces" wireless technology unlicensed -- which will allow more of us (again particularly in rural areas) to use white spaces without having to get permission. Because this decision creates a larger potential market, we would have more manufacturers interested in creating gear -- meaning more innovation and a lower cost to establish wireless networks (that are far more powerful than Wi-Fi allows). But now Congress is considering reversing that decision and licensing that spectrum to generate a few billion dollars of one-time revenue for the government -- at a cost of far more than billions of dollars of lost opportunities, particularly in rural America where these unlicensed white spaces are the only real opportunity to rapidly deliver broadband in the short term. In short, keeping these white spaces unlicensed will be far better for rural economies, innovation, and productivity than a one-time infusion of cash into the federal government. These decisions are going to made shortly, so I encourage everyone to check out Public Knowledge's Action Alert calling on us to contact our members of Congress to oppose this approach.