Tag: "franchise"

Decatur I-Net Plans Draw Comcast Acrimony in Georgia

Posted May 29, 2019 by Katie Kienbaum

At a May 6 City Commission meeting in Decatur, Georgia, city leaders approved a project budget of $2.35 million to build a municipal I-Net and award the construction contract to Georgia-based Network Cabling Infrastructures, Inc. The decision came amid demands from cable giant Comcast that the community of about 24,000 immediately begin paying exorbitant fees for infrastructure the city has used under a past local franchise agreement. The case of sour grapes was resolved, but it once again reveals how the large corporate monopolies don't hesitate to flex their muscles when things don't go their way.

Conflict Over I-Net

The infrastructure at the center of the dispute dates back to the late 1990s to a franchise agreement Decatur made with MediaOne, which Comcast has since acquired. As part of the deal, MediaOne agreed to connect city facilities with a fiber network, and the city permitted the cable company to recover some construction costs through a 25 cent charge on subscribers’ monthly bills, up to a total cap of $200,000. MediaOne finished building the I-Net in 2000. Since then, Decatur has used the infrastructure without paying fees to MediaOne or Comcast for critical city operations.

Last year after working with a consultant, Decatur decided to replace the aging I-Net with a new, city owned fiber network and began to search for a contractor to build it. Comcast was one of several companies that responded to a Request for Qualifications (RFQ) issued by Decatur in October, but it did not meet the requirements established by the city.

Less than one month after Decatur notified Comcast that it was not selected, the company told former City Manager Peggy Merriss that it planned to retire the I-Net right away, unless the city paid for its use. A few months later, Comcast reiterated its intentions to current City Manager Arnold, explaining that the company had acquired a state franchise to replace the local franchise agreement that ended in 2009. According to Arnold, Comcast decided to charge the city approximately $370,000 annually for use of the current I-Net until the new one is built.

At the Decatur City Commission meeting on April...

Publicly Owned Conduit: Network Neutrality Can-Do Tool

Posted January 19, 2018 by lgonzalez

Ever since the FCC reversed network neutrality protections, an increasing number of local communities have started to wonder about the advantages of publicly owned Internet infrastructure, including conduit. At the Institute for Local Self-Reliance, we’ve received an uptick in requests for information from elected officials, community business leaders, and local citizens.

When folks are similarly curious about public-private partnerships, they wonder about whether or not a municipality or other form of local government can require a private sector partner ISP to adhere by the tenets of network neutrality. An agreement between public and private sector partners to bring better connectivity to a city or region is a contract between the involved parties; the FCC’s decision won't interfere.

Looking At Lincoln

Lincoln, Nebraska, has fine-tuned the art of working with private sector partners interested in using their publicly owned conduit for privately owned fiber. The city invested in an extensive conduit system back in 2012 to create an environment that would welcome private sector providers. Nelnet’s ALLO Communications uses the conduit to offer Fiber-to-the-Home (FTTH) in Lincoln.

The city uses a Broadband Franchise agreement to allow ISPs non-exclusive use of their publicly owned conduit. In Section 4: Service Characteristics, Lincoln requires any private sector ISP that wishes to use their conduit to adhere by network neutrality rules, which they clearly spell out. You’ll notice that the city also imposes a “no data caps” rule:

Section 4: Service Characteristics.

A. The System shall, at a minimum, provide the following capabilities and characteristics:

1.Net Neutrality: In the provision of Broadband Service, Franchisee shall comply with the Open Internet regulations.  

2.No Blocking: Franchisee shall not block lawful content, applications, services, or non-harmful devices; and  

3.No Throttling: Franchisee shall not impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or the use of non-harmful devices; and  

4.No Paid Prioritization: Franchisee shall not engage in paid prioritization, where paid prioritization means the management of the System to...

UTOPIA Reaches Milestone

Posted January 4, 2018 by lgonzalez

Things have been looking up for the Utah Telecommunications Open Infrastructure Agency’s fiber optic network (UTOPIA) in recent years and in December network officials reported they’ve reached a significant financial milestone. For the first time since the open access network began operations in 2003, revenue will cover bond payments and will provide a 2 percent dividend to most of the member communities.

Despite The Limitations

In keeping with state restrictions, UTOPIA can only provide wholesale services via their fiber infrastructure. Ten ISPs offer residential services on the network, which establishes ample competition and all its benefits for subscribers, including lower prices, better customer service, and the ability to switch providers. Businesses can choose from 25 ISPs.

The wholesale-only model, however, significantly reduces the revenue communities can expect from their investment, which was the case with UTOPIA. The eleven member cities bonded approximately $185 million, but revenue limits due to the restriction, some early management decisions, and general apprehension from member communities, created political controversy. At one point, member communities considered selling out to Australian investment firm Macquarie.

Fortitude Paying Off

In 2011, eight of the member communities created the Utopia Infrastructure Agency (UIA) in order to spur more network expansion. UIA collaborates with UTOPIA as a separate entity; its purpose is to deploy the network in more locations and connect more premises and has issued the dividend to its member communities.

Communities in the region chose to stick with their investment, however, and gradually, as Jesse Harris from FreeUTOPIA noted in 2016, negative public opinion turned around. Things for the eleven member communities were on an upward trajectory and soon neighboring...

Transcript: Community Broadband Bits Episode 281

Posted December 4, 2017 by Staff

This is the transcript for Episode 281 of the Community Broadband Bits podcast. Will Rinehart of the American Action Forum in Washington D.C. discusses telecommunications and economics with our host Christopher Mitchell. Listen to this episode here.

Will Rinehart: And I do think that obviously good policy is very very important and that's where you and I agree a lot. You know there's obviously some good policies that can be enacted. There's probably better conversations that could be had in this space and that's also something else that I really do really want to see. You're

Lisa Gonzalez: listening to episode 281 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzales as a research organization. We here at the institute make it a habit to hear all sides of the debate along the way we make connections with people who offer perspectives on policy that differ from ours. We consider these conversations critical as we analyze factors that help us create policy recommendations and resources for local communities. This week Christopher talks with Will Rinehart from the American Action Forum. They got together at the recent broadband community's economic development conference in Atlanta. In this conversation you'll hear the two discuss a variety of topics they talk about the area of telecommunications and economics and the forum's approach. You'll also hear that these different perspectives aren't as black and white as they first appear. Now here's Christopher with Will Rinehart from the American Action Forum.

Christopher Mitchell: Welcome to another edition of the community broadband bits podcasts. I'm Chris Mitchell with the Institute for Local Self-Reliance. Coming to you from Atlanta sitting practically on a runway at the Atlanta airport with Will Rinehart the Director of Technology and Innovation Policy with the American Action Forum. Welcome to the show. Thanks Chris. Thanks for having me. We're at the broadband community's event here. We just had our second panel which is called a blue ribbon panel and general session kind of thing. And you and I are typically brought on as people who have very opposing points of view.

Will Rinehart: [laughs] To...

Another Perspective on Policy From American Action Forum - Community Broadband Bits Podcast 281

Posted November 29, 2017 by lgonzalez

Christopher went to Atlanta for the Broadband Communities Economic Development Conference in early November, and while he was there, he touched base with this week’s guest Will Rinehart. Will is the Director of Technology and Innovation Policy at the American Action Forum, a DC nonprofit organization that’s been around since 2009.

Will and Christopher don’t always see eye to eye on issues that affect telecommunications and broadband policy, but both agree that it’s important to have spirited debate to share perspectives. Only by examining issues from different sides can we craft policy that creates lasting benefits.

In this interview, Will describes his organization and his work there. Chris and Will look at compelling issues such as ISP competition, government regulations, and how the FCC’s 2015 upgraded definition of broadband has reverberated in the market. The two get into franchising and ubiquitous broadband, local authority, and connectivity in rural America. It’s a spirited discussion chock-full of issues.

You can tweet to Will, he’s @WillRinehart on Twitter.

Read the transcript for this show here.

This show is 30 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.

UTOPIA Expanding To Non-Member Towns

Posted April 21, 2017 by lgonzalez

The Utah Telecommunications Open Infrastructure Agency’s (UTOPIA) regional fiber network serves communities in the north central region of the state. Without the publicly owned network, it’s doubtful the eleven communities served would have access to high-quality Internet access. It’s almost certain they wouldn’t be able to choose between so many providers who operate on UTOPIA's open access infrastructure. Now, the city of Bountiful, Utah, wants the network to extend its reach to their community.

Reaching Out To Other Communities

Recently, the city council voted to give UTOPIA a franchise agreement so the network but the city will not contribute financially to the deployment. According to the Standard Examiner, officials from the networks anticipate the first customers will be business subscribers who would help pay for the expansion.

Bountiful isn’t alone - other communities have granted franchise agreements to UTOPIA.

“This is just kind of a natural progression out of the Salt Lake Valley,” said [Roger] Timmerman, executive director of UTOPIA… The deal “brings more options to Bountiful,”

Bountiful City Councilman Richard Higginson described UTOPIA as a “proven player” in an email to the Standard Examiner. Other communities with franchise agreements include Salt Lake City, Draper, South Jordan and Pleasant Grove. Higginson wrote:

“If UTOPIA and its member cities find that providing services to customers in neighboring cities benefits their operation, then it could be a win-win for both UTOPIA and non-UTOPIA cities alike."

The franchise agreements will allow UTOPIA to deploy in cities' rights-of-way in order to connect customers to the network.

Broadband Benefits In UTOPIA Towns

Last fall we spoke with Mayor Karen Cronin from Perry City, which already connects to the UTOPIA network. She described how competition from the open access network has improved local services, the economy, and the general quality of life. Roger Timmerman participated in the interview as well. Listen to the podcast here.

There are...

Transcript: Community Broadband Bits Episode 228

Posted November 15, 2016 by Anonymous

This is episode 228 of the Community Broadband Bits Podcast. Fiber Infrastructure and Right of Way Manager David Young of Lincoln, Nebraska, describes the city's work with local Internet Service Provider, Allo Communications. Listen to this episode here.

Listen to, or read the transcript for, episode 182 in which David Young, Mike Lang, and Steve Huggenberger discuss conduit policy in more detail.

David Young: Engaging your provider, engaging your community upfront and deciding what your model should be and then creating a plan and executing that plan is very important.

Lisa Gonzalez: This is episode 228 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez . A number of states have laws on the books that obstruct local governments from directly providing high quality Internet access to businesses and residents, or even partnering with local providers. Nebraska happens to be one of them. In Lincoln the community found a way to work within the confines of the law by using publicly owned conduit and creating a welcoming environment for private Internet Service Providers. As a result, Lincoln has entered into an agreement with the local provider Allo Communications who will use the conduit to build its Fiber-to-the-Home network. David Young, Lincoln's Fiber Infrastructure and Right of Way Manager talks with Chris this week. David discusses the early days of the project and how it has evolved. He also shares more information about the franchise agreement and more about the partner Lincoln chose. Be sure to take a few moment and listen to Chris' interview with David and several of his colleagues in episode 182 from last December. Now here are Chris and David Young, Lincoln, Nebraska's Fiber Infrastructure and Right of Way Manager talking about the community's conduit network and how they are capitalizing on it to bring better connectivity and technology to Lincoln.

Chris Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell. Today I'm speaking with David Young the Fiber Infrastructure and Right...

Mediacom Lawyers Slow Competition With Court Time, Resources

Posted October 6, 2016 by lgonzalez

When big corporate incumbent providers fear a hint of competition from a new entrant, they pull out all the stops to quash any potential threat. One of the first lines of offense involves the courts. Iowa City now leases its fiber to Cedar Rapids based ImOn and to stop it, Mediacom is reprocessing an old argument. It didn't work the first time, but they are going for it anyway; this is another example of how cable companies try to hobble competitors; just stalling can be a "win."

A Lawsuit In Search Of An Offense

Mediacom has a franchise agreement with Iowa City to offer cable television services and it also provides subscribers the option to purchase Internet access and telephone services. As most of our readers are attuned to these matters, you probably already understand that just any old cable TV provider can’t come into Iowa City and set up shop. State and local law require them to obtain a franchise agreement, which often includes additional obligations in exchange for access to a community’s potential customer base.

According to a 2015 Gazette article, Mediacom provides annual payments for use of the public right-of-way, operates a local office, and provides free basic cable services to local schools and government buildings. These types of commitments are commonplace as part of franchise agreements and are small sacrifices compared to the potential revenue available to Mediacom.

ImOn started offering Internet access and phone services to Iowa City downtown businesses in January but the company does not offer cable TV services like it does in other Iowa municipalities. ImOn doesn't have a franchise agreement with Iowa City but Mediacom says that it should. They argue that, because ImOn has built a system capable of offering video service, it should also have to obtain a franchise agreement.

In August, U.S. District Court Judge Charles R. Wolle dismissed the case, stating in a nutshell:

"Although ImOn is constructing in Iowa City a system that may become capable of delivering cable...

Bar Harbor Votes Down Funding For Study...This Time

Posted July 1, 2016 by alexander

On June 7th, Bar Harbor residents voted against funding the first $50,000 of a $100,000 engineering study for a fiber network to connect municipal facilities. A contentious 47-57 vote at the annual town meeting erased the Capital Improvement Program (CIP) from the annual budget, postponing progress on potential publicly owned Internet infrastructure.

Decision Leaves Locals Stranded

The town is still clinging to hopes that it can arrange a new agreement with incumbent provider Charter Communications, who owns the majority of fiber on Mount Desert Island, where the city is located. The franchise agreement, inherited by Charter Communications when it merged with Time Warner Cable, expired in 2014. Negotiations on a new agreement appeared to have stalled when Charter wanted to begin charging the town access to incumbent fiber. In the prior agreement, municipal use of fiber to municipal facilities was a service included without an additional fee.

Bar Harbor officials are finding themselves in the same position as other communities similarly situated. After years of dependence on incumbent infrastructure connecting city buildings as part of franchise agreements, incumbents are now trying to squeeze as much as possible out of that dependence. Time Warner Cable tried the same strategy in Martin County, Florida, but the community invested in its own fiber-optic network and is now saving millions.

Apparently, Bar Harbor's leadership was split over the decision to include the funds for the study in the budget. During the budget process, the Warrant Committee took several close votes on whether or not to include the funding. Ultimately, the entire community decided that they prefer to maintain a balance in their CIP fund.

Mount Desert Islander reported on the June 7th vote,

“'A majority of the council thinks it’s prudent to have some money in the account in case things change with our agreement," [Councilor] Stivers said.

Preliminary Study Lighting the Way

A 2015 preliminary study evaluated the possibility of Bar Harbor building a fast...

CityLink Telecommunications in Albuquerque Prefers Open Access - Community Broadband Bits Podcast 208

Posted June 28, 2016 by christopher

A small telecommunications company in Albuquerque embodies much of the philosophy that has powered the Internet. And CityLink Telecommunications President John Brown credits Vint Cerf for some of that inspiration.

John Brown joins us for episode 208 of the Community Broadband Bits podcast, where we talk not just about how enthusiastic he is for open access, but how he writes open access requirements into contracts to ensure CityLink would continue to operate on an open access basis even if he were struck down by an errant backhoe.

We also discuss the Internet of Things and security before finishing with a discussion of how he thinks the city of Albuquerque should move forward with his firm to save money and improve Internet access across the community. We also touch on Santa Fe's decision to work with a different company in building their short spur to bypass a CenturyLink bottleneck.

Read the transcript from this show here.

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