Most residents and businesses in Oconee County, South Carolina, used dial-up connections when county officials applied for stimulus funding in 2010; there were still people in the county with no Internet access at all. A few had DSL connections, but even county facilities struggled with antiquated infrastructure. After an AT&T attack upended their plan to offer retail services, they pressed on and improved connectivity in the rural community. Powerful incumbent forces and a bad state law, however, eventually led this community to choose privatization.

Ripe For Stimulus

We spoke with Kim Wilbanks, who served as Project Manager for Oconee FOCUS, the 240-mile fiber optic publicly owned network. She worked with a small team of people that applied for funding through the American Recovery and Reinvestment Act (ARRA) to obtain funds for the project. Wilbanks and former FOCUS Director Mike Powell were instrumental in establishing the infrastructure. The Wilbanks family used dial-up Internet access until 2010 when AT&T finally installed DSL on her street on the edge of town in the mostly rural county.

The mountains and hills across the county’s 674 square miles create a terrain that is speckled with man-made lakes. Fishing, water skiing, and sailing are popular and the lakes and waterfalls contribute to the region’s hydroelectric energy. Approximately 75,000 people live in Oconee County scattered within many of the small rural communities. The largest city’s population is only about 8,000.

Oconee County’s rural environment with a sparse population, sluggish economic growth, and high number of unserved and underserved premises, was the type of region where stimulus funds helped jump start projects. When the county received a grant in the second round of awards in the summer of 2010 for $9.6 million, officials at the county planned to connect community anchor institutions and municipal and county facilities first. They planned to later expand and bring businesses and residents better Internet access. The county matched the federal grant with $4.7 million to deploy the $14.3 million fiber optic infrastructure. After the RFP process, they were able to start construction in early 2011. By the end of 2013, they had finished construction; by 2014...

Update 12/22/2017: Original maps generated on December 11th and used for these fact sheets understated the population of Americans forced to obtain services from known network neutrality violators. The problem is even greater than we originally calculated. We've update our maps and our fact sheets to reflect the more accurate data.

Network neutrality protects Americans from the ability of powerful ISPs to exercise unchecked power over what subscribers access and how quickly they receive certain content. The neutral characteristic of the Internet is one of its finest qualities. If Republican FCC Commissioners and Chairman Ajit Pai vote to shred network neutrality on December 14th as they’ve indicated, 177 million Americans will be left to the whims of a flawed market.

Mapping It Out, Presenting The Fact (Sheets)

We recently presented visualizations based on FCC Form 477 data that supports our findings on the way the repeal will limit vast swaths of people to a bleak Internet access future. Nationwide, approximately 29 million people have no broadband Internet access. Another 129 million will have no ability to change Internet access providers because there is no other option. Out of those folks, 48 million are forced to take service from an ISP that is a known network neutrality violator. Likewise, 146 million may have a choice between two ISPs, but about 52 million must choose between two network neutrality violators that have actively worked to undermine the policy for years. 

Our team also parsed out the numbers for California and the East Coast from Maine to Virginia. The results are just as discouraging.

In our fact sheets, we focused on the number of people who either have no broadband access or who will be forced to take service from a firm that is a known violator of network neutrality. We've included our maps to help illustrate just how pervasive this problem is in each region.

As a defender of network neutrality, this is the kind of information you want to share. You can easily print, post, and pin...

With the best intentions, Kentucky announced in late 2014 that it would build out a statewide open access fiber optic network to at least one location in each county to encourage high-quality connectivity in both urban and rural communities. Hopes were high as rural residents and businesses that depended on DSL and dial-up envisioned connectivity to finally bring them into the 21st century. After almost three years and multiple issues that have negatively impacted the project, legislators and everyday folks are starting to wonder what's in store for the KentuckyWired project. 

Local Communities Are Best Suited To Deploy Community Networks

There is no one-size-fits-all method of deploying across a state filled with communities and landscapes as diverse as Kentucky. From the urban centers like Louisville and Lexington to the rocky, mountainous terrain in the southeastern Appalachian communities, demographics and geography vary widely. But most lack modern Internet access and local ISPs have found it hard to get affordable backhaul to connect to the rest of the Internet.

There are several municipal networks in Kentucky, some of which have operated for decades. In addition to Glasgow, Paducah, Bowling Green, Frankfort, and others, Owensboro is currently expanding a pilot project that proved popular. As our own Christopher Mitchell discussed at the Appalachia Connectivity Summit, several cooperatives have made major fiber-optic investments in the state.

When it comes to connecting residents and local businesses, we strongly believe local entities are the best choice. Local officials have a better sense of rights-of-way, the challenges of pole attachments, and the many other moving pieces that go into network investment. Projects with local support see fewer barriers - people are more willing to grant easements, for instance. 

As a state, building an open access fiber network into each county makes sense. States also need to connect their offices, from public safety to managing natural resources and social services. Rather than overpay a massive monopoly like AT&T...

Louisville has overcome a tall hurdle in its efforts to bring better connectivity and more competition to the community through local control. On August 16th the U.S. District Court for the Western District of Kentucky supported the city’s one touch make ready (OTMR) ordinance. AT&T challenged the ordinance in court, but their arguments fell flat and court confirmed that the city has the authority to manage its rights-of-way with OTMR.

State Law

AT&T’s claim based on state law asserted that the city was overstepping its authority by enacting the OTMR ordinance because it was impinging on Kentucky Public Service Commission jurisdiction. AT&T attorneys argued that, according to state law, the PSC has exclusive jurisdiction over utility rates and services, but the court found that argument incorrect.

Within the state law, the court found that the OTMR ordinance fell under a carve-out that allows Louisville to retain jurisdiction over its public rights-of-way as a matter of public safety. The ordinance helps limit traffic disruptions by reducing the number of instances trucks and crews need to tend to pole attachments. The court wrote in its Order:

AT&T narrowly characterizes Ordinance No. 21 as one that regulates pole attachments. But the ordinance actually prescribes the “method or manner of encumbering or placing burdens on” public rights-of-way. … It is undisputed that make-ready work can require blocking traffic and sidewalks multiple times to permit multiple crews to perform the same work on the same utility pole…. The one-touch make-ready ordinance requires that all necessary make-ready work be performed by a single crew, lessening the impact of make-ready work on public rights-of-way. … Louisville Metro has an important interest in managing its public rights-of-way to maximize efficiency and enhance public safety. … And Kentucky law preserves the right of cities to regulate public rights-of-way. … Because Ordinance No. 21 regulates public rights-of-way, it is within Louisville Metro’s constitutional authority to enact the ordinance, and [the state law granting authority to the PSC] cannot limit that authority. 

Federal Jurisdiction

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