Tag: "states"

Posted August 31, 2016 by christopher

It has been several weeks, but Lisa and I wanted to answer any lingering questions people may have about the results of the Sixth Circuit case reviewing the FCC's action to remove state-created barriers to municipal networks. We devoted Community Broadband Bits episode 217 to the case and aftermath.

The Sixth Circuit ruled against the FCC narrowly - finding that while it had no dispute with the FCC's characterization of municipal networks as beneficial, Congress had not given the FCC the power to overrule state management of its subdivisions (cities). As we have often said, restricting local authority in this manner may be stupid, but states are allowed to do stupid things (especially when powerful companies like AT&T and Comcast urge them to).

Lisa and I explore the decision and explain why we are nonetheless glad that FCC Chairman Tom Wheeler and Commissioners Rosenworcel and Clyburn moved on the petitions from Chattanooga and Wilson to remove state barriers to next-generation network investment. We also reference this blog post from Harold Feld, which is a well-done summary of the situation.

Read the transcript of this episode here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 20 minutes long and can be played below on this page or via iTunes or via 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 Roller Genoa for the music, licensed using Creative Commons. The song is "Safe and Warm in... Read more

Posted August 25, 2015 by christopher

Back in July, Next Century Cities released a short report, Connecting 21st Century Communities: A Policy Agenda for Broadband Stakeholders, exploring various policies and approaches that will improve Internet access. The brief is organized into sections on local government, state government, federal government, philanthropy, and community.

For this week on Community Broadband Bits, Lisa Gonzalez takes the mic to interview Deb Socia, Executive Director of Next Century Cities, and me, the Policy Director for Next Century Cities (which I do within my capacity at the Institute for Local Self-Reliance).

We talk about the report, why we picked the policies we did, why we stuffed it full of examples, and as a bonus, Deb gives us an update of Next Century Cities and upcoming events.

Read the transcript from this episode here.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below.

This show is 20 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

Listen to other episodes here or view all episodes in our index. You can can download this Mp3 file directly from here.

Thanks to bkfm-b-side for the music, licensed using Creative Commons. The song is "Raise Your Hands."

Posted March 13, 2014 by lgonzalez

On March 18th, our own Chris Mitchell will host a webinar that you don't want to miss. Tech In the City: A Conversation About Community Broadband Access will be an engaging discussion about municipal networks in light of the recent Verizon v. FCC decision. The court delved into the FCC's authority, clearing up ambiguities from past decisions.

The event, presented by the Media Action Grassroots Network (MAG-Net)'s Community Media Cohort begins at 11 a.m. Pacific / 2 p.m. Eastern. From the event announcement:

Earlier this year, a court order ruled against the Open Internet also known as network neutrality. However, this same order reaffirmed the FCC's role ensuring that communities and cities can create their own broadband infrastructures.

In the last decade hundreds of communities across the U.S have started their own community broadband networks via local governments, cooperatives, or other nonprofit arrangements. But cable and telephone companies, like Comcast and Verizon have a history of redlining in low-income, rural, historically marginalized communities. Led by cohort leader and community broadband expert, Chris Mitchell of Institute for Local Self Reliance, we will have a dialogue about what we can do to protect the future of community broadband networks.

RSVP for the event and spread the word!

Posted January 15, 2014 by christopher

As we noted yesterday, the DC Circuit of Appeals has decided that the FCC does not have authority to implement its Open Internet (network neutrality) rules as proposed several years ago.

But the court nonetheless found that the FCC does have some authority to regulate in the public interest, particularly when it comes to something we have long highlighted: state barriers to community owned networks. For example, see North Carolina and recent efforts in Georgia.

States have been lobbied heavily by powerful cable and telephone companies to create barriers that discourage community owned networks. Nineteen states have such barriers (see our map with the states shown in red), largely because communities have nowhere near the lobbying power of massive cable and telephone companies, not because the arguments against municipal networks are compelling.

For those who remember a certain Supreme Court decision called Nixon v Missouri, the Court has once weighed in the matter of state barriers to community networks. In the '96 Telecom Act, Section 253 declares "No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service."

However, the Supreme Court decided in 2004 that Congress was insufficiently clear in its intent to preempt state authority - that "any" did not mean "any" but rather meant something else. In making this decision, it ignored a legislative history with plenty of evidence (see Trent Lott for instance) that suggested Congress meant "any" to mean "any."

ANYway, we lost that one. States were found to have the right to limit the authority of communities to build their own networks. But we have long felt that a different grant of authority gave the FCC the power to overrule state limits of local authority to build networks, Section 706.

... Read more

Posted February 12, 2013 by christopher

Stay updated on developments by following this tag.

The Georgia General Assembly is considering another bill to limit investment in telecommunications networks in the state, an odd proposition when just about everyone agrees states need as much investment in these networks as possible.

House Bill 282, the "Municipal Broadband Investment Act," purports to limit the ability of public entities to invest only in "unserved" areas. But as usual, the devil is in the details. This bill will be discussed on Wednesday, Feb 13 at 4:00 EST in the Telecom Subcommittee of the House Energy, Utilities & Telecommunications committee (Committee roster here).

We strongly encourage Georgians to write to members of this committee and explain that these decisions should be made at the local level, not by the state. Communities each face unique circumstances regarding the need for telecommunications investment and they can be trusted to make informed decisions after weighing the available evidence.

Many local governments have invested in modest networks to connect local businesses, but such investments will be prohibited in Georgia if residents in the area are already served with a connection of at least 1.5 Mbps in one direction. This baseline is far lower standard than the FCC's definition of "basic" broadband: 4 Mbps down and 1 Mbps up. Setting a low baseline hurts communities but rewards carriers that have refused to invest in modern networks.

This bill poses a dramatic threat to the ability of local governments to encourage economic development and provide the environment necessary for the private sector to create the jobs every community needs. See our fact sheet on how public broadband investments have created jobs.

Supporters of this bill will claim that it only restricts investment to areas that are most needing it. This argument is not only flat wrong, it comes mostly from those most interested in preventing, not encouraging, investment.

The bill will effectively prohibit any community investment because the cost of collecting the data and making the case that areas are unserved... Read more

Posted August 7, 2012 by christopher

We have watched in growing horror as AT&T and other telco lobbyists have gone from state to state gutting telecommunications oversight. In several states, you no longer have an absolute right to a telephone - the companies can refuse to serve you if they so choose.

We tip our hat to Phil Dampier at Stop the Cap, who alerted us to this story. AT&T convinced Mississippi legislators to remove consumer protections for telecommunications.

Northern District Mississippi Public Service Commissioner Brandon Presley is unhappy with a new state law that will strip oversight over AT&T. Presley plans to personally file suit in Hinds County Circuit Court against the law, calling it unconstitutional.

“It violates the state constitution,” Presley said of the bill during an interview with the Daily Journal. “There’s no doubt AT&T is the biggest in the state, and this bill will allow them to raise rates without any oversight at all.”

House Bill 825 strips away rate regulation of Mississippi landline service and removes the oversight powers the PSC formerly had to request financial data and statistics dealing with service outages and consumer complaints. The law also permits AT&T to abandon rural Mississippi landline customers at will.

As we've seen elsewhere (as in California), AT&T worked with ALEC to push this through - though Rep Beckett (R-Bruce) doesn't think AT&T will raise its rates or abandon parts of the state. Time will tell - but Beckett won't be the one to suffer when the inevitable occurs. Thanks to AT&T and ALEC, he already got his.

Posted July 31, 2012 by christopher

Our sixth episode of the Community Broadband Bits podcast features a discussion with Cheryl Leanza, broadband consultant with Progressive States Network. Cheryl has been very active in legislative battles at the state level, where she has helped to defend the public against anti-consumer deregulation led by AT&T, CenturyLink, and cable lobbyists.

We touched on the effort in Georgia to revoke local authority as well as once again noting the bad bills in North Carolina in 2011 and South Carolina in 2012.

We also spent time talking about the state-by-state effort to kill consumer protections, including the basic right to have a wireline telephone in your home.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address.

This show is 14 minutes long and can be played below on this page or subscribe via iTunes or via the tool of your choice using this feed. Search for us in iTunes and leave a positive comment!

Listen to previous episodes here. You can download the Mp3 file directly from here.

Read the transcript of this episode here.

Find more episodes in our podcast index.

Thanks to Fit and the Conniptions for the music, licensed using Creative Commons.

Posted July 16, 2012 by lgonzalez

South Carolina's H3508 has passed the legislature, been signed by Governor Nikki R. Haley, and has revoked local authority to build the broadband networks they need to create new jobs. Last week, we noted some of the coverage about the bill.

After reviewing the language of the bill, we are astonished at how far the Governor and the South Carolina Legislature have gone to protect AT&T's monopoly, to the detriment of the many businesses and citizens who desperately need better access to the Internet -- whether to be more productive, competitive, or just take advantage of educational opportunities.

South Carolina is near the bottom of adoption rate in the U.S. and has a higher than average number of residents living below the poverty line. Communities with fast, affordable, and reliable access to the Internet are seeing new jobs. Those stuck on slow DSL are watching jobs wither away.

We continue to be amazed at state legislatures that are prioritizing laws to make it harder to expand broadband rather than easier. The only explanation is the vast amounts of money big companies like AT&T and Time Warner Cable spend in campaign contributions.

This bill is designed to prevent local governments from building next-generation networks, even when the private sector has refused to invest. It may also put an end to projects already in the works (even those that have received BTOP or BIP funding).

H3508 is not an outright ban against municipal networks, but it might as well be. South Carolina had already discouraged community broadband networks in Article 23, Chapter 9, Title 58 of its 1976 Code. This bill ramps up the unfavorable... Read more

Posted June 21, 2012 by lgonzalez

Sean McLaughlin from the New America Foundation and Access Humbolt alerted us to HB 1161, an AT&T and ALEC driven bill to scale back state regulation of Internet services. Sen. Alex Padilla (D-SD20, San Fernando Valley) is a co-author of the bill, introduced in February and moving steadily forward.

Sean tells us:

On Monday, the bill passed CA Assembly's Committee on Utilities and Commerce with only one brave NO vote (Asm. Huffman is also leading candidate for US House for the new CA-2 district).  Next stop is Assembly Appropriations Cte. but it will quickly move to the Assembly Floor - NOW is the time to alert all Assembly Members in California to stop this juggernaut.

Access Humbolt's press release is an excellent analysis and tells us why this bill needs to be stopped:

"While the Bill strives to be self-limiting and makes hopeful assumptions about the benefits of unfettered industry, it neglects to address three profound and overarching realities:

1. In the future all telephone or voice service will be IP enabled communication service;

2. Federal oversight over IP enabled communication services including Internet access services remains highly uncertain; and,

3. Competition is not sufficient in IP enabled communication services to protect consumers, nor to ensure universal access to an open internet.

SB 1161 removes State expertise and local knowledge from public policy making that is necessary to secure universal access to an open internet. And further, this Bill will impede State and local efforts to develop broadband services for public safety, public education, public health, public works and public media. Clearly, a more thoughtful approach is needed.

If the Bill is adopted as proposed, local community investments to support broadband deployment and adoption will suffer, causing increased costs and reduced benefits from State and Federal universal service programs for remote, rural, low income and other people in our community who are least served.

By prohibiting independent... Read more

Posted May 1, 2012 by lgonzalez

The Institute for Local Self-Reliance has recently posted an examination of 1999 Iowa Act Chapter 63, which expressly allows municipal networks:

Section 1. LEGISLATIVE INTENT. It is the intent of the general assembly to specifically provide that cities of Iowa which create city utilities in the manner provided by law are authorized to provide on a competitively neutral basis with existing local exchange carriers separate or combined cable communications or television, telephone, telecommunications systems or services, including wireless systems or services, through the ownership of systems or offering of the services.

Sec. 2. Section 362.2, subsection 6, Code 1999, is amended to read as follows:
6. “City utility” means all or part of a waterworks, gasworks, sanitary sewage system, storm water drainage system, electric light and power plant and system, heating plant, cable communication or television system, telephone or telecommunications systems or services offered separately or combined with any system or service specified in this subsection or authorized by other law, any of which are owned by a city, including all land, easements, rights of way, fixtures, equipment, accessories, improvements, appurtenances, and other property necessary or useful for the operation of the utility.

The 1999 legislation opened the door for Iowa communities wanting to provide broadband access in areas that had been overlooked by the private sector. Since 1999, however, lobbyists for the telecommunications industry have found ways to increase regulation of community networks that does not apply to the private sector.

In addition to an analysis of how this rule changed Iowa's approach to networks, ILSR summarizes detailed changes in the original legislation. The analysis includes pros and cons and how the telecom lobby has influenced the Iowa law since its inception.

Read more here in the ILSR Rules Library.

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