This is the transcript for episode 270 of the Community Broadband Bits podcast. Professor Barbara Cherry goes into detail on the history of common carriage and telecommunications law. Listen to this episode here.

Barbara Cherry: It's been a mess. And part of the problem is restoring a more accurate understanding of our history.

Lisa Gonzalez: This is Episode 270 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez this week Christopher talks with attorney and legal scholar Barb Cherry about common carriage. We often talk about common carriage as it relates to telecommunications. And this week Christopher and Barb get into the policy. But most of us aren't aware of the legal history behind common carriage. Barb describes how its origins relate to the way it's applied today and how we need to consider the past as we move toward the future. Now here's Christopher and Barb Cherry.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell from the Institute for Local Self-Reliance up in Minneapolis. Today I'm speaking with Barb Cherry a lawyer and a Ph.D. in communications who worked for the FCC for five years has 15 years in industry but is now a professor at the media school at Indiana University. Welcome to the show.

Barbara Cherry: Thank you, Chris.

Christopher Mitchell: Barb, one of the things I've warned you about. I'll tell the audience that you have an incredible amount of knowledge and you're very passionate. And so if this seems like it's getting a little bit too you know, friendly I might poke you a little bit to get some of that passion up on the surface.

Barbara Cherry: No problem.

Christopher Mitchell: Let's talk about common carriage which is something that I've never heard anyone explain as well as you have and and maybe you can just start with giving us a sense of the historical origins of common carriage in general.

Barbara Cherry: Yes common carriage is a special legal status that evolved over centuries literally to reflect that certain kinds of businesses engage in certain kinds of services... Read more

We’ve all been lied to, but when we’re lied to by those we rely on, it’s the worst. Right now, we are all subject to a lie about our Internet access. That lie is rooted in the idea that the best way to move forward is to allow the free market to dictate our access to the Internet, along with the quality of services, privacy protections, and competition.

The big ISPs try to tell us “it’s a competitive market,” then they tell their shareholders competition is scarce. They tell legislators they fear competing against relatively small municipal networks and cooperatives that only serve singular regions but they have subscribers in vast swaths across the country. Federal decision makers tout the benefits of competition, but approve consolidation efforts by a few powerful companies that are already behemoths. This reality is The Big Lie.

What can we do about it? First, understand the cause of the problem. Next, share that understanding. We’ve created this short video to explain The Big Lie; we encourage you to share it and to check out our other resources. Our fact sheets and reports are a great place to start if you’re looking for a way to improve connectivity in your community. Don't forget to check out our other videos, too. 

After a recent announcement from Microsoft committing to building rural networks using TV white spaces [NYT, Ars Technica stories], we asked Public Knowledge Senior Vice President and long-time TVWS enthusiast Harold Feld to explain the significance. 

We discuss what TVWS are and why this announcement is such a big deal given that we have previously covered multiple deployments of TVWS over the years. In short, Microsoft's commitment can drive TVWS from niche to mainstream. 

We also discuss why some TV Broadcasters are very opposed to this development and are trying to smear Microsoft. And finally, we explore what kind of bandwidth TVWS may be delivering soon and how the technology could mature. 

Don't miss Harold's wonderfully sci-fi-reference-packed blog posts at Tales From the Sausage Factory. 

Read the transcript of the show here.

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

This show is 18 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.

On September 6th, the Nashville Metro Council approved a proposed One Touch Make Ready (OTMR) ordinance by a wide margin of 32-7 on a roll call vote (computers were down). This was the second vote to advance the ordinance, designed to streamline deployment of fiber-optic networks in a city looking for better connectivity. Elected officials responded to Nashville residents who flooded their council members’ offices with emails.

The Nashville Metro Council will take up the ordinance one last time; passage could speed up competition in the country music capital. Google Fiber has been pushing for a OTMR, while incumbents AT&T and Comcast look for a non-legislative solution to the problem of the poles while protecting their positions as dominant Internet Service Players (ISPs).

Caught Between A Rock And A Hard Stick

The city of Nashville sits on limestone, a rock that cannot support the trenching and underground work of fiber deployment. The only other option is to use the utility poles. Eighty percent of the poles are owned by the public utility Nashville Electric Service (NES), but incumbent provider AT&T owns the other 20 percent. Google Fiber says it needs to attach fiber to 88,000 poles in Nashville to build its network and about half of those (44,000) need to be prepared to host their wires. 

Pole attachments are highly regulated, but there are still gray areas. Susan Crawford provides an overview of the policies and regulations on BackChannel; she accurately describes how poles can be weapons that guard monopoly position. Currently, each company that has equipment on the poles must send out a separate crew to move only their own equipment. This process can drag on for months. The OTMR ordinance is a deceptively simple solution to this delay. 

Deceptively Simple, But Regulated

At its simplest, OTMR means that one crew moves everything; the ordinance under debate in Nashville is actually more complicated than that. (Read... Read more