Tag: "barrier"

Posted February 25, 2015 by lgonzalez

Opelika has offered FTTH to residents and businesses for less than six months but already it is singing the praises of local choice. Mayor Gary Fuller is now speaking out in an opinion piece in AL.com, encouraging the FCC to allow Wilson, Chattanooga, and other communities to have the same opportunity as Opelika.

Mayor Fuller points out that local telecommunications authority is an organic outgrowth of local self-reliance:

Cities have always been at the heart of economic expansion, entrepreneurialism, and local connection to citizens, charged with ensuring high-quality education for our children, caring for our sick and elderly neighbors, and laying the foundation for shared prosperity. As we look to the years ahead, high-speed broadband will only become more and more important to the quality and vitality of our community. 

That's why in Opelika, I led the charge to become the first city in Alabama to offer this cutting edge technology, both to residential and business customers. As a result, Opelika citizens now have access to fast, reliable broadband speeds that will turn possibilities into real opportunities. Businesses now have more opportunities to expand and grow, work more effectively and efficiently, and compete in a larger market. 

As one of over 450 communities that have invested in the infrastructure for better connectivity, Opelika can speak from experience. Mayor Fuller encourages all FCC Commissioners to support the notion of local choice:

The important fact is that every city must have the power to make the best decisions for their residents, free of interference. That's why the Federal Communications Commission should join Chairman Wheeler in preserving these two communities' right to self-determination. 

In Opelika, our citizens are building a stronger more prosperous city based on local Internet choice. If more cities have those same opportunities, someday soon it may not be so strange for a 30,000-person city to offer blazing fast Internet.

Check...

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Posted January 31, 2015 by lgonzalez

We are well into the new year; a look back at 2014 can be instructive if we strive to learn from our mistakes. A December article from the Washington post Wonkblog listed "11 of the worst policy ideas of 2014" and, of course, state barriers restricting local telecommunications authority was on the list:

Fed up with limited choices, high prices and shoddy service, many cities want to turn their back on large Internet providers by building their own municipal broadband service. Standing in their way are state legislatures, lobbyists for the telecom industry and even federal lawmakers who believe states should have control over what projects their cities invest in.

Fortunately, this is something that we can change - let's educate elected officials to ensure there are no new barriers and existing barriers are repealed!

Posted January 13, 2015 by lgonzalez

Republican State Representative Rocky Miller began the new legislative session with a bill designed to yank authority from local communities that need better connectivity.  Even though the state already preempts local authority to sell telecommunications services and requires a referendum for cable, there is a current exemption for "Internet-type services." HB 437 [PDF] removes that exemption and would make it all but impossible for a local community to ensure they had access to the same types of services now available in Kansas City.

The bill prohibits communities from offering services if there are any private providers with no regard to the type or quality of those services. There can be no mistake that bills such as these are aimed directly at communities contemplating building their own gigabit networks because the existing service providers have refused to invest in the needed infrastructure.

Cities like Columbia, Nixa, and Carl Junction have taken proactive steps to encourage investment economic development growth that this bill would prevent. In Springfield, the city would have more than 1,000 fewer jobs without the city-owned SpringNet, which we have covered multiple times.

The Coalition for Local Internet Choice (CLIC) released this statement about the bill:

The state of Missouri is the latest legislature to attempt to erect barriers to the deployment of broadband networks that are critical to the future of its local economies and the nation, via House Bill 437. High-bandwidth communications networks are the electricity of the 21st century and no community should be stymied or hampered in its efforts to deploy new future-proof communications infrastructure for its...

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Posted December 24, 2014 by lgonzalez

Jim Baller and Joanne Hovis, two leading voices in the drive to restore local authority, recently spoke with Craig Settles on Gigabit Nation. Baller and Hovis, the President and the CEO, of The Coalition for Local Internet Choice (CLIC) spent about an hour discussing how CLIC is finding ways to help businesses, individuals, and public entities work with elected officials to retain or regain the right for local authority.

From the Gigabit Nation website:

Listeners gather insights to working with willing incumbents, developing public-private partnerships, establishing their own networks when necessary, or creating other inventive approaches that work for their communities. Both guests share their many years of experience in helping communities obtain the many benefits of advanced communications capabilities. Baller and Hovis formed CLIC to give voice to the wide range of public and private interests that support local choice and to provide communities practical advice and the tools necessary to prevent new state barriers from being enacted and to remove existing barriers.

Check Out Internet Podcasts at Blog Talk Radio with cjspeaks on BlogTalkRadio
Posted July 31, 2014 by christopher

For the first time in many years, we have an opportunity to repeal some particularly destructive state laws limiting investment in community networks. To be clear, this is our best shot. I've already covered the background and offered a blanket encouragement for you to post comments.

Chairman Wheeler has been looking for an opportunity to expand local authority by removing state laws that limit investment in Internet networks. The cable and telephone companies are marshalling their considerable forces to stop him. But we can, and must help.

We have spent years analyzing these state barriers for ways to restore local authority. The FCC, using its Section 706 power, is our best shot. The carriers have far too much power in the state capitals, which means that even when we have public opinion squarely on our side, the carriers easily kill state bills to restore local authority.

Anyone who thinks we have a better shot at rolling back state barriers individually in the states rather than with this FCC is wrong. Really wrong. Between Art Pope and Time Warner Cable lobbyists, there is no hope for any legislation that would threaten cable monopolies in North Carolina.

These petitions on municipal networks are not some FCC smokescreen related to the network neutrality proceeding. In fact, we at ILSR remain publicly frustrated with the FCC's failure to act more strongly in protecting the open Internet. But Chairman Wheeler, for reasons that seem somewhat personal to him, is particularly motivated to remove the anti-competitive laws passed by big cable and telephone company lobbyists. It strikes a chord with him and I, for one, am glad to see him taking action on it.

Anyone who claims action on municipal networks is some sort of trade for giving up on network neutrality is, once again, really wrong. For one thing, a trade requires two parties and I have yet to identify a single entity that would trade meaningful open Internet protections for rolling back a few barriers to municipal networks. Haven't found one. Not even us.

Further, restoring local authority on municipal networks is not a trade for the FCC later preempting local authority over the rights-of-way because once again...

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Posted July 29, 2014 by lgonzalez

Last week, the communities of Chattanooga and Wilson, North Carolina, filed petitions with the FCC. Both communities requested that the agency remove state barriers preventing expansion beyond their current service areas. On July 28, the FCC established a public comment calendar for the request. It is imperative that all those with an interest in better access take a few moments to express their support for these two communities.

Opening Comments are due August 29, 2014; Reply Comments will be due September 29, 2014. That means you need to submit comments by the end of this month. If you want to reply to any comments, you can do that in September.

This is a pivotal moment in telecommunications policy. For months municipal network advocates have been following Chairman Wheeler's stated intentions to remove state barriers to local authority. Within the past few weeks, federal legislators - many that rely on campaign contributions from large providers - pushed back through Rep Marsha Blackburn (R-TN). Blackburn introduced an amendment to a House appropriations bill preventing FCC preemption if the amendment becomes law.

ILSR and MuniNetworks.org encourage individuals, organizations, and entities to file comments supporting the people of Wilson and Chattanooga. These two communities exemplify the potential success of local Internet choice. We have documented their many victories on MuniNetworks.org and through case studies on Wilson [PDF] and Chattanooga [PDF].

Now is the time to share your support for local decision-making. This is not about whether any given community should build its own network so much as it is about whether every community can decide for itself how to best expand and improve Internet...

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Posted July 7, 2014 by lgonzalez

As the FCC considers the role of local authority in expanding Internet access, FCC Chairman Tom Wheeler is hearing from coalitions opposing state barriers on municipal networks. On July 3, Executive Directors from the National Association of Telecommunications Officers and Advisors (NATOA), the National League of Cities (NLC), and the National Association of Counties (NACo) sent Wheeler a joint letter of support [pdf].

From the letter:

The diversity of cities and counties in America also reflect differing values and needs. As such, Local governments should have the flexibility to address broadband and Internet access in a way that meets the needs of the people they serve.

The importance of Internet choice at the local level has never been more important. In many places in the U.S, locally-driven projects—including innovative partnerships with private sector companies—have demonstrated that local creativity and local authority is a viable means by which new next-generation broadband infrastructure can emerge.

The letter was close on the heels of a parallel Resolution passed by the U.S. Conference of Mayors (USCM) at their June 22nd Annual Meeting. From the final Resolution:

BE IT FURTHER RESOLVED, that the US Conference of Mayors recommends that the FCC preempt state barriers to municipal broadband service as a significant limitation to competition in the provision of Internet access.

Posted May 21, 2014 by lgonzalez

The debate surrounding the proposed Comcast Time Warner Cable merger continues. The Department of Justice and the FCC ruminate over the deal while the media speculates about the future.

Governing recently published an article on potential side effects for the municipal network movement. Tod Newcombe reached out to Chris for expert opinion.

From Governing:

Partially thanks to Comcast and other cable giant's lobbying, 19 states have already passed laws that ban or restrict local communities from setting up publicly owned alternatives to the dominant provider in the area. Municipalities that pursue publicly owned broadband often cite several reasons for their efforts, ranging from lack of competition and choices in the area to a desire for faster speeds at lower costs. But Mitchell fears the lobbying power of a combined Comcast-Time Warner would choke off what little leverage remains for local governments when it comes to gaining state approval to build publicly owned broadband networks.

Unfortunately, the cable company cyclops borne out of this deal would create a ginormous lobbying monster. Comcast and Time Warner Cable wield significant political influence separately; a marriage of the two would likely damage the municipal network movement. The Center for Responsive Politics reports Comcast spent over $18 million in 2013; Time Warner Cable spent over $8 million.

Chris told Governing:

"Judging by the amount of opposition to the merger, I think people are seeing that we're at a tipping point and that there are ways they can make investments at the local level and control their own destiny," said Mitchell. "A lot of people and local businesses understand that the Internet is really important and that we can't trust it to a few corporations. But I don't see that level of understanding from most elected officials yet."

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.

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Posted May 8, 2013 by christopher

Eduardo Porter has an important column today in the business section of the New York Times, "Yanking Broadband From the Slow Lane." He correctly identifies some of the culprits slowing the investment in Internet networks in our communities.

The last two paragraphs read:

Yet the challenge remains: monopolies have a high instinct for self-preservation. And more than half a dozen states have passed legislation limiting municipalities from building public broadband networks in competition with private businesses. South Carolina passed its version last year. A similar bill narrowly failed in Georgia.

Supporting these bills, of course, are the nation’s cable and telephone companies.

Not really "supporting" so much as creating. They create the bills and move them with millions of dollars spent on lobbyists and campaign finance contributions, usually without any real public debate on the matter.

Eduardo focuses on Google Fiber rather than the hundreds of towns that have built networks - as have most of the elite media outlets. Google deserves praise for taking on powerful cable and DSL companies, but it is lazy journalism broadly that has ignored the networks built by hundreds of towns - my criticism of the press generally, not Eduardo specifically.

FCC Logo

The person who deserves plenty of criticism is former FCC Chairman Genachowski. From the article:

According to the F.C.C.’s latest calculation, under one-third of American homes are in areas where at least two wireline companies offer broadband speeds of 10 Mbps or higher.

We have 20 million Americans with no access to broadband. The rest are lucky to have a choice between two providers and even then, most still only have access to fast connections from a single provider.

When the National Broadband Plan was unveiled, we were critical of it and believed it would do little to improve our standing. Even its architect,...

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