Tag: "regulation"

Posted March 11, 2014 by christopher

If all had gone according to the plan behind the 1996 Telecommunications Act, we would have lots of competition among Internet service providers, not just cable and DSL but other technologies as well. Alas, the competing technologies never really appeared and various incarnations of the FCC effectively gutted the common carriage requirements at the heart of the Act.

Earl Comstock joins us today to explain what they had in mind when they spent years developing the goals and text of the Act. A staffer to Senator Stevens - and yes, we discuss the legacy of Senator "series of tubes" Stevens and you might be surprised when you learn more about him - Earl helped to craft the Act and then had to watch as the FCC and Courts misinterpreted it.

At the heart of our conversation is what they believed would be necessary to achieve the goals of expanding access to telecommunications service to all.

Read the transcript from our conversation here.

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 30 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 previous episodes here. You can can download this Mp3 file directly from here.

Find more episodes in our podcast index.

Thanks to Valley Lodge for the music, licensed using Creative Commons. The song is "Sweet Elizabeth."

Posted February 20, 2014 by lgonzalez

Yet again, lobbyists from AT&T, Windstream, and Cincinnati Bell are lobbying state elected officials under the false guise of improving communications in Kentucky. In a Richmond Register opinion piece, Mimi Pickering from the Rural Broadband Policy Group revealed the practical consequences of Senate Bill 99.

Republican Senator Paul Hornback is once again the lead sponsor on the bill. As usual, backers contend the legislation moves Kentucky communications forward. Last year, Pickering and her coalition worked to educate Kentuckians on SB 88, that would have eliminated the "carrier of last resort" requirement. We spoke with Pickering about the bill in Episode #44 of the Broadband Bits podcast. They had a similar fight in 2012.

In her opinon piece, Pickering describes the practical effect of this policy change:

It would allow them to abandon their least profitable customers and service areas as well as public protection obligations. But it is a risky and potentially dangerous bet for Kentuckians. Kentucky House members should turn it down.

Everyone agrees that access to affordable high-speed Internet is a good thing for Kentucky. However, despite what AT&T officials and their numerous lobbyists say, SB 99 does nothing to require or guarantee increased broadband investment, especially in areas of most need.

AT&T Kentucky President Hood Harris claims that current Kentucky law prevents the company from investing in new technology. As Pickering points out, AT&T refused to build in unserved areas when offered federal funds. Those funds came with minimum obligations; AT&T was not interested.

The bill appeared to be on the fast track to passage, breezing through the Senate Economic Development, Labor, and Tourism Committee only ten days after being introduced. According to the...

Read more
Posted February 19, 2014 by christopher

We are supportive of the announcement today from the Federal Communications Commission. We salute the FCC for beginning to examine how state level barriers against municipal networks deter investment in the networks both communities and the nation desperately need.

From the statement:

The Commission will look for opportunities to enhance Internet access competition. One obvious candidate for close examination was raised in Judge Silberman’s separate opinion, namely legal restrictions on the ability of cities and towns to offer broadband services to consumers in their communities.

The FCC has a history of encouraging states not to pass such laws (Commissioner Clyburn, previous FCC Chair, former Commissioner Copps) and the National Broadband Plan made recommendation 8.19: "Congress should make clear that Tribal, state, regional and local governments can build broadband networks."

Even if communities choose not to build their own networks, having that capacity changes the dynamic of the big cable and telephone companies - something Franklin D. Roosevelt described as the "birch rod" in the cupboard (regarding municipal electricity):

But on the other hand the very fact that a community can, by vote of the electorate, create a yardstick of its own, will, in most cases, guarantee good service and low rates to its population. I might call the right of the people to own and operate their own utility something like this: a "birch rod" in the cupboard to be taken out and used only when the "child" gets beyond the point where a mere scolding does no good.

With the recent network neutrality decision from the Circuit Court, the FCC has a very clear path to ensure all local governments can decide locally whether such an investment is wise, rather than being preempted by a state legislature that...

Read more
Posted February 15, 2014 by lgonzalez

"Unless somebody in the system has industrial policy in mind, a long-term picture of where the United States needs to be and has the political power to act on it, we'll be a Third World country when it comes to communications."

Susan Crawford recently spoke with Dave Davies on NPR's FreshAir. During the conversation Crawford touches on a variety of interrelated topics that affect telecommunications in the U.S. The interview is worth a listen; Crawford and Davies discuss her book, Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, and get into U.S. telecommunications policy.

Crawford discusses the recent U.S. Court of Appeals for the D.C. Circuit decision on network neutrality. Davies and Crawford also tackle the inteplay between the court decision and role of government in bringing access to more people:

I think the problem is actually much more profound than mere discrimination by a few cable actors when it comes to high-speed Internet access. We seem to currently assume that communications access it a luxury, something that should be left entirely to the private market, unconstrained by any form of oversight.

The problem is, that's just not true in the modern era. You can't get a job, you can't get access to adequate healthcare, you can't educate your children, we can't keep up with other countries in the developed world without having very high capacity, very high-speed access for everybody in the country. And the only way you get there is through government involvement in this market.

That's how we did it for the telephone. That's how we did it for the federal highway system. And we seem to have forgotten that when it comes to these utility basic services, we can't create a level playing field for all Americans or indeed compete on the world stage without having some form of government involvement.

You can listen to the 38 minute interview and read the transcript at the NPR website.

Posted December 11, 2013 by lgonzalez

Public Knowledge and the Center for Media Justice have an eye on the transition from traditional copper landline telephone service to Internet-protocol services. As we move forward, both organizations continue to educate citizens on telecommunications policy and how it can affect us.

On December 12, at 2:00 p.m. EST, both groups will collaborate for a webinar on the transition. What's the Hang Up: A Webinar to Understand the Phone Network Transition and Defend Your Communication Rights, will offer info on the transition and will introduce participants to the "What's the Hang Up" toolkit, designed to help consumers get involved as we move forward. Presenters will be Stephani Chen, Amina Fazlullah, and Sean Meloy.

From the webinar announcement:

The largest telephone companies in the U.S. have announced they want to upgrade the technology that delivers phone service to an all internet-protocol (IP) based telephone network.  The telephone has made universal communications possible keeping families connected, becoming a lifeline in times of crisis, and an economic engine for small businesses.

In order for our communities to continue to experience the benefits of the telephone, we must get involved.  Over the coming months the Federal Communications Commission and other government agencies will be considering how to roll out this transition.

You can register online for the presentation. For some great information on the transition, listen to Chris interview Harold Feld from Public Knowledge in episode #52 of the Broadband Bits podcast.

Posted November 10, 2013 by lgonzalez

When we think of the enormous cyclops we don't usually imagine him in a suit and tie but the Free Press does and it works. In their recent Media Giants infographic, the Free Press uses the hulking one-eyed beast to represent corporate behemoths slowly taking control of our media through smaller shell companies.

As media power is consolidated, every one else's voices fade. We all become like the one-eyed cyclops: seeing things through his limited vision. The Free Press sums it up like this:

Media companies are using shady tactics to dodge the Federal Communications Commission’s ownership rules and snap up local TV stations across the U.S.

Gannett, Nexstar, Sinclair and Tribune are on major buying sprees. To grow their empires, these corporations are using shell companies to evade federal caps on how many stations one company can own. And so far the FCC has done nothing to stop this trend.

In some communities, one company owns two, three and even four local TV stations — and airs the same news programming on all of these outlets. The result: An echo chamber where all the news looks and sounds the same.

Take action now through the Free Press' campaign or contact your elected officials directly.

Posted September 24, 2013 by christopher

For my money, the best headline of last week was "The U.S.'s crap infrastructure threatens the cloud." The rant goes on to explain just how crummy our access to the Internet is.

As a patriotic American, I find the current political atmosphere where telecom lobbyists set the agenda to be a nightmare. All over the world, high-end fiber is being deployed while powerful monopolies in the United States work to prevent it from coming here. Some of those monopolies are even drafting "model legislation" to protect themselves from both community broadband and commercial competition.

He nails a number of important points, including the absurdity of allowing de facto monopolies to write the legislation that governs them. However, Andew Oliver's article is a bit muddled on the issue of "monopoly." I have argued with several people that the term "monopoly" has historically meant firms with large market power, not the more stringent definition of "the only seller" of a good. It is not clear how Oliver is using the term.

Because of this confusion, you can come away from his piece with the firm idea that it is primarily government's fault we have a duopoly of crap DSL and less crappy cable. He repeatedly says "state-sponsored monopolies." However, no local or state government may offer exclusive franchises for cable or telecom services and the federal government hasn't officially backed monopolies for decades.

This is a key point that many still fail to understand - a majority seem to believe that local governments bless monopolies when local governments actually are desperate for more choices. This is why they fall all over themselves to beg Google to invest in their community or they build they own networks (over 400 communities have wired telecom networks that offer services to some local businesses and/or residents).

Poor laws and regulations have helped the massive cable and telephone companies to maintain their status - that is why they spend so much on lobbying and political contributions at all levels of government. They want to and have successfully corrupted the process, neutralizing the power of government to protect consumer interests and prevent a few firms from dominating the market.

...

Read more
Posted July 30, 2013 by christopher

Jim Baller has been helping local governments to build community owned networks for as long as they have been building them. He is the President of and Senior Principal of the Baller Herbst Law Group in Washington, DC. Jim joins us for Episode #57 of the Community Broadband Bits podcast to discuss some of the history of community owned networks.

Jim has a wealth of experience and helped in many of the most notable legal battles, including Bristol Virginia Utilities and Lafayette.

We start by noting some of the motivations of municipal electric utilities and how they were originally formed starting in the late 19th century. But we spend the bulk of our time in this show focusing on legal fights in the 90's and early 2000's over whether states could preempt local authority to build networks.

In our next interview with Jim, we'll pick up where we left off. If you have any specific thoughts or questions we should cover when we come back to this historical topic, leave them in the comments below or email us.

You can learn more about Jim Baller on his website at Baller.com.

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. Also, feel free to suggest other guests, topics, or questions you want us to address.

This show is 30 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 can download this Mp3 file directly from here.

Find more episodes in our podcast index.

Thanks to Break the Bans for the music, licensed using Creative Commons.

Posted July 15, 2013 by lgonzalez

The war over keeping copper alive rages on in New York with more stealthy antics from Verizon. Stop the Cap! now reports that, rather than wait for a hurricane to take out the copper lines in the Catskills, it will quietly shift seasonal home owners to VoiceLink as they request reconnection. Stop the Cap! also published a letter [PDF] from the Communication Workers of America (CWA) who allege Verizon has also been installing VoiceLink in the City.

We recently visited this drama with Harold Feld from Public Knowledge on Broadband Bits podcast #52. He and Christopher discussed the issue as it applies to Fire Island in New York and Barrier Island in New Jersey. Verizon has permission from the New York Public Services Commission (NYPSC) to use the VoiceLink product in place of copper wires on a temporary basis as a way to get service to victims of Hurricane Sandy. Seven months is a long time to go without phone service.

Our readers know that VoiceLink short changes users, especially those that rely on phone connections for Life Alert, want to use phone cards, or want the security of reliable 911 service. Feld also noted in his Tales from the Sausage Factory blog, that Verizon was rumored to be making secret plans to expand VoiceLink well beyond the islands, regardless of the limitations of the NYPSC order. 

It appears the rumors were true and only scratch the surface. The letter from CWA District 1 President, Chris Shelton, to the NYPSC relates how members engaged in work for Verizon were trained to install VoiceLink and that the company installed the product in a variety of locations in New York City. One location was a residential building in...

Read more
Posted June 25, 2013 by christopher

We welcome Harold Feld, Senior Vice President of Public Knowledge back to the show to discuss the latest update in the so-called IP Transition. Back in episode 32, Harold explained the five fundamental protections needed for our telecommunications system.

Today he returns to discuss the ways in which some of the islands devastated by Sandy are being turned into Verizon experiments as Verizon refuses to rebuild the copper phone number or upgrade to fiber; instead Verizon is installing an inadequate substitute, as we covered in this story.

Harold explains why this turn of events in New York and New Jersey is an important harbinger for the rest of us and why states should not premarturely deregulate important consumer protections like carrier of last resort and public utility commission oversight.

Read the transcript from this show here.

This show is 15 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 can download this Mp3 file directly from here.

Find more episodes in our podcast index.

Thanks to Eat at Joe's for the music, licensed using Creative Commons.

Pages

Subscribe to regulation