Tag: "policy"

Blackburn and Wheeler: Awkward Penpals

Posted September 11, 2014 by tanderson

Back in June, some sixty House Republicans led by Tennessee’s Marsha Blackburn sent an open letter to FCC Chairman Tom Wheeler expressing their “deep concern” with his support for community networks. They took issue with comments he made at a House Energy and Commerce hearing in May, indicating his willingness to preempt incumbent-sponsored anticompetitive state laws that handicap or outright ban municipal networks. 

In the the views of Rep. Blackburn and her allies, this “sets a dangerous precedent and violates state sovereignty in a manner that warrants deeper examination.” They demanded answers from Chairman Wheeler on a set of eight questions so leading that they would make even the most partisan pollster blush. They featured many of the same “states’ rights,” “unelected federal bureaucrat,” and “unconstitutional authority” talking points used later in the floor debate over Blackburn’s anti-muni amendment, softened up and rephrased just a bit for polite company. 

In late July, Chairman Wheeler offered a formal written response. He opened with a diplomatically worded overview of the U.S. broadband sector, before launching into the heart of the matter:

“...Many states have enacted laws that place a range of restrictions on communities’ ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances.”

While the legal debate is all about the extent of federal authority, Chairman Wheeler correctly identifies the real policy issue: "communities' ability to make their own...

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Revisiting the Blackburn Amendment Debates

Posted August 21, 2014 by tanderson

REMINDER - Today is the last day to file comments in the opening round of the FCC petitions of Wilson and Chattanooga. Information on how to file here.

Last month, we covered the progress of U.S. Representative Marsha Blackburn’s amendment to strip the FCC of its authority to restore local decision-making as its budget wormed its way through committee and into a larger appropriations bill. Her quest to keep state bans and restrictions on community networks in place (including in her home state of Tennessee, where Chattanooga EPB has filed a petition to start serving neighbors in need) is impressive for its boldness, if not its logical consistency. Impervious to many observers and commenters who noted her extensive financial support from incumbent telcos, she succeeded in passing the amendment on the House floor by a vote of 223-200.

The points raised by Representative Blackburn on the House floor in support of her amendment deserve some attention, as does the rebuttal offered by Representative Jose Serrano of New York’s 15 district, who rose against the amendment and in defense of the right of local communities to decide for themselves how to meet their broadband needs. Few of Blackburn’s arguments will surprise regular observers of the telco incumbent playbook, but there are some highlights that deserve special focus.

Rep. Blackburn based nearly her entire argument against FCC preemption on the idea that states are closer to the people than Washington, and that the FCC shouldn’t tell the local folks what to do:

“[Chairman Wheeler] wrongly assumes that Washington knows best, and forgets that the right answer doesn’t always come from the top down.”

“...Twenty states across this country have held public...

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FCC Releases Notice of Inquiry on Broadband Progress

Posted August 13, 2014 by tanderson

Section 702 of the 1996 Telecommunications Act requires the FCC to report annually on whether "advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion." The FCC kicked off its tenth such report on Tuesday by releasing a "Notice of Inquiry," (NOI) in effect asking individuals and groups around the country to offer relevant data and comments. 

This process amounts to a kind of crowdsourced "State of the Union" on broadband issues. In addition to determining how many people in what areas have broadband access, this NOI also asks the critical question of how exactly the FCC should define broadband. The current definition of 4mbps download capacity and 1mbps upload may have been sufficient in the past, but isn't adequate for even recreational household use by many Americans today, let alone the demands of running a business and conducting commerce online.

This NOI also asks some arcane but important questions about other aspects of broadband definitions, including latency (the speed of data moving within a network, a different measure than bandwidth) and the widespread use of data caps and other policies in the telecom industry. 

Obviously the answers to all these questions have significant implications for municipal networks. Inadequate or overly-loose definitions of broadband allow incumbents to claim that they are providing excellent service to just about everyone in a given area, when that is often far from the truth. Many restrictive state laws limiting municipal networks, as well as federal grant programs that may support such networks, are based on whether an area is defined as already served or underserved, which may be dependent on FCC benchmarks. As is often the case in regulatory issues, the devil is in the details.  

FCC Chairman Tom Wheeler introduced the NOI with the following statement:

Congress has instructed us that all Americans should have access to robust broadband services, no matter where they live. Because consumers demand increasing levels of bandwidth capacity to support the applications they want to use online, we are asking if it is time to update the benchmark broadband speed. And as more people adopt faster broadband speeds, we are asking if all consumers, even in the most rural...

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Understanding the Wilson and Chattanooga FCC Petitions - Community Broadband Bits Podcast 110

Posted August 5, 2014 by christopher

Given the exciting development of the FCC opening comment on petitions from Wilson, NC and Chattanooga, TN to restore local authority to their states, Lisa and I decided to take over this week's podcast of Community Broadband Bits.

We talk about the petitions, some background, and interview Will Aycock from Wilson's Greenlight Gigabit Network and Danna Bailey from Chattanooga's EPB Fiber network.

We finish with some instructions on how you can comment on the record. The Coalition for Local Internet Choice also has commenting instructions and some sample comments.

Read a transcript of this show, episode 110, courtesy of Jeff Hoel.

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 22 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 Waylon Thornton for the music, licensed using Creative Commons. The song is "Bronco Romp."

ILSR Submits Comments to FCC on Protecting and Promoting the Open Internet

Posted August 1, 2014 by lgonzalez

The Institute for Local Self-Reliance recently submitted comments to the FCC as part of its Protecting and Promoting the Open Internet proceeding. ILSR focused on the issue of paid prioritization, reclassification, and regulation of content. We also provided some examples of municipal networks that provide fast, reliable, affordable service and do not rely on paid prioritization to serve customers.

From the ILSR comments:

The FCC should be extremely wary of any arguments that claim paid prioritization or other discriminatory practices are necessary to increase investment in next-generation networks. These networks are already being built and paying for themselves in both public and private approaches (as well as partnerships mixing the two). ILSR sees no reason to believe any additional revenues gained by discriminatory pricing would be reinvested in improving DSL and cable networks as the largest firms operating these networks generally face little competitive pressure to upgrade. That is the problem, not a lack of revenue in the current model.

Our reading of the various court decisions suggest the only option for the FCC to preserve the open Internet and prevent big cable and telephone companies from tinkering with the established principle of non-discriminatory carriage is reclassification and urge the FCC to take this step. However, we also urge the FCC to take actions to prevent any regulation of content. The FCC should concern itself with the transmission of information, regardless of what that information is, consistent with long-held Internet principles.

The Open Internet proceeding has inspired an estimated 1 million+ comments. The outpouring strained the FCC's system and as a result, the FCC extended the comment period to July 18th.

The full document is available below for download and available on the FCC's electronic filing system.

The FCC Is Our Best Shot to Restore Local Authority

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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Chattanooga Will Ask FCC to Preempt State Barriers in Tennessee

Posted July 11, 2014 by lgonzalez

Since January, when the DC Circuit Court of Appeals suggested the FCC has the authority to preempt state anti-muni laws, local communities have publicly supported the notion. Chattanooga's Electric Power Board (EPB) will join those communities when it petitions the FCC to preempt similar laws in Tennessee, reports The Center for Public Integrity.

Danna Bailey, vice president of corporate communication at EPB recently told The Center:

“We continue to receive requests for broadband service from nearby communities to serve them,” Bailey said. “We believe cities and counties should have the right to choose the infrastructure they need to support their economies.”

Chattanooga, one of the publicly owned networks that have inspired FCC Chairman Tom Wheeler, has proved itself as a strong economic development tool. According to the article:

A day after his meeting with Berke, Wheeler wrote in his blog, “I believe that it is in the best interests of consumers and competition that the FCC exercises its power to pre-empt state laws that ban or restrict competition from community broadband. Given the opportunity, we will do so.”

A number of other communities with municipal networks, or in the process of deploying them, have passed Resolutions that support the FCC:

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Wireless Commons Part 2: The Possibilities of an Open, Unlicensed Spectrum

Posted July 9, 2014 by tanderson

In the first part of this series, we discussed how spectrum could be better managed to allow far greater communications capacity, but only if the FCC abandoned its traditional approach of auctioning spectrum to carriers for monopolistic use. In this part, we’ll discuss how devices could take advantage of a new approach to spectrum management and how it might help to circumvent gatekeepers, whether corporate or government.

With increased unlicensed use of the spectrum, an astonishing range of possibilities emerges. Mobile devices could communicate with each other directly, without reference to a central node controlled by a telecom company or monitored by a government. Access points could be strung together wirelessly to create decentralized ad hoc networks, with each device forwarding data from every other, creating a seamless network throughout an entire neighborhood or city. Commotion Wireless is already attempting this on a small scale with just the existing spectrum.

Such networks already exist in a few places, but access to more unlicensed spectrum and permission to use stronger signals would allow them to grow, potentially creating a more decentralized and democratic way to share information and access the internet; an end-run around data caps, future “fast lane” policies, and other drawbacks of relying on one or two telecom oligopolists as a network owner and gatekeeper.

Another exciting possibility for unlicensed spectrum use can be found in emerging Ultra-Wide Band technologies. These allow devices to use a large swath of spectrum at very low power to send information in bits and pieces over short distances, somewhat similar to bitTorrents, and could allow for nearly instantaneous exchange of gigabits of data. All of this is dependent, however, on access to spectrum with the right characteristics, such as low frequency TV bands that can penetrate physical obstacles like walls or trees especially well.

These technologies have political ramifications as well. Rather than having to make monthly payments to a national provider as you do with your cell phone, we would have different models to choose from. Some would be just a matter of buying the right device,...

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Local Government Groups: "We Need Local Authority"

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.

Wireless Commons Part 1: Interference Is a Myth, but the FCC Hasn't Caught on Yet

Posted July 2, 2014 by tanderson

This is the first in two-part series on spectrum basics and how we could better manage the spectrum to encourage innovation and prevent either large corporations or government from interfering with our right to communicate. Part 2 is available here.

We often think of all our wireless communications as traveling separate on paths: television, radio, Wi-Fi, cell phone calls, etc. In fact, these signals are all part of the same continuous electromagnetic spectrum. Different parts of the spectrum have different properties, to be sure - you can see visible light, but not radio waves. But these differences are more a question of degree than a fundamental difference in makeup. 

As radio, TV, and other technologies were developed and popularized throughout the 20th century, interference became a major concern. Any two signals using the same band of the spectrum in the same broadcast range would prevent both from being received, which you have likely experienced on your car radio when driving between stations on close frequencies – news and music vying with each other, both alternating with static. 

To mitigate the problem, the federal government did what any Econ 101 textbook says you should when you have a “tragedy of the commons” situation in which more people using a resource degrades it for everyone: they assigned property rights. This is why radio stations tend not to interfere with each other now.

The Federal Communications Commission granted exclusive licenses to the spectrum in slices known as bands to radio, TV, and eventually telecom companies, ensuring that they were the only ones with the legal right to broadcast on a given frequency range within a certain geographic area. Large bands were reserved for military use as well.

Originally, these licenses came free of charge, on the condition that broadcasters meet certain public interest requirements. Beginning in 1993, the government began to run an auction process, allowing companies to bid on spectrum licenses. That practice continues today whenever any space on the spectrum is freed up. (For a more complete explanation of the evolution of licensing see this excellent Benton foundation blog post.)

Although there have been several redistributions over the decades, the basic architecture remains....

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