Facing the threat of municipal broadband networks disrupting their cable and telephone monpolies, big telecom lobbyists wrote a law to restrict municipal networks under the guise of protecting taxpayers. Here's the irony: the law put taxpayers at much greater risk even while restricting their choice of Internet and cable providers.

Before Business Week became Bloomberg Business, Brendan Greely and Alison Fitzgerald published a remarkable story entitled, "Pssst ... Wanna Buy a Law?" It offers chapter and verse on the role of cable and telephone incumbents using the American Legislative and Exchange Council (ALEC) to push Internet anti-competition restrictions in many states.

We have been reflecting on these laws that discourage or bar municipal broadband networks while drafting a brief for the 6th Circuit regarding the FCC decision to strike down monopoly-protection statutes in North Carolina and Tennessee. We realized that the Utah law isn't just anti-competitive, it dramatically increased the risk to taxpayers from building a municipal network in the state.

The Debt-Financed Wholesale-Only Model

Industry lobbyists convinced Utah legislators to restrict local authority over municipal networks to "protect" taxpayers and that argument is still frequently used today by groups opposing local Internet choice. The law does not actually revoke local authority to invest in networks, it monkeys around with how local governments can finance the networks and requires that municipalities use the wholesale-only model rather than offering services directly.

However, the debt-financed citywide wholesale-only model has proven to be the riskiest approach of municipal networks. Building a municipal fiber network where the city can ensure a high level of service is hard and can be a challenge to make work financially. Trying to do that while having less control over quality of service and splitting revenues with 3rd parties is much harder. This is why we recommend either incremental efforts or subsidizing the upfront capital costs for those who want to use the wholesale-only model (which we continue to believe has tremendous potential)....

The City of Ammon's municipal fiber network recently stepped in to provide primary broadband access for School District 93 as the state's educational network went dark reports Local News 8. Watch the video of local coverage below.

When a judge ruled last year that the Idaho Education Network (IEN) contract between the state Department of Administration was void, an education broadband crisis loomed across the state. As the drama played out, however, local networks such as Ammon's muni, have come to the rescue to keep students connected.

Ammon Mayor Dana Kirkham described an attitude characteristic of municipal networks:

"I think it's just something we do in the spirit of collaboration, and I think that's always important because when we talk about the school district and the city it's all the same people, and so anytime we can keep costs down it benefits everyone involved," Kirkham said.

CenturyLink and Education Networks of America (ENA) were providers under the contract voided last year. As CenturyLink and ENA cut off service to schools, forcing them to negotiate their own contracts, they have discovered better, more affordable broadband from local providers like Ammon.  A recent Idaho State Journal reported on several school districts:

The state, under the now-void IEN contract, had been paying Education Networks of America more than $6,000 a month for a 20 Mbps Internet service to Rockland School District. The school district will pay less than a third of that cost for a new 100 Mbps service next year.

The State Journal also discovered that numerous school districts had used fiber optic service from local providers but were forced to switch to slower service in order to obtain the IEN reimbursement. In order to get the reimbursement, West Side School District had to switch from fiber from Direct Communications, a local company, to a slow copper T1 connection from CenturyLink:

Once the IEN contract was in place, the...

It is common knowledge that Comcast and a number of political leaders enjoy special relationships. Nevertheless, it was still a bit shocking to see the level at which Comcast's army has infiltrated the political process as uncovered in a recent Verge article.

Comcast, Time Warner Cable, AT&T, and CenturyLink lawyers and lobbyists often write legislation for lawmakers to introduce. This past summer, the puppetry went one step further when Comcast crafted letters supporting the Comcast/Time Warner Cable merger. Those letters were then submitted to the FCC from the offices of a number of politicians known to receive support from the cable giant. We applaud both Comcast and their pet lawmakers for their efficiency!

The Verge was also able to obtain email threads that document how lobbyists drafted letters of support and sent them on to local elected officials, who then made insignificant changes in the signature line or transferred the exact language on to official stationery before sending it on to the FCC.

We have taken the liberty of presenting some of the letters below. You can see a few email exchanges that detail the conversation between Comcast lobbyists and political staff.

The Verge spoke with Michal Copps, former FCC Chairman, who now advises at Common Cause:

"When a mayor of a town or a town councilman or a legislator writes in — we look at that, and if someone is of a mind already to approve something like this they might say: ‘ah-ha, see!’" says Copps, who is now an advisor at Common Cause and opposes the merger. "These letters can be consequential, there’s no question about that."

The comment process has been tainted because Comcast has also used gentle nudging to obtain support from organizations benefitting from its charitable foundation. Columbia Professor Tim Wu has studied the potential merger:

"I think they have failed to meet their burden of persuasion that this will make life better for the average American consumer…What does the average American consumer care about? They care about prices being too high. Comcast could have said this merger will lower prices and committed itself to lower prices but it has made no sign that it will do this." 

Wu, who reviewed the documents obtained by The Verge, said that the new information "...

Like many states, Minnesota has a major metro area that generally has higher quality Internet access than non-metro communities. The Greater Minnesota Partnership, a coalition of businesses, chambers, nonprofits, and cities from across the state, have made improving Internet access a major priority in their efforts to influence the state legislature.

This week, we talk with Dan Dorman, Executive Director of the Greater Minnesota Partnership. He is also a former Minnesota state Rep and remains a small business owner. We discuss the need to improve access even as major cable lobbyists fight in the capital to preserve the status quo. The Partnership believes state barriers to community networks should be removed.

Dorman offers a unique perspective as a former member of the Minnesota Legislature. He knows what it is like to be lobbied constantly by one side of the issue but rarely hear from the other. Fortunately, the Greater Minnesota Partnership is working to provide that other side as best it can.

We previously discussed the Border-to-Border fund in episode 119.

Read the transcript from this conversation here.

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Thanks to Persson for the music, licensed using Creative Commons. The song is "Blues walk."