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Problem With Poles In Connecticut: Petitioning PURA For Precision

In Connecticut, local municipalities want to take advantage of the state’s unique “Municipal Gain Space” but invoking the law has not been hassle-free. As towns try to place fiber-optic cables on this reserved section of utility poles, questions arise that need answering. 

Giving Towns Some Room On The Poles

The Connecticut statute grants state departments and municipalities the right to use space on all of the approximately 900,000 utility poles sitting in the municipal Rights-of-Way (ROW), regardless of ownership. One of the state's electric providers and either Verizon or Frontier jointly own most of the poles.

The law was created in the early 1900s for telegraph wiring and as new technologies and wire types evolved, a number of law suits ensued. Cities and state entities usually won, preserving the space, but the process of getting attachment agreements approved became more burdensome and expensive. In 2013, the state legislature amended the law so municipalities could access to the space “for any use.” The change opened the door for hanging fiber for municipal networks and partnering with private providers.

A Little Help Here...

In theory, it seems simple but in practice, pole administrators - Electric Distribution Companies (EDCs) and telephone companies - and government entities need guidance. As communities across the state band together to improve local connectivity and try to use the law, they have uncovered its flaws. It has potential, but the Municipal Gain Space law needs sharpening to be an effective tool. Its application rules are not sufficiently defined and a number of technical issues are not addressed. 

The state’s Public Utility Regulatory Agency (PURA) has the authority and responsibility to establish rules to settle the problems with the law. Deploying a municipal network is no small task; the Office of Consumer Counsel (OCC) and the State Broadband Office (SBO) hope to simplify the process for local communities. They have petitioned PURA to clarify the Municipal Gain Space rules. In their formal petition, they ask PURA to investigate and remove barriers that interfere with the “timely and efficient use of Municipal Gain.” Read the petition at the PURA website.

Lack Of Direction Jeopardizes Local Projects

We spoke with Elin Swanson Katz, Consumer Counsel, and Joseph Rosenthal, Principal Attorney from the OCC. Bill Vallee, the state's Broadband Policy and Program Coordinator joined the conversation. They described how a lack of direction for pole administrators and other gaps in the Municipal Gain Space law negatively impacts deployment for municipalities that decide to employ it. From inception to implementation, communities find themselves confronting some common questions.

A city may decide to invest in a project and use the Municipal Gain Space law to determine a route for their fiber-optic network cables.  As they move forward, they find that there are a number of unresolved questions, beginning with where on the pole the Municipal Gain Space should be located. Often the other entities that are using the poles have not reserved space for a municipality’s unrestricted use.

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Once they answer the important issue of where on a pole a cable belongs, the next question is who pays to rearrange the existing wires so the new cable can be attached? For example, if a telephone company hung its wire but failed to reserve the space for the town to use later, who should pay for the make-ready costs when the town decides to use its statutory space under the Municipal Gain Space rule? How should make-ready costs, which can make or break a municipal fiber project, be allocated?

Time is critical; that holds true in the telecommunications industry in a number of ways. New rules would also establish who would be responsible for assessing the condition of the poles to expedite projects that depend on pole availability. Scheduling trucks and technicians from the various entities using the poles, fragile financing schedules, deployment delays that cause subscription losses, are only a few factors impacted by timing that affect the viability of a public or private network.

Limiting Competition With “An Offer You Can’t Refuse”

As communities have moved forward with fiber projects, some have entered into agreements with pole owners whose draft pole attachment agreements dictate the terms. Local communities may feel they have little choice, especially if they depend on critical funding tied to a tight deadline.

Some pole attachment agreements violate the law because it includes language that restricts municipalities’ use of the Municipal Gain Space. By limiting the space to “government use,” pole owners are able to prevent partnerships between municipalities and other Internet Service Providers (ISPs) who may wish to provide services to businesses or residents via publicly owned infrastructure. Such a restriction eliminates a range of options for local communities who may not have the ability to operate and maintain a fiber network alone. Incumbent providers are using their pole attachment agreements to stifle and delay municipal networks, including those that involve private partners, as a way to limit competition.

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Local communities must go out of their way to avoid these restrictive agreements if they want to preserve their ability to one day use their fiber for something other than a "government use."

For example, Somers had been awarded state funding to connect to the state education network but refused to sign the pole attachment agreement from Frontier. The resulting delay almost caused them to lose the state grant and they eventually engineered the network to avoid Frontier poles so they would not have to restrict away their Municipal Gain Space.

As part of the petition, the OCC and SBO are asking PURA to develop rules that could be used to build a standard agreement between municipalities and the telecommunications companies or EDCs that own the poles.

Washing Away The Mud For Everyone

In their June 21st news release, the OCC emphasized that the Municipal Gain Space rules affect a number of entities:

Other interested stakeholders in a PURA proceeding regarding the municipal gain would likely include the Single Pole Administrators (the two Electric Distribution Companies), the incumbent telephone companies, the several cable operators, long-term infrastructure investors, the diverse set of utilities, municipalities, investors, other entities that already engage in pole attachments, and Connecticut business and technology promotion groups seeking high-speed internet access.

"The process is daunting and in some circumstances clear as mud...That whole process needs to be clarified," Katz told the Hartford Courant in June. If PURA agrees, the Municipal Gain Space may soon be sharpened and ready to break new ground for Connecticut communities.

Comments Wanted: Proposed HUD Rule To Expand Low-Income Residential Internet Access

As part of a growing interest in expanding fast, affordable, reliable Internet access for low-income families at home, the United States Department of Housing and Urban Development (HUD) has proposed a new regulation requiring high-speed Internet infrastructure to be installed in HUD-funded multi-family rental housing during new construction or substantial rehabilitation. While the proposed rule doesn’t require developers to pay for Internet service subscriptions, it is a step in eliminating barriers that low-income families face in obtaining quality, consistent Internet access. Public comments are due July 18, 2016.

The proposed rule covers HUD’s rental assistance and grant programs, including its Section 8 housing assistance program, Supportive Housing for the Elderly and Disabled program, Community Development Block Grant program, and Choice Neighborhoods Implementation Grant program. Families living in multi-family housing can then choose to purchase full-priced Internet access from local providers or utilize other resources in their community, which include federal subsidy programs in addition to other state, local, and charitable programs.

Getting Wired Up

As for the actual infrastructure, several types of Internet access technologies satisfy the requirement. Developers can install either wireless (Wi-Fi, fixed and mobile wireless, satellite) or wired (digital subscriber lines also known as DSL, power lines or BPL, cable lines, or fiber) infrastructure. HUD expects most builders will elect to install wired access because of the rapidly changing nature of wireless technologies.

Additionally, wired access is more likely to provide meaningful competition between several Internet Service Providers (ISPs), lowering costs and improving service quality for multi-family housing residents. In an open access network, ISPs typically lease space on infrastructure owned by another entity rather than owning the physical infrastructure themselves. If HUD's new rule called for an open access model, multiple ISPs could utilize a building’s wired infrastructure to offer services to residents. According to HUD’s estimates, which are detailed in the proposed rule, the average construction costs for wired broadband access in its multi-family housing is approximately $200 per unit.

Promoting Equity Through Competition

HUD’s proposed rule is one of the federal government’s initial attempts to address the digital divide. Programs such as the Federal Communications Commission’s Lifeline program provide credits to families to purchase Internet services, but the programs are small and help consumers pay bills rather than lower costs by promoting competition.

HUD seeks public input about the proposed rule. While HUD asks for feedback on specific questions in the proposal, ILSR also encourages comments that affirm the importance of the proposed rule and support the installation of wired technologies that create open access networks that offer multiple benefits to subscribers rather than wireless technologies. Comments can be submitted online or by mail and are due July 18, 2016

Fiber in Lenox, Iowa

When community leaders in Lenox, Iowa, gathered together to examine the community's cable TV options in the 1980s, they probably didn't expect their decision to impact local Internet access. Fast-forward 30 years, and this town of 1,400 people now has one of the most sought after forms of Internet access infrastructure: Fiber-to-the-Home (FTTH).

Lenox Municipal Utilities owns and operates a FTTH network that offers symmetrical speeds to hundreds of customers in town. It’s just one of many communities around the nation that have invested in this rugged, future-proof technology.

Same Utility, Changing Technology

We spoke with the Lenox Municipal Utilities General Manager John Borland who graciously provided some of the history of the network.

Since the early 1900s, Lenox has operated its own electric and water systems. These essential services enabled the community to thrive in the southern plains of Iowa. Eventually, a local entrepreneur decided to build and operate a TV system to ensure that the Lenox community stayed connected. In the 1980s, the town purchased the coaxial network from the owner who was ready to sell the system, but wanted to keep ownership within the community. Unfortunately, Borland didn’t know the identity of the entrepreneur whose investment eventually led to top-notch connectivity in this most unexpected place.

By the late 1990s, the network needed replacing, and nationwide, communities had already begun to realize the importance of Internet access. The incumbent Internet service provider, Frontier, offered dial-up and some DSL. Anticipating future need, Lenox decided to rebuild the entire network with fiber. 

Better Connectivity in the Community

In 2005, the community voted on a referendum to enable the utility to provide Internet service; it was one of many towns voting that year to ensure local control. The FTTH build cost about $1.5 million, which they funded through municipal revenue bonds.

Farmers Mutual Telephone Company ran a fiber line to Lenox, ensuring middle mile connectivity. By 2008, Lenox Municipal Utilities had the FTTH system up and running, bringing high-speed Internet to residents and businesses.

Now, Lenox Municipal Utilities offers triple play: television, telephone, and symmetrical Internet service, so upload and download speeds are equally fast. They also provide bundled packages for customers who want to purchase all three services. The network has about 450 customers for their Internet service, and several larger businesses have dedicated lines. 

Lenox is just one of the many small communities that offer next-generation high-speed connectivity in Iowa. For more stories about these self-reliant Iowa communities, check out our past stories in the Iowa tag.

Discussing (Ranting) Consolidation - Community Broadband Bits Episode 209

In celebration of Independence Day, we are focused this week on consolidation and dependence. At the Institute for Local Self-Reliance, we are very focused on independence and believe that the consolidation in the telecommunications industry threatens the independence of communities. We doubt that Comcast or AT&T executives could locate most of the communities they serve on a blank map - and that impacts their investment decisions that threaten the future of communities.

So Lisa Gonzalez and I talk about consolidation in the wake of Google buying Webpass and UC2B's partner iTV-3 selling out to Countrywide Broadband. And we talk about why Westminster's model of public-private partnership is preferable to that of UC2B.

We also discuss where consolidation may not be harmful and how the FCC's order approving the Charter takeover of Time Warner Cable will actually result in much more consolidation rather than new competition.

Read the transcript from this 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 below on this page or via iTunes or via 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 Fifes and Drums of the Old Barracks for the music, licensed using Creative Commons. The song is "Cork Hornpipe."

Muni In Muscatine: Upgrades, Speeds Up, Outperforms

Cedar Falls may be the Iowa city famous for its Fiber-to-the-Home (FTTH) network, but that won’t stop Muscatine. This small city of approximately 29,000 people is about to upgrade its aging network. For a little over a year, the municipal utility, Muscatine Power and Water (MP&W), has planned for the move to FTTH with funding from an interdepartmental loan. Now, FTTH is coming to Muscatine's MachLink Internet access service.

MP&W expects to break ground this year on this $8.7 million FTTH project and to finish building the network in 2017. Fiber will offer speeds much faster than those available on the existing hybrid fiber-coax (HFC) network. In anticipation, MP&W is increasing speeds for subcribers without raising rates.

More than a Year in the Making

The local newspaper, the Muscatine Journal, has closely followed the story. In late November 2014, MP&W announced the planned FTTH upgrade. MP&W is taking a slow and steady approach and planning to complete the upgrade in 2017. The latest Muscatine Journal article from this March emphasized how the large infrastructure project has many "interlocking" pieces that must fit together to make the project successful.

As we reported when MP&W announced the upgrade in 2014, a FTTH network will achieve immediate goals and help achieve a number of benefits. MP&W wants to improve residential services, reduce maintenance costs, and increase network reliability. Upgrading to FTTH will also contribute to long-term goals, such as encouraging economic development. Fiber is a future-proof technology, adapting to the increasing need for bandwidth from households, businesses, and institutions. MachLink will offer speeds of up to a Gigabit (1,000 Megabits) per second.

Outperforming Expectations

In the spirit of community, MP&W is increasing speeds without raising rates. MP&W announced that current customers will get twice the speed for no additional charge. Current MachLink subscribers with the fastest tier receive 100 Megabits per second (Mbps) download which will double, but Gigabit speeds will dwarf even that. Upload speeds have yet to be determined.

It’s a good move as the TV and Internet services in Muscatine are continuing to grow in popularity. The communications division has outperformed already high expectations according to the Muscatine Journal this January:

“A profit of $1.25 million was budgeted for the Communications Utility for 2015, but actual profit was $1.79 million. For December, actual profit of $214,638 outperformed the budgeted $120,136.”

Without this public network, those dollars could have all gone to absentee-owned providers - who wouldn’t be investing money to improve the network. Also, it’s important to note that publicly owned networks do not actually make a “profit” to be distributed among shareholders, but rather extra revenue is reinvested in other community projects, used to improve the network, to pay down debt, or put in a rainy day fund. Publicly owned network "shareholders" are people who live and work in the community served by the network.

The FTTH network will make current services even better. As Beecher Sykes, MP&W manager of telecommunications, told the Muscatine Journal in March,

“(Fiber is) an extreme benefit not only to customers but the community as a whole.” 

Meeting the American Cable Association - Community Broadband Bits Podcast Episode 202

The American Cable Association (ACA) represents over 800 small and medium-sized cable companies around the United States, including many municipal cable and fiber-optic networks. This week, we talk with ACA President and CEO Matt Polka about what they do and how small cable companies are vastly different from the big companies like Comcast and Charter.

We spoke after it was clear Charter's merger with Time Warner Cable would be approved, but before this article in Ars Technica effectively missed the point of Matt Polka's objection to the competition requirement in the merger. In our interview, we discuss the larger problem - that the federal government consistently puts its thumb on the scale to benefit the biggest cable companies at the expense of smaller ones. Forcing Charter to compete with Comcast would be a far bigger benefit to communities than having it take over small cable networks.

We wrap up with a discussion about how smaller companies, which includes all municipal networks, are disproportionately impacted by regulations that do not distinguish between the biggest providers (that tend to cause the majority of problems) and the smaller providers (that bear the brunt of regulations designed for reigning in the problems caused by the big carriers).

Read the transcript from this show here.

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

This show is 29 minutes long and can be played below on this page or via iTunes or via 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 Forget the Whale for the music, licensed using Creative Commons. The song is "I Know Where You've Been."

Reclaim Time, Money By Bidding Cable Bye Bye

“There aren’t enough hours in the day,” is a statement that describes the increasing stress of people who feel over-scheduled, over-worked, and over-tired. With too much to do and too little time in which to do it, snatching back every wasted moment can keep an individual on track and pleasantly productive.

Added Benefits Of The Break

In addition to slashing your cable bill, cord cutting can help you retrieve those lost moments - and preserve your sanity - by allowing you to control your advertisement consumption. 

A March Ting blog post shared data from the Wall Street Journal that described how commercial time on cable TV has steadily increased over the past few years and is now up to an average of 15.8 minutes of every hour. Some cable channels gobble up as much as 25 percent of your viewing time with advertisements. Considered cumulatively:

Further, if you watch every episode of NCIS Season 13 live, you will watch 17 hours of content. If you stream the same show through Amazon, without ads, it would be just 11.9 hours of content, for a total savings of over five hours.

Taken one step further, viewers can reduce electricity consumption by eliminating or reducing commercials. While some streaming services like Netflix show no ads, even the ones that do, such as Hulu, show much fewer ads than cable TV; often subscribers can pay a slightly higher rate for ad-free viewing.

If You Like Commercials

Some people enjoy ads, however, so if you decide to cut the cord but still want the ability to view some of those quirky commercials, there is a way to see high-quality ads at your leisure. Ting recommends Superbowl-Ads.com, Fandango on Youtube and Daily Commercials.

Bookmark-worthy

The Ting Blog is one of those golden nuggets that is worth an occasional look. In addition to tips like these, the provider offers product reviews, information on new apps, and answers to questions you probably won't find elsewhere. Check it out.

Service Unavailable: The Failure of Competition - Community Broadband Bits Podcast 196

If you are paying close attention to discussions about broadband policy, you may have come across Fred Pilot's reminders that competition is not a cure-all for our Internet access woes across the United States. The blogger and author joins us for episode 196 of Community Broadband Bits.

Fred Pilot's new book, Service Unavailable: America's Telecommunications Infrastructure Crisis, discusses some of the history behind our current challenges and proposes a solution centered around federal funding and cooperatives.

We discuss the switch from telecommunications as a regulated utility, to which everyone was guaranteed access, to a system relying on competition, in which some people have many choices but others have no options. We also discuss the merits of a national solution vs encouraging more local approaches with federal financial assistance.

Fred's blog is Eldo Telecom and you can follow him on Twitter.

Read the transcript from this show here.

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

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.

You can download this Mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Kathleen Martin for the music, licensed using Creative Commons. The song is "Player vs. Player."

TN and NC vs. FCC: Oral Arguments Scheduled for Thursday, March 17th

This Thursday, March 17th, attorneys for the FCC and the states of Tennessee and North Carolina will present arguments to the Sixth Circuit Court of Appeals on a case that could define parameters for publicly owned Internet networks. The proceedings begin at 9 a.m. eastern. Each side has 15 minutes to present.

As we reported a year ago, the FCC ruled that state barriers in Tennessee and North Carolina limiting expansion of publicly own networks are too restrictive and threaten the U.S. goal of expanding ubiquitous access. The FCC overruled the harmful state laws but soon after, both states filed appeals.

The cases were consolidated in the Sixth Circuit and a number of organizations, including ILSR, offered Amicus briefs. We have collected all the briefs and made them available for you here. As most of our readers will recall, the case focused on Chattanooga and Wilson, two communities that know the many benefits of publicly owned networks.

So, when you raise your glass of green beer on Thursday to celebrate St. Paddy's, send some luck to our friends in Wilson, Chattanooga, and the FCC!

Muni Fiber Tennessee Twofer: Columbia and Pulaski - Community Broadband Bits Podcast 189

We cover a lot of Tennessee ground in this week's Community Broadband Bits podcast - episode 189 - from a cable network to muni Fiber-to-the-Home; Columbia to Pulaski. Wes Kelley, the Executive Director of the Columbia Power and Water Systems is our guest to talk about Columbia's cable and Pulaski's fiber.

He cut his teeth working with a Michigan community's public utility that ultimately decided not to get involved in telecommunications. But he moved on to build out a citywide fiber network in Pulaski before ultimately moving to Columbia, which was the last community in the United States to build a cable system (since then it has been all fiber).

He shares some of his lessons along the way, tips for customer service, and Columbia's plans for the future with their cable system. He also has some choice words for the big content owners that make the cable television business all but impossible for any reasonably sized cable operation.

The transcript from this episode is available here.

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

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.

You can can download this Mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Kathleen Martin for the music, licensed using Creative Commons. The song is "Player vs. Player."