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Cities in Kentucky and Massachusetts Want a Say In Comcast/Time Warner Cable Merger

As the feds continue to evaluate the wisdom of the Comcast/Time Warner Cable merger, local communities in several states are attempting to throw a wrench in the federal approval machine.

In Worcester, Massachusetts, the City Council recently refused to approve the transfer of the city's cable television license to Comcast. In order to sweet-talk the federal agencies concerned the merger may create too much market concentration, Comcast has worked out a deal with Charter Communications to transfer customers in certain geographic areas. Charter is the current incumbent in Worcester. 

According to a Telegam & Gazette article, the City Council does not need to approve the transfer for it to take affect. Nevertheless, the City Council voted 8-3 on October 14 to urge City Manager, Edward M. Augustus Jr., not to approve the transfer of the license. If Augustus makes no determination, the transfer will automatically be approved.

The city can only examine the transfer based on four criteria including company management, technical experience, legal experience, and financial capabilities. Management and poor customer service are the sticking points for Worcester:

District 5 Councilor Gary Rosen said the City Council should not welcome Comcast to Worcester because of its "deplorable and substandard" customer service across the country. 

"It's a terrible company," he said. "In my opinion, they should not be welcome in this city. Comcast is a wolf in wolf's clothing; it's that bad. They are awful, no doubt about it. Maybe we can't stop it, but that doesn't mean we shouldn't speak out." 

A similar scenario is playing out in Lexington, Kentucky. The community is the second largest city served by Time Warner Cable in the state. They are concerned existing customer service problems will worsen if Comcast becomes their provider.

The Urban City Council drafted two resolutions denying the transfer. The resolutions had first reading on October 9. Customer service is, again, a point of contention.

Christopher Libertelli From Netflix Joins CLIC Board

The Coalition for Local Internet Choice (CLIC) has announced that Christopher Libertelli of Netflix has joined the Board of Advisors. Libertelli joins a group of policy leaders, including ILSR's Chris Mitchell, to advance the rights of local communities to have authority over their own broadband decisions.

From the CLIC announcement:

Mr. Libertelli has been Vice President of Global Public Policy at Netflix since December 2011. During his time at Netflix, he has been a champion for a variety of internet policy issues including efforts to increase competition among internet providers. Prior to joining Netflix, Mr. Libertelli managed Skype’s government relations programs in the U.S., Canada, and Latin America.

Netflix has been a strong and consistent supporter of local internet choice. 

Netflix has been very helpful in advocating for the right of communities to build their own networks if they so choose. They filed comments [pdf] in the Wilson and Chattanooga petitions and have been listing some of the larger municipal networks in their monthly speed rankings. We are very grateful for their assistance in these important matters.

Louisiana Municipal Association Passes Resolution in Favor of Restoring Local Authority

The Louisiana Municipal Association is the latest organization to officially support the FCC's ability to restore local authority. The group represents 305 village, town, city, and parish members. Their Executive Board unanimously passed the resolution on July 30 and recently shared it with the FCC:

WHEREAS, the universal availability of affordable high speed Internet access for all citizens has been identified as a national priority; and

WHEREAS, community/municipal broadband networks provide an option for market competition, consumer choice, economic development, and universal, affordable Internet access; and

WHEREAS, historically, local governments have ensured access to essential services by banding together to provide those services that were not offered by the private sector at a reasonable and competitive cost. This involvement has included electrification, public libraries, and other important services; and

WHEREAS, local government leaders recognize that their economic health and survival depend on connecting their communities, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, attempts have been made at the state level to limit or stop further local government deployment of municipal Internet services through legislation, which has the potential of reducing the ability of local government to provide important information and services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED that the Executive Board of the Louisiana Municipal Association convened at its regular business meeting on July 30, 2014 does hereby unanimously support FCC efforts to ensure local governments are able to invest in essential Internet infrastructure, if they so choose, without state-imposed barriers to discourage such an approach.

Center for Public Integrity Covers Big Telecom Attacks on Munis

The Center for Public Integrity recently published an excellent article worth sharing. In "How big telecom smothers city-run broadband," Allan Holmes describes the money-for-infleunce machine at the state level, connects the dollars, and reveals bedfellows. The article is part of a series investigating the political power of big cable and telecom companies.

If you are a regular at MuniNetworks.org or any other news source covering telecommunications, you are familiar with the renewed push to restore local telecommunications authority that began in January of this year. Holmes provides a little background on the court case that inspired FCC Chairman Wheeler to publicly state that the agency is serious about restoring local authority.

Since those developments, an increasing number of journalists have reported on how we came to have barriers to municipal networks in some 20 states. The revived interest has further revealed that state legislatures are big benefactors of campaign contributions from cable and telecom leaders. "Think tanks" aimed at protecting industry giants and conservative millionaires prove to be at the heart of this payola. Holmes does an excellent job of simplifying the web of political influen$e that dooms millions of people to dial-up, outdated DSL, and aging cable infrastructure.

Holmes follows the story of Janice Bowling, a state senator from Tennessee representing the district that is home to LightTUBe in Tullahoma. When she introduced a bill to allow LightTUBe to expand to serve surrounding communities, she did so because:

…I believe in capitalism and the free market. But when they won’t come in, then Tennesseans have an obligation to do it themselves.

When it appeared the bill might get some traction:

Chris Mitchell In Burlington, Vermont on September 19th

Members of the Burlington community are hosting a luncheon on Friday, September 19th, to discuss ways to help keep BT local. Chris, as one of the leading experts on municipal broadband, will be leading the discussion. We have followed BurlingtonTelecom's challenges and victories since 2008.

The event is titled "How Do We Keep Burlington Telecom Local?" and will be at the CCTV Center for Media & Democracy in Burlington. From the announcement:

Many Burlington residents and activists are concerned about the City of Burlington’s plans to sell Burlington Telecom to a private entity by 2017. While the City is committed to BT as a driver for economic and community development, it currently has no specific plans to retain a meaningful ownership stake in the new entity. 

The event is part of a series of community talks aimed at maintaining public input as the City prepares to move forward. 

A free discussion will begin at 11 a.m.; it will be followed by lunch for $15. You can now register online. For those who want to learn more about the network and keep up on the latest developments, CCTV of Vermont has put together a resource page detailing upcoming steps with news coverage, video, and court documents. 

Oklahoma's Sallisaw Passes Resolution to Support FCC As It Considers Preemption

Sallisaw, home of DiamondNet, is the latest community to publicly express its desire to put telecommunications authority in the hands of the locals. On July 14, the Sallisaw Board of City Commissioners approved Resolution 2014-17 in support of the FCC's intention to preempt state anti-muni laws.

A Resolution Supporting Telecommunications Infrastructure For Local Governments

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, community/municipal broadband networks provide opportunities to improve and encourage innovation, education, health care, economic development, and affordable Internet access; and

WHEREAS, historically, the City of Sallisaw has ensured access to essential services by providing those services that were not offered by the private sector at a reasonable and competitive cost; and

WHEREAS, in 2004 the City of Sallisaw took steps to construct its own Fiber to the Premise telecommunications system and now provides the community with quality state-of-the-art broadband services including video, High Speed Internet and telephones services, that otherwise would not be available today; and 

WHEREAS, local government leaders recognize that their economic health and survival depend on connecting their communities, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED that the Board of City Commissioners of the City of Sallisaw, Oklahoma, supports FCC efforts to ensure local governments are able to invest in essential telecommunications infrastructure, if they so choose, without state-imposed barriers to discourage such an approach.

ADOPTED by the Governing Body on 14th day of July, 2014.

Hudson Issues RFP for Broadband Needs Assessment, Business Plan

Hudson, Ohio, located in the Akron area, recently released a Request For Proposals (RFP) for a Broadband Needs Assessment and Broadband Business Plan. The community of 22,000 hopes to connect all municipal facilities, connect business parks, and eventually implement an FTTH network.

A May 4 Hub Times article covered an April city council discussion to expand existing fiber resources throughout the city. Internet Service Manager Bill Hillbish described a plan to connect traffic, security cameras, and possibly provide Internet access to other entities in Hudson. The original plan was to spend approximately $47,000 for fiber and hardware to connect remaining municipal facilities with Hudson Public Power managing the expansion.

At that meeting, the City Council also discussed using the network to connect local businesses and, eventually, residents. Apparently, local businesses are not happy with the incumbent provider: 

Some Council members wanted the work completed sooner than the five-year forecast by Hilbish. Hanink suggested 2016 instead of 2019.

"The business community is screaming for Internet connectivity and speed," said Council President Hal DeSaussure. "We can use it as an economic development and business retention tool."

Economic Development Director Chuck Wiedie said businesses were frustrated with Windstar, which was slow and lacked customer service.

"Our businesses need the Internet," Wiedie said.

At a later City Council meeting, Members delved deeper into the possibility of using fiber for more than an I-Net. From a June 22nd Hub Times article:

Interim City Manager Scott Schroyer June 10 asked for direction for the broadband infrastructure work. The city wants to circle the city with fiber to provide communications for all its city facilities. Council members suggested offering the broadband service to businesses and residents.

Broadband would provide a competitive advantage for economic development for attracting businesses, said Council member Dennis Hanink.

"I'd like to see us try to get to the business parks within a couple years," Hanink said.

National Coalition Opposes Anti-Muni D.C. Legislation; Time to Call Your Rep!

The National League of Cities (NLC), National Association of Counties (NACo), and National Association of Telecommunications Officers and Advisors (NATOA) joined together this morning to send a letter to Congress expressing their opposition to anti-muni legislation being discussed in the House.

As we reported yesterday, it is imperative that concerned constituents speak out against two anticipated amendments that can stifle local investment or end local telecommunications authority. The amendments are expected within the next few days, so we need to act now.

Appropriations bill H.R. 5016, introduced on July 2nd, provides funding for financial services and general government, including the FCC. H.R. 5016 will be the vehicle to force through language to further restrict community broadband networks.

The amendment most damaging to local telecommunications authority is expected to come from Rep. Marsha Blackburn (R-TN). The amendment's purpose is to remove authority from the FCC to preempt state laws preventing local broadband infrastructure investment. By restricting the FCC's use of its funding, the legislation will choke the agency's ability to explore its plan to influence anti-muni state barriers so local communities can decide their own fates.

As the NLC, NACo, and NATOA write in their letter to Congress:

The National League of Cities (NLC), the National Association of Counties (NACo), and the National Association of Telecommunications Officers and Advisors (NATOA) strongly urges you to oppose any amendment to HR 5016 that would hamstring the Federal Communications Commission (FCC) from taking any action on – indeed, even discussing – the issue of state laws that prohibit or restrict public and public/private broadband projects. It is clear that such laws harm both the public and private sectors, stifle economic growth, prevent the creation or retention of thousands of jobs, and hamper work force development.

...

Call to Action: Tell Your D.C. Officials to Vote NO!

H.R. 4752 from Rep Latta (R-OH) will be brought up in the House, likely as an appropriations rider, some time within the next few days. In the past several months, the municipal network movement has made great strides. If passed, this bill's content can be a significant setback. We encourage you to call the D.C. office of your elected officials and tell them to vote NO on H.R. 4752, NO on any rider based on H.R. 4752's language, and NO on any amendment that restricts FCC authority.

Be very specific when it comes to municipal networks - local governments should be the ones to decide whether a network makes sense. These amendments are designed to strip the power from the FCC that would allow it to ensure local governments can make this decision.

H.R. 4752's language would prevent the FCC from regulating Internet service providers under Title II. There is also some indication that the House will consider an amendment on municipal broadband; constituents need to stop the rider and the amendment from moving forward. 

This bill was introduced months ago. According to OpenSecrets.org, its Republican sponsor has received more than $320,000 in campaign contributions from the communications sector since 2007. 

The Free Press has also spoken out against this bill, which would help destroy network neutrality and this lethal amendment.

Get the word out to your communities ASAP! Call your Rep's D.C. office and urge him or her to vote NO on this bill or on any similar rider and NO on any amendment restricting FCC authority. As you know, if the FCC is limited in this way, its authority to take other meaningful action to support municipal networks will be compromised.

When you call your Representative's D.C. office, ask first to speak to the staffer in charge of telecom. If you live in a community where you have benefitted from a municipal network or in a community that is exploring the option, share your experiences. Let them know that you not want Congress limiting FCC authority in this way.

Chattanooga Will Ask FCC to Preempt State Barriers in Tennessee

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: