Minneapolis, MN - The 6th Circuit Court of Appeals decided today to dismiss the FCC's February 2015 decision to encourage Internet investment in Tennessee and North Carolina. Tennessee and North Carolina had both restricted local authority to build competitive networks.

"We're disappointed that the FCC's efforts to ensure local Internet choice have been struck down," says Christopher Mitchell with the Institute for Local Self-Reliance. "We thank the FCC for working so hard to fight for local authority and we hope that states themselves will recognize the folly of defending big cable and telephone monopolies and remove these barriers to local investment. Communities desperately need these connections and must be able to decide for themselves how to ensure residents and businesses have high quality Internet access."

ILSR and Next Century Cities filed an Amicus brief in support of the FCC's position. View the Court's Opinion here.

Contact:

Rebecca Toews

rtoews@ILSR.org

612-808-0689

Disappointing news from the U.S. Sixth Circuit Court of Appeals today as the Court chooses to reverse the FCC’s February 2015 preemption order that peeled back restrictive state laws in Tennessee and North Carolina. We have the opinion for you to download and review. You can also view the decision at the Sixth Circuit's website.

We consider the Sixth Circuit’s decision disappointing, incorrect, and we hope the FCC and the cities of Chattanooga and Wilson appeal this decision. Local connectivity and telecommunications should be determined by the people who will be affected by their own decisions, not by officials who are distant, unaware of local matters, and lobbied by rich corporate Internet Service Providers with an interest in limiting competition.

Anti-Monopoly, Pro-Internet Access Groups React

In their statement, Next Century Cities, who joined us in filing an Amicus Brief, said, "Today’s court ruling is a setback in the fight to ensure access to next-generation broadband for more Americans, and Next Century Cities is disappointed by this decision."

The Open Technology Institute (OTI) responded by pointing out that, while the effort to restore local authority has stalled, the FCC's action has focused new attention on the benefits of local publicly owned networks:

“Today’s ruling doesn’t change the fact that these laws were hurting communities in Tennessee and North Carolina. They were written by telecom industry lobbyists to protect incumbents like AT&T and Comcast from competition. Similar laws exist in other states, and they all need to go. State legislatures should repeal these laws and replace them with ones that promote competition and consumer choice.

The results of a statewide Tennessee survey on residential and business connectivity are in and they ain't pretty. Thirteen percent of the state - more than 834,000 people - don’t have access to 25 Megabits per second (Mbps) download and 3 Mbps upload, which is the FCC's definition of broadband. Authors of the study make a number of recommendations, the first of which is removing state barriers that stifle Internet infrastructure investment.

"...A More Open Regulatory Environment"

The study, commissioned by the state’s Department of Economic and Community Development (TNECD) earlier this year, includes feedback from more than 23,000 households and businesses. 

From page 13 of the report:

The State of Tennessee could consider lifting administrative burdens and restrictions to broadband infrastructure investment to fostering a more open regulatory environment. 

In the report, the authors provide detailed reasoning for why the state should embrace an open regulatory environment to encourage competition. They note that state barriers impact electric cooperatives, municipalities that operate electric utilities and cannot expand beyond their own service areas, and municipalities that do not operate electric utilities but can only build telecommunications infrastructure in unserved areas with a private partner.

The FCC came to the same conclusion in February 2015 and rolled back Tennessee state laws in order to encourage competition. Tennessee is leading the charge against the FCC's decision with North Carolina (even though NC's Attorney General criticized the law). The parties have filed briefs, attorneys have presented oral arguments, and now the Sixth Circuit Court of Appeals is considering the case.

Since our founding in 1974, we have worked to rewrite the rules and empower communities to choose their own future. Across several vital economic sectors, we help break the corporate stranglehold that extracts wealth from local economies and undermines democracy.

We give communities the tools to build a strong local economy themselves. From banking to energy, healthy soils to community-owned Internet networks, time and again we have shown that when we level the playing field for individuals and businesses, we improve our economy and the quality of life for all citizens.

Support our work to help communities down the path to local self-reliance. This video illustrates our work, and explains how all of our unique and distinct initiatives, together, build a holistic philosophy of local self-reliance.

Please share it and let others know that we’re fighting for communities to take charge of their whole economy. If you love it, we invite you to make a contribution to our mission of locally-driven economies, because beating back big corporations (or producing awesome animations) isn’t cheap. :)

Longtime efforts by community leaders in Stark County, Ohio, to create a new countywide Internet network have recently taken important steps forward.

Local Support Is Strong

In the past few months, three local government agencies approved informal resolutions to explore building the proposed network, including the City Council in Canton, the Stark County commissioners, and the trustees in Jackson Township. County population is about 375,000 within the 575 square miles located in the northeast section of the state.

In May, an all-volunteer organization comprised of local leaders called the Stark County Broadband Task Team (SCBBTT) announced that they had raised $100,000 needed to fund a feasibility study to explore the construction of the network. The SCBBTT also recently announced they hired a consultant to conduct the study.

We Have a Need for “Transformational” Internet Speed

The SCBBTT is comprised of a large group of volunteers from the county including major figures from government, the business community, and the nonprofit sector. Several years ago the group began working on a plan to construct the network, labeling it a “fourth utility” and saying that Stark County was “falling behind its peers in Ohio and elsewhere in the United States in terms of educational attainment, household income, retention of high-school graduates and overall prosperity.”

The East Central Vermont Community Fiber-Optic Network (ECFiber), a 235-mile Fiber-to-the-Home (FTTH) network that currently connects over 1,200 customers across 24 small towns in east central Vermont, is doing well. It’s doing so well, in fact, that a capital investment group will commit $9 million in long-term financing to the network, a loan that will allow ECFiber to expand and spend down some of its existing debt. 

ECFiber announced last month, that it will use about half of the funds to activate 110 miles of existing fiber this year and add 250 more miles of fiber in 2017 bringing the network to approximately 600 miles. Network officials will use the remaining funds to pay down $7 million in debt; the move will allow ECFiber to save money through reduced interest rates and spread out loan payments over a longer period of time.

Stability Begets New Financing, New Possibilities

The news of this new injection of debt financing comes several years after the original plan to build a larger 1,900-mile, $90 million FTTH network ultimately didn’t materialize in the aftermath of the financial crisis of 2008. When ECFiber failed to secure debt financing for that larger plan, the network scaled back its ambitions, turning to direct investments and raising $7 million from 479 local investors to construct the current network.

This self-financing strategy (for more, listen to our Chris interview Carole Monroe, former General Manager in Community Broadband Bits podcast #177) made ECFiber a reality. This new financing will allow the network to expand at a faster pace and allows ECFiber to significantly stretch its footprint. In the past, the crowd funding approach allowed for targeted, smaller expansions.

Once again, local communities in Colorado chose to shout out to leaders at the Capitol and tell them, "We reclaim local telecommunications authority!"

Nine more towns in the Centennial State voted on Tuesday to opt out of 2005's SB 152. Here are the unofficial results from local communities that can't be any more direct at telling state leaders to let them chart their own connectivity destiny:

Akron, population 1,700 and located in the center of the state, passed its ballot measure with 92 percent of votes cast supporting the opt-out.

Buena Vista, also near Colorado's heartland, chose to approve to reclaim local authority when 77 percent of those casting votes chose to opt out. There are approximately 2,600 people in the town located at the foot of the Collegiate Peaks in the Rockies. Here is Buena Vista's sample ballot.

The town of Fruita, home to approximately 12,600 people, approved the measure to reclaim local authority with 86 percent of votes cast. Now, when they celebrate the Mike the Headless Chicken Festival, the Fruitans will have even more to cheer.

Orchard City, another western community, approved their ballot measure when 84 percent of voters deciding the issue chose to opt out. There are approximately 3,100 people here and a local cooperative, the Delta-Montrose Electric Association (DMEA) has started Phase I of  its Fiber-to-the-Home (FTTH) network in the region. According to an August article in the Delta County Independent, Delta County Economic Development (DCED) has encouraged local towns, including Orchard City, to ask voters to opt out of SB 152. With the restriction removed, local towns can now collaborate with providers like DMEA.

When local elected officials in Colorado put the issue before constituents last fall, voters in almost 50 communities chose overwhelmingly to reclaim local telecommunications authority. Colorado's state law that strips away local authority, SB 152, permits opt-out through referendum. Referendums are expensive for local communities, but at least they are a way to reclaim the power to decide their own future. 

That ability to opt out will get more expensive and more burdensome if a new bill becomes law. Even though the state removed local authority with SB 152, this bill demonstrates that the legislature can still find a way to strip away more local control when big corporate providers feel threatened.

Local Leaders Concerned

SB 136, sponsored by Kerry Donovan, was introduced on March 4th under the guise of "modernizing" the dreaded SB 152. The bill is now waiting for a hearing in the Senate State, Veterans, and Military Affairs Committee. According to the Aspen Daily News, Pitkin County Commissioners are wary of the bill's consequences. So are we. Ninety-two percent of Pitkin County voters approved the opt-out of SB 152 last November, thereby reclaiming authority. The county has already completed a needs assessment and is obtaining bids for telecommunications infrastructure; they don't want this bill to derail their efforts.

Kara Sillbernagel, Pitkin County analyst, shared her interpretation with the Board of County Commissioners (BOCC):

...[A] concern is SB 136 could open the door to potential litigation in the opt-out process.

...

Silbernagel added that, in her opinion, the language complicates the issue away from the simple opt-out solution, and introduces terms which have left governments that opted out “feeling vulnerable.”

“[Concerns are that] it actually seems to be more restrictive for counties moving forward,” she said.

"Modernized" Language = "Modernized" Barriers

The Coalition for Local Internet Choice North Carolina chapter (CLIC-NC) and the Community Broadband Networks Team here at the Institute for Local Self-Reliance (ILSR) have teamed up to create a new fact sheet: Fast, Affordable, Modern Broadband: Critical for Rural North Carolina.

This fact sheet emphasizes the deepening divide between urban and rural connectivity. The fact sheet can help explain why people who live in the country need services better than DSL or dial-up. This tool helps visualize the bleak situation in rural North Carolina and offers links to resources.

Rural North Carolina is one of the most beautiful places in the country but also one of the most poorly served by big Internet access providers. The gap between urban and rural connectivity is growing wider as large corporate providers choose to concentrate their investments on a small number of urban areas, even though 80 percent of North Carolina's counties are rural.

To add insult to injury, North Carolina is one of the remaining states with barriers on the books that effectively prohibit local communities from making decisioins about fiber infrastructure investment. CLIC-NC and ILSR encourage you to use the fact sheet to help others understand the critical need for local authority.

Download it here, share it, pass it on.

Learn more about the situation in rural North Carolina from Catharine Rice, who spoke with Chris in episode 184 of the Community Broadband Bits podcast.

The East-Central Vermont Community Fiber-Optic Network (EC Fiber) recently announced plans to increase speeds across tiers with no increase in prices.

Changes will look like this:

• "Basic" will increase from 7 to 10 Megabits per second (Mbps)
• "Standard" will increase from 20 to 25 Mbps
• "Ultra" will double from 50 to 100
• The new "Wicked" plan will increase from 100 to 500 AND will include a price decrease. (Current subscribers to the Wicked tier who pay for 400 Mbps will also get the bump up to 500 Mbps and the price decrease.)

All speeds from EC Fiber are symmetrical so both download and upload are equally fast.

Self-Funded at the Start

Twenty-four communities in Vermont make up the consortium which began in 2009. The towns joined forces to deploy a regional Fiber-to-the-Home (FTTH) network when large corporate incumbent providers chose to invest elsewhere. Slow DSL was the best option in the area and local residents, businesses, and local institutions needed better connectivity.

Individual investors funded the initial network buildout but last year a new Vermont law took affect that allows towns to create "communications union districts." EC Fiber now functions under such a governance structure and organization officials expect to more easily attract larger investors and borrow at lower interest rates. EC Fiber hopes to answer requests to expand beyond its 24 member towns.

Characteristic Altruism

Increasing speeds with little or no rate increases is typical of publicly owned network communities. Tullahoma's LightTUBe, Chattanooga's EPB Fiber, and Lafayette's LUS Fiber have done it, often with little or no fanfare.