Tag: "tennessee"

Posted September 1, 2016 by lgonzalez

In our last Community Broadband Bits podcast, Christopher and I discussed the August 10th U.S. Court of Appeals for the Sixth Circuit decision to reverse the FCC’s February 2015 ruling against state barriers. We mentioned Harold Feld’s article about the ruling posted on his website. In keeping with most matters of importance in the municipal Internet network field, Harold expertly sums up the history of the case, the arguments, and what the outcome could mean for the future.

Feld gets down into the crux of the argument that won over the three judges in the Sixth Circuit - the need to establish if it is states or federal agencies that make the decisions regarding whether or not local governments can provide telecommunications.

Determining the answer was a multi-step process and Feld explains how the FCC came to the conclusion that they had the authority to preempt the laws and the states' arguments against it. This was, after all, a test case and Feld describes why the FCC chose Chattanooga and Wilson.

Read more on Feld’s Tales of the Sausage Factory, where he speculates on how the big incumbent providers will react to their win and what is next for municipal network advocates. From Harold:

As with most things worth doing in policy land, it’s disheartening that it’s an uphill fight to get to rational policy. The idea that states should tell local people in local communities that they can’t invest in their own local infrastructure runs against traditional Republican ideas about small government and local control as it does against traditional Democratic ideas about the responsibility of government to provide basic services and promote competition. But that’s how things work in public policy sometimes. We can either give up and take what we get, or keep pushing until we change things for the better.

Posted August 31, 2016 by christopher

It has been several weeks, but Lisa and I wanted to answer any lingering questions people may have about the results of the Sixth Circuit case reviewing the FCC's action to remove state-created barriers to municipal networks. We devoted Community Broadband Bits episode 217 to the case and aftermath.

The Sixth Circuit ruled against the FCC narrowly - finding that while it had no dispute with the FCC's characterization of municipal networks as beneficial, Congress had not given the FCC the power to overrule state management of its subdivisions (cities). As we have often said, restricting local authority in this manner may be stupid, but states are allowed to do stupid things (especially when powerful companies like AT&T and Comcast urge them to).

Lisa and I explore the decision and explain why we are nonetheless glad that FCC Chairman Tom Wheeler and Commissioners Rosenworcel and Clyburn moved on the petitions from Chattanooga and Wilson to remove state barriers to next-generation network investment. We also reference this blog post from Harold Feld, which is a well-done summary of the situation.

Read the transcript of this episode here.

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

This show is 20 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 Roller Genoa for the music, licensed using Creative Commons. The song is "Safe and Warm in...

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Posted August 29, 2016 by lgonzalez

The Sixth Circuit Court of Appeals issued their order on August 10th supporting the states of Tennessee and North Carolina in their challenge from an FCC decision from February 2015. Both states objected to the FCC’s decision to preempt state laws preventing municipalities from providing fast, affordable, reliable connectivity via municipal Internet networks. The Appellate Court Judges reviewed the legal arguments, the precedent, and the interplay between federal authority and state sovereignty. 

The impact of their ruling will affect more than a few pages in a law school text book. Access to high-quality Internet access positively impacts real people and businesses and, as Cecila Kang captures in her recent article in the New York Times, the people who depend on it fear the outcome if their state legislators take it away.

Family Farm Fear

Kang profiles Vick Family Farms, a family potato farm in Wilson, North Carolina.  The Vick family chose to invest in a processing plant when they learned that Wilson’s Greenlight would provide the necessary connectivity. Greenlight allowed them to increase sales overseas. Now, they may lose that connection:

“We’re very worried because there is no way we could run this equipment on the internet service we used to have, and we can’t imagine the loss we’ll have to the business,” said Charlotte Vick, head of sales for the farm.

As Kang notes in her article, the FCC has no plans to appeal the decision, so battles will resume at the state level. Advocates will need to be twice as vigilant because incumbents - the only ones that come out ahead from this decision - may try to push state legislators for even tougher anti-competitive state barriers.

Pinetops: Poster Child For Good Connectivity

Kang checks in on the small town where Wilson’s Greenlight began offering Fiber-to-the-Home (FTTH) Gigabit service about 14...

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Posted August 15, 2016 by lgonzalez

EPB customers love the fast, affordable, reliable Internet access they get from their muni and they appreciate the way its smart-grid helps them save money on their electric bill. According to a new J.D. Power report, their municipal utility is also the highest rated mid-size utility in the South for customer service and reliability.

Double Honors

Just a month ago, Consumer Reports magazine rated EPB the best TV and Internet access utility in the county for customer satisfaction, as chosen by a reader survey. The J.D. Power report went on to rank EPB number two in the country in the category of municipal or investor-owned electric utility.

The Times Free Press reports that in 2015 EPB Fiber Optics earned a net income of $23.5 million while the electric division earned $3.5 million. EPB President David Wade said that the smart-grid has reduced power outages by 60 percent and contributed to customer satisfaction by enhancing reliability of the system.

"The lesson that utilities can learn from other high-performing service providers is that to excel you need a culture that puts customers and employees first," said John Hazen, senior director of the utility practice at J.D. Power. "And because customer expectations continue to increase, you need to have a mindset of continuous improvement to keep up."

It looks like EPB has that lesson committed to memory. From the Time Free press article:

EPB Chairman Joe Ferguson said the favorable grades from EPB customers reflect the utility's local ownership, public service and management focus on serving the customer.

Posted August 11, 2016 by rebecca

Various Sources, August 10-11, 2016

A circuit court decision this week means the digital divide in Tennessee and North Carolina will be allowed to continue. This week, the 6th Circuit Court of appeals decided to dismiss the FCC's decision to encourage Internet investment by restricting local authority to build competitive Internet networks. In February, ILSR and Next Century Cities filed an Amicus Brief in support of the FCC's position. Here is a selection of media stories which cite ILSR.

MEDIA COVERAGE - "Court of Appeals Overrules FCC Decision"

Cities looking to compete with large Internet providers just suffered a big defeat by Brian Fung: The Washington Post, August 10

There are signs, however, that municipal broadband proponents were anticipating Wednesday's outcome — and are already moving to adapt. One approach? Focus on improving cities' abilities to lay fiber optic cables that then any Internet provider can lease; so far, only one state, Nebraska, has banned this so-called "dark fiber" plan, said Christopher Mitchell, who directs the Institute for Local Self-Reliance's Community Broadband Networks Initiative.

"We're pursuing strategies that are harder for the cable and telephone companies to defeat," said Mitchell.

Circuit court nixes FCC’s effort to overturn North Carolina, Tennessee anti-municipal broadband laws by Sean Buckley: Fierce Telecom, August 10, 2016

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However, pro-municipal broadband groups like the Institute for Local Self-Reliance, which filed an amicus brief in support of the FCC's position, said they are "disappointed that the FCC's efforts to ensure local Internet choice have been struck down.”

Court Deals FCC a Big Blow in Municipal Broadband Ruling by Alex Byers: PoliticoPro August 10, 2016 (subscription needed)

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Posted August 10, 2016 by lgonzalez

The 6th Circuit Court of Appeals decided to dismiss the FCC's decision to encourage Internet investment in Tennessee and North Carolina

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

Posted August 10, 2016 by lgonzalez

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.

Although the FCC lost this particular case, the agency’s efforts put a spotlight on these pernicious laws and gave momentum to repeal efforts in...

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Posted August 4, 2016 by lgonzalez

In 2015, Nashville welcomed Google Fiber with open arms, anticipating all the possibilities gigabit connectivity could mean for businesses and residents. The deployment is moving slowly, however, in part because of time consuming make ready work on utility poles. In order to speed up the process and establish better policy for the city in general, Nashville has just introduced a one touch make ready ordinance.

Too Many Wires

A recent Nashville Scene article described the situation, common in a number of communities where utility poles already carry a number of wires:

The thousands of poles that stand around the city, most of which are owned by Nashville Electric Service, are arranged with power on top and communications equipment in a line below that. In Nashville, this means NES equipment pushes electricity up top, while broadly speaking, gear from Comcast and AT&T — whether for home phone, cable or internet service — operates below. 

Enter Google Fiber. Because Nashville largely sits on a massive bed of limestone rock, running cable underground is, for the most part, not a viable option. That means Google has to join its new friends in the industry on the poles, through a process known as Make Ready. In a typical scenario, that involves Google — or any other new company trying to enter the market or get on a particular pole — notifying NES, which will then notify each telecom company that it needs to send a crew to the pole — one after another — to move their equipment and accommodate the new party. The process can take months, even if contractually mandated time frames are followed. Google Fiber officials and operatives working on their behalf suggest that’s not always the case. 

One-Stop Approach

One touch make ready will allow one entity the ability to move all the wires from all the entities at one visit. Louisville, Kentucky, has enacted one touch make ready but AT&T and Frontier have joined forces to sue the city to stop it. The policy cuts...

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Posted July 29, 2016 by alexander

Tullahoma Utilities Board (TUB) recently celebrated its 3,500th Internet customer, rewarding the lucky LightTUBe subscriber with a $350 bill credit. TUB has offered Fiber-to-the-Home (FTTH) triple-play services to the Tennessee town of 19,000 since 2009. 

LightTUBe now boasts an estimated market penetration rate of 39 percent, despite competition from publicly-traded incumbents Charter, Comcast, and AT&T. LightTUBe delivers $90 per month symmetrical gigabit connectivity (1,000 Megabits per second), so upload and download speeds are equally fast. LightTUBe also offers other affordable options and has repeatedly lowered prices and increased speeds.

Lighting the Way for Tennessee

TUB successfully stimulated economic development with its LightTUBe service, attracting businesses like J2 to Tullahoma. It has also enabled smart metering and other cost-saving measures that are a boon to the local community. Yet, Tennessee state law preempts public utility companies from providing Internet services to communities beyond their electrical grid. With little meaningful competition, neighboring communities have no alternative to incumbent providers. 

Although the FCC overruled the State of Tennessee in 2015, both Tennessee and North Carolina are in the process of appealing to the Sixth Circuit Court of Appeals. A recently published study showed that 13 percent of state residents do not have access to broadband services and recommended removing barriers to broadband infrastructure investment. TUB, Bristol’s BTES, and...

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Posted July 25, 2016 by lgonzalez

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.

The report goes on to recommend other policies, including dig-once, smart conduit rules, and one-...

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