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

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)

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.

Over the past few years, a number of media outlets have spotlighted Chattanooga’s rebirth from “dirtiest city in America” to a high-tech economic development engine. Recently, the BBC World Service produced “Chattanooga - the High Speed City” an episode in its Global Business Podcast series.

Peter Day presents the 27-minute story, described by the BBC as:

Chattanooga has been re-inventing itself for decades. In the late 1960s Walter Cronkite referred to the city as "the dirtiest in America." Since then heavy industry has declined and, to take its place, civic leaders have been on a mission to bring high-tech innovation and enterprise to Chattanooga. In 2010 the city became the first in America to enjoy gig speed internet following an investment of a couple of hundred million dollars from its publicly-owned electricity company, EPB. What economic and psychological benefits have super-fast internet brought to this mid-sized city in Tennessee? Has the investment in speed paid off? 

In the podcast, Day interviews a number of people who describe how access to the fast, affordable, reliable network offered by EPB Fiber Optics has benefitted the community. The story includes interviews with business leaders, artists, entrepreneurs, and others who recount how the community’s Internet infrastructure has influenced their decision to locate in Chattanooga. The Times Free Press covered the BBC podcast in detail and reprinted an excerpt from Mayor Andy Berke:

"The city that I grew up in in the mid 1980s was dying," Berke told the BBC. "We held on to our past for too long. We're not the best at something and that's really important for a community. When you are the best, that changes how you look at things and allows you to take advantage of and utilize your resources. Chattanooga was a community that didn't have a tech community."

You can listen to the podcast on the BBC World Service Global Business website.

This week in The Nation, Peter Moskowitz highlighted some of the nation's fastest municipal networks, bringing these Gig cities to a new level of national awareness. From Sandy, Oregon, to Wilson, North Carolina, and Chattanooga, Moskowitz touted these networks as a main reason the cities have been able to attract entrepreneurs and businesses.

The focus of the article was on Chattanooga's EPB Fiber network, how it propelled the city into the 21st century, and continues to spark innovation. Chattanooga's EPB now boasts a subscribership of 82,000 -- testimony to fast, affordable, reliable connectivity and good customer service.

“Really, these last two years you’ve seen it pick up steam,” said Christopher Mitchell, the director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance (ILSR). “It’s just going to keep on spreading.”

Six years ago, Chattanooga was the only city offering publicly owned 1-gigabit Internet. Today, over 50 communities do, according to ILSR, and there are over 450 communities in the United States offering some form of publically owned Internet. Many municipal networks are in small towns and rural areas where private high-speed Internet is hard to come by. But several dozen are in cities like Chattanooga, where there are other, private options for internet that tend to be much more expensive and slower than what governments have proven they can provide.

While the Internet network is one of many things Chattanooga is doing right, the option to obtain Gigabit per second (Gbps) service for only $70 per month is a big bonus. Other communities see Chattanooga's success and are starting to replicate their own affordable Fiber-to-the-Home (FTTH) Gig plans.

Read full article

For public safety, fiber networks can offer new opportunities and improve existing services. Last year, Ammon, Idaho, created an award-widding, high-speed application to provide real-time information about school shooters to emergency responders. This year, Chattanooga is continuing to improve its video infrastructure at public housing.

The police force for the Chattanooga Housing Authority (CHA) now use fiber connectivity to identify and locate suspects - protecting victims and witnesses who fear having to testify in court.

Fiber For Reliable Cameras

The Times Free Press reported on how the CHA has already installed over 50 high-resolution digital cameras in half of its family housing sites. The old cameras were connected via a wireless network, which occasionally lost signal.  All the new cameras are hooked up to a fiber network - a huge improvement in reliability. Officers can now view images from the new cameras with smartphones, tablets, and other computers. Rather than having to return to the precinct, law enforcement can see images while they are still at the site.

Installing the 50 high-resolution digital cameras cost $200,000. In an effort to continue improving video evidence, the CHA has recently applied for a $5,000 grant from the Tennessee Municipal League. With a local match of $5,000, the CHA will upgrade the video equipment in some of the elderly high-rise buildings.

The Digital Video Recording As The Witness

Reaction to the presence of surveillance cameras at the CHS facilities varies. While some people know the footage will help prosecute those who commit crimes, they don't believe the cameras will deter criminal activity. Others feel safer with the cameras in place. 

Video footage is evidentiary and often considered more reliable than eyewitness testimony. While prosecuting those that harm people living at CHS facilities and deterring crime are important, the primary goal is to create a safer environment for residents. Without the added pressure to testify, people who experience criminal activity at CHS facilities can move on with their lives with one less thing to worry about.

Attorneys argued before the Sixth Circuit Court of Appeals on March 17th in the case of Tennessee and North Carolina vs the FCC. The attorneys presented their arguments before the court as it considered the FCC's decision to peel back state barriers that prevent local authority to expand munis.

A little over a year ago, the FCC struck down state barriers in Tennessee and North Carolina limiting expansion of publicly own networks. Soon after, both states filed appeals and the cases were combined.

You can listen to the entire oral argument below - a little less than 43 minutes - which includes presentations from both sides and vigorous questions from the Judges.

To review other resources from the case, be sure to check out the other resources, available here, including party and amicus briefs.

Chattanooga's EPB Fiber Optics continues to stand out as a model for the municipal broadband movement, demonstrating the extraordinary impact that fast, affordable, reliable Internet access can have on economic development efforts. 

Now, a new research report from the Ewing Marion Kauffman Foundation highlights the network’s vital role in kick starting the development of what has become a thriving “entrepreneurial ecosystem” in this city of about 174,000.

Collaboration, Public Private Partnerships

The report, titled "Little Town, Layered Ecosystem: A Case Study of Chattanooga," credits the EPB network as the “spark” for an explosion of economic development since the network's launch in 2010. As the article notes, the EPB estimates that since the launch, Chattanooga has seen an influx of ninety-one new companies with approximately $50 million in venture capital contributions from six firms. 

According to the report, the network has also encouraged an entrepreneurial climate in this city that had a “long history of collaboration and public-private partnerships” even prior to the network launch. The report cites examples of the city's collaborative spirit in several non-profit entities, city officials, local anchor companies and universities, and the city’s recently opened Innovation District.

Yasuyuki Motoyama, director of Research and Policy at the Kauffman Foundation and one of the paper's authors, explains the lessons that other cities might take away from Chattanooga’s example:

"Chattanooga organized and mobilized its assets to orient itself to entrepreneurial initiatives. This demonstrates what a small-size city can do when factions from different sectors focus on a common goal and collaborate to achieve that goal. This case of Chattanooga provides lessons for other cities to leverage their own unique assets and to create equally successful ecosystems."

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!

Some of us remember it - not so fondly - as a discarded relic of an early era of the Internet. But it’s not a relic for people in some parts of rural Tennessee: the awful sound of a dial-up modem.

There are approximately 28,000 people living in the county and as Marion County Mayor David Jackson tells it, he knows residents with no Internet access at all. Some of Marion County residents with nothing better than dial-up can actually look across the Tennessee River and see buildings and houses served by Chattanooga's EPB’s gigabit Fiber-to-the-Home (FTTH) network.

Given this stark contrast, it’s no wonder the push is intensifying for more access to publicly owned Internet networks in Tennessee.

Marion County Wants Local Authority

Elected officials from the Marion County Commission and the town of Kimball are the latest communities to vote on resolutions asking state leaders to change Tennessee’s state anti-muni law. The legal barrier prevents existing municipal utilities from expanding their fiber network footprints to provide telecommunications services to neighboring communities. 

In fact, city leaders in every Marion county municipality have plans to vote on their own resolutions asking the same thing: give us the local authority to decide for ourselves.

While the U.S. Court of Appeals considers whether or not to reverse the FCC decision to roll back the state barrier, communities are calling on the legislature to solve the problem by restoring local authority.

As Communities Succeed, the Municipal Fiber Movement Grows

These communities hope that changing the law will enable Chattanooga to extend its much celebrated EPB network to serve the people of Kimball and other communities in Marion County. The efforts come in the wake of similar requests out of Bradley County.