preemption

Content tagged with "preemption"

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Reflections on Mountain Connect Rural Broadband Conference - Community Broadband Bits Podcast 105

With so many people on vacation this week for Independence Day, we decided to take it easy and reflect on my trip to Colorado to discuss rural broadband at the Mountain Connect conference. Lisa and I reflect on the event and what other states can learn from Colorado. 

Though the Colorado legislature previously bowed to pressure from CenturyLink's predecessor to limit local authority, the Department of Local Affairs for the state of Colorado has a smart approach to encouraging rural broadband expansion. Rather than operating in a top-down fashion, it responds to plans that are developed organically by communities working together regionally. 

This show is 12 minutes long and can be played on this page or via Apple Podcasts or the tool of your choice using this feed.

Transcript below.

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

Listen to other episodes here or view all episodes in our index. See other podcasts from the Institute for Local Self-Reliance here.

Thanks to Waylon Thornton for the music, licensed using Creative Commons. The song is "Bronco Romp."

Another Colorado Community May Reclaim Local Telecommunications Authority

Boulder's City Council is considering November ballot question to restore local authority for municipal telecommunications services. The measure, if passed, will create an exemption to the 2005 Colorado law allowing Boulder to better use its existing fiber optic infrastructure.

Apparently, the Boulder community has a self-reliant streak. This is not the first time the Institute for Local Self-Reliance has reported on the community of 97,000. John Farrell, Director of the Democratic Energy initiative, has followed the grassroots campaign to establish a city-owned electric utility in Boulder.

The Daily Camera reports that City Council staff, in a memo to Members, recommend the community seek authority to make use of existing assets. The City owns an extensive network of conduit that it began developing in the 1990s. Boulder has aggressively expanded the network, leasing it to private partners and using the space for a fiber I-Net to connect over 50 municipal facilities.

The Boulder Research and Administration Network (BRAN) serves the City, the University of Colorado, the U.S. Department of Commerce, and the University Corporation for Atmospheric Research. Each of the four entities shared equally in funding the $1.2 million eleven mile network. Boulder is an administering partner for BRAN and hopes to capitalize on that relationship even further.

Approximately 10% of Boulder's residents have home-based businesses, reports City Council staff. The community ranks high in the concentration of software engineers, innovators, and scientists. Businesses with less than 100 employees comprise 97% of firms in Boulder. Local surveys indicate the business community is hungry for better services. From the Daily Camera article:

[Director of Information Technology Don] Ingle said the city has no concrete plans in place to pursue partners, but he believes there will be a lot of interest if Boulder can get the authority.

Senators and Representatives Back FCC Move to Restore Local Authority

Citing the importance of Internet access to economic development, a number of Congressional Democrats are calling on FCC Chairman Wheeler to make good on his intention to remove barriers to community owned networks. Senator Edward Markey is the lead from the Senate and Representative Doyle in the House. And this Minnesotan takes pride in seeing both Senators Franken and Klobuchar signed on. The letter [pdf] makes a strong case for local decision-making:
[L]ocal communities should have the opportunity to decide for themselves how to invest in their own infrastructure, including the options of working with willing incumbent carriers, creating incentives for private sector development, entering into creative public-private partnerships, or even building their own networks, if necessary or appropriate. ... Communities are often best suited to decide for themselves if they want to invest in their own infrastructure and to choose the approach that will work best for them. In fact, it was the intent behind the Telecommunications Act of 1996 to eliminate barriers to entry into the broadband market and promote competition in order to stimulate more innovation and consumer choice. We urge you and your colleagues to utilize the full arsenal of tools Congress has enacted to promote competitive broadband service to ensure America’s communities obtain a 21st century infrastructure to succeed in today’s fiercely competitive global economy.
Signing the letter included Senators Edward Markey, Al Franken, Amy Klobuchar, Richard Blumenthal, and Cory Booker as well as Representatives Mike Doyle, Henry Waxman, and Anna Eshoo. We thank each of them for standing up for local authority. Yesterday, we gave a brief update of what has happened thus far on this issue. This is a very important moment, as so many communities have recognized that at the very minimum, they need a plan for getting next-generation networks. Cable and DSL simply aren't good enough to compete in the modern economy but the big carriers have enough clout in state capitals to push laws limiting competition and enough power in DC to feel confident in their anti-consumer mergers.

U.S. Conference of Mayors Passes Resolution to End State Barriers

On June 22, Mayors from around the country gathered at the U.S. Conference of Mayors 82nd Annual Meeting. Members of the Standing Committee on Transportation and Communications voted to combine Resolution #115 "Net Neutrality" and #114 "Preserving a Free and Open Internet."

Resolution #115 was of particular interest to community broadband advocates because it called on the FCC to preempt state laws erecting barriers to local authority.

The final product, officially approved by the USCM, retained the language supporting Chairman Wheeler's intention to help smooth the road for publicly owned networks:

BE IT FURTHER RESOLVED, that the US Conference of Mayors recommends that the FCC preempt state barriers to municipal broadband service as a significant limitation to competition in the provision of Internet access.

Resolution #115 was introduced by Mayor Paul Slogin of Madison, Wisconsin.

Update: Restoring Local Authority to Build Community Networks

It has been a busy few weeks for those of focused on restoring local authority to communities over the matter of building Internet networks. But for those of you who are just wondering what is happening, we haven't done the best job of keeping you in the loop. A few weeks ago, we noted the blog post by Chairman Wheeler in which he again affirmed his intent to restore local decision-making authority to communities. Some are wondering if Chairman Wheeler will take action or is just making empty threats. After years of the previous FCC Chair specializing in all talk, no action, it is a good question to ask. From the information I have been able to gather, I believe Chairman Wheeler is very serious about removing these barriers. And so do the big cable and telephone company lobbyists. They have been spreading their falsehoods in op-eds and convincing a few Congressional Republicans to attack a straw man they created. Eleven Senators signed a letter to Chairman Wheeler on June 5, in which they claimed he was poised to "force taxpayer funded competition against private broadband providers." This is nonsense on multiple levels. As we have carefully explained in our fact sheet on financing municipal networks [pdf], the vast majority of municipal networks have used zero taxpayer dollars. This argument is simply a dodge to hide the fact that the big cable and telephone companies want to prevent any possibility of competition. On June 12, some sixty Republicans signed a similarly misleading letter to the Chairman. What is particularly galling about both letters is that they justify their opposition to any FCC action because the states are closer to the people than "unelected federal bureaucrats in Washington, D.C." Can you hazard a guess who is closer to the people and more trusted than elected officials in the state capital?

APPA Adopts Policy Resolution Supporting Municipal Broadband Services

As the FCC considers its next move in the question of local telecommunications authority, a growing number of organizations are expressing their official support. The American Public Power Association (APPA) recently passed a resolution supporting the doctrine that local communities should not be precluded by states from investing in telecommunications infrastructure.

The APPA official resolution, approved by members on June 17, urges Congress, the FCC, and the Obama Administration to officially support the ability for public power utilities to provide advanced communications services. The resolution states:

That Congress should state in clear and unequivocal language that it supports the ability of local governments, including public power utilities, to provide advanced communications services that meet essential community needs and promote economic development and regional and global competitiveness. 

You can read the entire resolution, calling for updates to the Telecomunications Act of 1996, at the APPA website.

Local Leaders to Vote on State Preemption Resolution at U.S. Conference of Mayors

The 82nd Annual Meeting of the United States Conference of Mayors (USCM) will be voting on resolutions this weekend in Dallas. It's time for you to call your Mayor and tell him or her to support Resolution #115 on Network Neutrality and restoring local authority on Internet infrastructure. 

The Resolution (page 293 of the Resolutions list) recommends that the FCC pre-empt state laws that preempt local authority over local investments and partnerships to expand Internet access. The net effect is to restore local authority. The Resolution also recommends the agency reclassify broadband Internet service as Telecommunications Service under Title II.

This is a perfect opportunity for local community leaders to express their constituents' demand for authority to control their broadband destiny.

The Mayor of Madison, Paul Soglin, introduced Resolution #115. Is your Mayor attending the conference?

Act now - the conference ends June 23!

A Short CLIC Background - Community Broadband Bits Podcast Episode 103

This week, Lisa and I discuss the Coalition for Local Internet Choice, CLIC, that was announced last week. This is a short episode that aims to answer some of the common questions about CLIC, including why we felt it was necessary to create this coalition now. You can still sign up to become a member of CLIC if you agree with our statement of principles that these important decisions should be made by communities, not preempted by states. We are compiling a long list of those that support local authority - businesses, trade groups, utilities, community organizations, local governments, and more! 

This show is 8 minutes long and can be played on this page or via Apple Podcasts or the tool of your choice using this feed.

Transcript below.

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

Listen to other episodes here or view all episodes in our index. See other podcasts from the Institute for Local Self-Reliance here.

Thanks to Waylon Thornton for the music, licensed using Creative Commons. The song is "Bronco Romp."

Announcing the Coalition for Local Internet Choice!

We are excited to announce a new effort to restore and preserve local decision-making authority when it comes to public private partnerships and Internet infrastructure investment. The Coalition for Local Internet Choice, CLIC, will work to ensure communities can make these decisions for themselves. Mission statement:
The Coalition for Local Internet Choice – CLIC – represents a wide range of public and private interests who support the authority of local communities to make the broadband Internet choices that are essential for economic competitiveness, democratic discourse, and quality of life in the 21st century.
I'm excited to be a part of this effort as a senior advisor working with Jim Baller, Joanne Hovis, and Catharine Rice. We are asking people to join the coalition via the CLIC page (right hand column toward bottom). Members agree to the following principles. Follow localnetchoice on Twitter. The Internet Is Essential 21st Century Infrastructure: Modern broadband Internet networks are essential infrastructure in the 21st century economy. Access to modern broadband infrastructure is vital in ensuring that all communities – rural, tribal, and urban – can access opportunity and participate fully in community life. Local Communities Are the Lifeblood of America: America is built on its great communities. Towns, counties, and cities are where economic activity and civic engagement live — and communities recognize modern broadband Internet infrastructure as essential to enable such economic and democratic activity. Communities Must Be Able to Make Their Own Choices: Local choice enables local self-reliance and accountability. Local choice enables local innovation, investment, and competition. Local communities, through their elected officials, must have the right and opportunity to choose for themselves the best broadband Internet infrastructure for their businesses, institutions, and residents. Federal broadband policies must prioritize local choice and provide local communities full, unhindered authority to choose their own broadband future. More updates to follow - but please sign up if you agree. Also, spread the word!

FreeUTOPIA Destroying Myths About Macquerie in Utah

Jesse Harris at FreeUTOPIA recently published a piece correcting the many fantastic errors disseminated by the Utah Taxpayers Association. The group continues to spread lies to poison a proposal from Australian company Macquarie that could reinvigorate the ailing network. We spoke with Harris and Pete Ashdown, from Xmission, about the proposal in episode #85 of the Community Broadband Bits podcast.

As can be expected, the arguments are nothing new, but the Utah Taxpayers Association still finds a way to take it to new extremes. Harris' post is worth the read because it offers truths to correct misinformation.

After correcting several points, Harris writes:

Really, their diatribe just goes on and on like that. A lot of it is basic fact-checking stuff that’s flat-out wrong, but they know those kinds of statements will rile people up and get them too angry to consider the real facts.

The best thing you can do right now is to make sure you show up at city council meetings, let your elected officials know you support the deal, and make sure you counter any of the flat-out false talking points the opposition will be trotting out time and time again. We’re really close to having this thing in the bag, and we can’t let up until the ink dries on the final agreement.

In a late-breaking story, he also says he has evidence that CenturyLink is behind this astroturf campaign. Not at surprising, but we should not sit idly by while powerful corporations try to undermine our republic.