preemption

Content tagged with "preemption"

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Businesses Mount Opposition to Anti-Competition Cable Bill in Kansas

In a very quick turnaround, a number of prominent companies have signed on to a letter opposing the Kansas bill to block competition for existing Internet providers, like Time Warner Cable. Firms signing the letter sent to the Commerce Committee include Alcatel-Lucent, American Public Power Association, Atlantic Engineering Group, Calix, CTC Technology & Energy, Fiber to the Home Council, Google, National Association of Telecommunications Officers and Advisors, OnTrac, Telecommunications Industry Association, Utilities Telecom Council. The Committee will hear the bill on Tuesday morning. We understand that no recording or live streaming is planned.

Update: When originally posting this, I failed to credit Jim Baller - who organized the letter and works to preserve local authority, so communities themselves can decide whether a network is a wise investment.

Early Reactions to Anti-Competition Broadband Bill in Kansas

Following the introduction of SB 304 to limit investment in Internet networks in Kansas, which we covered on Tuesday, we saw some early reactions from those who fear the bill will effectively stop new investment in networks, much to the benefit of the big cable and telephone companies already providing service. We quickly saw a new Facebook page - Kansans for Broadband Access - and a related website by the same name. In Chanute, a rural community with an impressive municipal network serving businesses and anchor institutions, the local paper covered overwhelming disapproval.
The city opposes the bill because it’s legislation that allows lawmakers in Topeka to define what local communities can or cannot do. “It’s about home rule, local choice,” Chanute Utilities Director Larry Gates said. “It’s not about what happens in Topeka.”
And a local business weighed in, noting that the City service is essential because the private providers have refused to upgrade and offer modern services:
Phil Jarred of Jarred Gilmore & Phillips PA said the two private companies providing internet services, CableOne and AT&T cannot meet the needs his business requires. “Both services are not fast enough,” Jarred said. “It costs us too much not to have the fiber optics.”
Stacey Higginbotham at GigaOm noted that it curiously bans both municipal networks and the types of partnerships that Google and Kansas City formed, finishing with "it looks like incumbent providers are fighting back with politics." This is nothing new of course - companies have sought for years to protect their businesses with laws limiting the competition rather than investing or being innovative. But when it comes to an essential infrastructure, we should be particularly careful.

Kansas Legislature Introduces Bill to Limit Internet Investment

Get updates to this story here. With Senate Bill No. 304 [pdf], the Kansas Legislature will consider a bill to revoke local authority to build networks. If passed, this bill would create some of the most draconian limits on building networks we have seen in any state. The language in this bill prohibits not only networks that directly offer services but even public-private partnerships and open access approaches. This is the kind of language one would expect to see if the goal is to protect politically powerful cable and telephone company monopolies rather than just limiting local authority to deliver services. The bill states that the goal is to
encourage the development and widespread use of technological advances in providing video, telecommunications and broadband services at competitive rates; and ensure that video, telecommunications and broadband services are each provided within a consistent, comprehensive and nondiscriminatory federal, state and local government framework.
Yet the bill does nothing but discourage investment, with no explanation of how prohibiting some approaches will lead to more investment or better services. It does not enable any new business models, rather it outlaws one possible source of competition for existing providers. The bill contains what will appear to the untrained eye to be an exemption for unserved areas. However, the language is hollow and will have no effect in protecting those who have no access from the impact of this bill. The first problem is the definition of unserved. A proper definition of unserved would involve whether the identified area has access to a connection meeting the FCC's minimum broadband definition delivered by DSL, cable, fiber-optic, fixed wireless or the like. These technologies are all capable of delivering such access. However the bill also includes mobile wireless and, incredibly, satellite access. As we have noted on many occasions, the technical limits of satellite technology render it unfit to be called broadband, even if it can deliver a specific amount of Mbps. Satellite just does not allow the rapid two-way transmitting of information common to modern Internet applications.

Circuit Court to FCC: You Can Restore Local Authority to Build Community Networks

As we noted yesterday, the DC Circuit of Appeals has decided that the FCC does not have authority to implement its Open Internet (network neutrality) rules as proposed several years ago. But the court nonetheless found that the FCC does have some authority to regulate in the public interest, particularly when it comes to something we have long highlighted: state barriers to community owned networks. For example, see North Carolina and recent efforts in Georgia. States have been lobbied heavily by powerful cable and telephone companies to create barriers that discourage community owned networks. Nineteen states have such barriers (see our map with the states shown in red), largely because communities have nowhere near the lobbying power of massive cable and telephone companies, not because the arguments against municipal networks are compelling. For those who remember a certain Supreme Court decision called Nixon v Missouri, the Court has once weighed in the matter of state barriers to community networks. In the '96 Telecom Act, Section 253 declares "No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." However, the Supreme Court decided in 2004 that Congress was insufficiently clear in its intent to preempt state authority - that "any" did not mean "any" but rather meant something else. In making this decision, it ignored a legislative history with plenty of evidence (see Trent Lott for instance) that suggested Congress meant "any" to mean "any." ANYway, we lost that one. States were found to have the right to limit the authority of communities to build their own networks.

Dublin, Georgia: Offering Connectivity to Businesses, Schools, Government Since 1999

Dublin, home to 16,000 people, is also home to a network that snakes through the city and parts of Laurens County. In addition to a natural gas utility that serves the region, the city provides connectivity to two area school districts and local businesses. We contacted Guy Mullis, IT Director for the City of Dublin.

The fiber optic network was installed in 1999 to provide connectivity for the two separate school systems in the community, Laurens County Schools and Dublin City Schools. The school districts needed better connectivity because dial-up was the only option at the time. The school districts could not afford the cost of installing their own fiber networks.

The City used its own funds to construct a network that is 85% aerial. Mullis was not an employee of the City at the time, but he estimates the network cost approximately $1.5 - $2 million. He also believes the funds were a combination of capital improvement funds and economic development funds. From the start, the plan has been to serve the schools but also to provide connectivity to spur economic development.

Eight city school facilities and six county school facilities use the network today for connections between buildings. Dublin City Schools have 10 Gbps speeds between facilities; Laurens County Schools have equipment in place for 1 Gbps connections between schools. Both school districts use the Georgia Technology Authority for Internet access.

Once the network was in place, AT&T and Charter Communications began building in Dublin. Mullis says he does not believe AT&T and Charter would have invested in Dublin in 2000 if not for the presence of the community network. He notes that AT&T begin installing DSL in areas of town within a year of the fiber network deployment. 

Responding to "Crazy Talk" Volume 4 - Community Broadband Bits Episode #72

We are back with the fourth volume of our responding to "Crazy Talk" theme on the Community Broadband Bits podcast. The source of this week's crazy talk is a public relations executive for Time Warner Cable, following an interview I did on WUNC in North Carolina. Lisa Gonzalez, myself, and our colleague John Farrell react to some of the claims made to discuss what you should know about community owned networks and broadband policy more generally. We talk about misleading statistics, lies about how local governments fund networks, and whether Time Warner Cable or local utilities pay more in taxes. 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. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 23 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed. Listen to previous episodes here. You can can download this Mp3 file directly from here. Find more episodes in our podcast index. Thanks to Mudhoney for the music, licensed using Creative Commons.

Denver Suburb Seeks to Take Back Local Authority

Centennial is asking its voters to reclaim local authority this election. City leaders want to make better use of an existing fiber optic system but a 2005 Colorado state law pushed by a corporate telephone company precludes it. If the citizenry reclaims its local authority through referendum, the City can take the next step toward providing indirect services via its fiber network. 

We contacted City Council Member Ken Lucas to find out more about the ballot question. Centennial is a relatively young city that was incorporated in 2001 and has about 100,000 residents. Lucas told us that this ballot question is not only about using their fiber resources. The community of Centennial considers this a critical step toward maintaining a business friendly environment.

The National Transportation Safety Board (NTSB) provided grants to install the existing network for traffic control, security cameras, and public works monitoring. The City contributed only approximately $100,000 to the network, valued at $5 million. Traffic and public safety now use only two strands of the network that runs through the center of town. City leaders want to use the remaining 94 strands to improve access in the community. To see a map of the fiber and open conduit in Centennial, check out the City's PDF.

Approximately 94% of Centennial businesses and 85% of households are within one mile of the fiber backbone. Residents and business owners can now choose between Comcast or CenturyLink and rates are high. Lucas tells of one business owner who asked Comcast to provide 1 Gbps service to his building. Comcast offered to lease a line to the business at a high rate, but the customer would still have to pay $20,000 for installation.

WUNC Radio Show Explores Muni Network Restrictions in North Carolina

WUNC, a public radio station out of Chapel Hill in North Carolina, covered community owned networks and broadband availability on its recent "State of Things" midday program. I was a guest along with a local resident and a public relations executive from Time Warner Cable to discuss North Carolina's broadband compared to other states and its law that effectively bans local governments from building networks.

The discussion is good, though I certaily could have done a better job. Ultimately I thought the host did a good job of bringing in each guest to make their points, though Time Warner Cable was totally unprepared to talk about how North Carolina can expand access. Instead, they talked about the cable giant's requirements to invest in networks in rural areas.

We are going to follow up on these points but for now wanted to make sure you have a chance to listen to the show. Our coverage of the bill discussed in the radio show is available here.

Mark Creekmore Takes on Windstream - Community Broadband Bits Podcast #69

Earlier this year, Mark Creekmore transitioned from a frustrated DSL customer to a champion for better Internet access in Georgia. A concerned citizen and tech consultant, Mark joins us for the latest Community Broadband Bits podcast. He discusses his history with Windstream and the steps he went through to improve his Internet access. Along with this interview, you can read a how-to guide he wrote on DSL Reports. Mark documented the times his connection speeds fell, his calls to tech support, and their inability to deliver what they promised. Finally, he helped the CBS Atlanta affiliate to cover Windstream's failure to deliver promised services. We became aware of Mark as he became aware of Windstream's efforts to revoke local authority from local governments to build networks that would deliver the services that Windstream would not. Read our coverage of those legislative fights from 2013 and 2012. Read the transcript of our conversation here. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 22 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed. Listen to previous episodes here. You can can download this Mp3 file directly from here. Find more episodes in our podcast index. Thanks to Mudhoney for the music, licensed using Creative Commons.

Jim Baller Returns for Vol 3 of Muni Network History - Community Broadband Bits Episode #67

We are excited to continue our history series with Jim Baller of the Baller Herbst Law Firm. This is Jim's third time on the program, having joined us for Episode 57 and Episode 63. We continue our discussion with a recap of the events of 2004, including Jim's work with Lafayette to find a compromise to the ALEC bill that would have effectively banned municipal networks in Louisiana and the Verizon-led campaign to prevent Pennsylvania communities from following the muni fiber path of Kutztown. We discuss several of the state battles over the years and the near passage of the Community Broadband Act by the U.S. Congress. Also, how some of the big telecom carriers started to invest in FTTH after the model was proved by community networks. We'll have Jim back for future shows as we continue charting the history of community owned networks. Read the transcript of our conversation here. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 23 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed. Listen to previous episodes here. You can can download this Mp3 file directly from here. Find more episodes in our podcast index. Thanks to Break the Bans for the music, licensed using Creative Commons.