preemption

Content tagged with "preemption"

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Poulsbo Wireless Mesh Pilot Extends Internet in Washington - Community Broadband Bits Podcast #66

With a population of over 9,000 just across Puget Sound from Seattle, Poulsbo is a town with a lot of commuters and a vision for improved access to the Internet to allow more to reduce the physical need to travel. City Councilmember Ed Stern joins us for the 66th episode of Community Broadband Bits to discuss their plan. We talk about the history of Noanet and Kitsap Public Utility District investing in fiber networks, only to have the state legislature restrict the business models of such entities in a bid to protect private providers (that have repaid that kindness by refusing to invest in much of the state). Unable to achieve its vision for a fiber network, Poulsbo has since created an ordinance to increase the amount of conduit in the community for future projects and embarked on an open access mesh wireless project. See our full coverage of Poulsbo. Read the transcript from our discussion 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 19 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.

Crap Cable Threatens Cloud Services

For my money, the best headline of last week was "The U.S.'s crap infrastructure threatens the cloud." The rant goes on to explain just how crummy our access to the Internet is.
As a patriotic American, I find the current political atmosphere where telecom lobbyists set the agenda to be a nightmare. All over the world, high-end fiber is being deployed while powerful monopolies in the United States work to prevent it from coming here. Some of those monopolies are even drafting "model legislation" to protect themselves from both community broadband and commercial competition.
He nails a number of important points, including the absurdity of allowing de facto monopolies to write the legislation that governs them. However, Andew Oliver's article is a bit muddled on the issue of "monopoly." I have argued with several people that the term "monopoly" has historically meant firms with large market power, not the more stringent definition of "the only seller" of a good. It is not clear how Oliver is using the term. Because of this confusion, you can come away from his piece with the firm idea that it is primarily government's fault we have a duopoly of crap DSL and less crappy cable. He repeatedly says "state-sponsored monopolies." However, no local or state government may offer exclusive franchises for cable or telecom services and the federal government hasn't officially backed monopolies for decades. This is a key point that many still fail to understand - a majority seem to believe that local governments bless monopolies when local governments actually are desperate for more choices. This is why they fall all over themselves to beg Google to invest in their community or they build they own networks (over 400 communities have wired telecom networks that offer services to some local businesses and/or residents). Poor laws and regulations have helped the massive cable and telephone companies to maintain their status - that is why they spend so much on lobbying and political contributions at all levels of government.

Greater Austin Area Telecommunications Network Saves Millions for Taxpayers

Austin, Texas, with a little over 820,000 people, is home to several centers of higher ed, the Southwest Music Festival, and a next generation network known as the Greater Austin Area Telecommunications Network (GAATN).

It was also the second metro area selected by Google for the Google Fiber deployment. But before they got Google Fiber, a local partnership had already connected key community anchor institutions with limitless bandwidth over fiber networks. The network measures its success in terms of cost avoidance, and averages out to a savings of about $18 million per year combined for its 7 member entities.

In 2011, the National Association of Telecommunications Officers and Advisors (NATOA) named GAATN the Community Broadband Organization of the Year. Today, GAATN also serves the  City of Austin, the Austin Indepedent School District (AISD), Travis County, local State of Texas facilities, Austin Community College (ACC), the University of Texas at Austin (UT), and the Lower Colorado River Authority (LCRA).

GAATN's bylaws prevent it from providing service to businesses or individual consumers. Texas, like 18 other states, maintains significant barriers that limit local public authority to build networks beyond simply connecting themselves. As a result, local entities must tread lightly even if they simply want to provide service for basic government functions.

Centennial, Colorado: Voters To Decide on Authority to Build Fiber Network

The people of Centennial, Colorado, will have the opportunity to vote this fall on the option to allow their city to provide indirect telecommunications services. Located south of Denver in the metro area, Centennial has over 100,000 residents. Recently, the City Council unanimously approved the following ballot question for the upcoming elections. The city press release shared the wording voters will see in November:

SHALL THE CITY OF CENTENNIAL, WITHOUT INCREASING TAXES, AND TO RESTORE LOCAL AUTHORITY THAT WAS DENIED TO ALL LOCAL GOVERNMENTS BY THE STATE LEGISLATURE, AND TO FOSTER A MORE COMPETITIVE MARKETPLACE, BE AUTHORIZED TO INDIRECTLY PROVIDE HIGH-SPEED INTERNET (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NON-PROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, THROUGH COMPETITIVE AND NON-EXCLUSIVE PARTNERSHIPS, AS EXPRESSLY PERMITTED BY ARTICLE 29, TITLE 27 OF THE COLORADO REVISED STATUTES?

As we note on the Community Network Map, Colorado requires a majority referendum unless incumbents refuse to offer requested services. This vote would not establish a utility or approve funding, but would allow community leaders to investigate municipal network possibilities. From a Villager article:

“I’m not sure we know exactly where this could go in the future,” District 4 Councilman Ron Weidmann said at the Aug. 5 council meeting. “But let it breathe and let it take shape. I think we need to give this thing a chance.” 

Over 40 miles of city-owned fiber run under major rights-of-way to manage traffic signals. Centennial hopes to utilize the excess capacity and work with private providers to bring connectivity to local businesses, municipal government, schools, libraries, and possibly residents. 

Like other Colorado communities, Centennial realizes its vitality depends on its ability to ensure better Internet access to existing and potential employers. Centennial's business community complains that the lack of high-speed connections hold them back. 

Jim Baller Discusses Municipal Broadband History - Community Broadband Bits Episode #57

Jim Baller has been helping local governments to build community owned networks for as long as they have been building them. He is the President of and Senior Principal of the Baller Herbst Law Group in Washington, DC. Jim joins us for Episode #57 of the Community Broadband Bits podcast to discuss some of the history of community owned networks. Jim has a wealth of experience and helped in many of the most notable legal battles, including Bristol Virginia Utilities and Lafayette. We start by noting some of the motivations of municipal electric utilities and how they were originally formed starting in the late 19th century. But we spend the bulk of our time in this show focusing on legal fights in the 90's and early 2000's over whether states could preempt local authority to build networks. In our next interview with Jim, we'll pick up where we left off. If you have any specific thoughts or questions we should cover when we come back to this historical topic, leave them in the comments below or email us. You can learn more about Jim Baller on his website at Baller.com. Read the transcript from 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 30 minutes long and can be played below on this page or subscribe via iTunes or via the tool of your choice using this feed. Search for us in iTunes and leave a positive comment! 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.

No High-Speed in Manchester: European Commission Rules Preempt Local Authority

Though we often discuss some of the ways European nations have surpassed the U.S. in Internet network investment, they also have some counter-productive rules that limit investment. The Manchester Evening News recently published an article about a plan to bring high speed Internet to a deprived area of 30,000 homes where access is either slow or absent. From the article:

European rules ban public subsidy being used to fund infrastructure where – in theory – a company could roll it out instead.

The Manchester Council planned to use public funding to bring the homes into the 21st century, but the European Commission blocked the plan. Because Internet providers say there is not enough demand for broadband access in the areas, they are not compelled to build there.

Sound familiar?

“Part of this involves trying to address the digital divide which means that some parts of Manchester have little or no high speed broadband coverage because commercial internet service providers, such as BT, Virgin and Talk Talk and others, claim there is not enough demand. We have tried hard to address this but it has become clear that Europe-wide regulations mean our hands our tied and we cannot help provide connections where the private sector is able, but not willing, to do so," [said Manchester Coun Nigel Murphy].

This serves as a reminder that Europe also has a variety of bad policy approaches that privilege massive corporations over local authority. We hope to see people there step to defend their rights to be locally self-reliant.

Silverton, Colorado, Breaks Ground in First Phase of Regional Network

In 2010, Silverton, Colorado, decided to build a fiber-optic loop for savings and better connectivity in rural San Juan County. At the time, Qwest (now CenturyLink) provided a microwave connection to the town of around 630 residents. After taking state money to connect all the county seats, Qwest decided to take fiber to everyone except Silverton, much to the frustration of local residents. We wanted to catch up with happenings in this former silver mining camp.

We spoke with Jason Wells, Silverton Town Administrator, who told us that Silverton's loop is part of a regional effort, the Southwest Colorado Access Network (SCAN). Silverton's loop broke ground in April and it will cost $164,000. Silverton and San Juan County contributed $41,000 and the remainder comes from a Southwest Colorado Access Grant. Wells says public institutions will be hooked up first, then downtown businesses. Connecting the schools will come later.

The community is limited by its remote geography. At 9,300 feet above sea level, the town is one of the highest towns in the U.S. and still served by microwave technology. Wells hopes future expansion will include wiring Silverton to Durango, the closest SCAN community. Durango connects municipal and La Plata County facilities with its municipal fiber and leases dark fiber to local businesses, private providers, and community anchor institutions.

Wells connected us to Dr. Rick K. Smith, Mayor of participating Bayfield and General Manager of the Southwest Colorado Council of Governments (SWCCOG). Dr. Smith shared some history on the SCAN project.

Holly Springs, North Carolina, Looking to Save with Municipal Network

The Town Council of Holly Springs, North Carolina, just voted to pursue municipal network infrastructure. The Holly Spring Sun reports that the proposed network would include Town Hall, a local business park, the wastewater treatment plant, and school facilities. Wi-fi would be available in parks and public facilities. Holly Springs is about 25,000 people in the center of the state near Research Triangle Park.

The City is pursuing a plan focused on cost-savings for community anchor institutions - North Carolina law effectively prohibits local governments from connecting businesses or residents. However, local governments can still serve schools, libraries, public safety, and the like. We have previously released a fact sheet with some of the savings other communities have seen from these investments.

Council members expressed concern over the current cost of service from private providers and expected hikes in rates:

“It’s going to continue to be more expensive for us,” said Councilman Tim Sack said, for something “that’s going to be less than what we need and more than we can afford.”

The cost for the project could range from $1.3-$1.5 million for a connection to all town facilities, [IT Director Jeff]Wilson said.

WUNC reports that CTC Technology and Energy will design the network. Joanne Hovis, CTC President, noted that the town will not offer services but building the infrastructure will hopefully encourage competition. 

From WUNC:

Holly Springs mayor Dick Sears says the council believes the town can break even by shifting funds from its current Internet service.

"I think we all felt that, yes, this would be a pay-for-itself kind of an option to take, so we're in-the-works process. But at the same time, we heard enough good news during that presentation that we want to continue the process," Sears says.

Accusation of Corruption in Favor of Time Warner Cable in North Carolina General Assembly

Veteran North Carolina legislator Rober Brawley resigned as Chairman of the state Finance Committee, reports local WRAL. According to WRAL's @NCCapitol blog, the Republican from Iredall read his resignation letter during a recent floor debate. He criticized Speaker of the House Thom Tillis, questioning Tillis' ethics and accusing him of special legislative favors specifically for Time Warner Cable.

One bone of contention was a bill introduced by Brawley to expand the service area for the municipal cable network MI-Connection in Mooresville. From the letter as quoted in the article:

"You slamming my office door shut, standing in front of me and stating that you have a business relationship with Time Warner," Brawley wrote. "MI Connections is being operated just as any other free enterprise system and should be allowed to do so without the restrictions placed on them by the proponents of Time Warner."

Stop the Cap covered the background of that bill in its article about this accusation:

New York Times on Internet in America, Genachowski Legacy

Eduardo Porter has an important column today in the business section of the New York Times, "Yanking Broadband From the Slow Lane." He correctly identifies some of the culprits slowing the investment in Internet networks in our communities. The last two paragraphs read:
Yet the challenge remains: monopolies have a high instinct for self-preservation. And more than half a dozen states have passed legislation limiting municipalities from building public broadband networks in competition with private businesses. South Carolina passed its version last year. A similar bill narrowly failed in Georgia. Supporting these bills, of course, are the nation’s cable and telephone companies.
Not really "supporting" so much as creating. They create the bills and move them with millions of dollars spent on lobbyists and campaign finance contributions, usually without any real public debate on the matter. Eduardo focuses on Google Fiber rather than the hundreds of towns that have built networks - as have most of the elite media outlets. Google deserves praise for taking on powerful cable and DSL companies, but it is lazy journalism broadly that has ignored the networks built by hundreds of towns - my criticism of the press generally, not Eduardo specifically. FCC Logo The person who deserves plenty of criticism is former FCC Chairman Genachowski. From the article:
According to the F.C.C.’s latest calculation, under one-third of American homes are in areas where at least two wireline companies offer broadband speeds of 10 Mbps or higher.
We have 20 million Americans with no access to broadband. The rest are lucky to have a choice between two providers and even then, most still only have access to fast connections from a single provider. When the National Broadband Plan was unveiled, we were critical of it and believed it would do little to improve our standing.