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preemption
Content tagged with "preemption"
"Level Playing Field" Padded With Public Dollars to Private Providers
Municipal broadband networks have been gaining traction across the country. It's easy to see why: In many rural and low-income communities, privately offered broadband services are nonexistent. In its 2012 Broadband Progress Report the Federal Communications Commission counted nearly 20 million Americans (the vast majority living in rural areas) beyond the reach of broadband.
The Free Press' Timothy Karr's words are supported by the growing number of pins on our Community Network Map. We connect with places nearly every day where municipal networks fill the cavernous gaps left by the massive corporations. Large cable and telecom providers do not hide their aversion to servicing rural areas, yet year after year their lobbying dollars persuade state politicians to introduce bills to stop the development of municipal networks. Karr reviewed recent efforts to use state laws to stifle community owned networks in a Huffington Post article.
As readers will recall, this year's front lines were in Atlanta, where HB 282 failed. We hope that loss may indicate a turning point in advancing municipal network barriers because the bill lost on a 94-70 vote with bipartisan opposition. If it had succeeded, Georgia would have been number 20 on a list of states that, thanks to ALEC and big corporate sponsors like AT&T, Comcast, Verizon, and Time Warner Cable, have decided to leave their citizenry begging for the private market to come their way.
Time and again, the supporting argument goes like this:
"A vote 'yes' for this bill means that you support free markets and free enterprise," [Rep Hamilton, the Chief Author of HB 282] said [on the House Floor].
A 'no' vote means that you want more federal dollars to prop up cities, Hamilton said.
But Karr points out that some policy makers are starting to question that argument, with good reason. From his article:
In Georgia, Tech City Opposed HB 282 With Official Resolution
We were happy to report when HB 282 failed to advance on the floor of the Georgia General Assembly House in a bipartisan vote. We were equally pleased to learn that at least one Georgia community passed an official resolution opposing the bill while it was making its way through the committee process.
Alpharetta, an Atlanta suburb, is home to 57,000 people and calls itself the "Technology City of the South." The community has no municipal network and no current plans to invest in one, but nevertheless passed a resolution on February 25th which opposed HB 282.
A Bob Pepalis article on the decision quoted Councilman Jim Gilvin:
"Once again I think this is just a state legislator jumping into local business. And I appreciate their concerns, but we do a pretty good job around here, I think. And if residents don't think so, they will be more than happy to let us know," Gilvin said. "I'd appreciate it if they'd just let us handle our government."
Pepalis heard similar sentiments from Councilman Chris Owens via email
"This goes not only beyond local control, but also impacts our ability and other communities ability to be masters of our own destiny and influence on development as well as provides services to their constituents, both residential and commercial," Owens said. "If that's something in a community's best interests, who better to make that decision than a community rather than the state on behalf of the community."
First, the resolution [PDF] sums up the real world affects of the proposal, if it had passed:
WHEREAS, House Bill 282 would tie the hands of municipal officials in their efforts to build digital networks they need to attract economic development and create a high quality of life for their citizens; and
WHEREAS, House Bill 282 is a bill that would undermine self-determination of cities in the digital age as illustrated by the following:
Democracy Now! Segment on Community Owned Networks
Last week, Catharine Rice and I were guests on a Democracy Now! segment filmed at the Freedom to Connect conference. We discussed what community broadband is, how it has benefited communities, and how a few big cable and telephone companies are trying to stop it.
Georgia Bill to Limit Internet Investment Dies on House Floor
CBS Atlanta Asks Tough Questions of Georgia Anti-Community Broadband Bill
We finally see television news outlets asking the tough questions of bill pushed by powerful cable and telephone companies to prevent giving residents a real choice in cable and Internet service providers. We been covering this Georgia bill closely, and were glad to see this segment:
This video is no longer available. The segment makes an error in suggesting that tax dollars are commonly used by local governments in building networks. They are not. Most municipal networks are built using revenue bonds, where the community does not pledge its full faith and credit. Instead, they sell bonds to private investors who are then repaid by the revenues generated by the network. But this mistake is more than outweighed with the reveal at end of the video, that the municipal network in Thomasville allowed the city to drop its local property entirely. Yet another community benefiting tremendously from owning its own network.The Monopoly Magnate Helps Big Cable to Ban Community Networks in Georgia
Community Leaders Testify Against HB 282, Bill Passes Anyway
Community leaders from several Georgia cities made the trek to Atlanta to oppose HB 282 on Thursday, February 28th. Opposition to this bill to limit investment in Internet networks includes community leaders, high tech companies, and citizens all over the state. Nevertheless, legislators on the House Energy, Utilities, and Telecom Committee chose to ignore the needs of communities, prefering to tell them from afar how to run their towns. Winners? Incumbents Windstream, AT&T, CenturyLink, and Comcast.
A substitute bill [PDF] was introduced that exempts communities with municipal electric utilities from the prohibition to provide telecommunications. Additionally, the bill's definition of "broadband service" is now defined as service equal to or greater than 3.0 Mbps. "in the faster direction." While these look like compromises at first blush, they do very little to change the real world application of the bill.
Our earlier analysis of the bill addressed the fact that the expense and time required to prove locations of unserved areas as defined by the bill, would foreclose the possibility of communities making investments in this essential infrastructure. Likewise, communities that already have networks would be similarly burdened.
High Tech Companies Oppose Bill to Limit Internet Investment in Georgia
Atlanta Writer Looks to Chattanooga, Fears State Bill to Prevent Internet Investment
Chattanooga continues to receive attention because of the incredible community owned network they built for themselves. We recently came across an article from Tom Baxter of the Atlanta SaportaReport. In his article, Chattanooga: Eating our lunch in liveability, Baxter expresses the envy he feels as an Atlantan as he considers the way Chattanooga has transformed itself. From the article:
Yes, Chattanooga. Seldom do we think of our neighbor across the Tennessee line as much of a competitor. When they built an aquarium, we just built a bigger one. But for nearly three decades, since a group of civic leaders got together in 1984 and committed themselves to doing something about Chattanooga’s image as the dirtiest city in America, and in the view of some the dullest, they have been eating our lunch on the playing field of liveability.
Baxter mentions Georgia's HB 282, a bill we are following closely, and notes how its passage would drive more distance between livability in Georgia and the increasing quality of life in Chattanooga:
Chattanooga’s broadband system, the fastest in the Western Hemisphere, could run at a gigabyte a second, if anybody could really use that kind of speed. Meanwhile, in Georgia, there’s a bill currently proposed which would prohibit public broadband carriers like the one in Chattanooga from expanding into any area if even one consumer in an entire census block has private broadband service of 1.5 megabytes a second or larger. (A gigabyte is equal to 1024 megabytes.)
...Having a fiber-optic broadband system like Chattanooga’s in 2013 is like having an airport like ours was in 1963. And in 2057, given recent climate projections, having several decades of experience in energy efficiency and green growth will be priceless.
We ignore this at our peril. Cities we used to ignore, like Chattanooga and Greenville, S.C., have made enormous strides over the past few decades because they’ve tried harder. That’s what they used to say about Atlanta.
We are glad to see that Tom gets it, but we had to offer a gentle correction in that network speeds are typically measured in megabits, not megabytes. His analysis is spot-on, just a bit of word confusion.
LaGrange Muni Network Serves Business and Government in Georgia
As the Georgia legislature considers HB 282, a bill that will restrict local governments from investing in telecommunications networks, we are continuing coverage of the communities that will be harmed by passage of the legislation.
Should the restrictions become law, existing networks will not be able to expand. No expansion means fewer opportunities to reap the benefits that flow naturally from community networks. While this means few residents will receive access in places like Thomasville and Moultrie, it also means fewer businesses will receive access in places where networks exclusively serve commercial customers and government offices.
LaGrange's IT Director, Alan Slaughenhaupt, told us a little about its municipal network that began in 1996. The community decided to build its own network when no private provider would. The first goal was to get the K-12 schools connected. Bonds funded the network build out and were paid off within five years. At the time, the city partnered with ISN (Later Earthlink) to get the schools connected. LaGrange now partners with Charter Communications to bring connectivity to students.
The LaGrange network now connects hospitals, most city, county, and state government facilities, and provides connectivity for businesses. Alan describes how a T1 connection cost local businesses $2,300 per month in 1996. Now, thanks to competition created by the community owned network, local businesses can pay just $100 for a connection with better capacity. The municipal network serves about 400 commercial customers.
Alan explained that the automaker Kia moved a manufacturing facility near LaGrange in 2009 that used Just-In-Time inventory control. It needed a high-speed connection between the main plant and suppliers that LaGrange could deliver.