Tag: "statewide franchising"

Posted September 12, 2013 by lgonzalez

California's Watsonville, population 51,200, joins the ranks of municipalities considering the benefits of a publicly owned fiber optic network to connect key facilities. At a September 10 the City Council passed a resolution approving plans and calling for an RFP for a next generation fiber network. Bids will be accepted until October 8, 2013.

According to a Register Pajaronian article, the City Council expects the network to cost $480,000. An August 27 memorandum [PDF] provides more detail on the project.

Charter Communications currently provides fiber optic I-Net service to Watsonville local government. The network provides data connections, Internet, gate controls, and security systems throughout the City. The fiber I-Net also provides backhaul for wireless systems for the police department and various remote city locations.

As has happened many in states that have revoked local franchise authority, Watsonville's favorable long term cable franchise agreement with Charter is ending. Charter will no longer provide the I-Net services for no cost as part of its agreement to place its equipment in the public rights-of-way. Instead, it has proposed expensive lease options.

Charter has offered two quotes: $43,115 per year for a reduced level of service and $149,153 per year for the same level of service the city now receives. The memorandum goes on to note that a reduced level of service would require reduction of some uses for the current network, such as eliminating a number of security cameras.

City staff estimates that installation of a next generation network would cost approximately $480,000. They would connect the high school, the City Information Technology office, the Veterans Building, the local reservoir, the library, the airport and the fire station. Watsonville has a significant amount of fiber already in place for use in the citywide transportation system which will reduce the cost of installation. The project will be financed primarily with library and water enterprise funds and other city departments that connect will contribute to the project costs.

When compared to Charter's quote for services...

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Posted October 30, 2012 by lgonzalez

Amy Davis, Investigative Reporter for Click2 Houston.com and local channel 2, reports that Wave Vision, a Houston cable company, is not up to the task in the Lone Star State. According to Davis, the cable company may soon lose its license in Houston.

But the story won't end there because the state of Texas has preempted most local authority to protect consumers and the City's interests. Franchises like this one were grandfathered in when AT&T pushed its statewide franchising legislation that made the state responsible for enacting the franchises that allow video providers to put their cables in the rights-of-way and offer services to residents. And that law does not allow the state to refuse franchises to deadbeat corporations.

As long as a company fills out the form, the state must grant a franchise and the City has to abide by it. This leaves the City with only one option - taking the company to court. And that means more legal expenses. But when Houston wins the case, and it almost certainly will, it is not clear that they will be able to collect because the company will likely declare bankruptcy and the City will be just one of several with unpaid debts.

This is what happens when AT&T writes the legislation that takes power away from communities and puts it in the state or federal levels. State and federal government is not as responsive to citizens as local and is not equipped (nor authorized in many circumstances) to protect the public interest.

Now for the background on just how bad company is, another reminder of why communities must have the authority to build their own networks rather than being stuck with companies like this.

Customers have complained to the local Better Business Bureau 90 times and 61 of those complaints have gone unanswered, driving the BBB rating to an F for Wave Vision. (And those are just the complaints the BBB knows about!)

According to Amy Davis, however, customer complaints have not put Wave Vision in this precarious position. The company owes the City of Houston $809,789.91 in unpaid rights of way fees. Customers continue to pay those fees as part of their monthly bill, but the money is not finding its way to...

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Posted May 4, 2011 by rita-stull

This is the first in a series of posts by Rita Stull -- her bio is available here. The short version is that Rita has a unique perspective shaped by decades of experience in this space. Her first post introduces readers to the often misunderstood concept of the Right-of-way, an asset owned by the citizens and managed mostly by local governments.

yarn1.png

In the process of knitting a baby blanket, a whole ball of yarn became tangled into this mess. . . .

. . . reminding me of the time, in the early eighties, when I was the second cable administrator appointed in the U.S., and found myself peering into a hole in the street filled with a similar looking mess—only made of copper wires, instead of yarn.

yarn2.png

Why talk about yarn and copper wire in the same breath on a site dedicated to community broadband networks? Because it was the intersection of ‘art and cable’ that got me started in the ‘telecommunications policy’ arena, the same kind of thinking that continues today in our tangled telecom discussions: Is it content or conduit, competitive, entertainment, essential, wireless, landline, gigahertz, gigabits?

I transferred from the Recreation Department to launch the city’s cable office as an experienced government supervisor with a Masters in Theater. My employer and I thought cable TV was the ‘entertainment’ business and I had the requisite mix of experience and skills to manage one of the first franchises awarded in 1981.

Yikes. Imagine my surprise on discovering that cable was a WIRE LINE UTILITY using PUBLIC LAND, which each citizen pays TAXES to buy, upgrade and maintain! And, our three-binders-thick, cable franchise was a ‘legal contract’ containing the payment terms for use of our public rights-of-way, as well as protection of local free speech rights. I was thirty years old, a property owner who had never thought about who owned roads, sidewalks and utility corridors.

Rights-of-way are every street plus about 10 feet of land on each side. That land belongs to everyone in the community. Rights-of-way are a shared public asset—sometimes called part of our common...

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Posted April 22, 2011 by christopher

Five years ago, Michigan decided to deregulate cable companies, preempting local authority to negotiate with cable companies in favor of a more relaxed statewide franchise. Many states have gone down this path in hopes of spurring competition and lowering the prices for service. All have seen very minimal gains (mostly from AT&T U-Verse and Verizon FiOS, deployments that have gone forward as well in states that did not preempt local authority). None have seen real decreases in prices.

Michigan also created greater hurdles for the public sector (click on Michigan on our Community Broadband Preemption Map for an explanation of the legislation). In short, Michigan made a big bet that the private sector would build the networks they need to remain competitive. The results are in.

"No matter how you look at it, 70 percent of Michigan's communities still have only one cable provider four years after deregulation," said Deborah Guthrie, President of MI-NATOA, in a statement. "Even in the places where two providers offer service, if serious competition existed, prices wouldn't run up several times faster than inflation and customer service wouldn't be so poor."

Michigan's National Association of Telecommunications Officers and Administrators joined with the Michigan Alliance for Community Media (neither of which seems to have much a web presence) to note that Comcast's prices for lifeline basic have gone up 18% with other services increasing 3x the rate of inflation. Most communities remain stuck with Comcast or Charter solely, two of the most hated corporations in America.

As we educate legislators around the country, we need to keep the lessons from Michigan in mind. Legislators often know very little about telecom issues and are bombarded by lobbyist talking points - but examples like Michigan clearly show what happen when the telco and cableco lobbyists make policy.

And so long as we are discussing Michigan, it is worth noting that the City of Detroit is pushing to have Michigan's statewide franchise law invalidated. Below you'll see the pdf of Detroit's recent...

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Posted January 30, 2011 by christopher

In 2006, this short documentary helped to stop a push from incumbent providers to gut local authority over telecommunications and cable.  Unfortunately, several states then gutted that same local authority, leading to higher prices for consumers and, surprise surprise, no real increase in competition.  

Posted January 24, 2011 by christopher

It's 2011 and time for Qwest to renew a push to gut local authority in a number of states - Idaho and Colorado to start. An article for the Denver Post explains the argument:

Phone companies say state-level oversight of video franchising fosters competition because it is less cumbersome for new entrants to secure the right to offer services.

Many states have also eliminated the condition that new video competitors must eventually offer service to every home in a given municipality, a requirement placed on incumbent cable-TV providers.

Gutting local authority is the best way to increase the disparities between those who have broadband and those who do not. Qwest and others are only interested in building out in the most profitable areas -- which then leaves those unserved even more difficult to serve because the costs of serving them cannot be balanced with those who can be served at a lower cost.

The only reason that just about every American living in a city has access to broadband is because franchise requirements forced companies to build out everyone. Without these requirements, cable buildouts would almost certainly have mirrored the early private company efforts to wire towns for electricity -- wealthier areas of town had a number of choices and low-income areas of town had none.

In Idaho, those fighting back against this attempt to limit local authority are worried that statewide franchising will kill their local public access channels - a reality that others face across the nation where these laws have passed.

The channels, which are also used to publicize community events, provide complete coverage of Pocatello City Council, Planning and Zoning and School District 25 board meetings, as well as candidate forums before elections.

Without these local channels, how could people stay informed about what is happening in the community? Local newspapers are increasingly hard to find. In many communities, these channels are the last bastion of local news. 

This fight over statewide franchising goes back a number of years, but the general theme is that massive incumbent phone companies promise that communities would have much more competition among triple-play networks if only the public...

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