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Christopher Comments on North Carolina Broadband Access Map in State Scoop

State Scoop - May 26, 2017

Crowdsourced broadband mapping helps North Carolina clean its data

A new tool released by the state's technology agency is being used to refine coverage data reported by the FCC and open the way for new funding opportunities.

North Carolina's state technology agency launched a new tool for measuring broadband speeds across the state Wednesday as part of long-term infrastructure planning that could bring new connectivity to rural areas.

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A fact sheet published by the Institute for Local Self-Reliance shows that North Carolina has a deeply stratified rural-urban divide when it comes to broadband. Christopher Mitchell, ILSR's director of community broadband networks, blames the state's regulations for the disparity.

"The state perversely discourages investment from local governments and cooperatives," Mitchell writes in a 2016 report summary.

A 1999 statute limits the ability of electric cooperatives access to capital for telecommunications, while a 2011 law limits the power of local governments build internet networks.

In an email to StateScoop, Mitchell said North Carolina is "far too focused on AT&T and Charter. It is a real shame."

Disputes over how to fund the state's rural broadband efforts have been an ongoing debate in recent years. A plan sketched by former Gov. Pat McCrory had theoretically positioned all residents in the state with connectivity by 2021. Mitchell argues that the state is ignoring some of its best options by depending on a private market that has thus far consistently failed to serve certain areas of the state.

S&P Global Discusses Discredited Municipal Broadband Report

S&P Global Market Intelligence - May 26, 2017

Hard Data on Municipal Broadband Networks

Written by Sarah Barry James

There is a dearth of good data around municipal broadband networks, and the data that is available raises some tough questions.

A new study from University of Pennsylvania Law School Professor Christopher Yoo and co-author Timothy Pfenninger, a law student, identified 88 municipal fiber projects across the country, 20 of which report the financial results of their broadband operations separately from the results of their electric power operations. Municipal broadband networks are owned and operated by localities, often in connection with the local utility.

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Yet Christopher Mitchell, director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance, argued that Yoo's study did not present an entirely accurate or up-to-date picture of U.S. municipal networks.

"When I looked at the 20 communities that he studied — and his methodology for picking those is totally reasonable and he did not cherry pick them — I was not surprised at his results because many of those networks are either in very small communities … and the others were often in the early years of a buildout during a period of deep recession," Mitchell said.

As an example, Mitchell pointed to Electric Power Board's municipal broadband network in Chattanooga, Tenn. — one of the five networks Yoo identified as having positive cash flow but at such a low level that it would take more than 100 years to recover project costs.

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In fact, without the revenue generated by the fiber-optics business, EPB estimated it would have had to raise electric rates by 7% this year.

Telecompetitor Talks Awful Municipal Broadband Report

Telecompetitor - May 25, 2017

Municipal broadband networks do not have a strong financial track record, according to an analysis conducted by the University of Pennsylvania’s Center for Technology, Innovation and Competition. The municipal broadband financial analysis, which looked at 20 municipal fiber projects, found that only nine were cash-flow positive and that of those, seven would need more than 60 years to break even.

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An Opposing View

Municipal network advocate Christopher Mitchell, director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance, pointed to several flaws in the Penn Law municipal broadband financial analysis.

He noted, for example that a substantial portion of the 20 networks studied were “early in the process and very small.” He also argued that the 2010-2014 study period may have biased the results, as that period included a recession and subscribership for some of the networks has increased substantially since 2014. He noted, for example, that EPB’s broadband network in Chattanooga had about 50,000 to 55,000 subscribers in 2014 but has now hit the 90,000 mark.

The Penn Law authors’ approach was “not the proper way to measure these networks,” said Mitchell in a phone call with Telecompetitor. The analysis “doesn’t take into account jobs created or the impact on the municipal budget,” he said.

He argued, for example, that a municipality that previously paid $1 million annually for connectivity might instead pay itself $500,000 for connectivity on the municipal network.

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Read the full story here.

Maine Anti-Municipal Broadband Bill Receives Coverage in TechDirt

TechDirt - May 4, 2017

Maine The Latest State To Try And Let Giant Broadband Providers Write Shitty, Protectionist State Law

Written by Karl Bode

One of (several) reasons why American broadband is so uncompetitive is the fact that we continue to let giant broadband mono/duopolies quite literally write awful state telecom law. As we've long noted, more than twenty different states have passed laws making it difficult to impossible for towns and cities to improve their local broadband networks -- even in instances when the entrenched duopoly refuses to. Many of these laws even ban towns and cities from entering into public/private partnerships with the likes of Google Fiber. It's pure protectionism.

Maine is the 49th ranked state in broadband speed and coverage -- in large part due to rural markets. Despite countless years of subsidies, broadband providers consistently refuse to seriously upgrade these areas at any scale due to costs. And yet they refuse to let the towns do it themselves, either. State Representative Nate Wadsworth has introduced HP1040, aka "An Act To Encourage Broadband Development through Private Investment." Except like so many of these bills, the proposed law's name is a stark 180 from what the legislative measure actually does.

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And laws banning municipal broadband -- and especially public/private partnerships -- accomplish the exact opposite of that. And while large ISPs (and their ocean of paid think tankers, economists, and other doller-per-holler professionals) have tried to make this a partisan issue -- the vast majority of municipal networks are built in Conservative areas with broad, bipartisan support. That's because there's one thing we can all agree on: nobody likes the local cable and broadband monopoly.

Next City Covers Tennessee's Municipal Broadband Status

Next City - April 20, 2017

Tennessee Bills Send Message on Municipal Broadband

Written by Josh Cohen

In a world increasingly reliant on high-speed internet for all facets of life, about 34 percent of Tennesseans lack broadband access. Two state bills were considered this year to remedy that. One would’ve allowed city-owned high-speed internet infrastructure to expand at no cost to residents. Another outlined an offer of $45 million in subsidies to private internet service providers to build the same infrastructure. Only the latter passed.

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Unsurprisingly, surrounding towns and suburbs want access to that network. EPB wants to expand as well. But they cannot. A state law pushed by private telecom companies prohibits public utilities with broadband networks from expanding beyond city limits. The Federal Communications Commission overturned that law in 2015, but an appellate court reversed the FCC’s ruling, meaning the law still stands.

 

State Senator Janice Bowling’s bill would’ve changed Tennessee law to allow municipal broadband providers to expand beyond city limits. Tullahoma, a city in Bowling’s district, also has a municipal broadband network. EPB said it could expand its network infrastructure with cash on hand and private loans. But both Bowling’s bill and its companion in the House died in committee.

 

Instead, the legislature passed the Tennessee Broadband Accessibility Act, a bill pushed by Governor Bill Haslam. It provides $45 million in tax breaks and grants to private companies such as AT&T and Comcast to build broadband infrastructure in communities that need it.

 

Press Release: Tennessee Sends Broadband Accessibility Act of 2017 to Gov. Haslam's Desk

Tennessee Legislature Passes Broadband Accessibility Act, Delivers Hollow "Victory"

While Governor Haslam's Signature Legislation Sounds Great, AT&T Will Be Laughing all the Way to the Bank

 

Contact:

Christopher Mitchell

christopher@ilsr.org

MINNEAPOLIS, MN - Late yesterday, the Tennessee Legislature officially sent Governor Bill Haslam's signature legislation, the Broadband Accessibility Act of 2017, to his desk. Unfortunately, this bill is more about making taxpayer dollars accessible to AT&T than ensuring rural regions get modern Internet access.

"What we have on one side is a taxpayer-funded subsidy program, and on the other we have a subscriber-based model," says Christopher Mitchell, director of the Community Broadband Networks initiative at the Institute for Local Self-Reliance. "The tragic thing is, AT&T is a taxpayer subsidized monopoly in rural Tennessee that only has to provide a service far slower than the definition of broadband. Locally-rooted networks like Chattanooga's EPB not only offer nation-leading services but have tremendous community support."

With this bill's passage, the Tennessee General Assembly will likely not pass any other broadband legislation during this session. The Broadband Accessibility Act won't improve Tennessee's rating as 29th in Internet connectivity, but it will do a great job of lining AT&T's pockets. As we've tracked throughout the session, there are a number of bills worth supporting that would actually increase connectivity and allow municipalities to take part in their own broadband future.

Washington Post Covers Pew Research on American Attitudes of Municipal Broadband

Washington Post - April 11, 2017

Most Americans want to let cities build and sell homegrown Internet service

Written by Brian Fung

With Internet providers ranking near the bottom of customer satisfaction surveys, 7 in 10 Americans say their towns or communities should be allowed to build new Internet networks that compete with large, established providers, according to new data from the Pew Research Center.

The latest findings add to a long-running battle over restrictions — often written by state legislatures and supported by telecom and cable companies — that prevent local governments from establishing homegrown rivals to ISPs such as AT&T or Charter. And, policy analysts say, the results underscore a gulf in attitudes about public infrastructure spending — although perhaps not the kind you may expect.

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Where they are allowed to, other towns have increasingly moved to build their own independent networks. For example, the government of Colorado Springs, recently became the 100th jurisdiction in the state to vote to overcome the Colorado legislature's restrictions on municipal broadband, said Christopher Mitchell, a public broadband advocate at the Institute for Local Self-Reliance in Minneapolis.

“In Colorado, we see liberal cities like Boulder, conservative cities like Colorado Springs, and many conservative counties putting, in some sense, their money where their mouth is,” said Mitchell.

How Can We Improve the Monopolized Broadband Market?

A recent edition of State Scoop published Christopher's thoughts on the state of competition in the broadband market in the United States. In the piece, Christopher argues how incumbent Internet Service Providers translate their economic power into political power, as seen in the recent vote to strike down consumer privacy protections. He also more widely distributes our recent infographic, "The Market Has Spoken. The Market Is Broken." We've reproduced the op-ed here:

Paths for repairing a broken broadband market

Infographic & commentary: Christopher Mitchell of the Institute for Local Self-Reliance says the new anti-privacy legislation passing through Congress offers further evidence that America's broadband market is broken, but not beyond repair.

To be charitable, one of the reasons that Republicans in Congress moved so quickly to eviscerate privacy protections for internet access subscribers was an overriding belief that the market provides better protection than regulators. To be less charitable, it is possible all the lobbyist contributions to their campaigns had an impact.

But the market is not providing a check to AT&T or Comcast power. They are effectively monopolies — and as we just saw — can translate their market power into political power to wipe out regulations they find annoying.

At the Institute for Local Self-Reliance, where we work to support local economies, this broken market is a major problem. Cable monopolies are bad for local businesses, which become less competitive from paying too much for unreliable Internet access. Communities cannot thrive without high quality Internet access today. 

So we created the infographic below, which offers evidence for our claim that the market is broken. The Federal Communications Commission has documented that most households don’t have a choice in broadband providers, let alone a meaningful choice (where you actually like one of the companies you have to choose between).

LancasterOnline Investigates Cities' Public-Private Partnership, Cites Christopher in Analysis

LancasterOnline - April 2, 2017

LanCity Connect: Lancaster's municipal broadband is the first of its kind in Pennsylvania

Written by Tim Stuhldreher

In mid-January, The Candy Factory in Lancaster joined the early adopter program for LanCity Connect, the fiber-optic broadband network being built for the city by MAW Communications.

Previously, the co-working venue on North Queen Street got its internet service from Comcast, but “we were having nothing but problems,” co-founder Anne Kirby said.

“The minute we switched over to fiber, literally every internet issue we had went away,” Kirby said.

Lancaster officials have worked for more than a decade to bring high-speed municipal broadband to the Red Rose city.

It required creation of a unique public-private partnership with MAW, the first of its kind in Pennsylvania. Starting this spring, LanCity Connect is being made available to the public. ...

With speeds of up to a gigabit per second — that’s 1,000 megabits-per-second, or Mbps — LanCity Connect is a game-changer, local officials say, both for city services and for local residents and businesses.

An advocate for community broadband concurs.

“This is a good deal” for Lancaster, said Christopher Mitchell, the director of the nonprofit Community Broadband Networks Initiative, based in Washington, D.C. “It’s far better than the status quo.”

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In Pennsylvania, a 2004 law requires cities to give their dominant local telecommunications carrier first dibs on building broadband. Only if it refuses can the city go ahead.

Fortunately for Lancaster, the carrier in question is Verizon. Unlike most of its peers, it’s been honest about its lack of interest in small markets, Mitchell said, and it granted the needed waiver.

The PPP

Not only are fiber-optic networks expensive, they’re technologically challenging and have to comply with complex regulations.