Tag: "section 706"

Posted July 7, 2014 by lgonzalez

As the FCC considers the role of local authority in expanding Internet access, FCC Chairman Tom Wheeler is hearing from coalitions opposing state barriers on municipal networks. On July 3, Executive Directors from the National Association of Telecommunications Officers and Advisors (NATOA), the National League of Cities (NLC), and the National Association of Counties (NACo) sent Wheeler a joint letter of support [pdf].

From the letter:

The diversity of cities and counties in America also reflect differing values and needs. As such, Local governments should have the flexibility to address broadband and Internet access in a way that meets the needs of the people they serve.

The importance of Internet choice at the local level has never been more important. In many places in the U.S, locally-driven projects—including innovative partnerships with private sector companies—have demonstrated that local creativity and local authority is a viable means by which new next-generation broadband infrastructure can emerge.

The letter was close on the heels of a parallel Resolution passed by the U.S. Conference of Mayors (USCM) at their June 22nd Annual Meeting. From the final Resolution:

BE IT FURTHER RESOLVED, that the US Conference of Mayors recommends that the FCC preempt state barriers to municipal broadband service as a significant limitation to competition in the provision of Internet access.

Posted June 23, 2014 by lgonzalez

As the FCC considers its next move in the question of local telecommunications authority, a growing number of organizations are expressing their official support. The American Public Power Association (APPA) recently passed a resolution supporting the doctrine that local communities should not be precluded by states from investing in telecommunications infrastructure.

The APPA official resolution, approved by members on June 17, urges Congress, the FCC, and the Obama Administration to officially support the ability for public power utilities to provide advanced communications services. The resolution states:

That Congress should state in clear and unequivocal language that it supports the ability of local governments, including public power utilities, to provide advanced communications services that meet essential community needs and promote economic development and regional and global competitiveness. 

You can read the entire resolution, calling for updates to the Telecomunications Act of 1996, at the APPA website.

Posted May 1, 2014 by lgonzalez

Christopher Mitchell recently spoke with Ian Masters on the Background Briefing show from KPFK-FM in Los Angeles. Masters connected with Chris to discuss the increasing importance of community networks in light of recent court decisions: Network Neutrality and the court's interpretation of section 706 of the Telecommunications Act of 1996.

From the Background Briefing website:

Then finally we speak with Christopher Mitchell, the Director of the Telecommunications as Commons Initiative at the Institute for Local Self Reliance about the more than 400 towns and cities across America who have installed or a planning to install fiber broadband municipal networks as an alternative to the telecom and cable monopolies who appear to have captured Obama’s FCC which is poised to end the government’s commitment to net neutrality. We discuss the need to both support municipalities who are building networks to circumvent cable monopolies with high speed broadband that other advanced nations enjoy, at the same time, holding the FCC’s feet to the fire so they don’t sell out the public and abandon net neutrality.

The conversation runs about 20 minutes.

Posted April 7, 2014 by lgonzalez

The Illinois community of Urbana, home of UC2B, recently passed a resolution in favor of FCC's section 706 authority. The community's fiber project is bridging the digital divide in this community of 41,000.

On March 17, the City Council voted unanimously to support the FCC as it considers action to discourage, prevent, and remove state legislative barriers that block municipal networks. 

The language is similar to resolutions from communities such as Sebewaing, VidaliaAmmon, and Moultrie. Urbana noted in its resolution that it has made substantial efforts to bring access to more people in the community.  We interviewed Carol Ammons from the U-C Independent Media Center and Brandon Bowersox-Johnson from UC2B in episode 42 of the Community Broadband Bits podcast. Chris, Carol, and Brandon discussed the way the community is capitalizing on the rare urban FTTH network.

RESOLUTION NO. 2014-03-017R

A RESOLUTION TO SUPPORT FCC EFFORTS IN PROTECTING LOCAL AUTHORITY

TO BUILD BROADBAND INFRASTRUCTURE

WHEREAS, the universal availability of affordable high...

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Posted March 27, 2014 by lgonzalez

Two more communities have gone on the record as supporting local authority for telecommunications infrastructure investment. Communities in Vidalia and Sebewaing passed resolutions supporting the FCC's efforts to use its authority to discourage, prevent, and remove state barriers.

Vidalia, on the west side of the Mississippi in Louisiana, recently began offering free Wi-Fi in its new sports complex and along its riverfront. According to Mayor Hyram Copeland, the lack of free public access left local leaders feeling behind the times. From a Natchez Democrat article in February:

“I was embarrassed to say, ‘No,’ but now I can say we do,” Copeland said. “But the end result of all this is that we will have moved this community forward.”

Vidalia seeks funding for a fiber network. Apparently, they are ready with a design and have the technical expertise in-house, but lack of funds have held up the project.

Vidalia's Resolution is almost identical to those in Ammon, Moultrie, Westminster, and Chanute.

Vidalia Seal

We reported on Sebewaing, located in Michigan's "thumb," last summer. The community runs its own electric utility and, due to lack of interest from incumbents, decided a FTTH network was a project they needed to pursue. According Melanie McCoy, from Sebewaing Light and Water, the project is proceeding as planned.

Sebewaing's Resolution uses the same language to address the points we see in Resolutions from the other communities: the need for better access, the importance of broadband infrastructure to local economies, and the important role of local government in the decision...

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Posted March 20, 2014 by lgonzalez

Two more communities recently passed resolutions in support of local authority for broadband networks.

We have written about Ammon and its open access network in southeast Idaho. The municipal network connects anchor institutions and wireless towers in the community of approximately 14,000 people. Chris spoke with Bruce Patterson, Ammon's Technology Director, in Episode 86 of the Community Broadband Bits podcast.

Their Resolution 2014-0005, signed by Mayor Dana Kirkham, reads:

WHEREAS, the universal availability of affordable high speed Internet access for all citizens has been identified as a national priority; and

WHEREAS, community/municipal broadband networks provide an option for market competition, consumer choice, economic development, and universal, affordable Internet access; and

WHEREAS, historically, local governments have ensured access to essential services by banding together to provide those services that were not offered by the private sector at a reasonable and competitive cost. This involvement has included electrification, water supply, public libraries, and other important services; and

WHEREAS, the City Council of the City of Ammon recognize that their economic health and survival depend on connecting the community, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, state constitutions and state statutes exist that may limit or prohibit local government deployment of municipal Internet services, which has the potential of prohibiting or limiting the ability of local government to provide important information and services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED that the City of Ammon supports FCC efforts to ensure local governments are able to invest in...

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Posted March 13, 2014 by lgonzalez

On March 18th, our own Chris Mitchell will host a webinar that you don't want to miss. Tech In the City: A Conversation About Community Broadband Access will be an engaging discussion about municipal networks in light of the recent Verizon v. FCC decision. The court delved into the FCC's authority, clearing up ambiguities from past decisions.

The event, presented by the Media Action Grassroots Network (MAG-Net)'s Community Media Cohort begins at 11 a.m. Pacific / 2 p.m. Eastern. From the event announcement:

Earlier this year, a court order ruled against the Open Internet also known as network neutrality. However, this same order reaffirmed the FCC's role ensuring that communities and cities can create their own broadband infrastructures.

In the last decade hundreds of communities across the U.S have started their own community broadband networks via local governments, cooperatives, or other nonprofit arrangements. But cable and telephone companies, like Comcast and Verizon have a history of redlining in low-income, rural, historically marginalized communities. Led by cohort leader and community broadband expert, Chris Mitchell of Institute for Local Self Reliance, we will have a dialogue about what we can do to protect the future of community broadband networks.

RSVP for the event and spread the word!

Posted March 3, 2014 by lgonzalez

In light of the recent announcement, community leaders in Maryland and Kansas are rallying behind the FCC as it considers its authority under Section 706 of the 1996 Telecommunications Act. In a show of support, the Westminster Mayor and Common Council passed Resolution 14-01, a statement in support of restoring and preserving local authority to build networks. Twelve hundred miles away in Chanute, the City Commission took the same action with Resolution 2014-17.

Readers will remember Westminster as the central Maryland town that has carefully progressed forward in realizing better connectivity. The community recently approved a fiber pilot project as a way to test the water. Our contact in Westminster, Dr. Robert Wack, reported that interest in the network has blossomed even before the start of construction. The network has already attracted one new employer from New York.

Our 2012 case study, Chanute’s Gig: One Rural Kansas Community’s Tradition of Innovation Led to a Gigabit and Ubiquitous Wireless Coverage, tells the story of how the community incrementally built a world-class network. Without borrowing or bonding, Chanute's next-generation fiber network has enhanced education, economic development, and saved millions of taxpayer dollars.

This legislative session, Chanute has contended with threatening state legislation that could derail their expansion plans. The community is very close to a project that would offer fiber services to every premise in town.

...

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Posted February 4, 2014 by christopher

When the DC Circuit Court handed down a decision ruling against the FCC's Open Internet (network neutrality) rules, it also clarified that the FCC has the power to overrule state laws that limit local authority to build community networks. Harold Feld, Senior Vice President for Public Knowledge, joins us for Community Broadband Bits Episode #84 to explain the decision.

Harold exlains what Section 706 authority is and how all the DC Circuit judges on the case felt that the FCC, at a minimum, has the authority to strike down laws that delay or prohibit the expansion of broadband infrastrcturue.

We then discuss how the FCC can go about striking down such laws to reestablish local authority - a community in a state like North Carolina could file a petition with the FCC for action or the FCC could decide to take action itself. Either way, it will have to build a record that laws revoking local authority to build networks are harmful to expanding this essential infrastructure.

Finally, some of this power filters down to state public utility commissions, but just how much is unclear at present.

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 15 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 Fit and the Conniptions for the music, licensed using Creative Commons.

Posted January 15, 2014 by christopher

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. But we have long felt that a different grant of authority gave the FCC the power to overrule state limits of local authority to build networks, Section 706.

...

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