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Chanute Receives State OK to Bond for FTTH Deployment

The Kansas Corporation Commission (KCC) will allow the city of Chanute move forward with its plan to serve residents and local businesses with its municipal network reports the Wichita Eagle. KCC staff had recommended that the community, which has built out a network over the course of decades, receive KCC approval. 

In keeping with an antiquated 1947 state law, K.S.A. 10-123, the city needed KCC approval to issue the revenue bonds. In keeping with the statutory requirements, the KCC found that the expansion is necessary and appropriate for the city, its consumers and investors. The KCC also also determined that the expansion will not duplicate an existing utility service.

In its filing [PDF], Chanute indicated that its network is an essential part of the local economy and the community's future:

Chanute is a rural community, and like all rural communities, access to broadband is fundamental to the well-being of its citizens and even to the survival of the community itself. Chanute does not need to convince the Commission of the importance of having access to a high- speed broadband network. The Commission is well aware of that need. The investments contemplated for Chanute's broadband network are necessary and appropriate to allow Chanute to meet that need in its territory.

As the city points out, incumbents AT&T and Cable One, do not offer anything close to the level of service of the planned gigabit FTTH network. As we cover in our 2012 report on Chanute, AT&T and Cable One seem to have no interest in serving the community beyond minimum expectations. It was the need for better services that inspired the city to build out its infrastructure and offer services to local businesses.

Prior the the KCC ruling, the Wichita Eagle reported that AT&T requested and obtained permission to intervene in the proceeding. AT&T's subsidiary Southwestern Bell Telephone Company (SWBT) petitioned to intervene in November [PDF], stating:

SWBT's interests and those of its customers may be affected by any order or determination of the Commission as may hereafter be adopted in the above- captioned proceeding.

AT&T told the Eagle:

“Any decision made by the KCC could impact AT&T’s business operations in the area, which is why we asked to intervene in the proceeding,” the company said in a written response to questions from The Eagle. “AT&T remains interested in both broadband issues and the work of the KCC.”

Larry Gates, Director of Utilities in Chanute, 
told the Eagle that the city is ready to issue the revenue bonds and begin connecting customers as soon as the KCC approves the request.

In their filing, the city also commented on the the outdated nature of the state law requirement. From the Eagle article:

In the commission case, Chanute is arguing that the 1947 law was actually designed to protect municipalities from defaulting on bonds because of private-sector competition, not to protect private-sector providers from competition with local government.

Since then, lawmakers and regulators have almost entirely deregulated telecommunication services, counting on competition in the marketplace to keep providers from charging too much or providing substandard service.

“This reasoning (behind the 1947 law) reflects an environment where construction of a telecommunications network was considered a natural monopoly, where one company could supply an entire market at less cost than two or more companies,” Chanute’s filing said. “That is no longer the case in the telecommunications marketplace.”

The 1947 law “does really sort of fly in the face of everything that has been said about competition,” [David Springe, chief consumer counsel for the Citizens' Utility Ratepayer Board] said. “It’s either a competitive world and you can stand on your own two feet, or it’s not.”

KCC staff agreed with Chanute. At the time the law was implemented, it was meant to protect the interests of the monopolies that served the rural areas, but the Telecommunications Act of 1996 shifted policy to encouraging competition.

There are other providers in the area, writes staff, but none of them can provide the caliber of services Chanute will offer. Because AT&T and Cable One do not offer services anywhere near the gigabit FTTH planned by Chanute's broadband utility, there would be no duplication of services.

Staff also agrees with the city, when it analyzes the need for the expansion. From the staff report [PDF]:

Upgrading Chanute's facilities would not only benefit the citizens of Chanute but its community anchor institutions and community business partners as well. In addition, by improving and expanding upon the fiber optic network currently in place by Chanute, Chanute is protecting its current investment. Staff therefore believes the expansion plans as contemplated are appropriate for the municipality and its consumers, and for the protection of its investors.

For a look back at Chanute's story, listen to episode #16 of the Community Broadband Bits podcast. Chris interviewed Larry Gates and then City Manager JD Lester.

Muscatine, Iowa, Upgrading to FTTH

Muscatine Power & Water (MP&W) announced in late November that it will upgrade its municipal hybrid fiber coaxial (HFC) communications network to an FTTH network. The upgrade will allow Muscatine to offer gigabit speeds. Construction is set to begin in 2016; the FTTH network is scheduled to go live in 2017.

According to the press release, the community hopes to capitalize on the new technology for economic development opportunities, better residential services, and replace an aging system with future proof infrastructure. From the press release [PDF]:

Consideration was also given to two other plans that would have either maintained or incrementally improved the existing HFC system. As stewards of the public trust, the Board of Trustees felt the other options were costly short-term fixes and that FTTH was clearly the superior option.

“Tonight’s decision assures that Muscatine Power and Water will continue to be a leader in telecommunications,” said LoBianco, “the new system will be able meet the bandwidth needs of the community for years to come while reducing maintenance and improving reliability. It ensures that the communications capabilities in Muscatine are as good as in any large city which enjoys the benefits of FTTH technology.”

Muscatine sits in the far southeast corner of the state and is home to approximately 29,000 people. The community established a municipal water utility in 1900, an electric utility in 1922, and its communications utility in 1997. According to the press release, the community was unhappy with the previous incumbent and an overwhelming majority of local voters elected to establish what is now called MachLink. The network offers video and Internet access.

A Muscatine Journal article reporting on a recent meeting of the Board of Water, Electric, and Communications Trustees notes that the project will be funded with an interdepartmental loan, one of the three most common funding mechanisms. (For more on funding municipal networks, check out our fact sheet [PDF].)

The article also reported that the communications utility posted a $64,000 profit in October which was higher than expected. In fact,  the entire year has been better than expected, even though revenues were down: 

The communications utility posted profit of $64,134 in October, compared to the budgeted profit of $43,928. A 3.7 percent decrease in revenue was driven by a lower number of cable television subscribers, but expenses were lower due to lower programming fees. A loss of $26,723 was budgeted for the year through October. Instead, profit of $470,960 was posted.

Cities in Kentucky and Massachusetts Want a Say In Comcast/Time Warner Cable Merger

As the feds continue to evaluate the wisdom of the Comcast/Time Warner Cable merger, local communities in several states are attempting to throw a wrench in the federal approval machine.

In Worcester, Massachusetts, the City Council recently refused to approve the transfer of the city's cable television license to Comcast. In order to sweet-talk the federal agencies concerned the merger may create too much market concentration, Comcast has worked out a deal with Charter Communications to transfer customers in certain geographic areas. Charter is the current incumbent in Worcester. 

According to a Telegam & Gazette article, the City Council does not need to approve the transfer for it to take affect. Nevertheless, the City Council voted 8-3 on October 14 to urge City Manager, Edward M. Augustus Jr., not to approve the transfer of the license. If Augustus makes no determination, the transfer will automatically be approved.

The city can only examine the transfer based on four criteria including company management, technical experience, legal experience, and financial capabilities. Management and poor customer service are the sticking points for Worcester:

District 5 Councilor Gary Rosen said the City Council should not welcome Comcast to Worcester because of its "deplorable and substandard" customer service across the country. 

"It's a terrible company," he said. "In my opinion, they should not be welcome in this city. Comcast is a wolf in wolf's clothing; it's that bad. They are awful, no doubt about it. Maybe we can't stop it, but that doesn't mean we shouldn't speak out." 

A similar scenario is playing out in Lexington, Kentucky. The community is the second largest city served by Time Warner Cable in the state. They are concerned existing customer service problems will worsen if Comcast becomes their provider.

The Urban City Council drafted two resolutions denying the transfer. The resolutions had first reading on October 9. Customer service is, again, a point of contention.

According to an October 9 Kentucky.com article, the city proposed including a fine for poor customer service as part of the agreement.  The fine is in the current franchise agreement, but TWC will not agree to carry it forward into the next agreement. The two parties have been working on a new contract since the previous one expired in 2012.

From an October 7 article in Kentucky.com:

Vice Mayor Linda Gorton said the city held two public meetings and also asked for public input regarding issues with the city's cable provider.

The city received "reams" of negative feedback from citizens, she said "It's everything from equipment, to service, to cost or the inability to understand how costs are set."

Council members also want to ensure that the local cable office be open some evening and weekend hours so customers can seek help. They also want to include an existing provision wherein the provider maintains a studio for public access television.

"We want to keep these terms in our current agreement," Gorton said. "For our citizens, we are working hard to get a good franchise agreement."

Back in Worcester, community leaders recognize their limitations:

Councilor-at-Large Frederick C. Rushton said there is no question there is a need for better cable television service in Worcester, but added that federal laws are unfortunately geared more in favor of cable companies than consumers. 

"We can make it sound like we are taking on the big boys, but in reality this will go nowhere," he said. "People want better service but I'm not sure the council floor is the way to get better service. We are just bit players in a big play. It may feel good to vote this, but it may very well end up having no effect." 

Community Broadband Media Roundup - October 17

This week, cities took the stage and made some very important moves to restore their local authority. From cities resisting big media mergers, to those choosing to join the new Next Century Cities initiative, it is a good time to be a part of municipal government efforts. 

Broadband Cities

Boulder, CO officials are looking ahead at their Longmont neighbor's gig network and exploring ways to make sure their own businesses are not left in the dust. Boulder’s chamber is pushing for an approval of ballot issue “2C”. Gavin Dahl of Boulder Weekly writes that the ballot question would open the way for the city to offer competitive gig services, helping the city keep existing businesses happy, and entice others to move in.

But according to Boulder News’, Erica Meltzer, opponents still seem to have their heads in the sand; The libertarian Independence Institute says if there was a market for fiber in the city, “some business” will find a way.  Maybe they think competitive, affordable Internet will just appear.

Meantime, Columbia, Missouri government officials may be facing an uphill battle. The city is exploring how to light its dark fiber infrastructure. Opponents say the plan goes against state restrictions on the city offering such services directly to customers. We believe the move would encourage competition among ISPs that would otherwise not be able to operate because of a lack of capital required to build fiber networks.

Cities choosing to keep ownership of their fiber infrastructures is often a sound decision, and North Kansas City, Missouri residents may soon be appreciating the city’s most recent announcement. In an effort to “give back” to residents, LiNKCity officials say that beginning in 2015 residential customers can get free Internet service. The decision is thanks to a unique partnership with a server farm company. 

From GovTech’s Colin Wood:

“I don’t think I’ve seen anything like this, in fact,” said Chris Mitchell, adding that he guesses DataShack intends to boost profits by gaining more local businesses as customers, and will do so by offering additional services like cloud-based storage -- services the city did not offer.”

Add Baltimore to the list of cities that are “fighting for fiber,” according to the Baltimore Sun’s Scott Dance. The Baltimore Broadband Coalition is working to convince citizens and city officials to explore municipal fiber. Harlem entrepreneurs are exploring how gigabit speeds can be a boon to businesses and startups, but also have a positive community impact:

"A lot of the broadband announcements were around wireless ... and that has a ways to go in terms of being effective…  it's important for the community to understand that broadband is essential to lowering crime, increasing education opportunities and closing the wealth gap."

Just outside of San Antonio, the community of New Braunfels, Texas is moving forward with a feasibility study. And not one but three Connecticut communities are taking broadband futures in their own hands. Mayors from New Haven, West Hartford, and Stamford are banding together to solve the state’s broadband problems. GovTech’s Colin Wood tapped Chris Mitchell for insight:

“I watch with a sort of nervous excitement. It’s exciting to see these cities working together and recognizing that they have a need. But I get nervous because I feel like they’re going to get responses to their RFQ, and the easiest thing to do will be for some ISPs to commit to only building out some areas of town. And I think that’s dangerous fundamentally.”

Next Century Cities

Solidarity and learning from city successes and challenges are core values of the newly launched Next Century Cities initiative. Mayors and city leaders from all over the country converged on Santa Monica, to support each other in their broadband efforts. From Sandy, Oregon to Morristown, Tennessee, 32 cities announced their commitment to six basic principles that will help lead communities to self-determination in their broadband endeavors.

Before heading to Santa Monica, one of the major voices for broadband, Chattanooga Mayor Andy Berke, spoke on a panel in Boston to urge cities to move forward independent of federal programs. Do yourself a favor and head to twitter, type #NCCLaunch and read the stream of comments. Then head to the initiative web page, watch the webcast, educate yourself and urge your city officials to take action.

Comcast/TWC Merger

Franchise agreements between cities and Time Warner Cable may be key to blocking Comcast and TWC’s proposed merger. More and more cities are standing up and demanding real choice in their communities; this week several stepped forward.

According to Ars Technica’s Jon Brodkin, city council leaders in Lexington, Kentucky say TWC’s refusal to address customer service complaints are the reason they are denying transfer of ownership. Consumer advocates like John Bergmayer hope others follow suit. 

"I suppose the broader question is whether a single municipality by itself can stop this merger. Maybe not, but it’s unlikely that any one town would be acting alone. If I were Comcast or Time Warner, I’d be looking nervously at my other franchise agreements in towns around the country, and at the states. Taken together these actions could imperil the merger—and might give the FCC [Federal Communications Commission] and DoJ [Department of Justice] even more incentive to act."

And city council leaders in Worcester, Massachusetts are attempting to block Comcast from entering the area this week as well, it seems “substandard customer service” is finally beginning to bite the company back. The Daily Dot’s Patrick Howell O’Neill has the story:

"It's a terrible company," City Councilor Gary Rosen said. "In my opinion, they should not be welcome in this city. Comcast is a wolf in wolf's clothing; it's that bad. They are awful, no doubt about it. Maybe we can't stop it, but that doesn't mean we shouldn't speak out."

Sign Up Early for A Gig in Longmont, Colorado

If you are in Longmont, you can sign up for gigabit service from LPC for only $49.95 per month. The Longmont Compass reports that customers who sign up within the first three months will retain that price point for an as yet undetermined extended period. AND, that price stays with the home if the customer sells, adding substantial value to the real estate.

The Compass also spoke with General Manager Tom Roiniotis about LPC's decision to offer Internet and voice but not video: 

“Cable TV is a dying industry. People want to get the TV that they want, not the TV that the cable companies force them to get.”

When pressed for an example, Roiniotis considered sports. If you want to watch an NFL game, why should you have to pay for two hundred channels you’ll never even tune into? There is a growing consensus that audiences don’t want to watch the movie that happens to be on Showtime right now, they want to choose when to start, when to pause, and what movie they’re interested in. As he put it, “The consumer is finally becoming king in the world of TV.”

“In five years, I can see Xfinity (the Comcast content delivery network) using our fiber-optic to deliver their content,” he says. “So instead of investing another $20M in the technology to deliver cable, we save that money and let the consumers drive the future of content delivery.”

LPC began construction on the expansion in August with completion scheduled for 2017. Last fall, voters passed a referendum to bond in order to speed up construction.

Letters to the editor from Longmont locals express impatience. They want better services! P.R. Lambert recently wrote:

It's really sad that the Longmont fiber optic Internet will take so long to be installed. From what I see, the two major competitors (Comcast and Century Link) seem to believe that customers are a bother.

One of those has pricing on their web page that they refuse to honor, while the other will not even try to be competitive.

The Compass shared this video to illustrate what lucky Longmonters have coming to them:

Video: 
See video

The Birth of Community Broadband - Video

ILSR is excited to announce a new short video examining an impressive municipal broadband network, Glasgow Kentucky. Glasgow was the first municipal broadband network and indeed, seems to have been the first citywide broadband system in the United States.

We partnered with the Media Working Group to produce this short documentary and we have the material to do much more, thanks to the hard work of Fred Johnson at MWG and the cooperation of many in Glasgow, particularly Billy Ray.

People who only recently became aware of the idea of community owned networks may not be familiar with Billy Ray, but it was he and Jim Baller throughout the 90's and early 2000's that paved the way for all the investment and excitement we see today. 

I'm excited to be helping to tell part of this story and look forward to being able to tell more of it.

Video: 

Comcast Named the Worst Company in America, Gets Yummy Cake

Not everyone hates Comcast. Antennas Direct.com, helping cable TV customers cut the cord, recently surprised the corporate behemoth with a congratulatory confection. To our delight, they shared some moments from the experience.

The Consumerist recently named Comcast the 2014 Worst Company in America. Based on customer comments in the video, clearly Comcast deserves this prestigious designation. Do we want this company controlling our most important communications tool? Let them eat cake.

Video: 
See video

Open Technology Institute Report Offers Overview of Public Broadband Options

Publication Date: 
May 6, 2014
Author(s): 
Ben Lennett, Open Technology Institute
Author(s): 
Patrick Lucey, Open Technology Institute
Author(s): 
Joanne Hovis, CTC Technology and Energy

The Open Technology Institute at the New America Foundation, along with ctc Technology and Energy, have released an overview of options for local governments that want to improve Internet access. The report is titled, "The Art of the Possible: An Overview of Public Broadband Options."

The paper has been released at an opportune time, more communities are now considering what investments they can make at the local level than ever. The Art of the Possible offers different models, from muni ownership and partnerships to coops. The paper examines different business models and assesses the risk of various approaches.

It also includes a technical section for the non-technical to explain the differences between different types of broadband technology.

From the introduction:

The one thing communities cannot do is sit on the sidelines. Even the process of evaluating whether a public network is appropriate can be beneficial to community leaders as a means to better understand the communications needs of their residents, businesses, and institutions and whether existing services and networks are keeping pace.

The purpose of this report is to enable communities to begin the evaluation of their broadband options. The report begins with an overview of different network ownership and governance models, followed by an overview of broadband technologies to help potential stakeholders understand the advantages and disadvantages of each technology. It then provides a brief summary of several different business models for publicly owned networks. The final two chapters focus on the potential larger local benefits and the risks of a publicly funded broadband project.

Wheeler Tells Cable Industry He Intends to Remove Anti-Competitive State Laws

FCC Chairman Tom Wheeler is prepared to roll back restrictions that prevent local governments from deciding if a municipal network would be a wise investment. At the Cable Show Industry conference in Los Angeles, Wheeler told cable industry leaders the FCC will wield its powers to reduce state barriers on municipal networks.

Wheeler spoke before the National Cable & Telecommunications Association (NCTA) on April 30. These words perked up our ears and those of community networks advocates across the U.S. From a transcript of Wheeler's speech

"One place where it may be possible is municipally owned or authorized broadband systems. I understand that the experience with community broadband is mixed, that there have been both successes and failures. But if municipal governments—the same ones that granted cable franchises—want to pursue it, they shouldn’t be inhibited by state laws. I have said before, that I believe the FCC has the power – and I intend to exercise that power – to preempt state laws that ban competition from community broadband."

As our readers remember, a January DC Circuit Court of Appeals decision opened the path for the FCC to take the action Wheeler proposes. Since then, communities have expressed their desire for local authority with resolutions and letters of support. Communities in Michigan and Louisiana, Georgia and Idaho, Illinois, Maryland and Kansas, have shared their resolutions with us. A number of other communities have issued letters of support encouraging action under section 706.

Ars Technica contacted the FCC for more information on Chairman Wheeler's statements. Ars reported:

An FCC spokesperson contacted by Ars said that Wheeler "is not trying to make a distinction between 'ban' or 'limit.' The point is to look at the effect of the law."

The spokesperson said, "We will be taking up this issue in the technology transitions proceedings, and there should be an announcement about this in the next few weeks." It's too early to say "how [Wheeler] will address existing state laws."

As the big companies like Comcast consolidate, enforce bandwidth caps and continuously raise prices, municipal networks are more important than ever. Community owned networks are accountable to the people who use them and put the public good ahead of profit. Community networks are managed in your neighborhood, not in a corner office thousands of miles away.

The content of Wheeler's statement and his choice of venue inspires advocates for publicly owned networks. In order to keep a strong momentum rolling, we encourage you to express your support. The cable and telecommunications lobbyists are already working to prevent the FCC from taking action. When the FCC begins to act, we will want to demonstrate support.

Join our one-email-per-week newsletter to stay in the loop on these developments! If you are excited to demonstrate local support via a resolution or similar effort, let us know.

No Scale Advantage in Netflix Speed Ranking

Netflix has continued to publish monthly rankings of ISPs average speed in delivering Netflix video content to subscribers. Though they first published data about the largest, national ISPs like Comcast, AT&T, and the link, they have an expanded list with many more ISPs.

I recognize two municipal networks on the expanded list of 60 ISPs. For March 2014, the Chattanooga EPB network is ranked 4th and CDE Lightband of Clarksville, Tennessee, is ranked 7th.

With the exception of Google Fiber and Cablevision, the top 10 are regional or somewhat smaller ISPs. Combined with the significant spread across the rankings of the biggest ISP, we see no empirical evidence for any kind of benefits to subscribers from scale. That is to say, Netflix data shows that bigger ISPs do not deliver better customer experience.

We do see more evidence that fiber networks deliver faster speeds on average, with cable following, and DSL trailing distantly. This is why DSL networks are losing customers where people have a choice and cable is gaining (most often where there is no fiber option).

Any claims by Comcast that allowing it to merge with Time Warner Cable would result in better service should be subject to extreme skepticism. Many much smaller networks deliver faster connections and raise rates far less often that Comcast, which is at the high end of frequency in rate hikes.

The problem with the biggest companies is that they focus on generating the highest returns for Wall Street, not delivering the best experience to Main Street.