state laws

Content tagged with "state laws"

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State Preemption: A Conversation With Chris And Lisa

As bills in Virginia and Missouri state legislatures are up for review this year, take a few minutes to listen to Christopher Mitchell and Lisa Gonzalez discuss state preemption, past, present, and future in episode 10 of the Building Local Power podcast

John Farrell from the Institute for Local Self-Reliance talks to them about the power of lobbying at the state level and how large national providers aim to control the market by using state laws. We’ve seen it happen in about 20 states and now local authority advocates are fighting to prevent HB 2108 ("Byron’s Bad Broadband Bill") in Virginia and a repeat of last year’s battle in Missouri with SB 186. If those state restrictions are allowed to become law, better connectivity for rural communities will be even more difficult to achieve because municipal networks will be all but stamped out. 

“These big cable and telephone companies are against competition,” says Chris Mitchell. “For them, they’ve grown up in monopoly environments. They are opposed to private-sector competition and public-sector competition.”

During the interview, Christopher and Lisa share examples of cost savings, economic development, and improved quality of life in communities where the big providers could not justify investment. Learn more about the who, what, and why companies like AT&T, Comcast, and CenturyLink spend millions on lobbying efforts in state capitols.

Building Local Power Podcast

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This is episode 10 of the Building Local Power podcast, a series that shares the work of staff at the Institute and focuses on local initiatives. With the current state of affairs so uncertain at the federal level, taking action in your own community is more important than ever. New episodes air every other week.

HB 2108 Hearing Postponed Until Feb. 2nd

Governor Terry McAuliffe is one of a many voices that are speaking out against Del. Kathy Byron’s Bad Broadband Bill, reports the Roanoke Times. According to a spokesman for the Governor, the original text of the bill would have faced certain veto.

The bill was on the January 26th agenda for the House Labor and Commerce Committee, but Del. Byron chose not to present it after all. Instead, it will be on the February 2nd agenda.

The bill was altered before today’s hearing, but the changes still don’t make it worth passing. As it was before, HB 2108 remains the latest big telephone and cable lobbyists' attempt to restrict municipalities from exercising their own local authority. The purpose is to body-block any current or future competition from publicly owned networks and stop public-private partnerships. They want to maintain existing monopolies. 

Governor McAuliffe recognized it and his staffer Brian Coy told the Times via email:

“The Governor is working hard to expand access to broadband Internet across the Commonwealth,” Coy wrote. “That goal requires fostering competition, not stifling it.”

McAuliffe echoed the sentiments of a long list of experts, private companies, and associations who joined together and drafted a letter to the Chair and Members of the Committee. In the letter, they explained why HB 2108 would harm Virginia’s efforts to improve access to fast, affordable, reliable connectivity, especially in the rural areas.

Even those staunch free-market advocates are poo-pooing HB 2108. The Daily Yonder quoted conservative blogger Susan Sili about the bill:

“This is completely frustrating from a local perspective where we have spent years trying to convince citizens in Caroline [County] to vote for less government and free enterprise in a blue county. This kind of U-turn from our creed certainly isn’t helping.”

HB 2108 Up For Committee Hearing Jan. 26th in VA House

On January 26th, one half hour after the House adjourns, the Virginia House Commerce and Labor Committee will hear HB 2108, known around our office as “Byron’s Bad Broadband Bill.” We encourage you to contact members of the committee to let them know that the bill is not good for bringing better connectivity to Virginia, especially in rural areas. It’s another piece of legislation written by big cable and telco lobbyists aimed at blocking competition.

If you live in Virginia or one of the Delegates on the Committee represents your district, be sure to mention that you vote. 

Members of the House Commerce and Labor Committee and their contact information are listed on the Committee website. They provide email and phone numbers all in one place.

This Bill...Not Our Kind Of Bill

As we noted when we first reported on the bill, Byron is Vice-Chair of this committee. We’ve also reflected on her position as Chair of the Virginia Broadband Advisory Council and why on earth she would introduce bills that are counter productive to the mission of the Council - to offer advice and solutions aimed at improving broadband access across the state. The chemistry between the citizen members of the Council and the Legislative members assigned to the committee call into question the reasoning behind the content of HB 2108. Phil Dampier recently wrote a compelling article on the situation in Stop the Cap.

Keep It Simple

Byron's Conflicts In VA: How Deep Do They Go?

Conflicts of interest have been front and center in federal politics this election cycle, but there is another place where we see a grey cloud of impropriety: the Virginia General Assembly. More specifically, above the head of Republican Delegate Kathy Byron, who last week introduced HB 2108, the “Broadband Deployment Act.” 

Policy Payola?

We noticed Byron is inclined to accept sizable campaign donations from big cable and DSL corporate friends, but Phil Dampier’s excellent article on Stop the Cap! took a deeper look at her dubious connections. Tracing campaign dollars from state legislators who sponsor these bills back to companies like Verizon ($36,100 for Byron), Comcast ($3,000), AT&T ($9,250), and CenturyLink ($3,500) is no surprise. Finding similar connections to their state lobbying groups such as the Virginia Cable Telecommunications Association is also typical (a generous $15,000). For people like Dampier and us, it's kind of par for the course.

Campaign contributions call into question a legislators motivations but Byron has other connections that her constituents, colleagues in the General Assembly, and other Virginians need to examine as they consider HB 2108 and her role as a policy maker in state government:

From Stop the Cap!:

Since 2008, Stop the Cap! has reviewed industry-sponsored municipal broadband ban bills, and none to date have illustrated the level of conflict of interest we see here. We call on Virginian officials to carefully investigate the ties Ms. Byron has to cable and phone companies and the ethical concerns raised from her involvement in key state bodies that can make or break rural broadband in Virginia. Byron increasingly exposes an agenda favoring incumbent phone and cable companies that just happen to contribute to her campaign — companies she seems willing to protect at any cost.

Virginia Communities Reject State Preemption Bill

Last week, Virginia State Delegate Kathy Byron introduced a bill that, if passed, will cripple attempts for municipalities to improve local connectivity. HB 2108, the “Virginia Broadband Deployment Act, imposes specific requirements on municipal networks that would greatly limit whether communities could offer Internet access or work with private sector partners.

The City of Roanoke and Franklin County wasted no time in unanimously passing resolutions to oppose the Virginia bill.

Franklin County Formally Opposes HB 2108

The Franklin County Board of Supervisors swiftly drafted their resolution in order to take it to the press conference in Richmond the next day. Reprinted below is the text of the Franklin County Resolution: 

WHEREAS, broadband access and reliability are essential to citizens, businesses, and non-profits in Franklin County; and

WHEREAS, citizens, businesses, and non-profits desire faster and more reliable broadband speeds; and

WHEREAS, areas of Franklin County lack broadband access; and

WHEREAS, we seek to maximize County policy and funding options to improve broadband access and reliability; and

WHEREAS, Franklin County seeks to protect the proprietary information of local businesses;

NOW BE IT THEREFORE RESOLVED, we the Franklin County Board of Supervisors do hereby formally oppose House Bill 2108, the Virginia Broadband Deployment Act.

City of Roanoke: "We Say No Way"

The City of Roanoke Council unanimously passed a similar resolution condemning the bill. Several council members specifically discussed the impact of such legislation on the new Roanoke Valley Network and on their community’s Internet access.

Local, National Media Eyes On HB 2108 In VA Legislature

When Delegate Kathy Byron introduced HB 2108, cheekily titled the “Broadband Deployment Act,” she might have not have expected so much attention from local and national reporters. Local media outlets, especially in areas directly threatened by the bill, are alerting constituents about threats to improve local connectivity. National news is also covering the story, describing how Virginia communities that can't get high-quality connectivity from national providers could fall victim to big cable and DSL lobbyists if HB 2108 passes. Constituents are taking notice, but the legislative session is just getting started in Virginia.

Local Media Reaching Local Constituents

The Roanoke Valley is especially vulnerable to the perils of HB 2108. After a contentious process, the Roanoke Valley Broadband Authority (RVBA) completed an open access fiber-optic network to meet the needs of local businesses, schools and libraries, and other facilities. Byron’s bill would make it practically impossible for the RVBA to expand to nearby counties by preventing them from obtaining high-quality connectivity and the benefits that accompany it. Without the ability to serve more customers, the RVBA faces a tenuous future. Smith told WSLS TV 10:

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“It hurts the area. It hurts us as the Roanoke Valley Broadband Authority, but more importantly it hurts across the Commonwealth of Virginia, its ability to be able to serve and use technology to serve economic development,” said Frank Smith.

The Roanoke Times quickly reported on the bill when Byron introduced it, noting that it would stifle the RVBA’s attempts to encourage competition, an economic development driver:

Moving Forward, Remember Past Local Government Resolutions

We have already seen Virginia and Missouri take up legislation to preempt local control and deter municipal networks. Although bearing innocuous names such as the “Virginia Broadband Deployment Act,” these bills stifle competition instead of empowering communities. 

Local governments, however, have often stepped forward to champion municipal networks and push back against state preemption bills. We’ve collected several over the years. Let these excerpts of resolutions from years past inspire you throughout the rest of 2017:

2011 - Chapel Hill, North Carolina: “WHEREAS, historically it was government that funded much of the current corporate telecommunications infrastructure in the United States and government paid for and developed the Internet on which these providers depend for their profit…” (Read more here.)

2013 - Alpharetta, Georgia: “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...” (Read more here.

2014 - The Louisiana Municipal Association: “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...” (Read more here.)

Many other cities have also passed resolutions opposing state legislation and encouraging local control, including:

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Press Kit On VA Bill: Information At Your Fingertips

Proponents of better connectivity in Virginia are setting off alarms about HB 2108, a bill that will effectively bar municipal networks and prevent local communities from working with private sector partners. In order to educate the public about the miseries this bill will present, Friends of Municipal Broadband developed a press kit with materials to help spread the word.

At a January 18th morning press conference, the grassroots group consisting of local community leaders, citizens who want to control their own broadband decisions, and members of the private sector who are concerned about partnering with local communities, handed out the information.

The kit contains:

Rally In Richmond Wednesday To Oppose HB 2108

Folks in rural Virginia who dream about better connectivity woke up this legislative session to a pending Internet access nightmare - and they’re not going to just lie there and take it. 

Delegate Kathy Byron (R-Campbell County) and her bill HB 2108 are the cause of consternation among people in Virginia who support the municipal network option. As we reported last week, the bill would have serious impact on the ability for local governments to pick up the slack left by national Internet Service Providers. Passage would make it all nearly impossible for local governments to provide better connectivity to their communities.

Taking It To Richmond

In order to bring awareness to the potential harm of HB 2108, people negatively impacted if it passes plan to rally in Richmond to make their voices heard. The grassroots group, Friends of Municipal Broadband will livestream the event on their Facebook page. The rally will happen Wednesday, Jan. 18, at 9:30 a.m. EST.

According to the announcement, people are gathering at the House Briefing Room at the Virginia Legislative Office Building, 1000 Bank Street in Richmond. They ask participants to use the entrance on 10th and Bank Streets and give themselves extra time for security checks.

Get Informed

Friends of Municipal Broadband have created a petition and are encouraging Virginians to call Delegate Byron to express their displeasure about HB 2108 at (434) 582-1592. You can also check out the Friends of Municipal Broadband website for more on the event and resources about the bill.

You can also arm yourself with information about munis in Virginia by downloading our fact sheet on the benefits of municipal networks in Virginia. As always, we want you to share the fact sheet far and wide to help others make informed decisions.

Colorado Considers Bill To Repeal Restrictions

As legislators in Virginia and Missouri consider bills attacking municipal networks, two Colorado legislators have introduced a bill to repeal its restrictive state law.

Take It Away

Democratic Senators Kerry Donovan and Lucia Guzman’s bill, SB 42, calls for “the repeal of existing restrictions on the ability of a local government to provide certain electronic communications services.” The bill is now in the Senate Business, Labor, and Technology Committee.

The bill would eliminate the need for local communities to hold expensive referendums to ask voters to opt out of SB 152, a bill passed in 2005 and lobbied heavily by national providers. When SB 152 passed, it effectively stole local authority from local communities who wanted to decide for themselves whether or not they wanted to invest in local Internet infrastructure. By opting out, communities reclaim local telecommunications authority. 

The Sponsors

Donovan represents several counties that have already opted out of SB 152, such as Pitkin, Gunnison and Eagle, in addition to several others that are still under the control of the law. Guzman is the Senate Minority Leader and represents Denver County, which has not yet addressed the opt out question. Together they represent bother urban and rural regions.

Voters Want Out