state laws

Content tagged with "state laws"

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Roundup of Coverage of Georgia Bill to Slow Telecom Investment

In just a few days, we have seen many articles discussing how unwise and dangerous HB 282 is for the future of economic development in Georgia. This bill will revoke local authority to decide for themselves if any public investment in telecommunications is a wise choice. We already noted coverage from DSL Reports, Free Press, and Stop the Cap. Here are some others. CivSource, a news source for civic leaders, quickly wrote about the bill, placing it in national context.
Municipal broadband has been under steady attack nationwide by incumbent broadband providers like Comcast, AT&T, and Verizon. They contend that networks built by cities and counties that also offer subscription options for residents amount to unfair competition. They won this fight in North and South Carolina, but, following more coverage of the issue, fights in Minnesota, Wisconsin, and Georgia have been harder to win.
Ars Technica's Timothy Lee also covered the bill, including common pro and con arguments. But he gets something that many other reporters don't notice,
Moreover, limiting which parts of town a municipal fiber network can serve might make it impossible for that town to cost-effectively reach under-served sections with broadband service. It's often more cost-effective to deploy fiber to an entire town than to deploy fiber selectively to only certain parts of town. The neighborhoods being served by an incumbent are likely to be the wealthiest and densest parts of town.

Georgia Anti-Internet Bill Hearing Rescheduled for Next Week

In the 30 hours since we learned of a bill in Georgia to revoke local authority to decide for themselves if a broadband network is a wise investment, we have seen a big response! Some of that is detailed below, but what matters for now is that HB 282 was bumped from today to next week. The committee roster is here, please keep spreading the word and making phone calls. If you have contacts in Georgia that want more detail, send them our way. The Georgia Municipal Association Blog quickly explained why this bill limits the ability of towns to attract jobs to their communities.
The fundamental question is rather simple, does Georgia want local leaders to determine the economic and investment strategies for their communities or do we want those decisions to be made solely on the business plan of companies based outside of the state?
And they go on to quote the former City Manager of Adel:
After much deliberation and public demand, the City of Adel launched our wireless internet system, Southlink, in 2003. There were NO INCUMBENT, HIGH-SPEED PROVIDERS at that time with no indication of interest by anyone. The City of Adel did what no investor-owned company would consider, yet the citizens and businesses in Adel deserved the service just as much as those citizens of Atlanta, Macon, Augusta or Savannah. The business plan worked and we gained customers. Within four years of our launch, both Alltel and Mediacom launched true high-speed service to the area. With our original intent served, we then dismantled the wireless system in 2009 and 2010 and the citizens had service options. We did not launch the service to compete with incumbent providers and we gave them every chance to provide the service. Did our positive action create the impetus for other providers to bring in their service?

Op-Ed: NC In Bottom of Broadband Barrel

Common Cause's Todd O'Boyle and myself have just published an opinion piece in the North Carolina News & Observer to highlight the foolishness of the General Assembly revoking local authority to build broadband networks. Todd and I teamed up for a case study of North Carolina's most impressive fiber network, Greenlight, owned by the city of Wilson and then turned our attention to how Time Warner Cable turned around to lobby the state to take that right away from communities. That report, The Empire Lobbies Back, was released earlier this month. An excerpt from our Op-Ed:
The Tar Heel economy is continuing its transition from tobacco and textiles to high technology. Internet startups populate the Research Triangle, and Charlotte’s financial services economy depends on high-quality data connections. Truly, next-generation Internet connections are crucial to the state. It is deeply disturbing that the Federal Communications Commission ranks North Carolina at the bottom nationally – tied with Mississippi – in the percentage of households subscribing to a “basic broadband” connection. The residents and businesses of nearly every other state have superior connections.
Read the whole thing here.

Susan Crawford's Captive Audience Book Reviewed

I quickly read the just-released Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, and came away quite excited by Susan Crawford's new book. Susan Crawford has been supportive of community owned networks and a loud voice against the poor policies that have allowed a few massive cable and telephone companies to monopolize our telecommunications. Her new book is a good resource for those just getting interested in this issue. After the book was released last week, Susan Crawford appeared on the Diane Rehm show -- an excellent 50 minute interview that comes highly recommended. Be aware that the cable/telephone industry is engaging in character assassination to prevent Susan's message from reverberating around the country. The book led to Sam Gustin's article in Time, "Is Broadband Internet Access a Public Utility?"
State and local laws that make it difficult — if not impossible — for new competition to emerge in broadband markets should be reformed, according to Crawford. For example, many states make it very difficult for municipalities to create public wireless networks, thanks to decades of state-level lobbying by the industry giants. In order to help local governments upgrade their communications grids, Crawford is calling for an infrastructure bank to help cities obtain affordable financing to help build high-speed fiber networks for their citizens. Finally, U.S. regulators should apply real oversight to the broadband industry to ensure that these market behemoths abide by open Internet principles and don’t price gouge consumers.
Art Brodsky also reviewed the book on the Huffington Post. He leads with a reminder of the damage done by the NFL's replacement refs, an apt comparison given how poorly the FCC and Congress have protected the public. Susan will be our guest for the Community Broadband Bits Podcast (episode 29) on Tuesday, Jan 15, and I will be offering periodic thoughts on passages from the book in coming days/weeks.

The Empire Lobbies Back: How National Cable and DSL Companies Banned The Competition in North Carolina

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In late 2006, Wilson, North Carolina, voted to build a Fiber-­‐to-­‐the-­‐Home network. Wilson’s decision came after attempts to work with Time Warner Cable and EMBARQ (now CenturyLink) to improve local connectivity failed.

Wilson’s decision and resulting network was recently examined in a case study by Todd O’Boyle of Common Cause and ILSR's Christopher Mitchell titled Carolina’s Connected Community: Wilson Gives Greenlight to Fast Internet. This new report picks up with Wilson’s legacy: an intense multiyear lobbying campaign by Time Warner Cable, AT&T, CenturyLink, and others to bar communities from building their own networks. The report examines how millions of political dollars bought restrictions in the state that will propagate private monopolies rather than serve North Carolinians.

Download the new report here: The Empire Lobbies Back: How National Cable and DSL Companies Banned The Competition in North Carolina

These companies can and do try year after year to create barriers to community-­‐owned networks. They only have to succeed once; because of their lobbying power, they have near limitless power to stop future bills that would restore local authority. Unfortunately, success means more obstacles and less economic development for residents and businesses in North Carolina and other places where broadband accessibility is tragically low.

It certainly makes sense for these big companies to want to limit local authority to build next-­‐generation networks. What remains puzzling is why any state legislature would want to limit the ability of a community to build a network to improve educational outcomes, create new jobs, and give both residents and businesses more choices for an essential service. This decision should be made by those that have to feel the consequences—for better and for worse.

This story was originally posted on the ILSR website.

 

Charter Losing Money, Cuts Customer Support

A Stop the Cap! story about Charter cutting customer service positions makes a point we make too rarely. Not that customer service from the national cable and telephone companies is terrible and getting worse, but that some are constantly struggling to make a profit.
Investors don’t think too highly of the company either. Charter reported a wider third-quarter loss in November, losing $87 million compared with $85 million lost during the same quarter last year. Executives tell Wall Street the company was in chaos before new management under Tom Rutledge took over operations. Rutledge’s priorities are to invest in new set top boxes, convert more of its systems to digital, raise prices on services, cut back on promotions and retention offers, and centralize customer support operations.
Imagine that! When communities have to make investments and suffer losses, they are accused of failing. Charter is losing money (and recently emerged from a bankruptcy proceeding) and trying to make changes to correct its condition. This is what happens to many firms in telecommunications. Only when it happens to those that are owned by communities, they are besieged with claims that such a situation is somehow proof that the public cannot own and operate networks. Note that others, like Comcast, are actually lauded by Wall Street for operating in areas with so little competition that they can increase their rates at will -- hard not to make a profit in that case. Which is precisely why existing cable and DSL companies push laws to restrict local authority to build better networks.

Ohio Legislation Threatens Rural Landline Phone Service

Once again, consumers must fight to preserve their landline telephone service. This time, the Ohio General Assembly is pondering legislation that can end traditional service for up to 1 million Ohio residents.

Our readers know about the efforts of ALEC and AT&T to drastically reduce their obligation to provide landlines across the country. Up to now, telephone companies were required to serve everyone, but those requirements are under attack, state by state. Bills have emerged in Mississippi, Kentucky, New Jersey and California.

The very real fear is that Ohio's Senate Bill 271 (SB271) will increase telephone prices, reduce service quality, and cause many to lose access to reliable 911 service. Many of those who still depend on landlines, include senior citizens. From an article on the Public New Service:

AARP Ohio State Director Bill Sundermeyer says, besides preserving social contact, land-line phones are needed to protect seniors' health and safety. For instance, some seniors use the phone line to transmit routine health information from equipment in their home to their doctor's office, he says.

"They can make an evaluation of a person's heart and how's it working, of their lungs, etc. That information would be very difficult to transmit over a cell phone."

(on a personal note, I can attest to this….my father routinely uses his landline telephone to send data to the clinic about his pacemaker to make sure it is functioning correctly)

The Office of the Ohio Consumers' Counsel (OCC) also expresses concern with the bill because it would allow telephone companies to stop providing local service in places labeled as "fully competitive." In the SB271 Fact Sheet (read the PDF, which offers a map of the qualifying areas), the OCC explains the problem with this definition:

Ohio Consume Council seal

National Association of Counties Covers South Carolina Laws to Restrict Community Broadband

The National Association of Counties (NACo) gave us permission to reprint an article they recently wrote in their County News publication. NACo advocates for county governments on federal policy that impacts local decsion and local control. NACo is based in Washington, D.C.

In the article, author Charles Taylor discusses the perils of Oconee and Orangeburg Counties in South Carolina, both involved in broadband projects supported by stimulus funds. Because of a new law passed this past summer, those projects are in danger and the possibility of future projects is all but extinguished.

Rural counties' broadband projects face uncertainty

The success of two South Carolina counties’ plans to provide broadband access to rural areas could be in jeopardy because of a new state law that severely restricts public broadband projects. It also essentially bans new ones.

Oconee and Orangeburg counties received more than $27 million in federal stimulus funds in 2010 for rural broadband projects.

A South Carolina law, enacted in July, requires local governments that offer broadband Internet services to charge rates similar to those of private companies, even if the government could provide the service at a lower cost and the area is not served by commercial providers.

“It effectively prohibits municipalities from operating their own broadband systems through a series of regulatory and reporting requirements,” said Catharine Rice, president of the SouthEast Association of Telecommunications Officers and Advisors (SEATOA). “These practically guarantee municipalities could never find financing because the requirements would render even a private sector broadband company inoperable.”

New Book Investigates How Big Companies Like AT&T Rip Us Off

A  recent book by David Cay Johnston, The Fine Print, examines specifically how big companies have found ways to take advantage of the tax and regulatory systems to their benefit and to the detriment of consumers. The sad part - we don't even realize it.

Johnston discusses how big companies and their leaders exploit tax rules to re-distribute wealth upwards. Johnston also examines how this exploitation is almost never covered in the media, encouraging big companies to stoop to new lows in ripping off consumers. Telecommunications is one of the industries he covers in the new book.

In the first chapter (read the first chapter via Democracy Now!), Johnston describes how friend and journalist, Bruce Kushnick, came across twenty years' worth of telephone bills in his elderly aunt's possessions. Kushnick tracked the changes in her bills, systematically reviewing and comparing every charge. Kushnick found an array of confusing and cryptic "fees," "charges," and "taxes." The end result:

When he cross-checked his aunt’s telephone bills over the years, he could hardly believe the numbers. His aunt paid $9.51 for her local phone service in 1984. By 2003 her bill had swollen fourfold to $38.90. In the two decades since the breakup of the AT&T monopoly, even after adjusting for inflation, his aunt’s telephone cost $2.30 for each dollar paid in 1984. And that was without any charges for long-distance calls.

Johnston notes the method used by telecoms to increase prices over time:

Humboldt County Requests Veto of California ALEC Bill

The California Legislature recently passed SB 1161 (dubbed "California's Worst Telecom Bill Ever") and the bill is on the Governor's desk. Utility reform group, TURN, and the New America Foundation are two groups that have opposed this ALEC supported bill from the start. We reported on it in June and shared with you how it will negatively impact the ability for local communities to invest in broadband.

The Humboldt County Board of Supervisors sent a letter to Governor Brown formally opposing the legislation and asking for a veto. According to the an Access Humboldt press release:

In a letter yesterday (August 28, 2012), the Humboldt County Board of Supervisors requested Governor Brown to veto SB 1161, noting: "SB 1161 weakens open Internet protections and subverts long held State policy 'To continue our universal service commitment...' Why abandon our commitment to least served people and places?"

The Board officially expressed their opposition to the bill in May, noting that holes in the legislation ignored public safety, privacy, and consumer protection issues. No amendments were adopted to address those concerns.

You can view a PDF of the veto request here. We encourage you to take an active part in helping stop this legislation by contacting Governor Jerry Brown directly.

You can also read Susan Crawford's take on it and similar efforts in other states.