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Join Christopher on Reddit: Ask Him Anything Feb. 26th, 6 - 7 p.m. EST

This event was cancelled when Reddit chose not to list it on the calendar. We will be happy to do an AMA if there is sufficient interest in the future.

On February 26th, from 6 - 7 p.m. EST, join Chris on Reddit for an Ask Me Anything forum. We encourage you to chat in with your questions. He is ready to answer all your inquiries about municipal networks, community broadband, and the FCC action expected that day.

As our readers know, the FCC anticipates rendering a vote on Docket 14-28, Protecting and Promoting the Open Internet. First on the agenda, however, will be the Chattanooga and Wilson petitions. If the Commission decides in favor of allowing these cities to expand despite Tennessee and North Carolina barriers, as Chairman Tom Wheeler has advocated, state barriers prohibiting or discouraging local telecommunications authority may be on the way out.

Chris will have front row seat at the FCC proceedings, so get your questions ready! We will update this post with the link to our AMA when it is ready. In the meantime, start thinking up questions!

USA Today Leadership Latest to Support Munis

USA Today recently joined the growing list of national press to publicly support local telecommunications authority. In its February 16th opinion piece, the Editorial Board commented on the proposed rule being considered by the FCC that would allow local communities to chart their own course with no preemption from state legislatures:

The FCC should stand up to the broadband lobby and approve the rule. The laws in question have not been passed in the name of limited government but rather in the name of limiting competition.

USA Today recognizes that many of the communities that invest in infrastructure do so out of necessity when they cannot draw the interest of the big players that fight to limit their ability to make those investments. Whether or not a community decides to deploy a muni should always be left up to the people who live there, argues the Editorial Board:

The question, however, is not whether these systems are good, but whether they should be quashed by acts of legislatures. The answer is no.

Municipal Networks and Small ISP Partners to FCC: Title II Not a Problem

A group of municipal leaders and their private sector small ISP partners submitted an ex parte filing with the FCC today stating that they see no reason to fear Title II reclassification of Internet access. The statement, signed by a variety of towns and providers from different areas of the country is reproduced in full:

Dear Chairman Wheeler,

As a group of local governments and small ISPs that have been working to expand the highest quality Internet access to our communities, we commend you for your efforts to improve Internet access across the country. We are committed to a free and open Internet without blocking, throttling, or discriminating by ISPs.

As local governments and small ISPs, we wanted to ensure you are aware that not all local governments and ISPs think alike on matters like reclassification. For instance, on July 18, 2014, the mayors of New York City; Portland, Oregon; and San Francisco called on you to issue the strongest possible rules to guarantee Net Neutrality. Each of these communities is also taking steps to expand and improve high quality Internet access to their businesses and residents.

Our approaches vary but are already resulting in the highest level of service available because we are committed to expanding high quality Internet access to supercharge local economies and improve quality of life. We have no interest in simply replicating older triple play model approaches. We want to build the infrastructure of the future and we see nothing in the proposed Title II reclassification of Internet access that would hinder our ability to do that. As Sonic CEO Dane Jasper has strongly argued, ISPs that don’t want to interfere with their subscribers’ traffic should expect a light regulatory touch.

We thank you for your leadership during this difficult period of transition. We understand that many of our colleagues have trouble trusting the FCC given a history that has, in many cases, ignored the challenges small entities face in this industry. But whether it has been increasing the speed definition of broadband, or calling for the removal of barriers to community networks, we have been impressed with your willingness to take on powerful interest groups to ensure the Internet remains a vibrant, open platform.

We look forward to working with you to ensure that future rules recognize the unique challenges of small providers and innovative approaches to expanding access.

Sincerely,

Answering Questions About Title II and Munis - Community Broadband Bits Episode 138

As we near the FCC open meeting at the end of next week, when it will decide on both the Chattanooga and Wilson petitions regarding their wish to expand as well as a proposal to reclassify Internet access a Title II service in order to ensure it can maintain the same open Internet we have long loved. 

We have mostly focused on the muni petitions, but after hearing some concerns from some munis regarding Title II, we realized we have to delve into the Title II reclassification more deeply. Enter Chris Lewis, VP of Government of Affairs for Public Knowledge. I've always enjoyed talking with Chris on various issues around telecom policy and we asked him to come on and answer some of the questions we have heard. 

We talk about the prospects of rate regulation, unbundling, transparency requirements, and the process for filing complaints until Title II. Overall, our conclusion is that the rules as we understand them, are quite reasonable and should not pose a problem to munis that are already committed to providing a high quality service. You can read a Fact Sheet about the proposed rules here

This show is 22 minutes long and can be played on this page or via Apple Podcasts or the tool of your choice using this feed.

Transcript below.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes here or view all episodes in our index. See other podcasts from the Institute for Local Self-Reliance here.

Thanks to Persson for the music, licensed using Creative Commons. The song is "Blues walk."

38 Next Century Cities Leaders Sign Letter to FCC Supporting Local Authority

President Obama suggested restoring local telecommunications authority while visiting Cedar Falls in January and a number of local elected officials were ready to back him up. Leaders from 38 members of Next Century Cities recently submitted a public letter to the FCC urging commissioners to consider local autonomy as they consider the Chattanooga and Wilson, North Carolina, petitions.

Last summer, both communities filed with the FCC seeking relief from restrictive state laws that prevent their broadband utilities from serving surrounding communities. FCC Chairman Wheeler has spoken in support of local authority more than once. Next Century Cities, a coalition of communities that was formed specifically to advance better connectivity, writes:

We write only to urge that, as you consider these petitions, you take proper account of the importance of local choice and autonomy. The benefits of high-quality broadband are now beyond dispute: these projects have stimulated local innovation and economic development, enhanced education, improved government services, and opened new worlds of opportunity to communities and citizens. It is our hope that federal policy will support the realization of these outcomes in our communities and in towns and cities across the country, by empowering every community to meet the needs of their residents.

You can read the full letter [PDF] online to see if your elected officials signed on.

The FCC's decision on the petitions is expected in February.

Comcast Ghostwrites Letters From Elected Officials to FCC

It is common knowledge that Comcast and a number of political leaders enjoy special relationships. Nevertheless, it was still a bit shocking to see the level at which Comcast's army has infiltrated the political process as uncovered in a recent Verge article.

Comcast, Time Warner Cable, AT&T, and CenturyLink lawyers and lobbyists often write legislation for lawmakers to introduce. This past summer, the puppetry went one step further when Comcast crafted letters supporting the Comcast/Time Warner Cable merger. Those letters were then submitted to the FCC from the offices of a number of politicians known to receive support from the cable giant. We applaud both Comcast and their pet lawmakers for their efficiency!

The Verge was also able to obtain email threads that document how lobbyists drafted letters of support and sent them on to local elected officials, who then made insignificant changes in the signature line or transferred the exact language on to official stationery before sending it on to the FCC.

We have taken the liberty of presenting some of the letters below. You can see a few email exchanges that detail the conversation between Comcast lobbyists and political staff.

The Verge spoke with Michal Copps, former FCC Chairman, who now advises at Common Cause:

"When a mayor of a town or a town councilman or a legislator writes in — we look at that, and if someone is of a mind already to approve something like this they might say: ‘ah-ha, see!’" says Copps, who is now an advisor at Common Cause and opposes the merger. "These letters can be consequential, there’s no question about that."

The comment process has been tainted because Comcast has also used gentle nudging to obtain support from organizations benefitting from its charitable foundation. Columbia Professor Tim Wu has studied the potential merger:

"I think they have failed to meet their burden of persuasion that this will make life better for the average American consumer…What does the average American consumer care about? They care about prices being too high. Comcast could have said this merger will lower prices and committed itself to lower prices but it has made no sign that it will do this." 

Supporters Rally Behind Wheeler, Chattanooga, and Wilson: "I Recommend Approval"

FCC Chairman Tom Wheeler released a statement yesterday supporting the concept of local authority for community broadband infrastructure. Chattanooga and Wilson filed petitions to scale back state restrictions last summer. In his statement, Wheeler officially recommended the Commission approve the petitions. If approved, the petitions have the potential to liberate local communities from state restrictions. 

Along with a number of other organizations that advocate local authority, the Institute for Local Self-Reliance supports Chairman Wheeler who said:

Communities across the nation know that access to robust broadband is key to their economic future – and the future of their citizens. Many communities have found that existing private-sector broadband deployment or investment fails to meet their needs. They should be able to make their own decisions about building the networks they need to thrive. After looking carefully at petitions by two community broadband providers asking the FCC to pre-empt provisions of state laws preventing expansion of their very successful networks, I recommend approval by the Commission so that these two forward-thinking cities can serve the many citizens clamoring for a better broadband future.

Chris Mitchell, Director of the Community Broadband Networks Initiative at ILSR.org and the editor of MuniNetworks.org said:

The Chairman's statement is a breath of fresh air. This approach will allow communities with little or no choice in providers to take control of their own connectivity. When local communities have the authority to invest in publicly owned infrastrucuture without state barriers, more businesses and residents have fast, affordable, reliable Internet access. Even just the possibility of a community network can incent large scale providers to improve their services. We are pleased to see Chairman Wheeler both talk the talk and walk the walk of restoring local decision-making authority.

A statement of support quickly followed from the Georgia Municipal Association:

Boston Globe the Latest to Support Local Authority

Yet another major news outlet has endorsed the President's position in support of local telecommunications authority. On January 26th, the Boston Globe went on record to endorse the concept, urging the FCC and Congress to work together to ensure local communities have the right to make their own connecitvity decisions.

The Globe suggested that, rather than allowing the FCC to take the lead with the Wilson and Chattanooga petition decisions, federal lawmakers take action:

A better approach would be for Congress to settle the issue itself, by preventing states from interfering with cities and towns that want to start their own Internet services.

The Globe Editors note that rural areas are the hardest hit by large corporate provider indifference, that it is those same parties that drive the state barrier bills, and that, "This status quo is bad for customers everywhere."

Globe Editors get behind a bill recently introduced by Cory Booker, Claire McCaskill, and Ed Markey that wipes out state barriers in the 19 states where they exist and prevents state lawmakers from enacting new ones. The Globe acknowledges that the support is lopsided today...:

But this shouldn’t be a partisan issue, and it isn’t one on the local level. Red states like Georgia, Kentucky, Iowa, Oklahoma, and Utah all have successful municipal Internet programs. Politicians tempted by campaign contributions from the telecommunications lobby, or skeptical of any proposal backed by President Obama, should remember that consumer protection is an issue that voters of all stripes support.

Los Angeles Times Supports Local Authority

President Obama's recent appearance in Cedar Falls infused adrenaline into the debate about local authority for telecommunications decisions. As a result, some of the media outlets from large cities are now coming out in support of local authority. The Editorial Board of the LA Times published an opinion on January 21st supporting the notion of restoring local authority in states where laws prevent community decision making.

The Times recognizes that rural areas will benefit most from reversing these restrictions, that the restrictions need to be removed for us to compete globally, and that there are numerous municipal networks that are up to the challenge of improving connectivity. The LA Times also recognizes the value of public-private partnerships in New York and in other places where local government has forged productive relationships with the private sector.

Editors at the LA Times boil it down to one tenet:

Regardless, the decision about whether a local agency should get into the broadband business should be left to the people who bear the risk — local officials and the people who elect them.

National Press Follows President Obama to Cedar Falls, Iowa

On January 14th, President Obama visited Cedar Falls, Iowa, to share his strategy to expand high-speed connectivity to more Americans, encourage competition, and galvanize economic development. Obama's plan centers around community networks and he announced that the next step will be eliminating barriers in 19 states that usurp local authority to invest in publicly owned infrastructure.

From his remarks [C-SPAN Video below]:

Today, I'm making my administration's position clear on community broadband. I'm saying I'm on the side of competition. And I'm on the side of small business owners... I'm on the side of students and schools. I believe that a community has the right to make its own choice and to provide its own broadband if it wants to. Nobody is going to force you to do it, but if you want to do it, if the community decides this is something that we want to do to give ourselves a competitive edge and to help our young people and our businesses, they should be able to do it.

The Obama Administration, through the Department of Commerce, recently sent a letter [PDF] to Chairman Wheeler to request the FCC use its authority to end state barriers that block local public investment. The Hill noted the letter and the President's speech together put gentle pressure on the FCC to take steps to restore local authority. The Hill also gave space to the cable industry, naturally opposed to restoring local authority after millions of lobbying dollars invested in passing anti-competitive legislation.

InfoWorld also pointed out cable industry opposition to the Obama proposal, noting that they were ready to mount a strong offense and will likely join Congressional Republicans to fight any roll-back of state barriers. A decision from the FCC on whether or not to change state laws in North Carolina and Tennessee is expected in February.