legislation

Content tagged with "legislation"

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Rockingham County, NC, Passes Resolution Against Bill to Limit Community Networks

Rockingham County has joined Raleigh in officially passing a resolution against legislation to cripple community networks in the state.

 

RESOLUTION
BY THE ROCKINGHAM COUNTY BOARD OF COMMISSIONERS
AGAINST SENATE BILL 87 and HOUSE BILL 129

WHEREAS, Senate Bill 87 and House Bill 129 have been introduced in the 2011-2012 Session of the General Assembly of North Carolina; and

WHEREAS, these bills do not provide a level playing field to cities, towns and counties, but greatly hinder local governments from providing needed communications services, especially advanced high-speed broadband services, in unserved and underserved areas; and

WHEREAS, these bills impose numerous obligations on cities and towns that private broadband companies do not have to meet; and

WHEREAS, private companies, despite having received favorable regulatory and tax treatment to enable broadband investment, have chosen to avoid the financial commitment necessary to provide top quality services to all residents and businesses; and

WHEREAS, while private companies declare top quality service is cost-prohibitive in our country, the United States continues to lose ground to other nations in broadband access, user cost and growth in number of users, falling behind the United Kingdom, Korea, France, Japan and Canada to name a few, and Japan has Internet access that is at least 500 times faster than what is considered high-speed in the United States and at less cost; and

WHEREAS, the bills would prohibit North Carolina cities and towns from using federal grant funds to 

deploy or operate locally-owned or operated broadband systems, thereby denying N.C. residents access to federal assistance available to the rest of the country and hindering employment opportunities; and

Protect FCC Authority to Ensure an Open Internet

Despite the FCC's lack of interest (or rather, Chairman G's lack of interest) in actually defending Network Neutrality and protecting the open Internet, we must defend the right of the FCC to ensure an Open Internet. Such is life... And right now a House amendment would deny funding to the FCC to implement net neutrality rules.

Rep. Greg Walden (R-OR), has authored Amendment 404 (aptly numbered, for us protocol geeks) to gut FCC authority to oversee companies like Comcast and AT&T. This goes above and beyond what even those carriers are asking for, though they no doubt hope it succeeds. For a quick primer on network neutrality, check out this infographic.

This amendment may be attached to the Continuing Resolution necessary to keep the government running -- a crucial resolution to pass. We have to get on the horn to ensure Representative vote against this resolution to ensure the FCC has the authority it needs to do its job (preventing AT&T, Comcast, et al. from becoming supreme gate keepers of the Internet). Many Republicans may be lost causes here due to party line discipline. However, a number of Democrats are leaning toward voting with Republicans on this issue, including one of Minnesota's: Representative Colin Peterson from the 7th District. If you are a constituent of these Representatives, make sure you contact them! Representative Peterson has previously voted in favor of network neutrality, so it is important to find out why he has changed his mind.

Network Neutrality had long been a bi-partisan issue with both Democrats and Republicans seeking to preserve the open Internet. But recently Republicans have been swayed by powerful interests that want big companies to decide how we can access the Internet.

 

These are key representatives that should be contacted. If you are a constituent or know people who are, make sure they call or email immediately!

Representative

District

Natural Monopoly in North Carolina: The Need for Community Networks and Competition

As the North Carolina Legislature considers HB129 and S87 to greatly limit community broadband networks (we analyzed the bill here), it is worth taking a step back to understand why companies like Time Warner Cable provide broadband that is unreliable and comparatively both slow and costly without having other companies come in to offer a better product. The problem is basic economics: the problem of natural monopoly. Ever wonder why you generally don't have a choice between two major operators like Comcast and Time Warner Cable? They have carved up the market due to the costs and difficulty of directly competing with one another. Some folks have a choice of cable companies -- RCN and Knology, for instance, have been successful overbuilders in a few regions (though they went through troubles far worse than most public networks that have been termed "failures"). But for the most part, overbuilding an incumbent cable company is all but impossible -- especially for a private sector company looking for a solid return on investment inside a few years. In the face of a new cable entrant, massive companies like TWC start lowering prices, offering cash or other enticements, and lock both residents and businesses into contracts to deny the entrant any subscribers. Companies like TWC can do this because they have lower costs (through volume discounts for gear, content, and even marketing synergies as well as because they long ago amortized the network construction costs) and can take losses in one community that are cross-subsidized by profits from non-competitive areas. New entrants, both private and public, have higher costs as well as a learning curve. 

Opposition Builds to TWC Bill in NC - Private Companies Weigh In Against Bill

A coalition of private companies, including Alcatel-Lucent, American Public Power Association, Atlantic-Engineering, the Fiber to the Home Council, Google, Intel, OnTrac, Telecommunications Industry Association, and Utilities Telecom Council, have released a letter opposing HB129/S87 in North Carolina. The bill would create considerable barriers to community broadband networks and public-private partnerships, effectively outlawing both given the restrictive language. We examined this bill here. This the text of the letter they released:

February 25, 2011
via email

Representative Thom Tillis
Speaker of the House
Room 2304
16 West Jones Street
Raleigh, NC 27601-1096

Senator Phil Berger
Senate President Pro Tempore
Room 2008
16 W. Jones Street Raleigh, NC 27601-2808

Dear Representative Tillis and Senator Berger:

We, the undersigned private-sector companies and trade associations, urge you to oppose H129/S87 (Level Playing Field/Local Competition bill) because it will harm both the public and private sectors, stifle economic growth, prevent the creation or retention of thousands of jobs, hamper work force development and diminish the quality of life in North Carolina. In particular, this bill will hurt the private sector in several ways: by curtailing public-private partnerships, stifling private companies that sell equipment and services to public broadband providers, and impairing educational and occupational opportunities that contribute to a skilled workforce from which businesses across the state will benefit.

Continuing Push to Stop North Carolina Monopoly Protection Act

As part of the effort to stop the bill that will codify Time Warner Cable's monopoly in North Carolina, we published a press release today (previous coverage of the bill here):
While the rest of the world is working to become more innovative and competitive, the North Carolina General Assembly is considering a bill that will stifle innovation, hurt job creation and slow economic development. The Bill, H129/S87 will effectively prevent any community from building a broadband network and impose onerous restrictions on existing networks, including Wilson’s Greenlight and Salisbury’s Fibrant. Greenlight and Fibrant are the most technologically advanced citywide networks in the state, comparative to the best available in the U.S. and international peers, according to a study released by the Institute for Local Self-Reliance (ILSR) in November, 2010. This bill will protect the aging networks of incumbent cable companies—furthering their effective monopolies—that have refused to invest in newer, faster technologies. “This bill is a job and competitiveness killer. I don’t know why North Carolina wants to protect old technology, but if they want to get on the information super highway in a horse and buggy—the world is going to pass them by,” said Christopher Mitchell, Director of ILSR’s Telecommunications as Commons Initiative. The bill says it is an act to “protect jobs,” a claim that puzzles Mitchell. “Community owned networks create jobs both directly and indirectly – and there is no evidence they have resulted in the elimination of any jobs.”
You can now Sign a petition showing your support for community networks in North Carolina - please make sure this link circulates among any contacts you have in NC!

Digging into H129: Another Bill in NC to Limit Local Authority and Broadband Competition

As we predicted, Time Warner Cable is pushing a new bill in North Carolina to limit competition and local authority to build broadband networks (Save NC Broadband is alive again). H129 purports to be An Act to Protect Jobs and Investment By Regulating Local Government Competition with Private Business - [download a PDF of the bill as introduced]. This bill is another example of state legislators refusing to allow communities to make their own decisions -- imposing a one-size-fits-all policy on communities ranging from the metro area of Charlotte to small communities on the coast and in the mountains. Many of the provisions in this bill apply tough constraints on the public sector that are not applied to incumbent providers, but this analysis focuses only on a few. Let's start with the title:
An Act to Protect Jobs and Investment by Regulating Local Government Competition with Private Business
There is no support anywhere in this bill to explain what the impact of community networks is on jobs. Nothing whatsoever. There is a claim that "the communications industry is an industry of economic growth and job creation," but ignores the modern reality that that the communications industry goes far beyond the private sector. In fact, the recent history of massive telecommunications providers is one of consolidation and layoffs. It is the small community owned networks that create jobs; larger firms are more likely to offshore or simply cut jobs. Certainly all businesses depend on communications to succeed. Unfortunately, they are often limited to very few choices because the of the problem of natural monopoly.

AT&T Pushes to Prevent Potential Broadband Competition in South Carolina

In South Carolina (the state TWC Forgot), AT&T is pushing harsher restrictions on any publicly owned broadband system in an attempt to derail one or more broadband stimulus projects. South Carolina already greatly restricts community broadband networks, likely one of the reasons no incumbent there bothers to upgrade in a similar time frame as the rest of the country. This should be seen a significant overreach -- AT&T is trying to shut down County efforts to improve middle mile access -- whereas most preemption tends to heavily restrict community last-mile networks. This is a whole new world of anti-competitive policy to favor AT&T (not dissimilar from what AT&T wants to do in Wisconsin and Fairpoint did in Maine).
The bills would force Oconee County to follow guidelines as a broadband service provider that would likely cripple the county’s current three-year project to construct 245 miles of broadband cable, county administrator Scott Moulder said. ... Oconee County’s goal is to be a so-called “middle mile” provider, Moulder said, essentially providing a network that would allow private broadband providers to extend their service into areas they aren’t serving. In most cases, those are areas where the private providers have found it is not financially feasible to install their own infrastructure. AT&T, Moulder said, has been asked to be a partner in the project as a retailer, but the company’s current actions are a rebuff.
The Oconee project is meant to attract additional independent service providers to invest in projects, not the County itself. But that hardly matters to AT&T, which wants to preserve the present lack of competition in order to maximize their gains at the public expense. The Bill, S 483 is viewable here and contains the same old tired arguments claiming the public sector has all the advantages.

Interview With Jay Ovittore of Communities United for Broadband

In another TelecomTV segment, Jay Ovittore speaks with Guy Daniels discussing Communities United for Broadband. This video is no longer available.

Analysis: Faster, Cheaper Broadband in North Carolina Comes From Community Fiber Networks

For years, the North Carolina General Assembly has considered bills pushed by cable lobbyists to ban community networks. A new analysis from the folks at MuniNetworks.org shows that community fiber networks offer the most advanced services in the state -- faster speeds at lower prices. Preempting these community networks would cripple North Carolina's ability to compete in the digital future. Read the Report [pdf]

Salisbury's Fibrant Plans Beta Test, Senator Hoyle Admits Time Warner Wrote Bill to Stop It

A local news story from WCNC in North Carolina has caught national attention among some tech news sites. As reported by WCNC, Fibrant will start beta testing its community fiber network next month (which answers a question we have been wondering -- just what is happening down there?). We have covered Salisbury previously here. The video: This video is no longer available. Senator Hoyle still relies on his two mutually exclusive talking points: "cities should not do this because they are terrible at it" and "it is not fair for cities to do this because they will crush private providers who are unable to compete." Of course, if cities really did fail at this with any sort of regularity, they would not pose a threat to private providers. But that is not what caught the interest of Ars Technica, Tech Dirt, and DSL Reports. This is:
When the I-Team asked him if the cable industry drew up the bill, Senator Hoyle responded, "Yes, along with my help." When asked about criticism that he was "carrying water" for the cable companies, Hoyle replied, "I've carried more water than Gunga Din for the business community - the people who pay the taxes."
Big companies like Time Warner employ a lot of smart accountants to avoid paying even their fair share of taxes -- perhaps Senator Hoyle should not confuse them with the many small businesses that do pay their share. From Ars Technica's "Who writes pro-cable Internet legislation? Cable does":
Yikes. In Hoyle's defense, this sort of practice is not uncommon—legislators often work with interest groups on particular pieces of legislation or on letters that go out under their name.