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Content tagged with "federal"

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Understanding Title II and Network Neutrality - Community Broadband Bits Podcast #101

With all of the recent media discussions around network neutrality, reclassification, and "Title II," we decided to spend this week talking with Matt Wood, Policy Director for Free Press to simplify some key issues. For all the hub-bub around reclassification and dramatic claims that it represents some kind of fundamental policy shift, the truth is actually less exciting. Internet access via DSL was previously regulated under Title II of the Communications Act (as Verizon well knows and has used to its advantage). 

And again regulating Internet access as Title II still allows for various forms of innovation and even paid prioritization if done in a "reasonable" manner. Matt and I discuss how Internet access came to changed from Title II to Title I last decade and the implications of moving it back now. Free Press also runs the popular SaveTheInternet.com

This show is 20 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 Valley Lodge for the music, licensed using Creative Commons. The song is "Sweet Elizabeth."

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.

Ian Masters Interviews Christopher Mitchell on Background Briefing from Los Angeles

Christopher Mitchell recently spoke with Ian Masters on the Background Briefing show from KPFK-FM in Los Angeles. Masters connected with Chris to discuss the increasing importance of community networks in light of recent court decisions: Network Neutrality and the court's interpretation of section 706 of the Telecommunications Act of 1996.

From the Background Briefing website:

Then finally we speak with Christopher Mitchell, the Director of the Telecommunications as Commons Initiative at the Institute for Local Self Reliance about the more than 400 towns and cities across America who have installed or a planning to install fiber broadband municipal networks as an alternative to the telecom and cable monopolies who appear to have captured Obama’s FCC which is poised to end the government’s commitment to net neutrality. We discuss the need to both support municipalities who are building networks to circumvent cable monopolies with high speed broadband that other advanced nations enjoy, at the same time, holding the FCC’s feet to the fire so they don’t sell out the public and abandon net neutrality.

The conversation runs about 20 minutes.

FCC Rural Broadband Workshop Video

In case you missed it, you can still stream the FCC's Rural Broadband Workshop. The announcement describes the event:

The workshop will include an examination of the broadband needs of rural populations and the unique challenges of both broadband deployment and adoption in rural areas.  In addition, the discussion will highlight the economic, educational, and healthcare benefits that can be realized through broadband deployment and adoption.  The workshop will also examine different business models that have been used to deploy broadband in rural areas, including a discussion of the factors that drive investment decisions and technology choices of different types of providers in rural communities.  Finally, the workshop will examine the role that states have played, and can continue to play, in meeting the rural broadband challenge.

The first discussion, Broadband Needs, Challenges, and Opportunities in Rural America, focuses on the impact broadband access has on education, healthcare, and economic development. Panelists are:

  • Jeff Fastnacht, Superintendent, Ellendale School, Ellendale, ND
  • Charles Fluharty, President and CEO, Rural Policy Research Institute
  • Brian Kelley, CEO, Ag Technologies
  • Thomas F. Klobucar, Ph.D., Deputy Director, Office of Rural Health, U.S. Department of Veterans Affairs
  • Linda Lord, Maine State Librarian
  • Don Means, Coordinator, Gigabit Libraries Network

Rural Broadband Buildout - Effective Strategies and Lessons Learned, will start at 11:00 a.m. and will include:

GAO Report: Government Telecom Investments Help Local Businesses

The Government Accountability Office released a report today examining economic development and government-spurred broadband deployment. The report, titled Telecommunications: Federal Broadband Deployment Programs and Small Business looks at the effects of stimulus projects on opportunities for small business. 

According to the press release:

“GAO’s investigation confirms the success of the Recovery Act’s broadband programs," said Rep. Waxman.  “In rural and urban areas across the country, small businesses are benefitting from higher speeds and lower prices thanks to federal investment in this essential infrastructure.  Expanding broadband access and quality is critical for American competiveness in the 21st century global economy. These were public dollars well spent.”

The report reviews communities around the country where either federal dollars have been invested in networks or local governments have made such investments. The results were consistent with our findings over the years - municipal networks create a business-friendly environment and contribute to economic development. 

According to the report summary:

According to small businesses GAO met with, the speed and reliability of their broadband service improved after they began using federally funded or municipal networks.

Regarding competition, the GAO find that municipal networks spur competitor investments:

For example, following the construction of a fiber-to-the-home municipal network in Monticello, Minnesota, the two other broadband providers in the area made investments in their infrastructure to improve their broadband speeds. One of these providers stated that all of its networks undergo periodic upgrades to improve service, but upgrade schedules can change in order to stay competitive when there is a new service provider in a particular market.

Circuit Court to FCC: You Can Restore Local Authority to Build Community Networks

As we noted yesterday, the DC Circuit of Appeals has decided that the FCC does not have authority to implement its Open Internet (network neutrality) rules as proposed several years ago. But the court nonetheless found that the FCC does have some authority to regulate in the public interest, particularly when it comes to something we have long highlighted: state barriers to community owned networks. For example, see North Carolina and recent efforts in Georgia. States have been lobbied heavily by powerful cable and telephone companies to create barriers that discourage community owned networks. Nineteen states have such barriers (see our map with the states shown in red), largely because communities have nowhere near the lobbying power of massive cable and telephone companies, not because the arguments against municipal networks are compelling. For those who remember a certain Supreme Court decision called Nixon v Missouri, the Court has once weighed in the matter of state barriers to community networks. In the '96 Telecom Act, Section 253 declares "No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." However, the Supreme Court decided in 2004 that Congress was insufficiently clear in its intent to preempt state authority - that "any" did not mean "any" but rather meant something else. In making this decision, it ignored a legislative history with plenty of evidence (see Trent Lott for instance) that suggested Congress meant "any" to mean "any." ANYway, we lost that one. States were found to have the right to limit the authority of communities to build their own networks.

All-Pervasive NSA Surveillance Impacts All of Us

We continue to oppose the federal government's foray into creating a high tech surveillance state where the National Security Agency effectively has unlimited power to spy on Americans. The New York Times has released an op-doc embedded below that offers good reasons all Americans should be concerned, even if most are not doing anything they believe needs to be "hidden."

We previously discussed how community owned networks help to prevent against both corporate and federal government spying in this post.

Hilarious Video Compares Fiber to the Home with Fiber to the Node

Another great video from Australia makes many salient points regarding the debate over their national broadband network. One key point to take away is that it is possible to talk to non-technical normal people about this subject without overwhelming them or boring them.

Another is that FTTN = fiber to the nowhere, not fiber to the node.  

When it comes to building infrastructure, we should make smart long term investments. That said, we are strongly supportive of locally owned, fiber networks. Local ownership trumps national ownership because proximity lends itself to accountability.

Governments Should Focus on Infrastructure Despite False Statistics Peddled by NY Times and Others

Having just read the New York Times story "Most of U.S. is Wired, but Millions Aren't Plugged In," I was reminded that even the top mainstream telecom journalists really have little understanding of what they write. This is a bit ranty but comes back together constructively at the end. I just read that "nearly 98 percent of American homes now have access to some form of high-speed broadband." Really? Just what exactly does that mean? It is definitely not the current FCC minimum standard speed required to engage in basic Internet activities: 4 Mbps downstream and 1 Mbps upstream. Not even close. To get 98%, I can only assume that the author has started with flawed stats from the FCC that are comprised on systematically overstated DSL availability in rural areas by carriers like Windstream, Frontier, CenturyLink, and others. He likely then included satellite Internet access availability, which is explicitly not broadband due to the inevitable lag of a 50,000 mile roundtrip to geosynchronous orbiting satellites. But we don't know. We just know that Edward Wyatt knows that by some definition, nearly everyone in America has "high speed" broadband. This is news to the vast majority of rural communities I hear from, who see maps paid for by their tax dollars claiming they can get broadband in their homes. But when they call the company to get it, they find it is not actually available, even though that company had just told the government that it is available there. These are the statistics that are now apparently official, without any need to even note where they come from. Note that this comes after the New York Times repeatedly erred in claiming few Europeans have access to high speed networks. Wyatt goes on to laud the Obama Administration's stimulus effort to expand broadband networks:
The Obama administration allocated $7 billion to broadband expansion as part of the 2009 economic stimulus package. Most of it went to build physical networks.

Locally Owned Networks Protect Privacy and Limit Consumer Surveillance

Since the story broke about the NSA domestic spying practices, debate among concerned citizens has revolved around the Big Brother surveillance model. Most of us shudder at the thought of our federal agencies from DC watching, noting, and recording our actions. However, there is another type of Internet surveillance that largely escapes notice and likewise threatens our liberty. 

Both types of surveillance are perversely encouraged by a poorly regularly market that allows big corporations to profit from violating our privacy.

We have long known that our online habits are being recorded and combined with other personal data that allows companies to show us personalized ads. But Free Press recently offering a compelling explanation for how this model can harm us. From the Dana Floberg article:

And about those “personalized ads” — this isn’t about Facebook learning you prefer Coke over Pepsi. This is about corporations targeting us where we’re vulnerable. This is about your Latina neighbor who sees ads for risky high-interest credit cards. This is about your cousin who just got laid off and now sees ad after ad selling him dangerous fast-cash offers and subprime mortgages. This is about your friend who lives in a rougher part of town and sees higher prices whenever he shops online. This is about all of us.

These ads aren’t personalized — they’re predatory.

Floberg goes on to describe how shopping sites alter prices based on income and location so more affluent shoppers can access better prices and coupons. These sites both use and reinforce stereotypes as they take advantage of the most vulnerable in our society.

Without laws to protect consumers, there is little we can do to stop this predatory behavior. Just as the market encourages corporations to violate our privacy to sell its goods, big corporations are also profiting in their work with law enforcement at all levels.

An AP article by Anne Flaherty notes that AT&T charges $325 to activate a wiretap and $10 per day to maintain it. Verizon charges the government $775 for the first month and $500 per month after that to continue it. It is hard to believe these charges are in line with actual costs.