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Content tagged with "federal"

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Responding to Broadband "Goals" in Obama's SOTU Address

Wally Bowen, the Founder and Executive Director for the Mountain Area Information Network in Asheville, North Carolina, wrote the following piece after President Obama's State of the Union Address.  He gave us permission to reprint it below.

Last night in the State of the Union address, President Obama called on Congress to help “win the future” by, among other things, rebuilding America's infrastructure.

On broadband Internet access, the president was unequivocal: wireless broadband is the way forward (item #1 below).

However, he did not mention the FCC's recent approval of “open Internet” protections that are widely believed to be unenforceable. Indeed, just a few days ago Verizon filed suit to invalidate these rules via a preemptive, knockout blow.

Congress is not likely to pass any meaningful net neutrality/open Internet rules. This means that the Internet is completely exposed to “corporate enclosure” by a handful of cable and telephone companies and their business partners (Apple, Google, FaceBook, et al).

Our only alternative for preserving an open Internet -- and the freedom to innovate and use applications of our own choosing -- is the creation of non-commercial, community-based broadband networks (item #2 below).

MAIN logo

Fortunately, Asheville and WNC are ahead of the game with our nonprofit fiber networks (ERC Broadband, Balsam West, French Broad EMC, et al.) and nonprofit wireless networks like the Mountain Area Information Network (MAIN).

The way forward will be difficult. While the commercial carriers have been somewhat tolerant of nonprofit “middle-mile” fiber networks, they view nonprofit “last-mile” providers of broadband service to homes and businesses as “unfair competition.”

Indeed, 15 states have already passed laws – pushed by cable and telco lobbyists – to prohibit “last-mile” municipal broadband networks. A similar law was attempted, but tabled, in the last two sessions of the N.C. General Assembly. This law will no doubt re-appear in the upcoming session.

The Short Memory of Network Neutrality Sell-Outs

Today, the FCC is poised to pass a half-ass attempt to preserve the open Internet against the interests of massive gatekeepers like AT&T and Comcast. Tim Karr rightly calls it Obama's "Mission Accomplished" moment. Fortunately, the likely result will be a couple of years in the courts before the rule is thrown out because the FCC has not properly ground its half-ass actions in any authority it has received from Congress. Perhaps when the FCC next has to deal with this, we'll have an FCC Chairperson with a backbone and a stronger interest in what is best for hundreds of millions of Americans than what is best for AT&T and a few other corporations. The FCC and supporters of this let's-keep-the-Internet-partly-open "compromise" will lump all critics as being extremist looneys. (Okay, the Republicans who oppose this might fit that description as they are literally making things up or totally confused about what is being decided). But let's look at the crazy looney rhetoric of FCC Chair Genachowski last year:
Genachowski proposed that the FCC formalize its four principles of network openness. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled:
  • to access the lawful Internet content of their choice.
  • to run applications and use services of their choice, subject to the needs of law enforcement.
  • to connect their choice of legal devices that do not harm the network.
  • to competition among network providers, application and service providers, and content providers.
To these, Genachowski proposed adding two more: The first would prevent Internet access providers from discriminating against particular Internet content or applications, while allowing for reasonable network management.

Vermonters Angry at Wireless Broadband Stimulus Grant Instead of Fiber Loan

Vermonters are asking some hard questions about the federal broadband stimulus decision to throw money at a wireless network for Vermont rather than loaning money to an organization dedicated to delivering real broadband. Senator Bernie Sanders convened a meeting to discuss the awards toward the end of October.
Senator Bernie Sanders led off his “broadband town meeting” Saturday morning at Vermont Technical College with a ringing affirmation of the need for better broadband coverage in Vermont and the nation. However, nobody in the crowd of nearly 300 people needed to be convinced of that. What they wanted to know was whether a huge new federal grant to a private company was the right way to do it.
VTel, a small private telephone company, received a $116 million grant to build a FTTH network to serve their existing 18,000 footprint as well as a wireless network that is intended to serve the entire state. In contrast, the East Central Vermont Fiber Network (which we have covered previously), applied for a loan to build a FTTH network to everyone in the 24 communities that have joined together to form the network. The ECFiber network would be run by a nonprofit and would repay the loan from revenue generated by selling triple-play services on the network.

The Internet That Might Have Been

The abstract immediately captured my attention:
Policymakers often tell us that the Internet succeeded because of a lack of government regulation. For instance, FCC Commissioner Robert McDowell recently noted that the “evolution away from government intervention has been the most important ingredient in the Internet’s success.” These views, while widely shared, happen to be inaccurate. In reality, a diverse range of federal regulations, subsidies, and nondiscrimination protections sustained the Internet’s historic growth. But what if, as many inaccurately assume, these regulations had never existed? What would today’s Internet look like in such a world? In this essay, I provide a fictional alternate history - in form of a satirical book review - to illustrate how differently the Internet might have developed in a truly privatized world. Although the essay below (beginning after this abstract) is fictional, it draws heavily upon both the regulatory history of the Internet and the policy arguments at issue in today’s leading regulatory proceedings.
This article covers decisions like Carterfone, the FCC's Computer Inquires, giving control over TCP/IP to the National Science Foundation rather than AT&T, and the intentions of the 1996 Telecommunications Act. It also includes a reminder of the difference between open systems and closed systems:
One important way that open policies achieve this goal is by reducing various types of transaction costs. In open networks, new market entrants can completely avoid negotiating with companies who have “gateway control” over the network. The aspiring entrants do not have to pay—nor seek permission from—the network owners for access. Accordingly, these policies encourage vastly more experimentation and amateur “tinkering.” Closed networks, by contrast, produce relatively less innovation because they rely on centralized network owners to introduce—or at least approve—innovation before it becomes available.
This is a fantastic read (really riveting telecom reading -- how often do you get that?) and a good history lesson for people who were not there to see it firsthand over the years.

Wanna Be a Wonk? Understanding Regulatory Capture

In the world of essential infrastructure, thousands of years of history have taught us that entities, acting on their own narrow interest, cannot be trusted to build or govern the building blocks of commerce or transportation. The temptation to abuse that powerful position has always proved too much for those without accountability to the public. For instance, if the only way to move goods is a canal, private canal owners will price at a high level or use their position to take a stake in all the industries using the canal. Such an arrangement is great for the canal owners but poor for the rest of society. Witness the history of canals and railroads. Two options to dealing with this problem have historically been either regulation or public ownership of such infrastructure. Readers of this site are undoubtedly well aware of our preference for public ownership - a structural approach using coops, local government, or non-profits to ensure the interests of the public at large receive the highest priority. This post explains one of the reasons a regulatory approach, whereby private companies still own the infrastructure (and often make key decisions) but must go through some form of public body that is supposed to prevent the natural interests of the private company from taking over and reducing the benefits to society at large. Writing in the Financial Times, John Kay explains regulatory capture, the process by which the agency or commission supposed to regulate effectively begins to act more in the interests of those regulated rather than the public. An obvious example of this is the Minerals Management Agency that has long improperly overseen the extraction industry, leading to the BP Gulf Oil Hole. As Kay rightly explains, there are multiple kinds of capture from outright corruption to something that leads some political science geeks bring up Gramsci and Hegemony...
But the most common form of capture is honest and may be characterised as intellectual capture. Every regulatory agency is dependent for information on the businesses it regulates. Many of the people who run regulated companies are agreeable, committed individuals who are properly affronted by any suggestion that their activities do not serve the public good.

Our Balkanized Broadband Future

Andrew Cohill has made some apt observations regarding a likely future of broadband in the United States. The thesis is that a few providers can effectively disrupt the likelihood of an entire community getting next-generation services by locking up key customers. And I agree.
But today, the market for bandwidth continues to grow along a nice smooth curve, with the demand doubling every two years, and we have fifteen years of data to back this up. While the incumbents are busy trying to convince us they can meet this demand with 1950s copper cable plant, smaller telecom firms are busy spreading bits of fiber through communities to cherry pick the more profitable business customers. These companies tend to have no interest in full fiber build outs, and instead just want to lock up a portion of the local business market.
Some [not Cohill] have argued that when local governments stop overpaying for T1 lines and build their own networks to be fiscally responsible, incumbent telcos will be unable to continue investing there due to the reduced revenue. Of course, incumbent telcos have long ago ceased investing in these communities, so the proposition is off from the start. But even if it were true, it is an incredibly inefficient system (no matter how lucrative for the incumbent telcos). We need to actually start treating broadband as infrastructure (rather than simply talking about it as though it were infrastructure -- which most elected leaders seem to do). This means that when the community needs broadband, they are able to build it themselves and ensure the network will remain accountable to them in the future. The longer communities wait to build these networks, the more difficult a prospect it will be as private companies continue to pick off the high-revenue easy-to-serve subscribers.

An Unlevel Playing Field: Wilson Forced to Disclose Network Information to Competitors

I recently heard that the only place one finds a free lunch is in a mouse trap. As we sift through the lessons from the broadband stimulus programs, we have learned that the federal government preferred funding private projects rather than those that are structurally accountable to the community. Before the first round of stimulus applications were due, many communities recognized the costs of applying were too high for them. Now, some are recognizing the high costs of complying with the many federal rules that come with accepting federal grants and loans (as detailed by Craig Settles). And now, North Carolina's city of Wilson has found that applying for the broadband stimulus may have disadvantaged its FTTH network. Though the application was not accepted, the city has had to turn over its full application (chock full with proprietary information) to its competitors. This is yet another example of ways in which the "playing field" is tilted against the public. The Wilson Times explained the situation and settlement.
The application included a proposed expansion of the network to provide reduced-cost or no-cost broadband lines to homes of Wilson County school children, a health network, increased lines for police and other improvements that would enhance the network in the city, Goings said.
When the North Carolina Telecommunications Association (with prominent member Time Warner Cable - incumbent cable provider competing with Wilson's Greenlight) asked to see the full application, the City refused to turn it over -- even after a court ruled against the City. The City argued the application contained key information regarding the policy and utilities that should not be made public for security reasons. When the Department of Homeland Security ignored the City's requests to intervene, the City was compelled to release the documents. This is a particularly interesting juxtaposition as privately owned telcos and cablecos regularly argue against having to disclose any information about about their networks as a security concern.

Local Control Means Less Reliance on an Ineffective Federal Communications Commission

Confused about the inability of the Federal Communications Commission to regulate the massive telecom and broadband carriers? You are not alone. This article explains some of it quite well, but the ultimate lesson is that we would greatly prefer local ownership of networks that are accountable to our needs. The FCC proves time and time again it cannot be trusted to regulate in the public interest. We need to ensure this infrastructure is operated for us, not distant corporate shareholders.

UTOPIA Gets Broadband Stimulus Award, Positive Op-Ed

The open access UTOPIA network in Utah has been awarded broadband stimulus funds that will allow the network to serve hundreds of community institutions in several communities, which will aid them in the continuing last-mile rollout.
The grant was awarded to begin connecting nearly 400 schools, libraries, medical and healthcare providers, public safety entities, community college locations, government offices and other important community institutions in sections of Perry, Payson, Midvale, Murray, Centerville, Layton, Orem, and West Valley City.
Jesse at FreeUTOPIA offered some thoughts on what the grant means locally. I'm positively thrilled at the news - UTOPIA continues to push ahead with a unique approach to fiber infrastructure that would solve most of the nation's broadband problems, including the one abandoned by everyone in DC: creating true competition for subscribers. Unrelated to the broadband stimulus award, Pete Ashdown penned an excellent op-ed about UTOPIA: Fiber infrastructure best handled by government.
There certainly are commercial examples of roads, airports, sewers, water treatment, but nothing on the scale of the interstate highways, national and international airports, and facilities that service large populations. The interests of business are narrow — returning a profit and increasing shareholder return. These interests go against broad long-term goals that infrastructure serves — facilitating economic exchange and the general welfare. If every airline was required to build their own airport and every shipping company needed their own road, America would be on par with Somalia as an economic force.
To critics of UTOPIA or more broadly, public ownership of infrastructure, he writes:
There is no doubt that iProvo and UTOPIA have seen mismanagement. The Federal Highways Act saw corruption, graft and bribes during its creation. Yet only a fool would regard our highways as a waste of money. The remedy to government mismanagement is full transparency with active citizen oversight.

WAMU's Kojo Nnamdi Show Covers Broadband

On July 27, WAMU's Kojo Nnamdi show discussed broadband. They read a comment from me noting the successes of two community networks. You can listen to the show online from the above link.
The very best value connection in the country is in Lafayette, Louisiana, with 10Mbps symmetrical (up and down) for under $30 /month. The fastest citywide connection is in Chattanooga, Tennessee - 150Mbps. Both are provided by city-owned utilities.