Chairman Ajit Pai and the Republican FCC Commissioners voted last December to end network neutrality protections, but many local and state elected officials and their many constituents did not support the decision. Suddenly, decision makers began seeking alternative approaches to ensuring an open Internet without fast or slow lanes. This week, Montana took the initiative by using an executive order to bar ISPs from entering into state contracts if those ISPs don't practice network neutrality.

Read the full Montana Executive Order here.

Update: The State of New York is taking similar steps. Read more below.

Executive Order

While 22 states have taken legal action against the Commission to stop the December 14, 2017 repeal, Montana is using state power to protect its 1.043 million citizens rather than wait for the court to decide. On Monday, Governor Steve Bullock signed an executive order while visiting his former high school’s computer science class.

“There has been a lot of talk around the country about how to respond to the recent decision by Federal Communications Commission to repeal net neutrality rules, which keep the Internet free and open. It’s time to actually do something about it. This is a simple step states can take to preserve and protect net neutrality. We can’t wait for folks in Washington DC to come to their senses and reinstate these rules.” 

Montana currently contracts with several ISPs, including CenturyLink, AT&T, and Charter; state contracts come to about $50 million. The executive order requires the state’s Department of Administration to develop policies and guidance by March 1st. In order to enter into a new contract with the state for the new fiscal year that starts on July 1st, ISPs must not:

On January 18th, the FCC ended months of speculation and released a fact sheet that included several key conclusions to be included in the 2018 Broadband Deployment Report. The most important is that the FCC continues to recognize that mobile Internet access is not a substitute for fixed access. The Commission has also decided to leave the definition of broadband at 25/3 Mbps (down/up).

Download the fact sheet here.

“Broadband” Will Not Slow Down

The Commission had proposed reverting to a slower definition of broadband from the current standard of 25 Megabits per second (Mbps) download and 3 Mbps upload. Under Tom Wheeler’s leadership, the FCC decided to update the standard to its current definition in January 2015, but current Chairman Ajit Pai and other Republican Commissioners suggested in last year’s Notice of Inquiry (NOI) that the FCC might effectively take us backward to a 10 Mbps/1 Mbps standard. 

The suggestion rankled better connectivity advocates and Internet users. Many recognized that lowering the standards would make it easier for the FCC to proclaim that the U.S. was making strong progress toward universal household deployment. The Commission would have been justified making such a conclusion under the standard because large sections of rural American receive DSL, fixed wireless, satellite, or mobile Internet access that would meet a lowered 10/1 standard.

Hundreds of thousands of people, organizations, and businesses filed comments opposing a slower standard. Many of them live in areas where 10/1 speeds are already available but who have been waiting for better options. Commissioners Rosenworcel and Clyburn also spoke out against the lowering broadband speeds. 

Commissioner Rosenworcel tweeted:

The FCC is scheduled to decide the fate of Internet access on Thursday, Dec 14. Will anyone anywhere in the U.S. be able to pay one basic fee to access information on the Internet from the most popular to the most arcane content providers? If all indications are correct, probably not. ISPs will increasingly decide on what terms we access the content we want. Prepare for your bills to go up. 

You might wonder why the FCC is so focused on rolling back such an overwhelmingly popular policy in favor of giving more power to the most hated corporations in America. It isn't because the most recent rules to codify the long-standing principle of non-discrimination has harmed investment. It hasn't. 

But something struck us about the lobbying campaigns around this issue. This graphic from the Sunlight Foundation shows just how hard the top telecommunications companies and their lobbying associations have focused on defeating network neutrality. The image shows lobbying reports generated by lobbyists and whether or not the entity is opposed (red) or in favor of (green) network neutrality. As you can see, the amount of red coming from the ISPs that serve most of America vastly outstrips the green.

Seeing Red

Since the Sunlight Foundation published this graphic in 2013, the landscape has changed in important ways. The two top firms supporting network neutrality were taken over by big monopolists that oppose maintaining an open Internet.

This is the transcript for Episode 281 of the Community Broadband Bits podcast. Will Rinehart of the American Action Forum in Washington D.C. discusses telecommunications and economics with our host Christopher Mitchell. Listen to this episode here.

Will Rinehart: And I do think that obviously good policy is very very important and that's where you and I agree a lot. You know there's obviously some good policies that can be enacted. There's probably better conversations that could be had in this space and that's also something else that I really do really want to see. You're

Lisa Gonzalez: listening to episode 281 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzales as a research organization. We here at the institute make it a habit to hear all sides of the debate along the way we make connections with people who offer perspectives on policy that differ from ours. We consider these conversations critical as we analyze factors that help us create policy recommendations and resources for local communities. This week Christopher talks with Will Rinehart from the American Action Forum. They got together at the recent broadband community's economic development conference in Atlanta. In this conversation you'll hear the two discuss a variety of topics they talk about the area of telecommunications and economics and the forum's approach. You'll also hear that these different perspectives aren't as black and white as they first appear. Now here's Christopher with Will Rinehart from the American Action Forum.

Christopher Mitchell: Welcome to another edition of the community broadband bits podcasts. I'm Chris Mitchell with the Institute for Local Self-Reliance. Coming to you from Atlanta sitting practically on a runway at the Atlanta airport with Will Rinehart the Director of Technology and Innovation Policy with the American Action Forum. Welcome to the show. Thanks Chris. Thanks for having me. We're at the broadband community's event here. We just had our second panel which is called a blue ribbon panel and general session kind of thing. And you and I are typically brought on as people who have very opposing points of view.

This fall, nonprofits and other organizations with an interest in constructive broadband policy have worked to help the new administration’s FCC through the public comment process. We’ve let readers know about opportunities to share their thoughts with the Commission and we’ve submitted comments separately and with other likeminded groups.

Modernizing the Form 477 Data Program

The Commission asked for comments on the method in which it collects data regarding where broadband is accessible. ISPs provide information to the FCC based on which census blocks they serve. We’ve often criticized this approach because it grossly overstates where coverage is available, especially in rural areas where census blocks tend to be large. 

Read our ideas for improvements to the Form 477 data collection, which include obtaining more detailed geographic information, minimum and maximum speeds, and pricing information.

Connect America Funding Phase II Bidding Procedures and Program

In order to help bring better connectivity to rural areas, the FCC distributes Connect America Funds (CAF) to entities such as companies and cooperatives to build broadband infrastructure. The process involves bids from these entities. The FCC is considering changes to the current process and bidding procedures, including what types of projects qualify for funding. The Commission asked for comment after proposing a long list of possible changes.

We recently spoke with Jon Chambers of Connexon, who provided more detail about the program and offered his thoughts on CAF and the possible changes.

Read our Reply Comments, that address issues we feel need attention, including the Carrier of Last Resort guarantee, more opportunities for rural cooperatives, and our concern that the FCC will attempt to equate subpar satellite and mobile broadband with high-quality connectivity. We filed our Reply Comments with Public Knowledge, Appalshop, and a long list of other organizations concerned about Internet access in rural America.

This is the transcript for episode 270 of the Community Broadband Bits podcast. Professor Barbara Cherry goes into detail on the history of common carriage and telecommunications law. Listen to this episode here.

Barbara Cherry: It's been a mess. And part of the problem is restoring a more accurate understanding of our history.

Lisa Gonzalez: This is Episode 270 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez this week Christopher talks with attorney and legal scholar Barb Cherry about common carriage. We often talk about common carriage as it relates to telecommunications. And this week Christopher and Barb get into the policy. But most of us aren't aware of the legal history behind common carriage. Barb describes how its origins relate to the way it's applied today and how we need to consider the past as we move toward the future. Now here's Christopher and Barb Cherry.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell from the Institute for Local Self-Reliance up in Minneapolis. Today I'm speaking with Barb Cherry a lawyer and a Ph.D. in communications who worked for the FCC for five years has 15 years in industry but is now a professor at the media school at Indiana University. Welcome to the show.

Barbara Cherry: Thank you, Chris.

Christopher Mitchell: Barb, one of the things I've warned you about. I'll tell the audience that you have an incredible amount of knowledge and you're very passionate. And so if this seems like it's getting a little bit too you know, friendly I might poke you a little bit to get some of that passion up on the surface.

Barbara Cherry: No problem.

Christopher Mitchell: Let's talk about common carriage which is something that I've never heard anyone explain as well as you have and and maybe you can just start with giving us a sense of the historical origins of common carriage in general.

Get your applications ready! The United States Department of Agriculture  Rural Utilities Service (USDA RUS) is accepting applications for another round of loans for the Rural Broadband Access Loan and Loan Guarantee Program. This program provides loans of up to $20 million for rural connectivity. The window to apply opened September 1st, and the deadline is September 30, 2017.

Thousands To Millions Of Dollars For Rural Areas

The USDA RUS has at least $60 million available this funding cycle for this program. All loans will be between $100,000 and $20 million. The program will only consider funding projects that offer speeds of at least 25 Megabits per second (Mbps) download and 3 Mbps upload.

For this program, the USDA RUS focuses on completely rural communities where at least 15 percent of households do not have high-speed Internet access. To be eligible, these rural areas cannot have more than two incumbent providers or have previously received USDA RUS funding. 

Although the program is specific to rural communities, most organizations are eligible to apply, including tribal governments, local governments, cooperatives, and corporations. No partnerships and no individuals may apply for funding, however, as the loans must go only to organizations.

This is only one of the Broadband programs that the USDA RUS manages. The agency also handles the Community Connect Grants and the Distance Learning & Telemedicine Program. The report “Broadband Loan and Grant Programs in USDA’s Rural Utilities Service” from the Congressional Research Services describes these programs in more detail.

Online Submission Only

The USDA RUS officially began accepting submissions September 1st and organizations have until September 30, 2017, to apply. If you are working in an area with poor Internet service, it’s important to note that this program only accepts applications through an online system. 

Cell phones as a substitute for home Internet service? That’s what the Federal Communications Commission (FCC) suggested in an August 2017 document. Buried within the Notice of Inquiry for the Section 706 Report, the FCC quietly proposed that mobile service could be considered broadband deployment.

In a recent article, Jon Brodkin at Ars Technica dove into why that suggestion is laughable. Mobile Internet service, especially at speeds less than 25 Megabits per second (Mbps) download and 3 Mbps upload, is not equivalent to high-speed home Internet service. 

This proposal also raises concerns for rural communities exploring funding options.

Overstating Rural Connectivity Has Consequences

If the FCC treats mobile Internet access as broadband deployment, rural areas will suddenly look better connected. On paper, the FCC statistics will show that rural America has sufficient Internet access, but the reality in the trenches will remain as it is today - poor connectivity in many rural communities.

A similar situation has already happened in Iowa, where the inclusion of satellite Internet service is now considered broadband access. The interactive FCC 2016 Broadband Deployment Map clearly shows that almost all of Iowa has high-speed Internet access via satellite. One can use satellite service to browse the web, but it has significant limitations, especially when uploading data.

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