MPR News recently ran two stories on the trials and tribulations of new and prospective broadband networks. Conrad Wilson's story about the continuing Monticello drama and Jennifer Vogel's account of factors affecting the American Reinvestment and Recovery Act (ARRA) projects give us a good idea of the many hurdles in the way of building new fiber-optic networks. We have reported many times on the drama that has unfolded in Monticello. The municipally owned fiber-optic network has faced some withering challenges and yet perseveres. Monticello asked for a modern communications network but the existing service providers, the cable and phone companies, insisted the city was "sufficiently wired." Conrad's reporting suggests otherwise:

Bill Tapper, who owns a cabinet company with clients around the world, recalls a time just a few years ago when the Internet was so slow it hurt business. "The service we had in Monticello was horrible," he said. "My employees would sometimes take the data home where they had a better Internet connection than we did and do their uploads at night." Tapper said he lost out on business, but at the time the established Internet service providers like phone and cable TV companies told Tapper and other frustrated business owners in town that the city was wired sufficiently.

After the community voted in favor of a publicly owned fiber-optic network, the incumbent provider, TDS, filed a lawsuit. The lawsuit strategically succeeded in stalling the development of the new network but did not destroy the project. Even though the incumbent provider describes pre-network status as "just fine before the city got involved," TDS took advantage of the delay they caused to began building their own fiber network. Currently, subscribers in Monticello are benefitting from their high-speed fiber in ways beyond expanded and improved access.

The latest addition to our Community Broadband Network Map is Indianola, Iowa. The Indianola Municipal Utilities own a network that a private partner, MCG, presently uses to offer services to commercial companies. Come summer, the network will begin serving residents also. Indianola is the county seat of Warren County and has a population pushing 15,000. Back in 1998, the city had a referendum before building a fiber ring. The utility first used its telecommunications capacity for SCADA applications and public safety communications but began using spare capacity to benefit local businesses after 2005. Indianola describes its network as open access but the network only has one provider. Nonetheless, it serves 70 commercial customers and is presently expanding. It is not available on citywide basis yet and further rollout will be on an incremental basis over many years. In the open access arragement, service providers have to come to an agreement with the utility on pricing and adequate levels of customer support. The utility entered the broadband space because incumbent providers Qwest (now CenturyLink) and Mediacom were not meeting local business needs, a familiar story we hear from communities around the country. Contrary to the common claims of big cable and DSL companies, the city was still willing to work with its telecom competitors -- but it was Mediacom that said it was uninterested in using utility ducts created when parts of town were transitioned from aerial utility service to buried. In reaction to the competition, Mediacom dropped its business pricing for customers that agreed to long-term contract offerings. IMU (and partner MCG) once had a considerable advantage in pricing but Mediacom's new packages have eroded some of that difference. Fortunately, IMU has a better reputation for service and does not require long term contracts. One of the biggest benefits to the community is the high-capacity connections at schools, libraries, and public buildings. Schools connect to each other at a gigabit, allowing them to centralize network operations and cut costs. The municipal and county governments gain the same benefits.

It's a new year, but most of us are still stuck with the same old DSL and cable monopolies. Though many communities have built their own networks to create competition and numerous other benefits, nearly half of the 50 states have enacted legislation to make it harder for communities to build their own networks. Fortunately, this practice has increasingly come under scrutiny. Unfortunately, we expect to see massive cable and telephone corporations use their unrivaled lobbying power to pass more laws in 2012 like the North Carolina law pushed by Time Warner Cable to essentially stop new community broadband networks. The FCC's National Broadband Plan calls for all local governments to be free of state barriers (created by big cable and phone companies trying to limit competition). Recommendation 8.19: Congress should make clear that Tribal, state, regional and local governments can build broadband networks. But modern day railroad barons like Time Warner Cable, AT&T, etc., have a stranglehold on a Congress that depends on their campaign contributions and a national capital built on the lobbying largesse of dominant industries that want to throttle any threats to their businesses. (Hat tip to the Rootstrikers that are trying to fix that mess.) We occasionally put together a list of notable achievements of these few companies that dominate access to the Internet across the United States. The last one is available here. As you read this, remember that the FCC's National Broadband Plan largely places the future of Internet access in the hands of these corporations.

When last we looked in on the Lake County FTTH project connecting rural areas north of Lake Superior, the County had just ditched its original management team and Mediacom started trying to derail the project. The County went on to hire "Lake Communications," a two man firm created for this project, while Mediacom presumably returned to quietly scheming against the introduction of any competition on their turf. Lake Communications has received authority by the Minnesota Public Utilities Commission to provide broadband in their target territory.

Kevin O’Grady, a staffer for the Public Utilities Commission, called Thursday’s 5-0 vote “uneventful.” He said that aside from a protest from the Minnesota Cable Communications Association that was withdrawn just before the vote, the application was “nothing out of the ordinary.” The cable association, which faces competition from the fiber project, had complained that the county, without a public vote, couldn’t be the legal authority to provide telecommunications services under Minnesota law. The commission, responding to the complaint, said the authority would be granted to Lake Communications, which it deemed had a proper relationship with the county in providing the service. … The county plans to build the network and lease the lines to Lake Communications for revenue. In its original response to the cable association’s complaint, the state commission said Lake Communications’ application “complies with the requirements typically applied by the commission to applications” across the state. It also stated that Lake Communications’ financial statements were “sufficient and consistent with the financial information filed by other applicants for authority.”

Remember that Minnesota law requires a supermajority vote of 65% before cities and counties provide telephone service. In this case, Lake Communications will be offering the services on infrastructure owned by the County. If there is any sliver of a doubt about the legality of this arrangement, we can expect Mediacom or the Minnesota Cable Communications Association to file suit.

The TonkaConnect project of the Lake Minnetonka Cable Commission, comprising many suburbs west of Minneapolis, is going to pause after some of the city councilmembers of communities within the project were unsupportive.

“I think [the LMCC executive committee] realized that if a municipal fiber network is ever going to be built, the cities need a considerable amount of time spent in educating and understanding the significance of building such a system,” said a memo from Sally Koenecke, LMCC executive director. The $81 million proposal sought to provide 25,000 households in communities from the 17 member cities with Internet, phone and cable fiber optic services.

I have occasionally offered technical advice to this ambitious project and have watched as Mediacom and other incumbent providers spread rumors and lies to disrupt it. These companies will stop at nothing to preserve the limited competition they rely upon to maintain their market power.

“I’m personally against spending any money on the fiber optic project,” said Orono mayor Lili McMillan. “What I want to do is send a message. I don’t feel government should be in this.”

To be clear, if Lili McMillan doesn't want the government to build a next-generation network, they will have to continue relying on Mediacom cable and slow, unreliable DSL services. Their choice. Their incumbents do not have the capacity or interest to build a next-generation network themselves but they do have the capacity and interest to prevent any other party from doing so. As Ann Treacy notes at Blandin on Broadband, this is not necessarily the end of the line and may actually serve to increase the desire of people in those communities to take action:

Unfortunately I think that having interest if the price is low enough might not be enough to motivate a community through the perils of community supported fiber. But I always remember the folks in Monticello saying that each set back in winning over the residents just made them stronger in the end.

Lake County's County-wide FTTH network has encountered more than its fair share of troubles but residents are excited at the prospect of having broadband access to the Internet. While some of its troubles came from their own confusion and misunderstanding that led to the falling out with their consultants, National Public Broadband, they are now in the cross hairs of a powerful cable industry group - the Minnesota Cable Communications Association.

The Minnesota Cable Communications Association joined the fray at the end of February, sending a massive data request to Lake County and all the governments within the project area. County Attorney Laura Auron said she “objected to the characterization” the cable industry advocate group made about the project. The MCCA wrote that is was “deeply concerned about the shroud of secrecy” about the project, calling efforts to get the project in line with state and federal rules “opaque.” The association demanded to see the county’s business plan and contracts for the project. It also asked all the cities and townships in the joint powers association, a requirement under the Rural Utilities Service rules for grants and loans, to provide all information regarding the fiber project discussed at council and board meetings.

MCCA exists to protect the interests of its members -- fair enough. Too bad for the folks in Lake County that have no access to the Internet. Because a portion of the project will give the resident of Silver Bay and Two Harbors an actual choice (disrupting the monopoly of Mediacom), MCCA is using a common tactic to delay and disrupt the project: massive public records requests. All the while, MCCA pretends its core mission is advocating on behalf of the beleaguered citizens of Lake County. We commonly hear from publicly owned networks that they have to deal with constant data requests from competitors. This goes far beyond any reasonable amount as incumbent companies use the requests themselves as a time suck attack against publicly owned networks as well as mischaracterizing any detail they can in an attempt to smear the network. Communities should be ready for this onslaught. From what we can tell, it never really stops. This is another reason community projects should live in public to the greatest extent possible.

Too few posts on the blog this week - apologies. But I want to make sure readers saw that the bill to strip North Carolina communities of the right to build broadband networks is no longer being fast tracked, an important victory that resulted from people making old-fashioned phone calls to voice their disapproval to elected reps. Thanks to all who called. Keep calling. They need to know that this bill is totally unacceptable. Craig Settles also discussed the victory. I can't comment on it just now, but Stimulating Broadband broke a story about Mediacom continuing to harass Lake County. In order to protect their turf, they are willing to disrupt a project that will bring connections to thousands of people who have no other option.

In a situation similar to the Frontier letters to Sibley we published last week, the cable company Mediacom has sent letters to Silver Bay and Two Harbors in Lake County to scare them into abandoning the rural county-wide FTTH network that they are building with federal broadband stimulus aid.

Interestingly, rather than sticking to the normal fear, uncertainty, and doubt (FUD) campaign, Mediacom apparently based its threats on a draft previous version of the joint powers ordinance rather than the language actually passed by the resolutionsincluded in the current JPA. Whoops.  [See Update below]

Mediacom, perhaps you should focus on improving your networks rather than stifling potential competition.  Please send us copies of letters your community network has received from incumbent providers.

Without further ado, here is the letter [download pdf] sent to Silver Bay and Two Harbors on December 21, 2010 by Tom Larsen, VP of Legal and Public Affairs for Mediacom:

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Re: Joint Powers Agreement with Lake

County Dear Mayor Johnson:

Mediacom prides itself in being one of America's leading providers of telecommunications services to small and medium sized communities. As you may be aware, Mediacom offers a highly competitive suite of high-speed Internet, cable television and phone services to homes and businesses throughout Silver Bay (the "City").

It has come to our attention that the City passed a resolution on November 15, 2010 approving a Joint Powers Agreement with Lake County (the "JPA"). Given the significant private capital that Mediacom has invested in order to make advanced telecommunications services available throughout the City, we were extremely surprised to learn that your resolution approving the the JPA includes the following finding in Section 4(e):

New Update: Mediacom has invented language in the Joint Power Agreement and threatened the Mayors of Silver Bay and Two Harbors. Let's see how dirty Mediacom will get to prevent competition. Lake County, recipient of a broadband stimulus award to build a rural county-wide (larger, actually) fiber-to-the-home network, has been wrestling with questions they have related to the problems at Burlington Telecom. After some lazy reporting in the Star Tribune and Duluth News Tribune exaggerated Tim Nulty's role in the problems Burlington Telecom now faces, some on the County Board began asking more questions of National Public Broadband (of which Tim is CEO). I attended a meeting after Christmas to observe the discussion, share our understanding of the situation, and discuss the experiences of other community networks. Next week, the County Board plans to decide whether they will alter the arrangement with National Public Broadband or possibly seek another partner in the project -- a development that may have implications for changes or revocation of the stimulus funding. It is important to note that due to structural differences, the problems in Burlington (which, at the least, were hidden from the public allowing them to snowball) are extremely unlikely to repeat in Lake County. The Lake County Chronicle has published a lengthy editorial responding to concerns and noting the ramifications of any changes to the partnership with National Public Broadband. As of this writing, it is not yet behind a pay wall. It offers some wise thoughts:

Like the debate over whether the meetings being held to draw up the rollout plans for the county should be public or private, NPB needs to better apply the rules of working within the expectations of open government. We demand transparency and a full accounting of tax dollars. It’s fair to wonder, as some board members did last week, just what NPB would withhold from the board if things don’t go swimmingly with the Lake County plan.

Last night, I drove down to Winthrop (Sibley County) and then Fairfax (Renville County) to get a better sense of their discussions around next-generation broadband networks (originally covered here). Throughout this week, they are having public meetings to discuss the potential project though the feasibility study is not yet completed. Doug Dawson of CCG Consulting, author of the feasibility study, is in town talking with folks about potential approaches. However, he made it clear that there is no guarantee they will find a business plan that can work to cover all of Sibley County and the area around Fairfax. Stay current on their project from the Sibley & Renville County Fiber site. Winthrop's City Administrator, Mark Erickson, is committed to serving the farms though. There is little doubt that the project could succeed financially by serving only the towns, which harbor some 80% of the population. But Erickson recognizes that the towns depend on the farmers and that everyone will benefit more from the network if it is universally available. Many of the people in towns already have access to some basic broadband - either a slow DSL (in some cases so slow even the old super slow FCC broadband definition does not cover it) or a last-generation cable network from Mediacom. The cable television comes out of Dubuque though, so it isn't exactly local. The project was originally conceived to cover Sibley County. However, a high school in nearby Fairfax has decided to use iPads [pdf] to revamp its curriculum and it would be a travesty to have such great broadband available across the county border when so many students at GFW have iPads but little access to true broadband. Most of the area schools have continued to do what they can with basic T.1 lines - too little broadband (at too high a cost!) to really use any modern educational applications. And the mandated state-wide testing is a nightmare across these connections.