Earlier this month, we learned about a Senate bill in the Arkansas State Legislature that, in it’s original form, would have rescinded state restrictions preventing many municipalities from improving local connectivity. After amendments, SB 150 lost most of its effectiveness, but the bill that became law this week is still a small step in the right direction for a state where the rate of broadband connectivity is some of the lowest in the country.

Beginning Promise

For years, Arkansas has been one of the states that doesn’t allow government entities from providing broadband services to the public. The ban specifically disallowed “directly or indirectly, basic local exchange, voice, data, broadband, video, or wireless telecommunication service.” There has always been an exception to the ban for communities that have their own electric or cable utilities and want to offer telecommunications services. No municipality may offer basic exchange service, interpreted as telephone service.

Only a few communities have taken advantage of the legal exception, such as Paragould, Clarksville, and Conway. In recent years, electric cooperatives are deploying in rural areas, but many of the state’s rural residents rely on DSL, fixed wireless, and satellite. In the few more populous communities, there may also be scattered cable connections available. 

Even though large incumbent ISPs have collected federal grant funding in the past, deployment in Arkansas has been inadequate to connect all Arkansans. According to the FCC, connectivity to households is near the bottom of the list.

Suddenlink passed up the opportunity to offer connectivity in Pinetops, North Carolina, for years until now. About a year after a bill in the General Assembly gave nearby Wilson’s municipal network the ability to serve the tiny community, Suddenlink is taking advantage of the law to enter Pinetops and push Wilson’s Greenlight Community Broadband out.

Suddenly Suddenlink

One of his constituents called Town Commissioner Brent Wooten last October to share a conversation he'd had at work in nearby Wilson. Wooten's constituent had encountered a Suddenlink employee who told him, "We're coming to see you in Pinetops." The company had sent out a notice to employees that overtime would be available because Suddenlink was planning to run fiber from Rocky Mount to Pinetops.

Wooten hadn't heard anything from Suddenlink; neither had any of the other Commissioners. All he knew was that the company had been reducing staff and cutting costs ever since being acquired by Altice in 2015.

A Little History

While events that put Pinetops (pop. 1,300) in the national spotlight began in February 2015, the story has roots that go back further. Officials in Pinetops, recognizing that better local Internet access keeps small rural communities from wasting away, approached several providers years ago requesting better Internet infrastructure. Suddenlink’s service area ends about two miles outside of Pinetops town limits. Nevertheless, Suddenlink wasn't willing to bring cable service to Pinetops. CenturyLink didn't want to make investments to upgrade the community's old DSL solution; the community had no options from national providers.

Mozilla’s All Access Pass with Veronica Belmont explores local broadband initiatives in episode 6. She sends reporter Dominic Girard to speak with folks in Renville and Sibley County, Minnesota, to discuss the RS Fiber Cooperative.

Girard talks with Mark Erickson who spearheaded the project and describes how difficult is was for farmers who needed better connectivity for 21st century agriculture. Jake Rieke, a local farmer, shares the concerns he described with us in episode 198 of the Community Broadband Bits podcast - how awful Internet access could negatively impact his family’s future.

The crew also interviews Angela Siefer from the National Digital Inclusion Alliance (NDIA) who describes the local desires to invest in better connectivity but state barriers that often interrupt those efforts. Angela gets into the ripples those barriers and access to the Internet interrupts the ability for women, people of color, lower-income folks, and the LGBTQ community to participate in civic engagement.

The show also ventures to the way a group of entrepreneurs are using the Internet to help Syrian refugees adjust to a new life. Their program has changed people from refugees to coders sought out by tech companies.

The show examines how access to the Internet - or lack of it - has become a factor that impacts one's life for the better or worse.

Listen to episode 6 of All Access Pass here.

Learn more about the RS Fiber Cooperative from our 2016 indepth report RS Fiber: Fertile Fields for New Rural Internet Cooperative.

Mayor Gary Fuller won’t tolerate lies about his city. In a recent Opelika City News release titled, Setting the Record Straight - Response to Yellowhammer article, Mayor Fuller corrected the numerous misleading errors in a piece written by Jordan LaPorta. The Yellowhammer article covered a Taxpayer's Protection Alliance Foundation (TPA) report, filled with errors and misrepresentation about municipal Internet networks. TPA is one of the many front groups that describe themselves as "nonpartisan think tanks" but are actually funded by industry leaders with an agenda to advance policies that limit competition.

Mayor Fuller has seen untruths written about Opelika before, but this time he felt it was time to fight the flying monkeys.

Get Your Facts Right

Mayor Fuller corrected a number of brazen untruths LaPorta tossed out in his article, including:

• OPS ONE is not taxpayer-funded - No, LaPorta, there are no tax subsidies. Additionally, there have not been any federal or state grants used for the network.
• Expenditures grossly overstated - LaPorta incorrectly attributes the cost of an electric grid modernization ($20 million) to the cost of the FTTH network ($23 million). The two are not one and the same. Do your homework.
• Number of Gig subscribers - LaPorta reports that OPS has one Gigabit subscriber, but they actually have five residential customers who take the service. The city council has recently reduced the price to $94.99 for Gigabit service in some bundles.

This Is Why Opelika Is A Success

OPS ONE is generating annual gross revenues of around $5.5M after three years serving the community. There are more than 3,200 subscribers and testimonials of customers who appreciate obtaining service from a hometown Internet access provider. Even though OPS ONE is still young, states Mayor Fuller, it’s on track:

Morristown Utilities Commission (MUC) and Newport Utilities (NU) in Tennessee have taken the first monumental step in partnering to bring high-quality connectivity to NU customers. Both entities passed resolutions for an interlocal government agreement that will bring MUC’s FiberNET to Newport.

A Win-Win

“This is hopefully going to be a win-win for both Newport and MUC, that we would provide services for them to put a three-way package into at least part of their service area,” MUC Chairman George McGuffin said. ‘‘This is essentially the first step, as far as agreements.”

The plan will allow MUC to expand its “light services,” which includes FiberNET, to NU’s service area in several phases. The first phase will allow more than 8,000 potential subscribers, or 47 percent of Cocke County households, to obtain FiberNET services. Phase One is scheduled to be completed in 2017; the partners also expect to begin Phase Two construction during the second quarter.

FiberNET

Morristown and its gigabit network FiberNET have been on our radar for a long time. We’ve written about how this community, a relatively early adopter of the Fiber-to-the-Home (FTTH) network, has saved the community in several ways. By lowering electric costs with a smart meter program and by generally lower Internet access costs for government, businesses, and residents, FiberNET is saving Morristown in the tens of millions. The network is also attracting new jobs and contributing to city coffers through payment in lieu of taxes (PILOT).

Listen to General Manager and CEO Jody Wigington talk to Christopher about Morristown’s decision to invest in Internet infrastructure. He visited us for episode 35 of the Community Broadband Bits podcast in 2013.

Friends For Light

Tennessee State Senator Janice Bowling, a Republican from Tullahoma, has once again introduced legislation that would help bring high-quality connectivity to rural residents and businesses. The bill is not complicated and would allow municipal electric utilities that offer broadband connectivity to expand beyond their electric service area. In a video from 2015 Senator Bowling takes a few minutes to explain her proposal - to eliminate the restriction and allow places like Tullahoma, Chattanooga, and Clarksville to serve neighboring communities.

This year, the bill that eliminates the restriction is SB 1058 and its House companion is HB 0970 from Representative Dan Howell. For now, her bill is in the Senate Commerce and Labor Committee waiting to be heard. Sen. Bolling has also introduced similar bill that allows municipal electric utilities to offer telecommunications service with no geographical limitations.

Senator Bolling gets it. She understands that the people of her district and the rest of rural Tennessee need high-quality connectivity to keep pace with areas that already have such access. We’d like to see more legislators like her who put the needs of their constituents before the interests of the big cable and telephone companies.

In the video Senator Bolling describes why the bill, which she has introduced several times, has not passed. She explains what the bill does legally and practically, and she gives a frank assessment of what the situation is now in many rural areas of her state. Even though the video is from 2015, her comments are still relevant.

The video is short and to the point - only 4:20 - check it out and share.

Reincarnated from last year’s anti-muni bill in Missouri, SB 186 was heard in the Senate Local Government and Elections Committee on St. Valentine’s Day. The sweetheart’s gift to the national cable and DSL companies, however, didn’t come until today. The committee held its executive hearing, voted the bill “do pass,” then sent it on its merry way. According to a very helpful staff member at the Missouri State Legislature, the bill will now be put on the informal Senate calendar and can be picked up at any time by Senate leadership for a vote by the full Senate.

As we reported in January, SB 186 fattens the state’s existing laws that insert state government between a local community and its ability to make its own choices about its broadband future. Just like last year’s HB 2078 (this bill’s dead twin), SB 186 makes it extremely difficult for municipalities and local governments to use their own infrastructure to work with private sector partners. The bill comes from lobbyists representing large incumbents who want to ensure their monopoly positions, even if it means sacrificing rural peoples’ ability to participate in the modern economy.

If you live in Missouri, take a moment to call or email your Senator and tell them that, if this bill comes before you on the Senate floor, you want them to push the red button to kill it. Even if you live in an area where you already have high-quality Internet access, consider the principal that state government calls the shots on an issue that should be determined by local people. This bill impinges on local decision-making authority.

If you don’t live in Missouri you can still contact State Senators to let them know that the bill is harmful to rural areas, antithetical to the competitive spirit, and should be done away with as soon as possible.

FierceTelecom - February 15, 2017

Telco, cable-backed Missouri bill could limit municipal broadband growth, opposition group says

Written by Sean Buckley

A new broadband battle is brewing in Missouri as the state’s largest telcos and cable operators are backing a new bill to limit municipal broadband.

The new bill, SB 186, which was introduced by Senator Ed Emery, R-Lamar, seeks to limit the power of municipalities to provide competition to entrenched incumbent service providers.

SB 186, according to the Institute for Local Self-Reliance, imposes restrictions on local governments to provide retail and wholesale bandwidth services.

“This legislation is trying to cut off communities at every turn by limiting any sort of ‘competitive service,’ whether it comes from public broadband infrastructure investment or a public-private partnership” said Christopher Mitchell of the Institute for Local Self-Reliance in a statement. “Missouri should be encouraging investment and local Internet choice, not working with monopoly lobbyists to prevent it.”

...

Read the full story here.

In Missouri, the Senate Local Government and Elections Committee has quietly held on to Sen. Ed Emery’s SB 186. The legislation is another bill handed off from big corporate providers and designed to squash municipal networks. If it looks familiar, it should - it’s identical to last year’s HB 2078, that made a dramatic run through the legislature only to be withdrawn at the last moment. SB 186 will have its first hearing on Tuesday, February 14th, at 10:00 a.m.

Enough Already

As with HB 2078, this bill expands already existing laws that discourage local investment and impinge on local telecommunications authority. Missouri’s rural areas already have difficulties obtaining high-quality Internet access and some rural areas have no access at all. SB 186 prevents local communities from using their own infrastructure to partner with private providers. Large corporate incumbents, fearing public private partnerships, want to ensure that they can protect their practical monopolies from both municipal networks and new entrants.

In late January, the Coalition for Local Internet Choice (CLIC) organized a number of associations, advocacy groups, and private telecommunications companies who wanted to speak out against SB 186. They submitted a letter of opposition to the Chair and Members of the committee. The signatories described the bill as:

“…[H]arming both the public and private sectors, stifling economic growth, preventing the creation or retention of jobs around the State, particularly in rural areas, hampering work-force development, and diminishing the quality of life in Missouri.”

Call To Kill

On February 7th, the Virginia House of Delegates voted 72 - 24 to pass HB 2108, otherwise known as "Byron’s Bad Broadband Bill." The text of the bill was a revised version substituted by Del. Kathy Byron after Governor Terry McAuliffe, local leaders across the state, and constituents very handily let her know that they did not want the bill to move forward. The bill now moves to the Senate.

Byron’s original “Broadband Deployment Act” has been whittled down to a bill that still adheres to its main purpose - to protect the telephone companies that keep Byron comfortable with campaign cash. There is no mention of deployment in the text of the new draft, but it does dictate that information from publicly owned networks be made open so anyone, including national providers, can use it to their advantage.

According to Frank Smith, President and CEO of the Roanoke Valley Broadband Authority (RVBA), 

...Virginia Freedom of Information Act stipulations already codified in the Wireless Services Authority Act are sufficient and the new requirements in Byron’s bill could require the broadband authority to reveal proprietary information about its customers.

...

“There’s nothing hidden under the table,” Smith said. “The Wireless Services Authority Act is sufficient because you all did your job in 2003.”

The broadband authority’s rates, books and board meetings already are open to the public.

Not "Us" vs. "Them"