Dane Jasper, the CEO of Sonic.net, one of the few ISPs to survive the death of broadband competition over the past ten years, wrote about "America's Intentional Broadband Duopoly."  It is a short history of how the FCC's flawed analysis (helped along by incredible amounts of lobbying dollars, no doubt).

He starts by asking when the last time anyone offered to sell you broadband over power lines (BPL).  The FCC decided that cable and telephone companies shouldn't have to share their wires (which are a natural monopoly) with competitors (creating an actual marketplace for services) because BPL, satellite, and wireless would put so much competitive pressure on DSL and cable.  FAIL.

Then, in the Brand X decision, they ruled that Cable would not be required to allow competitors to lease their lines either. The FCC did this by reclassifying broadband Internet access as an “information service”, rather than a “telecommunications service”. As a result, common carriage rules could be set aside, allowing for an incumbent Cable monopoly. This decision was challenged all the way to the supreme court, who ruled in 2005 that the FCC had the jurisdiction to make this decision. To close out Powell’s near-complete dismantling of competitive services in the U.S., the FCC took up the issue of ISPs resale of DSL using the incumbent’s equipment, also known as wholesale “bitstream” access. If Cable is an information service under Brand X, why shouldn’t Telco have the same “regulatory relief”? The result: the FCC granted forbearance (in other words, declined to enforce its rules) from the common carriage requirements for telco DSL services.

For those who are thinking that wireless is finally competitive with cable and DSL, don't forget that while 4G appears much faster (because so few people are using it presently), it still comes with a 2GB monthly cap. So if you want to do something with your connection aside from watching one movie a month, 4G is not competitive with a landline connection.

Free UTOPIA has published some interesting information about iProvo, a broadband network that was originally publicly owned but crushed under the weight of harassment from Comcast and Qwest via the state legislature. iProvo was built around the same time as UTOPIA and was quite similar but not attached to it. A few years back, it was privatized … sort of. The debt remained with the City even as they hoped the private service provider would be able to cover the necessary payments. That arrangement has not worked out. Jesse Harris at Free UTOPIA has done a great job of continuing to cover both UTOPIA and iProvo, doing interviews with key people and digging into details to a great extent. This article explaining iProvo's difficult position is no different, presenting the dilemma from multiple points of view and assessing the options.

Most of you are already aware that Veracity’s reserve fund for iProvo has reached the point of potentially triggering a default. From the news stories you’ve read, odds are good that you think that Broadweave 2.0 is about to come crashing down on the city. I’ve sat down with Veracity and Mayor Curtis to get the real deal story and I don’t think it’s the apocalyptic scenario that sells papers and glues eyeballs to evening newscasts.

Read the full article to get a better sense of what options Provo has. Update: Thanks to reader Jeff for providing some additional links with information about iProvo. Video from a recent iProvo meeting and a blog post on the latest from iProvo.

The Salisbury Post discusses MCNC's new middle-mile networks that are being built with stimulus funds. MCNC, an independent nonprofit so old that few remember what it stands for (Microelectronics Center of North Carolina), already runs the North Carolina Research and Education Network connecting libraries and schools across the state.

MCNC is a private, nonprofit organization that runs the North Carolina Research and Education Network. The organization secured two grants through the U.S. Department of Commerce’s Broadband Technology Opportunities Program (BTOP) to fund the infrastructure. Broadband Technology Opportunities Program funds make up $75.75 million of the funding for this phase; MCNC raised $28.25 million privately, including $24 million from Golden LEAF Foundation. The total project includes more than 2,000 miles of broadband infrastructure to be outfitted through 69 counties in North Carolina. “The great work being done here … is going to be able to be shared over the world,” said Freddoso [CEO of MCNC]. Freddoso said MCNC has had conversations with the city of Salisbury, distributor of Fibrant cable and Internet service. While the new fiber optic infrastructure will not provide service directly to customers, MCNC will offer wholesale broadband to companies like Time Warner Cable and municipalities that run their own services, like Salisbury.

While we are always happy to see libraries and schools getting access to the connections they need at affordable prices, we believe some of these state-wide educational networks can be counter-productive. Schools and libraries should be anchor tenants on networks owned by the local community (ownership options include coop, nonprofit, or muni ownership).

The open access fiber-optic network in Danville, Virginia, is officially going FTTH. We have long watched nDanville's progress and are excited to see the network expanding into residential access after significantly improving telecom services to businesses and schools. Last year, City Council debated and ultimately rejected a more ambitious plan to expand the network more rapidly. But the utility has secured permission for a smaller project area this year, allowing it to expand without incurring debt. This project will be financed out of the reserves they have built up from net telecom revenues over the years. That's right, they have been running in the black and are reinvesting those funds into connecting more of the community. The utility has $250,000 to use for the build, allowing them to connect some 250 homes (maybe double that if they can stretch the funds) in this phase. If things go as well as they have historically, they will roll through the community in this fashion, undoubtedly increasing their capacity as the model proves itself. Additionally, as new developments are built, they will likely be connected due to the extremely low cost in so-called greenfields. They have one provider lined up to offer video services on their open access network (the utility provides no services themselves) but as they gain subscribers, more service providers will begin offering services. This network is creating jobs directly (by expanding the physical infrastructure) but is also encouraging many more jobs indirectly -- the local service provider is expanding and local businesses are doing better than they would if mired in the duopoly so many other communities find themselves.

Very good news continues to come from Wired West. From a press release:

August 13th will be a historic occasion for many Western Massachusetts towns, as they form a joint cooperative to build and operate a state-of-the-art telecommunications network for residents and businesses. Founding member towns have traditionally been unserved or underserved by existing broadband providers. The new Cooperative, called WiredWest, will create a community-owned network offering high quality internet, phone and television services to member towns. Today, most WiredWest towns have only partial coverage from limited-bandwidth broadband technologies. WiredWest's goal is not only to create fair access to broadband for all member town residents, but also to provide very high-quality services on a reliable, state-of-the-art network that will meet the escalating bandwidth requirements of businesses and home owners, and provide enough capacity for many decades. The proposed WiredWest network will connect to the Massachusetts Broadband Institute's middle-mile fiber-optic infrastructure to create a robust network from end to end. Twenty-three Western Massachusetts towns have taken the necessary steps to join the WiredWest co-operative by passing votes in two consecutive town meetings. Seventeen additional towns are in the process of voting and are expected to join the Cooperative over the next year. A map of WiredWest towns and their progress can be viewed on the WiredWest website. The WiredWest Cooperative is utilizing "Municipal Light Plant" legislation, initially drafted in 1906, when rural towns faced a similar crisis of access to fundamental services from a lack of electricity. In 1996, the provision of telecommunications services was added to the statute, which enables municipalities to build and operate broadband services in the Commonwealth. The leadership team and working groups are focused on finalizing a business plan, putting financing together and early network planning. The group recently received a $50,000 planning grant from the Massachusetts Broadband Institute, and has also raised additional funding from local businesses and individuals to assist with start-up requirements. The incorporation will take place in Cummington, a town in the geographic center of WiredWest's territory.

When the UTOPIA network buildout stalled in 2007, some communities were left entirely unserved by a network they helped to create. But now at least two of those towns are finally getting connected to one of the nation's fastest networks where they can choose among many service providers, a rarity in the duopolistic world of US broadband. The broadband stimulus programs is giving UTOPIA a new lease on life, expanding the middle mile capacity it needs to then connect more residents and businesses. And the community anchor institutions -- schools, libraries, city halls, and more -- will finally have robust reliable connections.

“We’d love to have it,” said Cris Hogan, executive vice president of Hogan & Associates Construction in Centerville. “It’s much faster, with more capabilities, and we’re hoping less expense.” As a commercial builder, Hogan’s company frequently transfers detailed documents and plans to subcontractors electronically. Under current bandwidth conditions, that process can be time consuming, he said. Hogan’s wait for screaming-fast Internet could soon be over. “No one in Centerville has Utopia right now but they’re getting close with the stimulus,” said Blaine Lutz, the city’s finance director. His workplace, Centerville City Hall, should be hooked up by October.

The current expansion will connect 141 anchor institutions in the two communities as well as many more in Payson, Orem, Murray, Midvale, West Valley City, and Perry. As of now, residents generally have to pay a steep upfront $3,000 connection fee for the physical connection, but local governments are investigating different options to allow residents to connect to the network affordably, as Brigham City did with a special assessment area. As for the capacity of the network and value offering, it crushes Comcast.

I was just reminded of an excellent presentation given by Andrea Casselton back on October 17, 2007, after the Saint Paul Broadband Advisory Committee developed this report. Unfortunately, the city of Saint Paul has not followed through on the fine recommendations of the Committee. As in so many other places, the economic downturn has made public investments more difficult. But not impossible. Good afternoon, I am Andrea Casselton, the Director of the Office of Technology and Communications for the City of Saint Paul. Thank you for holding this important hearing. On behalf of the City of Saint Paul, I would like to present some thoughts on the role of government in broadband policy. As part of my role for the City I acted as chair for the Saint Paul Broadband Advisory Committee which met from August 2006 to July 2007. The committee was comprised of 20 representatives from the community, government, a labor union, non-profits, education, and business associations. Some of the representatives on the BAC were also experts in the field of broadband and wireless technology. Several weeks ago the Committee’s recommendations report was published. My comments borrow heavily from that report. In my opinion, in order to decide whether there is a role for local and state government in the deployment of broadband in the state of Minnesota, we must first decide if we consider broadband to be infrastructure. The American Heritage Dictionary defines infrastructure as: “The basic facilities, services, and installations needed for the functioning of a community or society, such as transportation and communications systems, water and power lines, and public institutions including schools, post offices, and prisons.” For cities, towns and counties to successfully compete in the global economy they must be connected to the world. From harbors to railroads, from highways to airports, infrastructure has historically enabled the exchange of commerce, information, and people.

When Verizon won an auction to use the 700MHz band of the spectrum to deliver mobile broadband, it promised to adhere to a set of openness rules that included allowing customers to use applications and devices of their choosing. But Verizon is now blocking "tethering" apps that allow us to use our cell phones as a modem for our computers. Wendy Davis at MediaPost offered more context:

Whether it's legal for a wireless carrier to cripple tethering services is unclear. Verizon agreed to follow open Internet principles as a condition of acquiring the spectrum that it uses for 4G wireless phones. One interpretation of that condition is that the company shouldn't attempt to restrict tethering on its 4G network -- though apparently it's still free to do so on the 3G network. … But aside from neutrality issues, Verizon's move clearly seems hard to justify from a pricing standpoint. Given that the company is already going to charge new users based on the amount of data they consume, there's no reason for it to also impose a surcharge for tethering.

Free Press filed a complaint with the FCC to investigate:

Free Press will file a complaint today with the Federal Communications Commission against Verizon for violating the rules that govern the licenses for its LTE network. Licensees of the C Block of the upper 700 MHz block, over which Verizon runs its LTE network, may not “deny, limit, or restrict” the ability of their customers to use the applications or devices of the customers’ choosing. Recent reports reveal that Verizon has been doing just that by asking Google to disable tethering applications in the Android Market. Tethering applications, which allow users to make their phones into mobile hot-spots, implicate the customers' ability to use both the applications and devices of their choice. Free Press argues that by preventing customers from downloading tethering applications from the Android Market, Verizon is restricting not only the applications available to them, but also limits use of tethered devices such as laptop or tablet computers.

Sandy, a growing community of about 10,000 outside Portland in Oregon, is now building a FTTH network to expand on their successes offering city-run wireless broadband in 2003. They've done the whole wireless thing for 8 years but understand the future is high capacity, high reliability connections. They are starting with a pilot program that seized on energy created by Google's gigabit initiative -- they held a "Why Wait for Google?" contest that asked neighborhoods to show their potential interest in a fiber-optic network. When the Cascadia Village and Bornstedt Village won the contest, they were asked how they wanted to be involved:

What happens now? This is a pilot program, so we’re taking it step-by-step. We want the residents and property owners in Cascadia/Bornstedt Villages to be partners with us in making decisions on how this service will work. And we want it to be democratic: whatever we do, it will only be with the support of the majority of the residents and property owners who get involved. The first thing we need to know is: how would you like to be involved? We have a lot of options, depending on your level of interest, and how busy your life is. On one end of the spectrum is simply asking us to keep you informed through e-mail or letters, and at the other end is your active participation (over a course of several meetings) in the detailed planning for the implementation of this pilot project.

Rick Karr has produced a "can't miss" 15 minute video that shows what happens when telecommunications is treated more like infrastructure and less like a for-profit morass controlled by massive companies.  

We can have universal, fast, affordable, and reliable access to the Internet but we choose instead to let companies like AT&T and Comcast dominate telecommunications to the detriment of our economy, innovation, education, and health care.  It is a choice -- and one we desperately need to revisit.

This video is no longer available.