Approximately 20 U.S. states have some form of legal restriction that creates barriers when local communities want to develop publicly owned Internet infrastructure. In North Carolina, where the state experiences a severe rural/urban digital divide, people are fed up with poor service from influential telephone and cable companies. Folks like Ned Barnett, Opinion Editor from the News & Observer, are calling on elected officials to remove the state’s restriction so local governments can do all they can for better connectivity.

Things Must Change

Barnett’s recent editorial begins out of frustration as he describes how unreliable Internet access forced him to take pen to paper. His own connection prevented him from tending to emails, doing online research, and his phone service also suffered due to momentary loss of connectivity at his office. He goes on to consider how the annoying but temporary inconvenience to him is a way of life for many in rural areas of his state.

While North Carolina has many of the same challenges as other states in getting rural folks online — lack of interest from national ISPs, challenging geography that complicates deployment — Barnett correctly zeroes in on the state’s restrictive HB 129. The law prevents communities with existing broadband infrastructure from expanding to neighboring communities and puts requirements in place that are so onerous, they make it all but impossible for communities considering similar investments to move forward.

Barnett rightly points out that the true purpose of the law was to protect national ISPs from competition, securing their position as monopolies and duopolies. He describes the problems with the state's approach and what North Carolinians have faced in the aftermath:

For one, Internet access isn't a consumer product. It's as basic as access to a phone, electricity or indoor plumbing. Secondly, there isn't any real competition involved. Rural areas often are limited to one provider offering slow access.

The Problem is Real

The North Carolina League of Municipalities (NCLM) released a report in March with several recommendations designed to help the state boost connectivity for residents, businesses, and organizations. NCLM Legislative Counsel Erin Wynia and CTC Technology and Energy President Joanne Hovis authored the report that offers policy changes to encourage smart partnerships.

Download the report, Leaping the Digital Divide: Encouraging Policies and Partnership to Improve Broadband Access Across North Carolina.

The report dedicates time describing different public-private partnership models and the elements that make them distinct. In recent years, the term has been used to describe a broad spectrum of arrangements. We've highlighted partnerships in places like Westminster, Maryland, and Urbana-Champaign, Illinois, where both partners invest and share in risk and reward.

The North Carolina Situation

Wynia and Hovis spend time on the gap of coverage in rural areas vs coverage in urban areas. They compare data from the North Carolina Broadband Infrastructure Office and the FCC’s form 477. The authors explain why FCC data is so flawed and provide examples of real people who’s lives are impacted due to access to broadband, or lack of it, in their community.

Fiber is the best option for future-proof, fast, affordable, reliable connectivity. Wynia and Hovis compare fiber to other technologies and explain we can’t let hype cloud our long-term thinking. We were happy to supply our map of private ISP fiber availability in North Carolina so readers can see where it’s currently deployed in the state.

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.

Local investigative news shows often earn a reputation for digging into scams and rip-offs that pick consumers’ pockets. In a recent WLOS News 13 Investigates segment, Western North Carolina’s ABC affiliate started asking some tough questions about Frontier’s Internet access service in rural parts of the state.

A Comedy Of Errors

At the heart of the rip-off in this investigation is Frontier’s habit of advertising speeds that it cannot provide. The WLOS crew traveled to a home in a mountainous area of the region to visit Craig Marble, who moved from D.C., and works from home in the tech field. “It's just a comedy of errors except that it's not funny. It takes five minute to load a single webpage,” Marble said.

Marble discussed how he has paid for service of up to three Mbps download but he has never, to his knowledge, been able to obtain even that slow speed. As far as he’s concerned, he should at least be able to get what he’s paying for every month.

“This should be 3.0, not .3,” Marble said. He showed News 13 various speed tests for his service, they came up .3 and .5, and .6 at various times throughout the morning and afternoon.

Complaints, Complaints, Complaints

According to News 13, numerous complaints against Frontier resonate through local conversation. The station had received other complaints from people, some reporting that their Internet access works about 60 percent of the time. When they followed up with the Attorney General, they learned of 56 complaints filed against Frontier, about half due to issues with slow speeds.

WLOS spoke to Christopher about big telecom’s tendency to advertise “up to” speeds:

“If you can get good speeds in the middle of the night, but not during the day, I think that's deceptive advertising to be suggesting to people that they can get those speeds,” said Christopher Mitchell, director of Community Broadband Networks at the Institute for Local Self-Reliance in Minnesota.

Mitchell says, companies shouldn't advertise what they can't offer.

“This is not something that is beyond the ability of the company to solve, this is a decision that they're making which is to market a service that they cannot deliver or are willing to deliver on reasonable terms,” said Mitchell.

This is the transcript for Episode 280 of the Community Broadband Bits podcast. Christa Wagner Vinson, Deborah Watts, and Alan Fitzpatrick join Christopher Mitchell at the Atlanta airport to discuss the work of NC Hearts Gigabit and how they're organizing for local choice and better connectivity. Listen to this episode here.

Deborah Watts: And you know we need we need to get regulations in legislation that prevents local choice out of the way these people on the tractors the ones in the production rooms the ones in the businesses that can go to their representatives and say You all need to do something about this because I'm having difficulty running my business. I can't be competitive.

Lisa Gonzalez: You're listening to episode 280 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. Christopher recently attended the broadband community's economic development conference where he was able to connect with this week's guests from North Carolina Christa Wagner Vinson, Deborah Watts, and Alan Fitzpatrick from the group and NC Hearts Gigabit joined Chris to talk about local choice and better connectivity in North Carolina and how they're using technology to bring people together. Catharine Rice from the Coalition for Local Internet Choice was also there in this conversation. You'll learn how and see how it's gigabit began. Who's involved. What they've accomplished their goals and you'll also hear some tips on the best way to get the word out and get organized. You can learn more about the group. Check out the collection of resources and even join up at their website and see hearts gigabit dot com. Here's Christopher with Christa Wagner Vinson, Deborah Watts, Alan Fitzpatrick, and Catharine Rice.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits podcasts. I'm Chris Mitchell with the Institute for Local Self-Reliance in Atlanta sitting on the runway of the Atlanta airport at the Broadband Communities Conference talking to you now with three folks from an organization called NC Hearts Gigabit I'm going to start by introducing Christa Wagner Vinson, the economic development consultant of the group. Welcome to the show.

Wilson has made their community-owned Greenlight fiber network central to their economic development plan, a move that may forge a new approach for other communities with similar assets.

Revitalization Efforts

In 2008, when Wilson’s Greenlight community network first launched, the Federal Communications Commission ranked North Carolina last in the nation in percentage of households subscribing to at least a "basic broadband" service. Today Wilson offers free Wi-Fi downtown, schools and libraries are outfitted with high-quality connectivity, and a majority of households subscribe to the broadband service.

Home to over 50,000 residents, Wilson has had a diverse history of industries popping up and dissipating over the years. After deploying their Greenlight Community Broadband, they’ve leveraged new businesses and an entrepreneurial spirit that shows no sign of relenting.

Wilson is initially focusing development downtown. The local daily paper The Wilson Daily Times decided to refurbish an old building and move downtown. The city raised money to renovate an old theater into a cultural center, and an electrical components manufacturing company, Peak Demand, has invested $2.6 million to renovate an old tobacco processing plant.

A Shift From the Old

Wilson involves all community stakeholders to make this revitalization a success. They have worked closely with Barton College, a liberal arts university, and the local nursing school. The community is consciously trying to buy locally and many people meet to discuss how best to promote this.

Wilson’s economic development model has evolved alongside their broadband network and they credit much of their success to Greenlight's benefits. In years past, many towns looked to bolster their economy by attracting companies that offered a windfall of manufacturing jobs— an industrial-era dream. But Wilson is no longer fretting over the decline of large-scale manufacturing companies that once haunted rural America. Instead, they’ve embraced the evolution towards technology companies and entrepreneurial business.

If you live in western North Carolina and struggle with the lack of quality Internet access, the Southwestern Commission — a council of local governments for the region’s seven westernmost counties — in cooperation with the MountainWest Partneship are urging residents to take this survey. Counties in the council include Haywood, Swain, Jackson, Macon, Graham, Cherokee, and Clay.

The goal is to quantify the demand for Internet regionally, focusing on individual counties as opposed to census blocks, in order to better determine accessibility issues. It’s an important process to show Internet providers that there is demand, debunking ISPs claim that rural demand for high-speed Internet doesn't justify the investment. Better data can also establish a foundation for future funding opportunities.

Sarah Thompson, the executive director of the council explained,

It’s really in my opinion one of the most important parts of the process. You’re basically showing [internet service providers] that there is demand, it’s showing even when there is service it’s subpar. In order to move forward with projects, we have to have that data to back up the need. To show that there are opportunities.

FCC’s Inaccurate Data Collection

Through the FCC’s form 477 data collection efforts, the Commission attempted to carry out these crucial first steps in showing aggregate demand and problematic broadband service. The data was compiled into the easily accessible National Broadband Map.

Data is collected from ISPs and it provides information to the FCC based on which census blocks ISPs serve. The problem is that this data exaggerates where coverage is available in rural areas where census blocks can be very large. Areas that may appear on the FCCs maps to be served or to be served with better connectivity are often in reality not served or served with Internet access much slower than FCC mapping indicates. Because state and federal entities typically award grants and loans to communities with the greatest need first, incorrect mapping eliminates rural communities from funding opportunities when they need it the most.

The future of high-quality Internet access in Pinetops, North Carolina, is precarious. Nearby Wilson’s municipal fiber network, Greenlight, provides gigabit connectivity for now, but a series of federal level decisions could change the situation at any moment. Now the story of these two communities and their fight for local telecommunications authority has come to life in the film Do Not Pass Go. Local communities can schedule a screening of the documentary. Watch the trailer below.

A Story Worth Telling

Cullen Hoback’s film tells the story that made national news and that we’ve shared as events unfolded.

Wilson, North Carolina’s municipal Fiber-to-the-Home (FTTH) network has benefitted residents, businesses, and institutions in Wilson since 2008. Neighboring rural towns, including Pinetops, had asked Wilson to expand in order to obtain better Internet access but state law precluded Wilson from serving beyond county borders.

When Chattanooga decided to challenge Tennessee’s law that had a similar effect, Wilson joined the motion to the FCC in 2015. The Commission struck down both laws and Wilson took the opportunity to expand service to Pinetops, the small mountain town of about 1,400 people. Pinetops businesses and residents immediately felt the improvement with FTTH. They experienced economic development opportunities and municipal facilities functioned more efficiently.