In a September 22nd press release, the community of Pinetops, North Carolina, called out their Governor as they lose access to high-quality Internet access. Read the full statement here:

A state law is forcing the termination of Gigabit Internet service to the small rural town of Pinetops, NC. Last week, members of the Wilson, NC City Council expressed their deep regrets as they voted to approve the city attorney’s recommendation to disconnect Wilson Greenlight services in Pinetops under the North Carolina law commonly known as H129 (S.L. 2011-84).

Wilson was able to bring fiber-to-the-home Gigabit service to our town in April 2016, after the FCC preempted H129 on the grounds that it is anti-competitive and creates barriers to the deployment of advanced telecommunications capacity. Under Governor Pat McCrory, North Carolina challenged that ruling in May, 2015 in the United States Court of Appeals for the Sixth Circuit and won a reversal last August.

Members of the Pinetops community are particularly distressed because the Gigabit service Wilson was delivering enabled Pinetops to compete with urban areas of North Carolina that get such Gigabit services from Google Fiber, AT&T, and Frontier. In Pinetops, in contrast, other sources of Internet service don’t meet the federal definition of broadband and are insufficient to support small business, home-based telework needs, and homework for students. The Gigabit network enabled the Town to begin developing new economic development plans to attract knowledge workers from nearby Greenville and Rocky Mount. That strategy is now impossible in light of the imminent disconnection of Gigabit services.

As part of our coverage on the events in Pinetops, North Carolina, we recently published "Rural Pinetops Disconnected from Internet Thanks to Telecom Monopolies" on PRX. The audio story runs for 3:28.

Readers are familiar with the small rural community that could only get high-quality Internet access from Greenlight, a nearby municipal electric utility. Wilson, the home of Greenlight, was forced to cut off service to Pinetops due to restrictive state laws. We talk a local business owner and community leader, to Suzanne Coker Craig, about the situation. 

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“A-number one importance.”

On September 15th, the Senate Commerce, Science and Transportation Committee gathered to discuss FCC oversight and telecommunications issues. Among those issues, the Committee discussed municipal networks.

Senator Cory Booker (D - NJ) asked FCC Chairman Tom Wheeler to provide his thoughts on how important it is that Congress takes action. The matter he put before Wheeler was the prospect that Congress act to allow local communities to have local authority on issues relating to Internet infrastructure and advanced telecommunications capabilities. How important is it?

Wheeler’s answer: “A-number one importance.”

Wilson, Pinetops, And A Harmful State Law

Booker, who introduced a bill in 2015 to restore local authority, brought up the subject of Wilson, North Carolina, and nearby Pinetops. When the FCC rolled back restrictive state laws in 2015, Wilson’s electric utility finally had the legal authority to help their neighbors so began offering high-quality Internet access through it’s municipal Internet service, Greenlight. Earlier this summer, the Court of Appeals found in favor of the state, which challenged the FCC decision. As a result, Wilson must cut off service to Pinetops or risk losing the legal ability to serve anyone. The FCC has announced that it will not pursue further review of the decision and will focus its resources on other areas. 

Booker described the situation in Pinetops as “disturbing,” but went on to praise Wilson for investing to solve the need in the region and pointing out how local businesses, including those in Pinetops, came to depend on those investments. He went on to say he was “disappointed, if not angered” by the Court of Appeal’s decision.  

Watch a clip of the hearing:

Last night, Wilson’s City Council voted to halt Greenlight Internet service to the community of Pinetops, North Carolina. City leaders, faced with the unfortunate reversal of the FCC’s preemption of harmful state anti-muni laws, felt the move was necessary to protect the utility. Service will stop at the end of October.

No Other Solution

Before the vote City Manager Grant Goings told the Wilson Times:

“Unfortunately, there is a very real possibility that we will have to disconnect any customer outside our county. That is the cold, hard truth,” Goings said. “Without getting into the legal options that our city attorney will discuss with the council, I’ll summarize it like this: we have not identified a solution where Greenlight can serve customers outside of our county.

“While we are very passionate about reaching underserved areas and we think the laws are atrocious to prevent people from having service, we’re not going to jeopardize our ability to serve Wilson residents.”

When H129 passed in 2011, it provided an exemption for Wilson, which allows Greenlight to serve Wilson County. The bill also states that if they go beyond their borders, they lose the exemption. North Carolina’s priorities are clearly not with the rural communities, but with the big corporate providers that pushed to pass the bill.

After Wilson leaders took the vote, Christopher commented on the fact that they have been put in such a difficult position:

"It is a travesty that North Carolina is prioritizing the profits of the big cable and telephone companies above the well-being of local businesses and residents. The state legislature needs to focus on what is good for North Carolina businesses and residents, not only what these powerful lobbyists want."

Economic Progress Grinds To A Halt

The Sixth Circuit Court of Appeals issued their order on August 10th supporting the states of Tennessee and North Carolina in their challenge from an FCC decision from February 2015. Both states objected to the FCC’s decision to preempt state laws preventing municipalities from providing fast, affordable, reliable connectivity via municipal Internet networks. The Appellate Court Judges reviewed the legal arguments, the precedent, and the interplay between federal authority and state sovereignty. 

The impact of their ruling will affect more than a few pages in a law school text book. Access to high-quality Internet access positively impacts real people and businesses and, as Cecila Kang captures in her recent article in the New York Times, the people who depend on it fear the outcome if their state legislators take it away.

Family Farm Fear

Kang profiles Vick Family Farms, a family potato farm in Wilson, North Carolina.  The Vick family chose to invest in a processing plant when they learned that Wilson’s Greenlight would provide the necessary connectivity. Greenlight allowed them to increase sales overseas. Now, they may lose that connection:

“We’re very worried because there is no way we could run this equipment on the internet service we used to have, and we can’t imagine the loss we’ll have to the business,” said Charlotte Vick, head of sales for the farm.

As Kang notes in her article, the FCC has no plans to appeal the decision, so battles will resume at the state level. Advocates will need to be twice as vigilant because incumbents - the only ones that come out ahead from this decision - may try to push state legislators for even tougher anti-competitive state barriers.

Pinetops: Poster Child For Good Connectivity

Unless you live in a rural community, you probably assume becoming a Gigabit community is all about the miracles of speed. Speed is important, but so is Internet choice, reliable service, and respectful customer service. It’s also about being excited as you consider future economic opportunities for your rural town.

Businesses Struggling With Old Services

Before Greenlight began serving Pinetops, the best community members could get was sluggish Centurylink DSL. Suzanne Coker Craig, owner of CuriosiTees, described the situation for her business:

Suzanne used to be a subscriber to Centurylink DSL service at her Pinetops home, but years ago she just turned it off. “We weren’t using it because it used to take forever; it just wasn’t viable.” She now has Greenlight’s 40 Mbps upstream and downstream service. “It’s just so very fast,” she said.

Her business, a custom screen printing shop, uses an “on-time” inventory system, so speed and reliability is critical for last-minute or late orders:

“We work with a Charlotte company for our apparel. If we get our order in by 5 p.m. from here, the next day it will be delivered. That’s really important for business.” Before Greenlight, Suzanne described how “We had been sweating it out.”  Suzanne’s tee-shirt store only had access to 800 Kbps DSL upload speed. She would talk to the modem. “Please upload by 5 p.m. Please upload.” Now she can just go home and put her order in at the last minute. “We are comfortable it will upload immediately….It’s just so much faster. Super fast…Having Greenlight has just been very beneficial for our business.” 

She also subscribes to Greenlight from home and her fiber connection is able to manage data intense uploads required for sending artwork, sales reports, and other large document transfers. As a Town Commissioner, Suzanne sees Greenlight service in Pinetops as more than just a chance to stop "sweating it out."

“I just see a brighter future for our town now,” she reflected. “It’s a neat selling point. It’s difficult in small rural areas to get good technology-based companies. This now opens the door for us to recruit just those kinds of businesses…It’s hard to imagine a business that does not need Internet access.” 

In April, Wilson’s, municipal fiber network, Greenlight, expanded to pass every home in neighboring rural Pinetops. How is it going? Acting Town Manager, Brenda Harrell said, “We just love it!”

No Longer Out of Reach

Pinetops is about a 20 minute drive due east from Greenlight’s operations center, but more importantly, it is in another county entirely. Wilson serves six neighboring counties with its municipal electric services. Turning on internet service in Pinetops was an easy reach for Wilson, where fiber was being deployed as part of an automated meter infrastructure project.

Back in February 2015, the FCC preempted a North Carolina state law, known as H129, that prohibited Wilson from serving any residents outside of Wilson County. The preemption allowed Wilson to finish the project it had to suspend when H129 became law. In addition to the benefits of automated metering, Pinetops now experiences a higher quality of life with fast, affordable, reliable Internet access.

Greenlight To The Present

For Pinetops, bringing fiber services to its residents and small businesses was like snapping it from the late 1980s into the 21st century. Pinetops is a community with about 600 homes all located within one square mile. It is by all signs rural, surrounded by huge open fields of sweet potatoes, tobacco and soy plants. The average median income is $26,333; according to the census bureau, 30 percent of its residents live below the poverty line. Local officials, say that the community was desperately underserved with unreliable DSL service or dialup before Greenlight came to town. Thanks to Wilson, even the local Piggly Wiggly market has fiber-optic Internet from Greenlight.

Looking Ahead

Thanks to a new interlocal agreement, the City of Wilson, North Carolina will soon expand its Greenlight community broadband network to the nearby Town of Pinetops. Officials expect to complete the expansion of the gigabit fiber network by April 2016. Pinetops, a town of 1,300, is less than 20 miles from Wilson, population 50,000.

We’re Waiting...

For Brenda Harrell, Pinetops Interim Town Manager, the agreement has been a long time coming after years of frustration over their limited broadband access options.

“Current providers haven’t made significant upgrades to our broadband service through the years,” “They haven’t found us worth the investment. Through this partnership with Greenlight and our neighbors in Wilson, we are able to meet a critical need for our residents.”

As far back as 2010, city leaders in Wilson were in negotiations with Pinetops officials on a proposal to expand the Greenlight network to reach Pinetops. But those negotiations reached an impasse in 2011 when the State of North Carolina passed H129. Since then, officials in Wilson and in surrounding communities have been waiting for a time when Wilson could extend their the Greenlight network footprint.

The new agreement became possible in the wake of the FCC decision in February to overturn North Carolina’s anti-muni HB 129, allowing North Carolina communities to start considering the option to build their own broadband networks or expand on existing networks. While the state has appealed that decision in hopes of preserving the law, this agreement indicates Wilson officials are looking confidently ahead with the expectation that the state’s appeal will fail.

Looking Back, and to the Future

Last November, when the New York Times wrote about the fight in communities around the nation for the right to build and expand community broadband networks, they talked to Gregory Bethea, the now retired town manager of Pinetops, North Carolina: