preemption

Content tagged with "preemption"

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New 5G Rules Showing Impact in Milwaukee County, Wisconsin

Milwaukee County, Wisconsin, is currently experiencing firsthand the consequences of the Federal Communications Commission’s (FCC's) 2018 preemption of local governments’ authority to regulate 5G infrastructure in their cities. With its initial handful of applications for new small cell transmitters just submitted to the county board by Verizon under the new rules, local officials are grappling with a host of limitations — including fee caps, shorter timing windows, and right of way exemptions — which outline clearly a problem more and more communities will face in the coming months and years.

Less Say, Less Money

We pointed out when the FCC handed down the order in the fall of 2018 that it represented a significant giveaway to wireless carriers while placing additional restrictions and financial burdens on local regulators, most of which are county boards and city departments. Among the most troublesome of the order’s provisions are new 60- and 90-day approval windows for the installation of infrastructure on existing and new wireless facilities, a limitation to annual fee scales for small cell sites set between $100-250, a right now enjoyed by wireless providers to place infrastructure on municipally owned poles and traffic lights, and a rule that says if regulating authorities don’t get to an application within 60 days it automatically becomes approved. The 9th U.S. Circuit Court of Appeals upheld the fee cap in a ruling last Wednesday.

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American Sustainable Business Council Calls for Local Broadband Authority

As the Covid-19 pandemic continues and the federal response sputters, it’s clear that the responsibility of getting our local economies back on track now lies largely with cities and states.

To help state and local governments responding to the coronavirus, the American Sustainable Business Council (ASBC) released a set of policy recommendations, “From Crisis to Opportunity: Recommendations for State & Local Governments,” in late May. ASBC’s policy suggestions touch on various issues, including Internet access. The guide directs government officials to promote cooperative and municipal networks and remove barriers to community broadband in order to expand Internet access.

ASBC describes the thinking behind the recommendations:

As socially responsible businesses and thought leaders, we have long advocated for a triple bottom line of people, planet, and profit. None of these values are mutually exclusive. Together, through local investment, equity and accountability we can rebuild our post-COVID economy stronger, more sustainable, and enduringly just.

How Cities and States Can Rebuild Sustainable Economies

ASBC represents more than 250,000 businesses and advocates for a vibrant, sustainable economy. Read more about the group and its principles on its website.

The recommendations are focused on actions that state and local governments can take because they are on the frontlines of the pandemic’s effect on local economies. “Even with the passage of three federal stimulus bills (with more promised), these leaders will remain in the driver’s seat, and they now need bold ideas,” ASBC explains.

However, ASBC also sees the ongoing crisis as a chance to fix existing issues, saying:

We believe that this moment provides state and local governments an opportunity not only to continue leading the way through this crisis but also in solving the structural problems the federal government has too long neglected . . . Most of our suggested policies effectively provide not only economic stimulus but lasting social, environmental, and public benefit.

Is Your City Allowed to Close the Digital Divide During the Pandemic?

As the pandemic drags on, local governments across the country are looking for ways to connect their residents, who need better Internet access for everything from online education to annual taxes to telehealth appointments. But 19 states still place restrictions on cities and counties that want to invest in broadband expansion, hamstringing their ability to address urgent connectivity needs.

To help people figure out if their community is able to take action, we worked with the Local Solutions Support Center (LSSC) to develop a step-by-step guide for local officials and advocates. The guide includes the various considerations communities must make when developing a Covid-19 broadband response, including the extent of local government authority, state legal restrictions, and declaration of emergency powers.

LSSC describes the guide:

As the coronavirus pandemic spreads, local elected officials and advocates alike are asking what they can do for their communities across a range of policies — including to ensure that everyone has broadband Internet access available. This guide can help you determine whether your community has the authority it needs to adopt a particular policy.

View the guide on LSSC’s website or download the PDF below.

“What’s the Policy?”

The guide takes people through the following questions and action steps:

Lots to Love, Something to Watch, in Accessible, Affordable Internet for All Act

Update 7/7/20:

The U.S. House of Representatives passed the Moving Forward Act, which includes the Accessible, Affordable Internet for All Act, on Wednesday, July 1. The bill is currently in the Senate, where Majority Leader Mitch McConnell has announced his opposition to the legislation, calling it "pointless political theater," and saying, "this nonsense is not going anywhere in the Senate."

Original article:

Earlier this week, Democrats in the U.S. House of Representatives introduced the Accessible, Affordable Internet for All Act, a sweeping bill that would take major steps toward closing the digital divide.

We reported on the legislation yesterday, but today we want to take a closer look at the bill text [pdf]. Below, we examine some details of how the act would fund broadband deployment and affordable connections for Americans across the country.

Grand Plans to Build Broadband, Connect the Unconnected

Among the investments proposed in the Accessible, Affordable Internet for All Act, the largest is $80 billion to fund the construction of broadband networks in unserved and underserved areas. That amount dwarfs the Federal Communications Commission’s (FCC’s) upcoming $20.4 billion Rural Digital Opportunity Fund (RDOF).

Tell Your Representative to Support the Accessible, Affordable Internet for All Act

Update 7/7/20:

The U.S. House of Representatives passed the Moving Forward Act, which includes the Accessible, Affordable Internet for All Act, on Wednesday, July 1. The bill is currently in the Senate, where Majority Leader Mitch McConnell has announced his opposition to the legislation, calling it "pointless political theater," and saying, "this nonsense is not going anywhere in the Senate."

Original article:

Yesterday, representatives in the U.S. House introduced the Accessible, Affordable Internet for All Act, which calls for the federal government to invest $100 billion to ensure all Americans have access to affordable, high-quality Internet access — a need that has been exacerbated by the ongoing Covid-19 crisis.

The proposed legislation would fund broadband deployment in unserved and underserved areas and provide affordable home Internet access, among other measures meant to reduce the digital divide in both rural and urban communities. It would also remove state restrictions on community-owned broadband networks.

“This bill is an historic effort to address all the causes of our persistent digital divide,” said Angela Siefer, Executive Director of the National Digital Inclusion Alliance, in a statement.

Contact your House representative this week to ask them to support the Accessible, Affordable Internet for All Act and to sign on as a cosponsor. Find your representative and their contact information using this online search tool. Keep reading for more details on the legislation and a short example of what you can say to your representative.

"A Major Leap" Toward Connecting Everyone

BroadbandNow Report on Muni Broadband Well Intentioned, But Off

BroadbandNow.com ⁠— a company that mostly focuses on crunching different data sets to provide information on where broadband is available ⁠— has released its second report on municipal broadband barriers.

Their first one had some basic factual failings, and we were concerned that it would mislead people. The new report has corrected some of those errors, but it makes new ones that again lead us to caution against making decisions based on claims within it.

To be clear, we believe ⁠— after careful consultation with others that have long worked in this space ⁠— that the proper number of states to be considered preempting municipal broadband is 19.

Errors and Mischaracterizations

Again, we want to reiterate that we value BroadbandNow's contribution to information about where broadband is available based on crunching different databases. That is something they seem to have done better than most that have tried. However, their efforts to analyze the law and reality around barriers to municipal networks have too many simple errors that we find frustrating.

The single most egregious error is removing Arkansas from the list of states with barriers. Arkansas has taken limited steps to lessen preemption, but it continues to have more restrictions on municipal broadband than many of the states listed as more significant in the report.

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NC Needs Local Internet Choice to Tackle Pandemic - Community Broadband Bits Episode 404

The Covid-19 pandemic is affecting communities across the country in different ways. Recently, Christopher called up Scott Mooneyham, Director of Political Communications and Coordination for the North Carolina League of Municipalities, to find out how towns and cities in the Tar Heel State are faring.

Christopher and Scott discuss how the spread of the novel coronavirus has changed life in the state's communities and how local governments are responding to new needs while continuing to provide essential services. Scott shares stories from towns that are now struggling with broadband access, despite their proximity to major metros, creating public safety concerns.

The pair reflected on WRAL's recently released documentary "Disconnected," which compared connectivity in two North Carolina communities, Enfield and Wilson, and explored how the different levels of broadband access affected residents. They talk about how municipalities like Enfield would be able to partner with local companies to improve Internet access if the legislature removed the restrictive prohibitions currently in state law. Scott explains how the current Covid-19 shutdown has elevated the issues raised in the documentary while also piling many other priorities onto state legislators' desks.

This show is 22 minutes long and can be played on this page or via Apple Podcasts or the tool of your choice using this feed

Transcript below. 

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes here or view all episodes in our index. See other podcasts from the Institute for Local Self-Reliance here.

Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license.

Mount Olive Makes the Case for Local Broadband Solutions

We talked to residents of Mount Olive, North Carolina, about their struggle to get better Internet access and the importance of connectivity for their community. Listen to our conversations above, or read a summary below.

 

North Carolinians are fed up with slow, expensive, and unreliable Internet access. Communities across the state are seeking solutions, but are running into barriers, especially in rural areas.

The town of Mount Olive, home to about forty-six hundred people, is one such example. Only recently, after working with local Internet service provider Open Broadband, are they getting decent Internet access for residents and local businesses. 

Charles Brown, Town Manager of Mount Olive, told us about the challenges the community faced before Open Broadband came to town. Getting high quality Internet access to a regional airport located just outside of town was a priority for local leaders — it generates around $21.1 million in local economic impact — but after going to every big Internet provider in the area and reaching out to their congressional representatives, they couldn’t make it happen.  

It wasn’t until Brown and other town officials reached out to local Internet provider Open Broadband that they found a path forward. 

OpenBroadband was able to install towers on the town’s water tanks and connect the airport. They also worked with the town to set up free public broadband access in downtown Mount Olive — something that’s especially popular during the North Carolina Pickle Festival, which draws more than 30,000 people to the area each year.

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Brown said:

Christopher Mitchell Talks Quarantine Connectivity on Marketplace Tech

Marketplace Tech’s Molly Wood interviewed Christopher Mitchell, the director of the Community Broadband Networks Initiative, this morning on national radio. The pair discussed how broadband providers are responding to increased demand during the Covid-19 outbreak and what barriers there are to expanding Internet access to families sheltering-in-place.

Christopher has been a guest on Marketplace Tech before, providing his perspective on issues including security concerns around Chinese-made network equipment and the effects of ending network neutrality on municipal networks.

Connecting New Subscribers

Schools and businesses have closed across the country, but many students and employees are still expected to complete work from home. This is leading households to subscribe to broadband at record levels in some areas.

Christoper explained:

There’s a lot of people who are signing up for service who didn’t have it before, or maybe they’re going to a better provider. We’re seeing in areas that have one or more cases of the virus that some of the [internet service providers] are seeing record sign-ups, in some cases twice the previous record of a daily number of new customers.

The surge in demand is creating a challenge for providers still figuring out how to safely connect new users. A number of companies have temporarily halted home installations, while others are instituting policies to protect their employees and household members. “We will need to find a way in which we can do new connections,” Christopher said on Marketplace, “because I think this connectivity is just going to become more and more important”

States Stopping Local Solutions

"Disconnected" in Rural North Carolina: A Documentary

“While most of us take a high-speed Internet connection for granted, many living in rural areas feel disconnected,” states North Carolina television station WRAL’s new documentary, “Disconnected,” which first aired on March 19.

The documentary features local officials, healthcare professionals, small business owners, and families from across the state discussing the importance of high-quality broadband access and the struggle to connect rural areas. Though “Disconnected” was recorded before the Covid-19 outbreak forced schools and businesses to close nationally, the ongoing crisis further emphasizes the necessity of getting all North Carolinians connected to affordable, reliable Internet access.

“Disconnected” was created with help from the Institute for Local Self-Reliance, the North Carolina League of Municipalities, and Google Fiber. Watch the documentary below or on the WRAL website.

A Tale of Two Cities

To illustrate the importance of connectivity for everything from education to healthcare, “Disconnected” takes viewers to two small North Carolina towns — one with high-speed Internet access and one without.

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In Enfield, home to 2,300 people, businesses and residents alike struggle to get connected, and town officials face difficulties attracting new employers to the area. Enfield Middle S.T.E.A.M. Academy reports that about 60 percent of students don’t have Internet access at home. WRAL interviews one student’s family, which only has unreliable satellite connectivity. “It’s a lot of running around,” says Lashawnda Silver, the student’s mother. “If I don’t provide it for her, she’s going to lose out.”