Comcast Follows AT&T's Litigious Lead In Nashville

Comcast is the second Internet Service Provider (ISP) suing the mayor and metro government of Nashville, Tennessee (pop. 680,000) to stop a new ordinance to give streamline access to utility poles in the city, reports Cnet.com news.

Comcast’s October lawsuit over the Google Fiber-supported One Touch Make Ready ordinance (OTMR) comes on the heels of AT&T's legal action in late September. We wrote about AT&T’s lawsuit shortly after the filing.

Cnet.com reported that most of the utility poles are owned by Nashville Electric Service (NES) or AT&T, but Comcast has wires on many poles and has control over how these wires are handled. “When Google Fiber wants to attach new wires to a pole, it needs to wait for Comcast to move its wire to make room, and this is where the new ordinance becomes controversial.”

Comcast’s lawsuit, filed in U.S. District Court in the Middle District of Tennessee, contends the AT&T-owned poles fall under the purview of the Federal Communications Commission (FCC) and not the city, and that Nashville Metro Council lacked authority to regulate NES poles, according to a story in the Tennessean newspaper.  The telecommunications carrier is asking for a permanent injunction to stop enforcement of the ordinance. 

Comcast reproduces AT&T's argument in Nashville - that the poles are within federal jurisdiction so the city does not have the authority to enforce such an ordinance.

Reverse Preemption In Louisville

AT&T also filed a suit this past spring in Louisville, Kentucky, to stop the city from implementing a similar ordinance. As in Nashville, the city put the policy in place to encourage new entrants like Google by speeding along a cumbersome and time consuming make ready process.

In the Louisville case, however, the FCC submitted a Statement of Interest in late October addressing the issue of authority over poles. According to the document filed with the court:

BellSouth [AT&T] maintains in its motion for summary judgment that the Louisville Ordinance conflicts with, and is therefore preempted by, the federal pole attachment rules promulgated by the Commission under Section 224. That argument is wrong as a ma er of law. The federal pole attachment regulations do not apply in Kentucky because Kentucky has filed a certification invoking reverse-preemption under Section 224(c) and has thereby opted out of the federal pole attachment rules. 

The FCC exercises jurisdiction over pole attachments under Section 224 “only in states that do not so certify” that they regulate pole attachments…BellSouth is thus wrong to assert a conflict with the federal pole attachment rules in these circumstances. 

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As a result, the FCC has no jurisdiction over Kentucky’s poles. In fact, the Statement of Interest goes on to support OMTR policies, stating that: 

”As a general matter, promoting the deployment of competitive broadband infrastructure through one-touch make-ready policies is consonant with the goals of federal telecommunications policy, the Communications Act, and applicable FCC regulations.”

Nashville Leaders Press On 

Back in Nashville, officials expressed disappointment at Comcast’s lawsuit, but resolve at creating a better environment for competition.

In a statement, Nashville Mayor Megan Barry said:

“One Touch Make Ready has been litigated in the court of public opinion, and the public overwhelmingly supports this measure designed to speed up the deployment of high-speed fiber in Nashville. Now, we hope that this federal litigation is quickly resolved so that we can get on with the business of expanding access to gigabit Internet throughout Davidson County.”

Highland Telephone Cooperative Gains Gigabit Recognition

The NTCA-Rural Broadband Association this month awarded the Highland Telephone Cooperative (HTC) of Sunbright, Tennessee, its national certification as a “Gig-capable” provider, reports the Independent-Herald.

HTC serves Scott and Morgan counties in Tennessee and McCreary County in Kentucky and is now one of 85 Gig-certified company/cooperative providers in the nation. The certification recognizes rural communities that are at the cutting-edge of broadband technology, offering Internet service of up to at least 1 Gigabit per second (1,000 Megabits per second or Mbps). The association launched this national campaign in the fall of 2015. 

Years of Planning

HTC completed its $66 million fiber-optic network within the last year; 1 Gig capacity Internet service is available to all 16,5000 members reports the Independent-Herald.  The six-year project upgrades the cooperative’s old copper network. Highland Telephone CEO Mark Patterson: 

"This gigabit certification caps off years of careful planning, investing and building a brand-new fiber network in our area...All along, we knew our commitment was worth the effort so our friends and families in this area could keep their rural lifestyle without sacrificing world-class connectivity."

The upgrade included more than 2,700 miles of fiber by the cooperative's crews and contractors — enough to stretch from Highland's office in Sunbright to Vancouver in British Columbia, the Independent-Herald reported.

"Our area lacks interstates and many economic advantages that other communities enjoy, and we've suffered through some extremely high unemployment in recent years," Patterson said. "An asset like a gigabit-capable network can be our competitive edge when it comes to bringing in industry and growing existing businesses."

85 Gig Networks

To date, the NTCA-Rural Broadband Association has recognized 85 companies and cooperatives from 26 states as Gig-capable. The list includes 26 recipients in Iowa and six from Minnesota. Among the Minnesota honorees is Paul Bunyan Communications headquartered in Bemidji.  

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Across the nation, more and more telecom cooperatives are helping bring high-speed connectivity to rural America. They are filling the void created by large Internet Service Providers (ISPs) who generally consider it financially unattractive to make major broadband investments in sparsely populated areas.

The latest FCC annual broadband progress report estimates 34 million Americans, or about 10 percent of the nation’s populace, lacks access to 25 Mbps down/3 Mbps up service, the agency’s current definition of what constitutes basic broadband service. Those numbers likely understate the true situation, however, as they are based on form 477 data provided by ISPs and national providers often overstate their coverage based on census blocks. For more on Form 477 data, check out episode #224 of the Community Broadband Bits podcast. Christopher interviewed our Research Associate H.R. Trostle, who studied mountains of data for her report on connectivity in North Carolina.

Cooperatives Work!

In October, we noted that it was National Cooperative Month and highlighted a long list of cooperatives now providing next-century Internet connectivity. We expect that list to grow as rural communities recognize the value of cooperatives in bringing better connectivity to rural areas.

Connectivity Cornucopia: We Give Thanks!

This time of year, people come together to celebrate the things they are thankful for and appreciate. Here at the Institute for Local Self-Reliance, we want to take a moment to appreciate all the communities, people, and wonderful ideas that help spread the concept of fast, affordable, reliable connectivity.

A few of us looked into the cornucopia that is feeding the growth of publicly owned Internet networks and picked out some of our favorites. There are more people, places, and ideas than we could write about in one post. Nevertheless, it's always good to step back and consider how the many contributions to the Connectivity Cornucopia accelerate us toward high-quality Internet access for all.

People: Colorado Local Voters

We appreciate the voters in Colorado who chose to reclaim local authority. This year, 26 more counties and municipalities asked voters to opt out of restrictive SB 152, and all chose to take back telecommunications authority. They joined the ranks of a groundswell of local Colorado citizens who have voiced their opinion to Denver - 95 communities in all. They know that they are the best situated to make decisions about local connectivity and, even if they don’t have solid plans in place, want the ability to investigate the options. Colorado voters rock!

Place: Ammon, Idaho  

The unfolding municipal fiber network in the city of Ammon, Idaho (pop. 14,000) continues to attract a steady stream of honors and opportunities. In August, the National Association of Telecommunications Officers and Advisors (NATOA) named Ammon’s open access network the 2016 Community Broadband Project of the Year.  Two months later, the city said it is partnering in a $600,000 initiative with the University of Utah to research and develop a series of next-generation networking technologies supporting public safety, including broadband public emergency alerts. With Ammon’s new fiber network, residents are giving thanks for a system that allows them, among other things, to change their Internet Service Provider (ISP) simply and quickly from a sign-up portal.

We give thanks for Ammon’s innovation and their desire to give people choice.

Policy: Clever Conduit Approaches

Multiple communities have created smart conduit policies to bring connectivity to their residents. Conduit is a reinforced tube that protects and guides cables that run underground. Despite how boring conduit policy might sound, it can bring about better connectivity and ensure community control of public infrastructure. Smart conduit policy is a cornerstone for municipal networks and creating infrastructure for potential future partners. For instance, Mount Vernon, Washington, has its own open access network with eight different Internet Service Providers. The city ensures that developers install conduit in all new developments and then turn control of it over to the city. There are many more excellent models of conduit policy, just check out Lincoln, Nebraska; Centennial, Colorado; or Saint Louis Park, Minnesota.

We understand the importance of smart conduit policy and are thankful for the fact that an increasing number of communities are onboard with implementing similar measures.

So Much To Appreciate!

These are only a few of the people, places, and policies that produce better connectivity for local communities. We're thankful for them and for many others as more communities realize the value of publicly owned Internet networks. We wish you a relaxing and warm holiday and hope you have a moment to pause and consider all you have to be thankful for.


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Photo of the turkeys courtesy of Farmgirlmiriam via Pixaby.

Photo of the cornucopia courtesy of Cliparts.co.

Colorado Conversation: New ILSR Podcast!

In early November, voters in 26 additional Colorado communities chose to opt out of SB 152. The state’s restrictive law took away local telecommunications authority in 2005. The results in many of the towns and counties were overwhelming majorities - loud and clear in favor of local authority. Now, 95 local communities across the state have reclaimed local authority.

We covered the election results in detail on MuniNetworks.org and what those results say about local communities’ desire for better connectivity. We spoke with local community leaders. As part of the Institute for Local Self-Reliance’s Building Local Power podcast, episode #5, Christopher and I also discussed what those results say about the desire to make connectivity choices at the local level.

Beyond Colorado...

In addition to Colorado, we also talked about local publicly owned networks in other parts of the nation and how they are changing the expectations for Internet users in urban and rural America.

We also discussed the general election results that brought Donald Trump to the presidency, specifically noting the impact that his ascension brings to local communities’ ability to provide Internet connectivity to their residents. We pondered the implications of a Trump presidency on the Institute for Local Self-Reliance’s mission of working across partisan lines in local communities.

We invite you to check out episode 5 of the Building Local Power podcast and check out other episodes, all highlighting the work we do at the Institute for Local Self-Reliance.

Rural Electrics Solve Rural Internet Access Problems - Community Broadband Bits Podcast 229

Rural electric co-ops have started delivering high quality Internet access to their member-owners and our guest this week on Community Broadband Bits episode 229 is dedicated to helping these co-ops to build fiber-optic networks throughout their territories. Jon Chambers is a partner at Conexon and was previously the head of the FCC's Office of Strategic Planning and Policy Analysis.

Jon is a strong proponent for ensuring rural residents and businesses have at least the same quality Internet access as urban areas. We talk about his experience and frustration at the FCC, which was content to shovel money at telcos for the most basic infrastructure rather than setting higher expectations to ensure everyone had decent Internet access. We talk about how Co-Mo rolled out fiber to its members without federal assistance, inspiring electric cooperatives around the nation to follow suit.

In our discussion, I reference Jon's blog post "FCC to Rural America: Drop Dead." In it, he cites some of the reactions in the FCC from his advocacy for real rural solutions rather than signing big checks to big telcos for delivering slow and unreliable Internet access. One of quotes from a Democrat: "Republicans like corporate welfare, so we’re going to give money to the telephone companies to keep the Republicans on the Hill happy."

Neither political party comes off looking very good when it comes to rural connectivity, which fits with our impression. But Jon confirms another of our experiences when he says that when he works with rural communities, politics doesn't come up. They just focus on solutions.

Read the transcript of the show here.

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

This show is 36 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to mojo monkeys for the music, licensed using Creative Commons. The song is "Bodacious."

Connectivity In Kitsap: LUD In Lookout Lane

Residents in the Lookout Lane neighborhood of Kitsap County, Washington, tired of shoddy DSL so they joined forces to take advantage of publicly owned fiber. By the end of 2016, this group of organized neighbors anticipates connecting to the Kitsap Public Utility District (KPUD) open access fiber network.

How Did They Do It?

According to the October newsletter from the Northwest Open Access Network (NoaNet), neighbors in the Lookout Lane area had dealt with slow DSL for some time, paying $60 per month for speeds that rarely reached 1 Megabit per second (Mbps). Some of the residents have careers in the tech industry and required high-speed connections to work from home, but the national incumbent would not invest in upgrades. Lack of high-quality Internet access also caused several home sales to fall through.

Members in the neighborhood decided to petition the KPUD to form a Local Utility District (LUD) to fund their portion of the cost of a fiber expansion to their homes. KPUD would finance the cost of deployment to the edge of the neighborhood. Residents decided the investment was worth an assessment on their property rather than contending with the outdated technology offered by the incumbent.

The Lookout Lane LUD is the first in the state of Washington established for Internet infrastructure.

Forming A LUD In Washington

NoaNet describes the steps in forming a LUD in their newsletter:

How does a LUD work? 

  • Homeowners petition the Public Utility District to form a Local Utility District

If a majority (50%+1) of the homeowners petition the LUD is formed

  • Once the LUD is formed, the PUD begins the process to construct the infrastructure

When construction is complete, the homeowners are provided a final assessment amount The assessment can be paid:

  • Upfront 
  • Over a 20-year period 
  • Or a combination of the two – A portion upfront and the rest over 20 years

The county administers the assessment and homeowners receive a tax bill for their 
assessed amount annually

KPUD, a member of NoaNet, began using the COS Service Zones survey system in August 2015 to determine where county members wanted them to expand for possible residential service. The state of Washington prohibits PUDs from providing retail service to residences, but the KPUD wanted to prepare for the time when they might open up the network for wholesale service so private ISPs could use the fiber infrastructure.

When the Lookout Lane neighborhood buildout is complete, the KPUD will have the opportunity to examine results for possible similar build outs in other areas of the county.

Community Broadband Media Roundup - November 21

Alaska

Fairbanks Representative looks to improve rural Internet by Dan Bross, Alaska Public Radio

 

California

As Google Fiber scales down its broadband business, San Francisco moves ahead on its own by Michael Hiltzik, Los Angeles Times

 

Colorado

Will CenturyLink, Level 3 merger boost Boulder County broadband service? by Jerd Smith, Boulder Daily Camera

He's done battle with monopolies such as CenturyLink, demanding better service for his customers back when it was known locally as U.S. West and then Qwest, which once were the only places to get broadband connectivity. He's also taken advantage of the gaps these mega players leave open for small entrepreneurial companies like his.

"At a high-level I think it's too bad," Ilacqua said. "There is one less choice in the world."

Governments take on pot, broadband by Charles Ashby, Grand Junction Daily Sentinel

County officials tout options after broadband measure by Katharhynn Heidelberg, Montrose Press (subscription required to view the entire article)

Fort Collins wants to talk high-speed Internet by Kevin Duggan, The Coloradoan

 

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Massachusetts

Pole replacements are for broadband, not for PMLD by Phyllis Booth, Landmark News

 

Minnesota

To supporters of local internet choice by Mark Erickson, Coalition for Local Internet Choice

 

General

Comcast takes $70 gigabit offer away from cities near Chicago by Jon Brodkin, ArsTechnica

How watching videos online could get more annoying under Donald Trump by Rob Pegoraro, Yahoo Finance

Meanwhile, a Trump FCC seems far less interested than the current commission in supporting efforts to build out municipal broadband networks that compete with existing internet providers and extend service into rural areas.

“It looks like the new administration may not have any interest in the munis and co-ops for internet access,” e-mailed Christopher Mitchell, director of community broadband networks at the nonprofit Institute for Local Self-Reliance.

DTNS 2900 - Oh, what tangled laws we weave for ISPs by Daily Tech News Show

Photo of the Colt courtesy of logesdo via Pixaby.

Rural Tennessee Economy: Digital Divide, Connectivity Chasm

Rural folks without fast, affordable, reliable Internet access face challenges with common tasks such as doing homework, completing college courses, or running a small business. Although Tennessee has an entrepreneurial spirit, a large swath of the state's rural residents and businesses don't have the connectivity they need to participate in the digital economy. A September article in the Tennessean looks deeper at the state's digital divide between urban and rural areas.

National Internet Service Providers (ISPs) have failed to make good on promises made over recent decades to bring high-quality Internet access to the entire country, both urban and rural. Several telephone cooperatives and the U.S. Department of Agriculture (USDA) are already actively investing in better Internet access to improve rural Tennessee’s economy.

The Tennessean Perspective

The newspaper the Tennessean laid out much of the connectivity problem in the "Volunteer State." Tennessee may have excellent Internet access statewide, but the urban and rural divide remains. According to a Tennessee Department of Economic & Community Development's report, only 2 percent of all urban residents do not have access to broadband. The FCC defines it as 25 Megabits per second (Mbps) download speed and 3 Mbps upload speed. That number climbs in rural areas, where one out of three residents does not have broadband access. 

Speed Is Not The Only Problem

Some folks simply have no Internet connection. For example, Deborah Bahr drove 30 minutes for Wi-Fi at Bojangles (Chicken and Biscuit) or visited a friend’s house a few miles away. Bahr used to run a coffee shop, leaving the Wi-Fi on continuously so local community college students could work on homework overnight in the parking lot. Bahr’s town borders Cocke County, an economically distressed area where almost 30 percent of residents are below the poverty level. 

A state law that prevents cities from expanding telecommunications services to neighboring rural areas hampers local communities’ efforts to bridge the rural-urban divide. The Tennessean article noted that the city of Clarksville has access to a Gigabit (1,000 Mbps), but in nearby Houston County, 99 percent of residents do not have broadband access. Clarksville has high-speed connectivity because the community has CDE Lightband, a municipal Fiber-to-the-Home (FTTH) network that offers a range of affordable Internet access speeds, including a Gigabit package.

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Tennessee Governor Bill Haslam, in speaking with the Tennessean, aptly summarized the dilemma that many face:

“Do we want private enterprise to compete with the government? I don’t think that’s government’s role. Our goal is to provide services people can’t get on their own. But that’s the sticky part. This is a service that people in some places in the state can’t get on their own.”

USDA #RuralMade, More Than Ag

Those rural areas with high-speed connectivity in Tennessee often have their local telephone cooperative to thank. Formed by farmers years ago with support from the federal government, these cooperatives brought the first telephone lines out to rural Tennessee. Although fiber networks in rural areas have a high-cost, many of Tennessee’s rural telephone cooperatives have built them. 

A few, such as Highland Telephone Cooperative and Twin Lakes Telephone Cooperative, relied on support from the USDA to build high-speed FTTH networks. In Tennessee alone the USDA has already invested $236 million for telecommunication projects. For more information on USDA’s multi-million dollar investments in Tennessee, check out the USDA #RuralMade Tennessee Fact Sheet.

These projects are recognized as supporting all aspects of the rural economy from manufacturing to healthcare. According to the Tennessee Department of Economic & Community Development's report, 24 percent of Tennessee’s households run a business from home with 14 percent operating a business exclusively from their home. That same study found that 43 percent of all new jobs are enabled by broadband.

The rural economy needs high-speed connectivity to move forward. In the Tennessean article, Bahr perfectly encapsulated this:

"I want people around here ... to see themselves as entrepreneurs and real stakeholders," she said. "It could help them start their own businesses."

Alford, MA, Releases RFP: Deadline Dec. 21

Alford, Massachusetts, located along the western border of Massachusetts, recently released a Request for Proposals (RFP) for fiber optic network design and contractors; the community wants to deploy a Fiber-to-the-Premises (FTTP) network. Deadline for proposals is December 21, 2016.

A Long Journey To Now

Alford is home to approximately 500 residents and has pursued better connectivity since the early 2000s, when it first approached the incumbents. As is often the case, national providers continued to pass by Alford over the years leaving them with old, unreliable technology. During 2012 and 2013, the community took the necessary steps and voted to create a Municipal Light Plant (MLP), the entity that manages publicly owned networks in Massachusetts. Since then, they have formed a broadband committee, conducted surveys of local interest and requirements, and examined financial models. 

In 2015, the town approved a measure to borrow $1.6 million to cover the expenses to deploy a FTTP network. The Massachusetts Broadband Institute (MBI), the state agency tasked with administering more than $71 million in federal American Recovery and Reinvestment Act (ARRA) and state funds, informed the MLP Board that the town will receive approximately $290,000 in grants funds.

The Alford MLP’s November update reports that the community has made significant progress on make-ready work to prepare utility poles:

The MLP has now come to an agreement with Verizon and National Grid about the extent of “make-ready” work required to prepare the poles to accept fiber. In the next few weeks the MLP will make payments to the utilities, clearing the way for the work to begin. The MLP has no control over the timing of the work, which will probably begin around year- end and which can take up to six months to complete. 

The Project

Alford wants a network that is scalable and capable of offering high-speed connectivity and telephone service to each premise in the community. They estimate there are 734 utility poles on which to hang fiber-optic cable and that 22 miles of fiber-optic plant will be necessary. There are about 350 residential dwellings and 112 undeveloped lots in Alford, 17 miles of public roads, and 5 miles of private roads. The town encompasses about 12 square miles.

The municipal network will connect to the MassBroadband 123 middle mile network, the state owned infrastructure. Alford's plans must be consistent with MBI’s Last Mile Program Guidelines for Unserved Towns in order to be eligible for MBI funding.

Important Dates

  • Deadline for Submission of Questions: Friday, December 2, 2016  
  • Deadline for Receipt of Proposals: Wednesday, December 21, 2016 by 12:00 Noon 
  • Date for Bid Opening: Wednesday, December 21, 2016 at 1:00 P.M.

You can read the entire RFP on Alford's MLP website.

Photo of the Alford Town Hall John Phelan (Own work) [CC BY 3.0] via Wikimedia Commons.

Gigabit Speed in Red Lake Nation in Minnesota

Native American communities throughout the United States have rather bleak figures when it comes to Internet access. That’s about to change.

In Minnesota, Red Lake Nation now has access to some of the fastest Internet service in the entire country. The telephone cooperative Paul Bunyan Communications has extended its GigaZone, offering a Gigabit (1,000 Megabits) per second Internet service, to the tribal nation. 

Future Focused

In Red Lake Nation News, Tribal Chairman Darrell Seki, Sr., described the benefits of this new high-speed Internet access: 

“Having access to fiber Internet services is vital to our rural economy and impacts so many aspects of life. To start a new business, find a good job, or get a high quality education you need a quality high-speed Internet connection. The GigaZone is on the cutting edge of technology and enhances the Red Lake Nation's unique assets, including a large workforce and the Red Lake Nation College, for economic development and business expansion. We're excited about the positive impact this will have on our Tribe now and well into the future."

The Gigabit service will be available in the communities of Red Lake, Redby, Little Rock and Ponemah. The Red Lake Nation is home to about 13,000 Ojibwe members, and is the only “closed reservation” (meaning that the land is held in common) in Minnesota. The nation is a model of self-reliance: they just announced the launch of an all-solar electricity project.

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The high-speed Internet service is provided by Paul Bunyan Communications based out of Bemidji, Minnesota, which is about 45 minutes south of Red Lake. The telephone cooperative has built out one of the largest Fiber-to-the-Home (FTTH) networks in the United States. Read more of our coverage of Paul Bunyan Communications; we expect to see even more from this community focused rural cooperative.

An Expanding Movement

The Red Lake Nation is the latest community to work with a rural cooperative to get Internet access for the 21st century. Cooperatives are quickly becoming a prime source of high-quality Internet access for rural residents and businesses. When national providers won't invest in less populated areas, cooperatives are taking up the challenge. We've compiled a list of approximately 200 rural telephone, electric, and broadband cooperatives that are now offering Gigabit connectivity, mostly in rural areas. That list is expanding as rural America refuses to be left on the sidelines and cooperatives help their communities to stay competitive.