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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.”

Google Fiber Pauses - But No One Else Should

Google Fiber has finally announced its plans for the future after weeks of dramatic speculation that it will lay off half its workforce and give up on fiber-optics entirely. Google has now confirmed our expectations: they are pausing new Google Fiber cities, continuing to expand within those where they have a presence, and focusing on approaches that will offer a better return on investment in the short term.

Nothing Worth Doing Is Easy

In short, Google has found it more difficult than they anticipated to deploy rapidly and at low cost. And in discussions with various people, we think it can be summed up in this way: building fiber-optic networks is challenging and incumbents have an arsenal of dirty tricks to make it even more so, especially by slowing down access to poles.

That said, Google is not abandoning its efforts to drive better Internet access across the country. In the short term, people living in modern apartment buildings and condos will be the greatest beneficiary as Google takes the Webpass model and expands it to more cities. But those that hoped (or feared) Google would rapidly build Fiber-to-the-Home (FTTH) across the country are likely disappointed (or slightly relieved, if they happen to be big incumbent providers). 

This is a good moment to talk about the lessons learned from Google Fiber and what we think communities should be thinking about. 

Let's start by noting something we have often said: Google Fiber and its larger "access" approach have been incredibly beneficial for everyone except the big monopolists. Its investments led to far more media coverage of Internet access issues and made local leaders better understand what would be possible after we dismantle the cable broadband monopoly. 

Benoit Felton, a sharp international telecommunications analyst wrote a very good summary of Google Fiber titled Salvaging Google Fiber's Achievements. Some of my thoughts below overlap his - but his piece touches on matters I won’t address, so please check out his analysis.

I want to focus on a few key points.

This is Not a Surprise

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Google is a private firm that has a fiduciary responsibility to maximize returns for its shareholders. More to the point, so is Alphabet, which houses Google Fiber. Google's interest in fiber was not solely pulling revenue out of the network in the same way that Comcast, AT&T, and others do. They wanted to maximize good Internet access to get more people to use the Internet more and thereby increase the value of their ad business. That is why they have been more consumer-friendly in many ways than the big cable and telephone companies. Google believes it wins even when it simply forces other providers to upgrade their networks.

The fact that they are now focused on doing that in a different way or changing the way they are driving network upgrades should not be surprising. Fiber-optic investments in single-family home neighborhoods can take many years to break even whereas using a hybrid fixed wireless and fiber strategy to target the tens of millions of people living in apartments and condos is likely to break even much quicker. 

That said, if One Touch Make-Ready policies succeed in Louisville and Nashville, I think we will see more Google Fiber investment in FTTH.

But Google is fundamentally a private firm focused on its shareholder value. And as such, it does not have the right incentives to deploy what has become essential infrastructure. Many of us have objected to the market-driven approach that tends to leave low-income areas behind. Nevertheless, Verizon and AT&T have left far more neighborhoods behind than Google. We believe universal access will be more difficult after market-driven approaches skim the cream out of our cities, leaving public funds to ensure everyone has access.

Fiber Remains A Good Municipal Investment

There is no wireless technology today that will cost-effectively deliver a high capacity connection to single-family homes that gives a deployer a technological advantage over modern cable systems (yes, we need better networks than cable networks offer). Google is not abandoning fiber in favor of wireless. It is changing its focus from near-citywide deployments to buildings with many tenants, where it can use both fiber and fixed wireless approaches to deliver service quickly. 

If anything, Google Fiber's change in focus reinforces the importance of smart municipal investments. That can mean a range of things, from Chattanooga or Lafayette approaches to Lincoln's conduit model to Ammon's software-defined network open access approach.

This is especially true in light of 5G wireless, which is still far on the horizon and will require fiber deep into neighborhoods - more fiber than the wireless carriers can easily deploy. Cities that make it easy for the wireless carriers to deploy small cells and connect it with affordable fiber will get these technologies faster and better than those that just wait for the private sector to do everything. Stay tuned to Broadband Bits for an upcoming podcast on how Lincoln has a brilliant model for that.

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Waiting Can Only Hurt You

Whether a community intends to offer services directly or simply to encourage more independent service providers, it is now clear that they need to take action. The "Google Lottery" is temporarily suspended. Get busy finding an approach that fits your needs and challenges.

This is especially true for cities that have real potential to meet their needs with smart local investments but have been waiting and waiting at the altar for Google - ahem, Palo Alto, Portland, and others. Stop dawdling and get serious. You have the capacity to do something. Get started.

Google may resume new FTTH build outs, and when it does - it will undoubtedly look more favorably on communities that have dark fiber, conduit, and other assets ready for them. And if Google remains paused much longer, then you will have created assets to use for your own deployment or for attracting a different partner. 

Speaking of a different partner, Elliot Noss of Ting reminded me that Google can play around with autonomous cars and artificial intelligence in a big way today. Since they launched fiber, the opportunity cost of using their capital has changed significantly. Compared to the potential returns for deploying fiber to single family homes, A.I., and the potential to control all future vehicular movement seems more lucrative.

Once again paraphrasing Elliot, one of the core talents of an ISP should be dealing with people - from installers to customer service. This is not a core area for Google. Google's engineers have done a stunning job creating their technologies - especially the DVR system. But being a competitive ISP is not just technology - it is interacting with your subscribers.

While Google may be in a pause, Ting is excited to keep moving on. Travis Carter of US Internet in Minneapolis can't wait to lay more fiber next year (winter is about to slow his deployment up here); they see nothing but potential in coming years.

Wireless Is Not Killing Fiber

I want to be especially clear. Companies like AT&T and Verizon love stories about how fiber is too expensive or uneconomic. They have a customer base to protect from competition. They are thrilled when they can scare potential investors in fiber networks.

5G is not magic and won't meet all of our needs. When I started working in this industry 10 years ago, I was told that Wi-Fi obviated the need for fiber. WRONG. But then, I was told that fiber wasn't necessary because WiMax would meet all our needs. WRONG. And then it didn't take long before fiber was supposedly unnecessary because 4G LTE was going to do everything except solve world hunger. WRONG. 4G remains a complement to fiber, not a substitute.

When I talk to people that have only 4G and not a wired service in their homes, they usually complain - whether it is the cost, reliability, or some other factor. And when you look closer at 5G, it is clear that FTTH continues to be a smart investment. And when building a FTTH network, you have an opportunity to lease fiber to those deploying 5G, another revenue source.

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Google is not scared of the possibility of 5G making fiber uneconomic. Google is frustrated at the pace of deployment because both pole owners and the networks already attached to utility poles can dramatically slow critical access to those poles by using every day of their allotted time to make a pole ready for a new attacher. 

This is not about city permitting - we have once again seen that even when cities bend over backwards to ease deployment access, it is the incumbent providers that continue to be the biggest barriers to new investment (this reinforces a CTC report that communities could reduce outside plant costs by 8 percent at most). There is just no way getting around the mismatch between private sector business models and the need for critical infrastructure. It is capital-intensive and offers a slow return, especially when done correctly.

The Private Sector Needs You

The private sector, Google included, simply cannot solve this problem alone but cities can change the calculus. Phil Dampier agrees. Blair Levin has been making this case for years - see the Next Generation Network Connectivity Handbook [pdf], for instance. But take care with those that are too focused on private investment. Cities need to be very careful in partnerships and should not rely too much on the private sector - our report offers suggestions for how to get the right balance.

Google is taking a pause, but it should be a kick in the pants for the rest of us. Time to get busy building the infrastructure of tomorrow - because some cities already have it today and we don't want to let them have all the fun.

AT&T Makes Good On Threats, Sues In Nashville

AT&T lawyers filed suit against Nashville just two days after Mayor Megan Barry signed the new One Touch Make Ready (OTMR) ordinance into law. The Metro Council passed the proposal for the final time, and sent it on to the Mayor, on September 20th.

Seeking Out Streamlining

OTMR was proposed by Google Fiber, which wants to enter the Nashville market by deploying an aerial fiber network. In order to do that, they need to attach fiber-optic cables to utility poles around town, but the current process is cumbersome and will significantly delay the rollout. OTMR streamlines the procedure but would allow some one other than AT&T to manage the rearrangement of wires on all poles in the Nashville rights-of-way. The telecom giant owns about 20 percent of the poles in Nashville; the city’s electric utility, NES, owns the rest.

Three Arguments

AT&T seeks a permanent injunction to stop the city from enforcing the new ordinance. They argue the city does not have the authority to enforce the ordinance - that role is within federal jurisdiction through the FCC.

They go on to state that the Metro Council does not have the authority to pass the ordinance because, according to the city charter, only the Electric Power Board the has the right to pass regulations that deal with issues related to equipment, such as poles and the cable on them. 

AT&T also asks that the court grant a permanent injunction on the basis that they already have a contract with the city relating to AT&T’s wires that are on NES poles. The contract allows the company to handle its own wires and enforcing the ordinance would basically nullify that component of the contract.

What This Is Really About

AT&T filed a similar suit in Louisville earlier this year when the Metro Council there passed OTMR; that suit is still ongoing. Google Fiber wants to serve both communities and, in typical AT&T fashion, the telecom giant is attempting to use the courts to put a block on them. Even before the final Metro Council vote, AT&T threatened to sue if the measure passed. “The short answer is the One Touch Make Ready proposal Google has offered is a proposal that we expect would result in litigation,” said Joelle Phillips, President of AT&T Tennessee. Mayor Barry had asked that the ISPs and NES all work together to come up with an agreement but AT&T was determined to slow Google Fiber’s deployment, hindering its success.

Lawyers On Loan

Google Fiber has offered assistance to Nashville in the form of its legal team. Before the final vote, Google’s parent company Alphabet had already committed to helping out:

“Google Fiber is disappointed that AT&T has threatened to go to court in an effort to block Nashville’s efforts to increase broadband competition should the OTMR ordinance pass,” Fleur Knowlsey, senior counsel of Alphabet’s Access group, which manages Google Fiber, wrote in an email to the council on Monday.

“We believe the city's commonsense initiative will be upheld in the face of any litigation. We know, however, that litigation can be challenging and expensive. In the event of OTMR litigation, Google Fiber will therefore be glad to share the capabilities of its in-house and outside attorneys, including some of the most experienced and accomplished regulatory attorneys in the industry.”

Read the complaint here.

Nashville: One Touch Make Ready Moves Forward

On September 6th, the Nashville Metro Council approved a proposed One Touch Make Ready (OTMR) ordinance by a wide margin of 32-7 on a roll call vote (computers were down). This was the second vote to advance the ordinance, designed to streamline deployment of fiber-optic networks in a city looking for better connectivity. Elected officials responded to Nashville residents who flooded their council members’ offices with emails.

The Nashville Metro Council will take up the ordinance one last time; passage could speed up competition in the country music capital. Google Fiber has been pushing for a OTMR, while incumbents AT&T and Comcast look for a non-legislative solution to the problem of the poles while protecting their positions as dominant Internet Service Players (ISPs).

Caught Between A Rock And A Hard Stick

The city of Nashville sits on limestone, a rock that cannot support the trenching and underground work of fiber deployment. The only other option is to use the utility poles. Eighty percent of the poles are owned by the public utility Nashville Electric Service (NES), but incumbent provider AT&T owns the other 20 percent. Google Fiber says it needs to attach fiber to 88,000 poles in Nashville to build its network and about half of those (44,000) need to be prepared to host their wires. 

Pole attachments are highly regulated, but there are still gray areas. Susan Crawford provides an overview of the policies and regulations on BackChannel; she accurately describes how poles can be weapons that guard monopoly position. Currently, each company that has equipment on the poles must send out a separate crew to move only their own equipment. This process can drag on for months. The OTMR ordinance is a deceptively simple solution to this delay. 

Deceptively Simple, But Regulated

At its simplest, OTMR means that one crew moves everything; the ordinance under debate in Nashville is actually more complicated than that. (Read the Nashville OTMR ordinance here.)

If Company A wants to add equipment to the poles, it still has to go through an attachment application process. Once approved, the owner of the pole (let's call them, PoleCo) can then require Company A to use specific contractors. 

If Company A rearranges or alters equipment that belongs to PoleCo or some other company that may have equipment on the pole, then they have to notify the owner of the equipment within 30 days. The company whose equipment has been altered, has another 30 days to conduct a field inspection with PoleCo.  

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If the pole requires complex work, then every company already on the pole gets 30 days notice to move their equipment. If those companies do not comply after 30 days, then Company A can perform the complex make-ready work. If there are any errors or problems from Company A's make-ready work, the companies already on the pole can recoup expenses. 

NES explained the basics of the current process and the idea behind OTMR in their newsletter. The public utility did not take a positive or negative position on the ordinance, choosing instead to focus on the final result:

"NES is dedicated and cooperative towards finding a resolution that will accommodate the efficient and effective deployment of broadband services that promote customer choice and competition and improve the lives of the citizens of Nashville."

The Incumbent Providers: Comcast and AT&T

Nashville Mayor Megan Barry has remained neutral on the policy, but has encouraged NES and the tech giants to reach a mutually beneficial solution for the good of the community. If the councilmembers approve the ordinance a final time, it will go to her desk for a signature.

AT&T may be preparing for a lawsuit against Nashville if this is the case. They already have an ongoing legal fight in Louisville, Kentucky, over OTMR. AT&T argues that the ordinance change would conflict with their contracts with NES and the union. The Nashville Metro Council Attorney Mike Jameson analyzed the ordinance for the Council and determined that Nashville clearly has the power to regulate the NES’s utility poles, but perhaps not the privately owned utility poles. 

Comcast, meanwhile, has claimed that the NES’s attachment application process is a source of delay (i.e. that Google Fiber is blaming the wrong process). Comcast is experiencing 90-100 days of processing for their applications to NES. The contractual obligation between Comcast and NES is 45 days to process applications, but Comcast has also “exponentially” exceeded the number of poles that they can apply for in a month under that contract, according to NES official Nick Thompson in the Tennessean.

Meanwhile, Councilmember Anthony Davis, a cosponsor of the OTMR ordinance also told The Tennessean that Google Fiber is not experiencing the permitting delays because it has already worked out a contract with NES. 

The Final Vote

In two weeks, the bill returns for a final vote on September 20, 2016. Councilmember Jeremy Elrod, one of the bill’s cosponsors, described the last vote on September 6, 2016 in The Tennessean:

"This is an extremely big step forward, an extremely big net positive for Nashville, for internet competition. … It increases competition, increases telecom and Internet investment for [us] as a city and our citizens as a whole."

Photo of utility workers courtesy of FEMA through a Creative Commons license.

Nashville Considering One Touch Make Ready

In 2015, Nashville welcomed Google Fiber with open arms, anticipating all the possibilities gigabit connectivity could mean for businesses and residents. The deployment is moving slowly, however, in part because of time consuming make ready work on utility poles. In order to speed up the process and establish better policy for the city in general, Nashville has just introduced a one touch make ready ordinance.

Too Many Wires

A recent Nashville Scene article described the situation, common in a number of communities where utility poles already carry a number of wires:

The thousands of poles that stand around the city, most of which are owned by Nashville Electric Service, are arranged with power on top and communications equipment in a line below that. In Nashville, this means NES equipment pushes electricity up top, while broadly speaking, gear from Comcast and AT&T — whether for home phone, cable or internet service — operates below. 

Enter Google Fiber. Because Nashville largely sits on a massive bed of limestone rock, running cable underground is, for the most part, not a viable option. That means Google has to join its new friends in the industry on the poles, through a process known as Make Ready. In a typical scenario, that involves Google — or any other new company trying to enter the market or get on a particular pole — notifying NES, which will then notify each telecom company that it needs to send a crew to the pole — one after another — to move their equipment and accommodate the new party. The process can take months, even if contractually mandated time frames are followed. Google Fiber officials and operatives working on their behalf suggest that’s not always the case. 

One-Stop Approach

One touch make ready will allow one entity the ability to move all the wires from all the entities at one visit. Louisville, Kentucky, has enacted one touch make ready but AT&T and Frontier have joined forces to sue the city to stop it. The policy cuts costs and streamlines deployment for new entrants, thereby encouraging competition, so incumbents are not fond of the idea.

Nevertheless, the state's Department of Economic and Community Development (TNECD) recently released the results of a study which included one touch make ready one of several recommendations. Enacting the policy is a way to control poles and proactively handle many of the disputes that can arise between entities that use them.

Learn more about Louisville's approach to one touch make ready; listen to Christopher interview Ted Smith, the city's Chief Innovation Officer, in Episode #193 of the Community Broadband Bits podcast.

Muni Fiber Tennessee Twofer: Columbia and Pulaski - Community Broadband Bits Podcast 189

We cover a lot of Tennessee ground in this week's Community Broadband Bits podcast - episode 189 - from a cable network to muni Fiber-to-the-Home; Columbia to Pulaski. Wes Kelley, the Executive Director of the Columbia Power and Water Systems is our guest to talk about Columbia's cable and Pulaski's fiber.

He cut his teeth working with a Michigan community's public utility that ultimately decided not to get involved in telecommunications. But he moved on to build out a citywide fiber network in Pulaski before ultimately moving to Columbia, which was the last community in the United States to build a cable system (since then it has been all fiber).

He shares some of his lessons along the way, tips for customer service, and Columbia's plans for the future with their cable system. He also has some choice words for the big content owners that make the cable television business all but impossible for any reasonably sized cable operation.

The transcript from this episode is available here.

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

This show is 30 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 can download this Mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Kathleen Martin for the music, licensed using Creative Commons. The song is "Player vs. Player."

"Little Gig City" And Friends Go to Nashville to Fight for Local Authority

As the people of Tennessee wait for the court to determine their broadband future, state and local leaders in Nashville are hearing municipal network advocates and foes.

The bipartisan Tennessee Advisory Commission on Intergovernmental Relations, anticipating state legislation aimed at removing state anti-muni laws next session, recently heard from advocates of municipal networks. Those in favor of keeping state barriers in place also took a seat at the table. The Commission includes state legislators and local community leaders. The Sixth Circuit Court of Appeals is now considering Tennessee's petition to vacate FCC's February decision to overturn state laws against local authority.

The Same Old Argument

The Tennessee Cable Association (TCA), representing large incumbent cable providers, repeated the same misinformation we have heard before - that municipal networks are "failures." Their lawyer pointed to debt as proof-positive that "these communities that have gone into this business have done very poorly," reported the Johnson City Press.

Chattanooga's EPB President Harold DePriest summed up the weakness of that statement when he said, “It’s the same reason you have a 30-year mortgage on your house, instead of a 5-year mortgage.” It's about long-term vision and planning.

A number of representatives from Tennessee communities served by municipal networks attended the meeting and presented the facts. Chattanooga's world-famous fiber network is often in the limelight, but smaller Tennessee towns with networks like Erwin and Jackson have benefitted from their investments and other communities, such as Cleveland, have plans to follow suit.

Erwin Making Strides

Erwin Utilities sent fiber optic engineer John Williams who called out TCA for using the word "failure" and describing it as a mischaracterization. Williams noted that Erwin Utilities, who initiated a pilot project last March, is already serving 200 of 300 potential customers after only 7 months of operation. Customers in Erwin have access to symmetrical 25 Mbps, 100 Mbps, and 1 Gbps connectivity along with telephone service. Internet access from Erwin Utilities is available for $49.95, $69.95, and $199.95 respectively; you can call Erwin "Little Gig City."

The fiber system was originally deployed to manage the electric utility smart meter system, so much of the infrastructure is already in place.

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Erwin has not incurred any debt to deploy its fiber pilot project, says Williams. The utility has taken an incremental approach, leasing out excess capacity from the electric system and using proceeds to build out one section at a time. For phase one, scheduled to start any day, Erwin Utilities only needs 15 percent of current electric customers with smart meters to sign up for fiber-to-the-home (FTTH) services for the network to pay for itself. They plan on offering FTTH across the entire service area within five years.

A small town like Erwin, population 6,000, does not have the density to attract large providers for fast, affordable, reliable connectivity. Their municipal utility has a plan to serve people which will not violate Tennessee's state restrictions, but Williams spoke before the Commission in support of removing those limitations:

I would argue that every municipal broadband deployment has been successful...The biggest thing we like to point out about municipal projects, specifically ours, is the availability to rural customers who may be underserved by existing services. In Unicoi County, only 75 percent is covered by a cable company, so 25 percent of our electric service area doesn’t have access to broadband.

A Cooperative Point of View

In addition to Erwin Utilities, Cleveland Utilities CEO Ken Webb and Ben Lovins, Senior Vice President from Jackson Energy Authority's Telecommunications Division (JEA) supported the notion of removing state prohibitions blocking Chattanooga, Erwin, and others from expanding to other areas. Also providing perspective was Tennessee Electric Cooperative Association's Mike Knotts, reported the Chattanoogan.

Knotts drew a parallel between the expansion of broadband today and the roll out of electrification in the 1930s in which rural cooperatives played in instrumental role. He suggested nonprofit entities with the ability to spread costs out over long periods of time, rather than private companies, would be the best option to get the job done once again:

That was the very simple magic that took, in 10 years, less than 10 percent of American farms being electrified to 100 percent — not much more in the secret sauce other than that.

Pilots and Plans: It's All About The Local

In addition to serving 18,000 customers, the JEA telecom division brings in annual revenue of approximately $30 million, according to Lovins. Small-businesses, students, and ratepayers are only a few of the many who benefit. Lovins went on to provide numerous examples of how the investment has improved the quality of life in Jackson.

The network has kept the town competitive when, in the late 1990s, the incumbent provider told community leaders there was no need to upgrade because Jackson didn't need high-speed connectivity. Lovins told the Commission, "All of this was achieved through local choice, no taxes and no government funding."

Cleveland's Webb advocated for striking down the law because it prevents the Chattanooga EPB from serving neighbors who want and need fast, affordable, reliable service.

Cleveland, also working on a pilot project, points out that access to connectivity is no longer a luxury. The community's pilot project aims to fill in gaps in service created by poor coverage from incumbents. According to Webb, he recently spoke with a local attorney who finally obtained adequate Internet access at office after 24 years of requests to the local incumbent. Cleveland leaders don't want to wait another 24 years to fill the gaps in service that plague local businesses.

Webb told the Commission:

Cleveland wants to offer its citizens the absolute best that we possibly can. … We don’t want to fall behind in Cleveland.

Legislative state barriers accomplish nothing except prevent better connectivity in urban and rural areas. Local communities feel the impact of local decisions. As the Court considers the Tennessee petition, they will understand local communities better if they take to heart the words of JEA's Ben Lovins:

Give local leaders the choice to work solutions that best fit their communities and that includes allowing our municipal systems to work together to help our neighbors.