FCC Chairman Tom Wheeler released a statement yesterday supporting the concept of local authority for community broadband infrastructure. Chattanooga and Wilson filed petitions to scale back state restrictions last summer. In his statement, Wheeler officially recommended the Commission approve the petitions. If approved, the petitions have the potential to liberate local communities from state restrictions. 

Along with a number of other organizations that advocate local authority, the Institute for Local Self-Reliance supports Chairman Wheeler who said:

Communities across the nation know that access to robust broadband is key to their economic future – and the future of their citizens. Many communities have found that existing private-sector broadband deployment or investment fails to meet their needs. They should be able to make their own decisions about building the networks they need to thrive. After looking carefully at petitions by two community broadband providers asking the FCC to pre-empt provisions of state laws preventing expansion of their very successful networks, I recommend approval by the Commission so that these two forward-thinking cities can serve the many citizens clamoring for a better broadband future.

Chris Mitchell, Director of the Community Broadband Networks Initiative at ILSR.org and the editor of MuniNetworks.org said:

The Chairman's statement is a breath of fresh air. This approach will allow communities with little or no choice in providers to take control of their own connectivity. When local communities have the authority to invest in publicly owned infrastrucuture without state barriers, more businesses and residents have fast, affordable, reliable Internet access. Even just the possibility of a community network can incent large scale providers to improve their services. We are pleased to see Chairman Wheeler both talk the talk and walk the walk of restoring local decision-making authority.

A statement of support quickly followed from the Georgia Municipal Association:

Yet another major news outlet has endorsed the President's position in support of local telecommunications authority. On January 26th, the Boston Globe went on record to endorse the concept, urging the FCC and Congress to work together to ensure local communities have the right to make their own connecitvity decisions.

The Globe suggested that, rather than allowing the FCC to take the lead with the Wilson and Chattanooga petition decisions, federal lawmakers take action:

A better approach would be for Congress to settle the issue itself, by preventing states from interfering with cities and towns that want to start their own Internet services.

The Globe Editors note that rural areas are the hardest hit by large corporate provider indifference, that it is those same parties that drive the state barrier bills, and that, "This status quo is bad for customers everywhere."

Globe Editors get behind a bill recently introduced by Cory Booker, Claire McCaskill, and Ed Markey that wipes out state barriers in the 19 states where they exist and prevents state lawmakers from enacting new ones. The Globe acknowledges that the support is lopsided today...:

But this shouldn’t be a partisan issue, and it isn’t one on the local level. Red states like Georgia, Kentucky, Iowa, Oklahoma, and Utah all have successful municipal Internet programs. Politicians tempted by campaign contributions from the telecommunications lobby, or skeptical of any proposal backed by President Obama, should remember that consumer protection is an issue that voters of all stripes support.

President Obama's recent appearance in Cedar Falls infused adrenaline into the debate about local authority for telecommunications decisions. As a result, some of the media outlets from large cities are now coming out in support of local authority. The Editorial Board of the LA Times published an opinion on January 21st supporting the notion of restoring local authority in states where laws prevent community decision making.

The Times recognizes that rural areas will benefit most from reversing these restrictions, that the restrictions need to be removed for us to compete globally, and that there are numerous municipal networks that are up to the challenge of improving connectivity. The LA Times also recognizes the value of public-private partnerships in New York and in other places where local government has forged productive relationships with the private sector.

Editors at the LA Times boil it down to one tenet:

Regardless, the decision about whether a local agency should get into the broadband business should be left to the people who bear the risk — local officials and the people who elect them.

On January 14th, President Obama visited Cedar Falls, Iowa, to share his strategy to expand high-speed connectivity to more Americans, encourage competition, and galvanize economic development. Obama's plan centers around community networks and he announced that the next step will be eliminating barriers in 19 states that usurp local authority to invest in publicly owned infrastructure.

From his remarks [C-SPAN Video below]:

Today, I'm making my administration's position clear on community broadband. I'm saying I'm on the side of competition. And I'm on the side of small business owners... I'm on the side of students and schools. I believe that a community has the right to make its own choice and to provide its own broadband if it wants to. Nobody is going to force you to do it, but if you want to do it, if the community decides this is something that we want to do to give ourselves a competitive edge and to help our young people and our businesses, they should be able to do it.

The Obama Administration, through the Department of Commerce, recently sent a letter [PDF] to Chairman Wheeler to request the FCC use its authority to end state barriers that block local public investment. The Hill noted the letter and the President's speech together put gentle pressure on the FCC to take steps to restore local authority. The Hill also gave space to the cable industry, naturally opposed to restoring local authority after millions of lobbying dollars invested in passing anti-competitive legislation.

InfoWorld also pointed out cable industry opposition to the Obama proposal, noting that they were ready to mount a strong offense and will likely join Congressional Republicans to fight any roll-back of state barriers. A decision from the FCC on whether or not to change state laws in North Carolina and Tennessee is expected in February.

In 1927 Congress created the Federal Radio Commission, endowed with the power to assign wavelengths. It began aggressively doing so, booting hundreds of small stations off the air, to produce “clear channels” for the big firms—wide-open zones where they could broadcast with no interference. Amateur time was over, as the FRC explicitly warned in a memo: “There is not room in the broadcast band for every school of thought, religious, political, social, and economic, each to have its separate broadcasting station, its mouthpiece in the ether.”

This week in Community Broadband networks... partnerships, cooperatives, and going-it-alone. For a background in muni networks, check out this recent article from FiscalNote. The article highlights Kansas and Utah's fight for improving beyond the minimum speeds. 

Speaking of minimum, the FCC announced its new "rock bottom" for regulated broadband speeds. Ars Technica's Jon Brodkin reports that despite AT&T, Verizon, and the National Cable and Telecom Association's protests, ISPs that use government subsidies to build rural broadband networks must provide speeds of at least 10 Mbps for downloads.

Rural Americans should not be left behind those who live in big cities, the FCC announcement today said. "According to recent data, 99 percent of Americans living in urban areas have access to fixed broadband speeds of 10/1, which can accommodate more modern applications and uses. Moreover, the vast majority of urban households are able to subscribe to even faster service," the FCC said.

The FCC plans to offer nearly $1.8 billion a year to carriers willing to expand service to 5 million rural Americans. 

This is a step in the right direction, but we are alarmed to see a download:upload ratio of 10:1. People in rural areas need to upload as well as download - our comments to the FCC strongly recommended raising the upstream threshold as well and we are very disappointed to see that remain a pathetic 1 Mbps.

And, from TechDirt's own "who can you trust if you can't trust the phone company department," Karl Bode found that a study by the AT&T-funded Progressive Policy Institute concluded that if Title II regulations were passed, the nation would be "awash in $15 billion in various new Federal and State taxes and fees. Bode writes that the study cherry-picked and conflated data:

Last month, the U.S. Government Accountability Office (GAO) released a report warning of the possibility and potential consequences of ISPs instituting data caps in their fixed line plans. In effect, this could mean applying something like the tiered service charges based on usage levels that we see in the mobile sector to broadband connections in the home or office. But whereas the vast majority of Americans have a reasonable range of choice between several major and minor carriers for mobile service, the GAO notes that the same is not true in the market for broadband, which could lead to ISPs using data caps (or usage-based pricing (UBP) in their parlance) in various harmful ways:

...providers facing limited competition could use UBP [usage-based pricing] to increase profits, potentially resulting in negative effects, including increased prices, reductions in content accessed, and increased threats to network security.

The GAO has provided the FCC with a copy of its report, and urged that the agency take action on the issue, including systematically tracking information on how many consumers are impacted by fixed providers instituting data caps and developing a voluntary code of conduct for the industry. According to Ars Technica, the FCC has taken a skeptical stance on the issue, despite Chairman Tom Wheeler’s outspoken concerns on the lack of competition in the fixed broadband market. Pointing to the small number of consumer complaints on the issue so far, the FCC asserted that “it is unclear that any action is needed at this time.”

Usage caps do not just affect sophisticated users with bandwidth-intensive jobs or hobbies that require them to transfer large design files or generate and share multimedia content. This has the potential to affect kids and adults doing homework or taking classes online, people who hope to cut the cord from traditional television providers, and telecommuters. From the GAO study:

Discussion over the "IP transition" has taken a back seat in the media lately as news outlets focus on the question of local authority over the right to invest in fiber network infrastructure. The IP transition is the gradual change from older analog mostly copper networks to packet-switched IP approaches that may use any medium (copper, fiber, wireless, etc). Some big carriers, like AT&T, are pushing to change the traditional rules applied to telephony and telecommunications as part of this technological change.

In October, Kojo Nnamdi interviewed Jodie Griffin from Public Knowledge, Technology Reporter Brian Fung, and Rick Boucher, a lobbyist from the Sidney Austin law firm. The show, The Future of Phone Service, is archived and available for you to hear.

As technology creates options for how we speak with each other, rules, regulations, and policies must also stay current. In this interview, Nnamdi and his guests touch on some of the basic concerns we face moving forward. From the WAMU show description:

American phone companies began laying the nation’s vast copper wire telecom network in the 1800s. But today less than one-third of the country uses the old copper lines, and a mere 5 percent rely on them exclusively. The advent of fiber optic cable and wireless phone service makes the copper network obsolete. We explore the fate of landline phone service and concerns about pricing, safety and access as the nation transitions to an all-digital phone future.

If you are interested in learning more about the pros and cons in the IP transition debate, we encourage you to visit Public Knowledge's IP Transition issue page. They provide legal, anecdotal, and statistical data. PK also provides an advocacy toolkit to help you understand the transition and give you the info you need to defend your rights.

"The FCC should be extremely wary of any arguments that claim paid prioritization or other discriminatory practices are necessary to increase investment in next-generation networks."

-- ILSR, July 18, 2014

For months the FCC has considered comments from the public as it examines network neutrality. There have been more than 3 million submissions; a vast majority of them were in favor of network neutrality and opposed to Internet "fast lanes." Clearly the American public values a nondiscriminatory flow of information over paid prioritization.

While the issue has not been completely absent from the media radar, it has quieted down until earlier this week. President Obama stated that he favored reclassification of Internet access to a Title II service. Big ISPs like Comcast, AT&T, and CenturyLink immediately reacted negatively to the prospect of regulations and obligations similar to other utilities.

Show Details:

The Daily Circuit: In order to sift through what all this means, MPR contacted Chris to visit with them on the Daily Circuit. Listen in Thursday, at 9:06 am as they address consequences, alternatives, and possible next steps.

Join the conversation: 651-227-6000. Host Tom Crann will also be interviewing Chester Wisniewski Sr., Security Advisor from SOPHOS, Inc. in Vancouver, BC, who will offer an international perspective.

It's a call-in show - your questions will keep the conversation moving!

An increasing number of Americans are abandoning their landlines for the convenience and economy of mobile devices. Unfortunately, doing so also makes it more difficult to locate the caller in an emergency. In order to correct the problem, the FCC has proposed a stronger set of rules that will increase location accuracy for 911 calls.

As can be expected, 911 Dispatchers and First Responders support the proposed rules. Public Knowledge recently wrote about the changes that could save an additional 10,000 lives per year.

Currently, wireless companies are not required to use specific cell tower information to lead emergency medical personnel to an apartment or the floor from which a call originates. They need only to supply specific information if the call is made from outdoors. As more and more people depend on mobile devices, both indoors and out of doors, our rules need updating.

Public Knowledge has posted a call to action to support stronger rules and ensure more successful rescues:

As a result of consumers’ growing reliance on wireless and reported failures in locating callers on time, the FCC has proposed rules that require carriers to give 911 dispatchers callers’ locations within 100 meters after their first connection with a cell phone tower, and 50 meters after the dispatchers search using location accuracy, such as GPS. They have also included a requirement for vertical location, or the ability to find what floor and building callers are located in.

We encourage you to read and sign the petition drafted by Public Knowledge and to let the FCC know that policy needs to keep pace with technology.