Communities all over Colorado have voted to reclaim local authority during the past year. Even though elected officials in Fort Collins are exploring the municipal network option, the City Council has yet to present the question to voters. Editors at the local news outlet, the Coloradan, recently expressed their support for a municipal broadband network, urging community leaders to let voters decide.

The Editorial Board focuses on the benefits Fort collins can expect from increased economic development, telemedicine capabilities, and relieved congestion from telecommuting. They see Internet access as one of the essential services cities provide such as water and electricity. The Editorial Board notes that city leaders have already budgeted $300,000 to create a strategic plan that includes community broadband.

The Board acknowledges that there are many unanswered questions - funding, cost, motivation for a deployment. Yes, questions need to be answered along the way, but it is time to move forward:

One hurdle is a 2005 state law that bans municipalities from starting their own telecommunications service, however, either a local vote or a federal waiver could override the law.

The time is now to sidestep the ban and approve municipal broadband.

Parts of rural central Missouri have some of the fastest Internet service available thanks to fiber service from Co-Mo Electric Cooperative and United Electric Cooperative. The two have worked together to bring gigabit FTTH to cooperative members in central Missouri. Now that they have proven that people and businesses want high capacity connectivity, CenturyLink is about to enter the scene. The company plans to use millions of dollars in Connect America Funds (CAF) to build in areas already served by the cooperatives.

After years of planning and hard work, Co-Mo and United are not taking the threat lightly. They have filed challenges with the Wireline Competition Bureau but CenturyLink's Inside-the-Beltway power has thus far served them well. The Wireline Competition Bureau denied a challenge by Co-Mo and United but the decision appears to contradict established policy. Co-Mo and United recently appealed to the FCC asking them to review the Bureau's Order allowing CenturyLink to use over $10 million in CAF. [Read the Application for Review here.]

CenturyLink argues that Co-Mo and United are not providing voice services because they are working with a third party, Big River Telephone Company, to bring VoIP to members. If this were true, it could disqualify them as providers and lend credence to the argument that there are census blocks in the area that are not served. Because Co-Mo and United install, take phone orders for subscribers, and service phone switches, they should qualify as a provider of land line voice services. 

CenturyLink also asserted that census block information showed areas unserved even though those areas now have access to fiber connectivity from Co-Mo and United. General Manager of Co-Mo Connect Randy Klindt told us that the timing of their build prevented Co-Mo from providing an active customer in each block, but that service is available to people who live there. Even though it is not a requirement, Co-Mo and United now have detailed information that prove people in those census blocks can, and do, take FTTH service.

The Village of Bald Head Island, North Carolina, recently released a Request for Proposals (RFP), in its search for an FTTP network. The Village, home to about 160 year-round residents, is accessible only by ferry. Transportation on the island is limited to feet, bikes, and electric golf carts. While they may choose slower transportation methods, the people of the island want speed when it comes to Internet access.

Members of the community began working on the idea in the summer of 2013 as part of an initiative that involved several challenges facing this quiet community. They determined that the economic health of local businesses and quality of life depended on improving access, traditionally provided by AT&T and Tele-Media.

Real estate professionals on the island noted that lack of broadband interfered with the housing market. According to the RFP:

Adequate broadband service is at such a premium that current real estate transactions require conveyance of current Internet service. Otherwise, new installations can take a very long time. Inadequate broadband is a known and aggravating hindrance to daily operations of local businesses. There is very strong demand from prospective real estate buyers for high-speed broadband. Current services are of inadequate quality, and worsen in bad weather and during peak usage.

After reaching out to incumbents and potential new providers, Bald Head Island's Village Council chose to open up the possibilities and issue an RFP.

While the number of year round residents is small, part-time housing, vacation rentals, and local businesses catering to tourists are plentiful. As a result, a fiber network could reach approximately 2,500 premises. The population of the island varies based on holidays, with the number of people as high as 7,000. Community leaders expect it to increase significantly when fiber comes to the island.

We reached out to Calvin Peck, Village Manager:

"We are looking for a partner. We think fiber to the home is the way to do it. At this point there is no broadband on the island that fits the FCC's definition."

Editorials and opinion pieces in favor of local telecommunications authority have been popping up more frequently in recent months. The benefits of increased competition due to the presence of municipal networks has become hard to ignore. Recently, we noticed a commentary published on CNBC from Seth Bailey, chief strategist at iTOK. Bailey supports the February FCC decision that peeled back restrictions in Tennessee and North Carolina. 

Bailey describes the role of munis:

In a fight against this Internet injustice, more than 450 communities have created publicly-owned high-speed fiber-optic networks. Known as municipal broadband, these providers offer Internet services to their areas which are roughly 50 to 100 times faster than the offered cable or DSL connections. In short, municipal broadband allows those in rural areas to have high-speed access similar to that offered to residents of urban areas. Which means the quality of their technological lives do not suffer due to their addresses.

iTOK, a company that focuses on technology support, consumer service, and small business tech assistance, wants to see more restrictions struck down:

To that end, we call on the FCC and state legislators to challenge these laws on a more frequent basis and accelerate the competition among Internet providers. The reality is that if the U.S. wants to stay on the cutting edge of technology and continue to lead global markets in the technological revolution, we cannot allow large corporate ISPs to put restrictions on the type and quality of Internet connection speeds. The government should enact legislation immediately to require ISPs to provide the highest possible speeds to the largest group of people and let whoever can provide the best service win. If that's a large ISP or a municipal ISP it shouldn't matter. Fast, stable and affordable internet is something that everyone should have access to regardless of where they live.

It took a while, but the State of North Carolina finally decided to take its turn at the throat of the FCC. Attorneys filed a Petition for Review in the 4th Circuit Court of Appeals similar to the one filed by the State of Tennessee in March. The Petition is available for download below.

Our official comment:

"Attorney General Cooper must not realize the irony of using state taxpayer dollars to ensure less money is invested in rural broadband, but we certainly do," says Christopher Mitchell with the Institute for Local Self-Reliance. "State leaders should stand up for their citizens' interests and demand good broadband for them, rather than fighting alongside paid lobbyists to take away those opportunities."

Like Tennessee, North Carolina makes an attempt to stop the FCC's well-considered Opinion and Order by arguing that the FCC overstepped its authority in violation of the Consitution. The FCC addressed this argument in its Opinion and Order along with a myriad of other potential arguments. For detailed coverage of the FCC's well-considered decision, we provided information on highlights of the decision back in March.

According to WRAL, Wilson is taking the new development in stride:

The City of Wilson was not surprised that North Carolina sued.

"We are aware of the suit," said Will Aycock, who manages the Greenlight network. "We knew that this would be an ongoing process."

The Attorney general's has not contacted Wilson about the suit, he added.

On April 17th, FCC Commissioners voted unanimously to expand the use of spectrum previously reserved for U.S. Army and Navy radar systems. The FCC Report and Order creates the Citizens Broadband Radio Service (CBRS) which establishes rules for shared use by licensed and unlicensed users.

This is a step forward to ensuring we are getting the most use out of the spectrum - by allowing different entities to share the spectrum when it is not being used in some geographic areas for the purpose it was originally allocated for. Milo Medin of Google explained this plan at Freedom to Connect - watch his presentation here.

According to the FCC Press Release [PDF], sharing will be managed with a three-tiered approach:

In addition to the protected incumbent tier, the Report and Order authorizes two commercial tiers of use in the Citizens Broadband Radio Service. The General Authorized Access tier, which allows any user with a certified device to operate without seeking any further Commission approval, will permit low-cost entry into the band, similar to unlicensed uses. A Priority Access tier will make geographically targeted, short-term priority rights to a portion of the band available through future spectrum auctions. One or more Spectrum Access Systems, operated by private commercial entities, will facilitate coexistence among the different user tiers.

Public Knowledge applauded the decision. Senior Vice President Harold Feld:

Today’s FCC’s actions lay the groundwork for changes in the very way we use wireless, allowing different levels of interference protection and network architecture that will make the wireless world of the future as radically different as the smartphone and the WiFi hotspot are from touchtone phones and the CB radios.

New America's Michael Calabrese, Director of New America's Wireless Future Project commended the FCC and pushed for more action:

Last week, the New York Times reported that the “outpouring of thoughtful and positive comments” Comcast has received for their Time Warner Cable proposed merger is much more than it’s cracked up to be. We are shocked, shocked, to learn that organizations receiving a lot of Comcast charity are endorsing its merger plans.

After a hasty staff meeting, we decided that for a mere $250,000 we too, could see the benefits of this monopolistic mega-merger. We know they ghostwrite many of their most favorable letters, but we want to save them the trouble, by providing our own glowing endorsement. 

Dear Chairman Wheeler,

After careful consideration,  we wish to share our strong support for the Comcast/Time Warner Cable merger. Firstly, we want to make absolutely clear that our endorsement of this union has absolutely nothing to do with $250,000 generously donated to our organization, no strings attached, by Comcast. After years critiquing  their slack customer service, their perennially rising prices, and their lobbying to prevent real competition, we now think a merger between the two most hated companies in America is a way awesome idea!

We support the company’s efforts to announce gigabit speeds while charging high enough prices to ensure no one calls their bluff. We hope that the merger doesn’t distract Comcast from its efforts in Philadelphia to never pay municipal property taxes or to ensure low wage workers have no sick days in the City of Brotherly Love. 

Comcast must continue to prove growth is a breeze to satisfy stockholders while simultaneously arguing that, gadzooks FCC! how do you expect us to grow under Title II?! As DSL Reports points out, contradicting itself just doesn't work:

At the time [of the FCC's proposal to implement Title II regulations], Comcast CFO Michael Angelakis proclaimed the switch to Title II introduced "higher uncertainty" into the company's broadband investment strategy. Meanwhile, top lobbyist David Cohen was quick to insist in a blog post that we'd see an immediate investment hit should the FCC proceed with its plans:

quote:

"To attempt to impose a full-blown Title II regime now, when the classification of cable broadband has always been as an information service, would reverse nearly a decade of precedent, including findings by the Supreme Court that this classification was proper. This would be a radical reversal that would harm investment and innovation, as today's immediate stock market reaction demonstrates."

DSL Reports points out that the change has not slowed down Comcast's desire to invest or innovate:

So what are we to make of Comcast's announcement that it's making a major investment to push 2 gigabit fiber to 18 million homes before the end of the year, followed by a major DOCSIS 3.1 push in 2016? While more speed to more people is a welcome announcement by any measure, Comcast's pretty clearly interested in charming the regulators currently considering the company's $45 billion acquisition play for Time Warner Cable. 

Comcast must perform a tightrope act to rival the Flying Wallendas to keep everybody happy and achieve its goal of world domination.

Oddly enough, we believe Comcast is lying about both things! Its supposed upgrade to 2 Gbps is smoke and mirrors AND there continues to be no evidence that outlawing paid prioritization will reduce investment beyond the status quo. 

Senator Janice Bowling and Representative Kevin Brooks have decided to table their legislative efforts to remove state restrictions in Tennessee. While backing for SB 1134 and HB 1303 was growing beyond the walls of the state Capitol, the sponsors decided to shore up stronger legislative support rather than risk derailing the bill entirely. 

Brooks told the Tennessean:

"We have had a lot of good progress, and we don't want to throw it all away," Brooks said. The votes were not there in the Senate, and he and co-sponsor state Sen. Janice Bowling, R-Tullahoma, have asked to roll the bill to the beginning of the 2016 calendar, giving them more time to garner support from their colleagues.

"We have pressed the pause button to keep it alive," Brooks said.

Communities around the state, including Bristol, went on record in support of the bill. The Tennessee Farm Bureau, representing 600,000 members, also backed the legislation. 

Energized by the recent FCC decision nullifying state laws restricting Chattanooga from expanding, Bowling, Brooks, and other local leaders thought the time was right to once again try to eliminate state barriers. The FCC decision has already been formerly challenged by Tennessee's Attorney General with the support of the Governor. Rather than depend on federal intervention to establish an environment that will encourage connectivity, SB 1134 and/or its companion HB 1303 would have solved the problem on the home front.