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North Carolina Files Petition Opposing FCC Ruling to End Anti-Muni Laws

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.

Yet Another Homeowner Led Astray By Giant ISP; Responds with Muni Fiber Initiative

Last month, we highlighted the story of Seth, a Washington state homeowner forced to put his home up for sale due to a perfect storm of sloppy customer service, corporate bureaucracy, and terrible Internet policy. Now meet Dave Mortimer from Michigan.

Dave is another person in a similar situation, reports Ars Technica. In 2013 incumbent AT&T told Dave three separate times that the house he had his eye on in rural Lowell had U-verse fiber network capabilities. Their website verified what customer service represenatives told him. Dave is an IT professional and wanted the opportunity to work from home. He must be on call while not in the office and so requires a fast residential Internet connection. 

After buying the home and moving in, AT&T backpedaled. Actually his best option was DSL offering 768 Kbps. Oops!

Working from home was a struggle. After Dave complained to AT&T, the FCC, the FTC, and the state Public Service Commission, the provider eventually updated their website but that didn't help Dave. He limped along but seldom worked from home as he had planned to do from the start. His office is 30 minutes away.

Finally, AT&T billed him for a phone line he never requested leading to an auto-payment error and a shut-off of his Internet service. That was enough for Dave. He approached a local wireless provider Vergenness Broadband and, working with the installer, attached the receiver to a tree some distance from his house and buried the extra long cable in cracks in his driveway to his house. Dave now pays $60 per month and gets the 3 Mbps download / 1 Mbps upload he was promised.

Dave is no where near the 45 Mbps he had hoped to obtain from the phantom U-verse, but he has this to say about his local provider:

“This is a night and day difference since switching from AT&T," he said. "Everything that AT&T did wrong, this small local company is doing right.”

Dave was fortunate to have a local company able to bring him service, even though it is not broadband as defined by the FCC. Nevertheless, he considers this a temporary fix and the best he can get for the time being.

ECFiber Adds 1,000th Customer; Continues to Expand in Vermont

In April, ECFiber connected it 1,000th customer in Thetford Hill. Users at the First Congregational Church, described as the oldest meeting house in the state, have nothing but kudos for ECFiber and their new high-speed symmetrical Internet access. From the press release [PDF]:

“The service has been great so far,” said David Hooke, Chair of the Board of Trustees, “and we really appreciate that ECFiber is a community owned organization committed to bringing state of the art connectivity to rural east central Vermont. This will be a boon for the whole region.”

To celebrate the milestone, ECFiber Chairman Irv Thomae presented a special certificate to the Church.

This is just the latest accomplishment as ECFiber expands across Vermont. The consortium of 24 towns continues to obtain financing one expansion at a time. According to another press release [PDF], the community owned network just added an expansion to encompass the towns of Chelsea and Tunbridge. This will allow 80 more rural household to subscribe; more will soon be on the way:

“This is the first of several expansions we’ll be opening this summer,” said Irv Thomae, Chairman of ECFiber and Governing Board delegate from Norwich. “We’re pleased that more residents in this area are now able to enjoy the benefits of locally grown, full time, state-of-the-art real broadband.”

Read our previous coverage of EC Fiber here.

UPDATE: Today, ECFiber announced that it is now offering free bandwidth upgrades to local schools, public institutions, and libraries. The announcement, another example of a publicly owned network going the extra mile to improve the quality of life in the community, is published in VermontBiz. From the announcement:

ECFiber Seeks New Business Model Designation

ECFiber hopes to transform its business model in order to attract investors, reported Valley News in February. The organization is now an "inter-local contract," an entity somewhat unique to Vermont, but seeks to change to a "telecommunications union district." Similar to a municipal utility district, the telecommunications union district is created by two or more municipalities. The new business model would not change ECFiber's governance or require financial support from local towns but officials believe it would attract more outside investors.

Last year, ECFiber announced it would expand in 2015, seeking large scale funding to help speed up deployment. Since 2008, the organization has raised over $6 million for deployment from individual investors and now serves more than 1,000 subscribers. Unfortunately, this method financing slows expansion. The results are bad for ECFiber and bad for local consumers:

“The worst thing (about ECFiber’s delay) is a lot of the people who wanted to have it weren’t able to get it right away,” said [ECFiber Treasurer John] Roy.

At this point, FairPoint, Northern New England’s provider of land-line service, is able to reach more rural areas than ECFiber with its high-speed Internet service. But, FairPoint’s speeds of up to 30 megabits per second are slower than the 400 megabits per second ECFiber’s cables can provide, said Roy.

“If we’re going to get this job done before the end of this decade, we need to step up the rate,” said [Irv] Thomae [ECFiber's Governing Board Chariman].

It would take another 17 - 18 years to deploy 1,600 miles of fiber, the ECFiber goal. If the organization can raised $40 million from larger investors, that period can be reduced to 3 - 5 years, estimated Roy.

Ammon Brings Local Connectivity to Idaho Schools as State Education Network Goes Dark

The City of Ammon's municipal fiber network recently stepped in to provide primary broadband access for School District 93 as the state's educational network went dark reports Local News 8. Watch the video of local coverage below.

When a judge ruled last year that the Idaho Education Network (IEN) contract between the state Department of Administration was void, an education broadband crisis loomed across the state. As the drama played out, however, local networks such as Ammon's muni, have come to the rescue to keep students connected.

Ammon Mayor Dana Kirkham described an attitude characteristic of municipal networks:

"I think it's just something we do in the spirit of collaboration, and I think that's always important because when we talk about the school district and the city it's all the same people, and so anytime we can keep costs down it benefits everyone involved," Kirkham said.

CenturyLink and Education Networks of America (ENA) were providers under the contract voided last year. As CenturyLink and ENA cut off service to schools, forcing them to negotiate their own contracts, they have discovered better, more affordable broadband from local providers like Ammon.  A recent Idaho State Journal reported on several school districts:

The state, under the now-void IEN contract, had been paying Education Networks of America more than $6,000 a month for a 20 Mbps Internet service to Rockland School District. The school district will pay less than a third of that cost for a new 100 Mbps service next year.

The State Journal also discovered that numerous school districts had used fiber optic service from local providers but were forced to switch to slower service in order to obtain the IEN reimbursement. In order to get the reimbursement, West Side School District had to switch from fiber from Direct Communications, a local company, to a slow copper T1 connection from CenturyLink:

Mesh Networks: They Are Out There

There are probably more mesh Wi-Fi networks operating in the U.S. than most of us realize. They require only one hard-wired connection to the Internet and there are many industrious, tech minded people out there who have the skills to set up this self-healing technology, though they are still working out the kinks.

A mesh network allows devices to engage each other without going through a central point. If I want to use my cell phone to call the cell phone of someone standing 10 feet away from me, the signal may travel thousands of times farther than it would have to because a cell phone company wants to track minutes, collect data, and more. In a mesh network, the two devices would just talk to each other without intermediation. 

A recent Technical.ly article, explores a dozen communities that are using the technology to serve local residents.

The article provides some basic info on these local mesh networks:

We have reported on mesh networks in Poulsbo, Washington, and Ponca City, Oklahoma. An attractive feature for those communities was the ability to expand the network as needed with modest investment. As Technical.ly reports:

Grand Junction Voters: "We Want Local Authority!"

Grand Junction is the latest Colorado community to vote to restore local telecommunications authority.

Much like the eight communities that decided last fall to reclaim that right, and Estes Park in February, Grand Junction voters spoke loudly through the ballot. Seventy-five percent of those casting ballots chose to restore authority.

Grand Junction community leaders have expressed a desire to work with providers to improve poor connectivity but have feared repercussions from state laws put in place a decade ago. They now plan to explore partnerships as well as municipal initiatives reports KKCO 11 News

“It’s an indication that people really want to see us have better fiber in this city so we'll step back as a city council and see what are next steps to go forward,” says Mayor Phyllis Norris.

The approval of Measure 2A reverses the effects of Senate Bill 152 that have been in effect for more than 10 years.

City and county leaders now have the power to negotiate with internet companies and explore options of how to share their broadband with citizens.

Rather than wait for the domino effect to make its way across the state, requiring millions to be spent on local elections, Colorado should simply repeal SB 152 and restore local authority to every community. Right now, the only beneficiaries of this barrier to local choice are the incumbent providers, who at the very least are able to delay needed investments in Internet infrastructure.

Bristol City Council Passes Resolution Supporting Bill to End Tennessee Muni Barriers

At its March 3rd City Council meeting, elected leaders in Bristol voted 4 - 1 to adopt resolution 15 - 8 reported TriCities.com. The resolution officially supports state legislation removing state barriers that prevent municipal electric utilities from offering Internet service beyond their electric service footprint. State Senator Janice Bowling and Representative Kevin Brooks are sponsoring SB 1134 and its companion HB 1303 [PDF].

Bristol Tennessee Essential Services (BTES) is one of the state's gigabit FTTH networks but like Chattanooga, is limited by state geographic restrictions. The recent FCC decision to overturn Tennessee and North Carolina state barriers has removed that legal provision but Bowling and Brooks want to make sure it happens and that Tennessee is able to embrace smarter policy without FCC intervention.

Bristol recognizes that its gigabit network provides a rare advantage in Tennessee. From the City Council agenda on the issue:

The service is an essential element of economic development, enhances educational opportunities, increases regional and global competitiveness, and provides a better quality of life. While we enjoy the benefits of being a “Gigabit Community”, there are many areas of Tennessee that lack access to high-speed broadband service. The ability to extend this service beyond the municipal electric service territory will provide an opportunity for customers to choose their provider and ensure a high quality of broadband service at a competitive price.

At the meeting, members of the Council noted that eliminating the restriction would allow BTES the ability to bring service to areas left behind by traditional providers. TriCites.com reported:

Mount Vernon Mayor: Local Authority Has Been Good For Our City

As the time approached for FCC Commissioners to choose to allow Wilson and Chattanooga to serve surrounding communities, leaders from municipalities with publicly owned networks shared their experiences. Jill Boudreau, Mayor of Mount Vernon, Washington, published her community's experience with their muni in GoSkagit.com. 

As in the recent testimonial from Opelika Mayor Gary Fuller, Mayor Boudreau described how Mount Vernon's network has created a quality of life where high-tech has enhanced local medicine, encouraged new businesses, and created and environment rich with competition.

Mount Vernon's open access network provides infrastructure for nine service providers. Some of these providers offer services only to businesses, while others also serve government, retail providers, and specific industries such as the medical community. Hundreds of public and private customers receive fast, affordable, reliable connectivity through these providers and the city's publicly owned network.

We first introduced you to Mount Vernon in 2013. The community began deployment in 1995 and have added incrementally to the network to serve nearby Burlington and the Port of Skagit. Government facilities, schools, hospitals, and businesses save millions while utilizing top-notch technology. Businesses have relocated to the area to take advantage of the network and enjoy the high quality of life in the relatively affordable area with its abundance of outdoor recreation.

Mayor Boudreau recognizes that Mount Vernon's success may not be easy to come by for every community but believes each should have the ability to decide that for themselves. She writes:

Lafayette Congratulates Wilson; Offers Support After FCC Ruling

When the FCC announced its intention last week to neutralize the negative impacts of Tennessee and North Carolina anti-muni laws, celebrating reached far beyond Chattanooga and Wilson. In Lafayette, home to LUS Fiber, City-Parish President Joey Durel took time to write a supportive letter to Wilson's Mayor Bruce Rose.

We reproduce the text of that letter below. As Durel points out, the two communities have strong similarities and the victory in Wilson has also reached Lafayette. Durel notes that a community's decision to better its connectivity should always be a local choice, that partisanship is not a natural part of the equation, and he encouraged Rose to "stay strong."

Dear Mayor Rose:

As Mayor of Lafayette, LA, a city that proudly provides electric and communications services to our businesses and residents, I want to congratulate you, your colleagues, and your constituents on your achievement in delivering world-class Internet services to the residents and businesses of Wilson - and on the strong endorsement you received last week from the Federal Communications Commission.

As in Wilson, the Lafayette community has been united in our support for high-capacity broadband connectivity to the Internet as an essential tool of economic development and as a means of securing our community's economic future. While some will use any means possible to distract you from achieving your goals for your community, our deeply conservative electorate has consistently supported our electric utility's great achievement in building a future-proof broadband Internet infrastructure, and this support has been consistently bi-partisan. My Democrat colleagues have joined me and my fellow Republicans in insisting that we in Lafayette should have the right to choose our broadband Internet future. We here in Lafayette will determine how our community engages this essential economic development tool, and we will not have our economic future dictated to us by others.