[Editor’s Note: This past spring, big telecommunications interests in North Carolina tried to pass industry friendly legislation to keep municipal broadband competition out of the marketplace.  For the last several years, this industry has invaded state legislatures with the help of their astroturf front groups to try and pass legislation that puts all of the benefit in their corner and none in yours.  In North Carolina, an industry-written bill to lock out municipal broadband competition was introduced in both houses of the state legislature.  At least one legislator literally handed phone calls off to industry lobbyists when constituents called.

Too often, state politicians end up doing the business of big business, passing bills that hurt communities and people in their own districts, and hope constituents don’t find out what is really going on when anti-consumer legislation gets passed with a wink and a nod. All that’s left to do is cash that generous campaign donation check!

When municipalities in the state are told the duopoly of providers won’t provide a level of service communities need, they dared to build their own. HB1252 would have made that next to impossible. Your direct involvement in calling and writing North Carolina officials to let them know you understood what this anti-consumer legislation represented stopped the special interests in their tracks. You even outmaneuvered astroturf groups like Americans for Prosperity that tried to fool legislators into believing North Carolina citizens supported this terrible bill.

But like in all horror shows, what is left for dead often rises to terrorize the countryside yet again. We’ll be watching and waiting… and we’ll be ready. — Phillip Dampier]

HB1252 has officially been sent to a study committee as part of a huge omnibus study bill, HB945. The North Carolina budget has been passed and signed.

Unfortunately, it will be the Revenue Laws Committee which will control the study, which is run by Senator Hoyle and the rest of the big business boys in the House and Senate. The last version of HB1252 said it would go to study in both the Joint Select Committee on High Speed Internet in Rural Communities and Revenue Law, but it appears that the good ole business boys got their way. Who controls the study often controls the results.

The offensive language in the original bill that would have represented a direct threat to municipal broadband projects will die in study either way, but expect to see it resurface early in the next full session.

Version three of HB1252, A Bill To Be Entitled An Act Authorizing The Joint Select Committee On High Speed Internet In Rural Communities And The Revenue Laws Study Committee To Study Local Government Owned And Operated Services, is available to read here.

Enjoy your summer and prepare for battle in the coming months.

I got word on the heels of tomorrow’s Public Utilities Committee meeting that S1004 has been gutted and changed in the Senate!  So again we can scream Victory!

The low-down on what exactly happened goes something like this:

The North Carolina Senate has a very odd procedural rule that allows it to gut a bill and replace it with a completely different bill.  They can do this as long as the bill number and title remain the same.  In S1004’s case they kept the name and title and are changing the text of the bill to allow Progress Energy to change some of its coal fired plants to natural gas.

Be aware that HB1252 is still the bill we have been fighting and I am tracking it continuously.  We are half way there on defeating big cable’s sleeper hold on competition.  As long as we all keep the fight up, we won’t be saying goodnight to Irene any time soon!

The Communications Workers of America (CWA) has been running a project I have subscribed to for awhile now, called Speed Matters. Today I received this e-mail from them:

What’s next for SpeedMatters? Growing our movement.

Dear Jason,

Time’s up. Pencils down.

How did you do on the SpeedMatters.org speed test?

Believe it or not, you had one of fastest connection speeds in the country – and you’re probably paying a pretty penny for it. The majority of people who took the test didn’t come close to scoring as high as you did.

But fact is, even some of the fastest internet connections in the United States pale in comparison to many of our global competitors like Korea, Sweden, and Japan. These countries have average speeds that are almost ten times faster than the United States — at about 1/12 the cost to the consumer.

FCC Commissioner Michael J. Copps has admitted “America’s record in expanding broadband communication is so poor that it should be viewed as an outrage by every consumer and businessperson in the country.”

It’s time to fix this problem, and the first step is determining exactly where our current high speed networks reach — and who is getting left behind.

You’ve already helped us begin to gather this crucial data by testing your Internet speed.

So what’s next? Now you can help grow our movement and educate as many people as possible about the importance of improving our country’s high speed Internet access. That way, when we demand our elected representatives take action, they’ll hear us loud and clear.

Forward the message below to everyone you know, and ask them to join you in getting the U.S. up to speed.

Thank you,

Beth Allen
speedmatters.org Online Mobilization Coordinator

P.S. Don’t forget to sign up for our weekly SpeedMatters.org blog update email to stay up-to-date on the nationwide effort to expand high speed Internet access and the amazing things that people are doing with the improved technology.

Dear Friend,

Americans are charged more for slower internet speeds, and our current high-speed networks don’t even reach millions of households. It’s time for that to change — and you can play a part. Testing your own speed will help make our new community research project, SpeedMatters.org, a success.

We’re falling behind in the global economy because we won’t invest in the technology to bring the benefits of this telecommunications revolution to most of our population. We’re the only industrialized country without a national policy to promote high- speed Internet access.

That’s why you’re getting this email. Testing your connection’s speed now will help us better understand the American average — and craft an effective public policy and awareness campaign.

Take the speed test:

High speed Internet means more than smooth web videos or fast downloads.

Advanced high capacity communications networks can increase democratic and civic participation, improve the delivery of health care, education, job training, public safety and other vital services.

What are we waiting for? It’s time to close the digital divide.

Thanks!

What I found interesting was the quote from FCC Commissioner Michael Copps, “America’s record in expanding broadband communication is so poor that it should be viewed as an outrage by every consumer and businessperson in the country.”

Commissioner Copps is right. It is an outrage. When the rest of the world is moving on average 10 times faster and at 1/12 the cost to consumers, I am a little more then outraged. Speed does matter and I urge you all to join and spread the word about Speedmatters.org.  They have a lot of useful information at their site, including speed by state and listing of broadband initiatives.

I took the speed test here in Greensboro, North Carolina, using Time Warner Cable’s Road Runner Turbo and my results were 11.114Mbps download and 4.85Mbps upload.  What is your speed?

I know here in Greensboro, the CWA had tried to to unionize the local Time Warner Cable workers and the company pushed back and won. Now a lot of those same TWC employees have been pink slipped in favor of non-union contract workers or demoted to lesser positions with less pay. I am sure this isn’t the only city this is happening in.  Just goes to show that TWC isn’t just effecting your families with their greed, but their own workers’ families too.

The only downside to this organization I see is that they have a partnership with Connected Nation, which is the cable/telecom industries mapping group.  I would urge the good folks at the CWA to tread lightly with Connected Nation.  They are Time Warner, Comcast, AT&T, Verizon, and the other companies in disguise.  They have their own interests at heart.  This is what Connected Nation is doing here in North Carolina.

In the last two installments I covered the North Carolina legislators that had a hand in HB1252/S1004, legislation that would have severely curtailed municipal broadband projects in this state, and how they were involved in bringing the bills to the floor. I am now going to focus on some powerful, long term state senators, who have a very influential vote on the Senate floor.

R.C. Soles (D-Brunswick, Pender & Columbus Counties) has served for 17 terms. Soles, as he is not a co-sponsor or sponsor, does carry great influence in the Senate and can gather votes. Soles took a lot of money from the cable/telecom industry in 2008, $7500 in total. From Embarq he took $2000, Time Warner $1000, AT&T PAC $4000, and from the Sprint/Nextel PAC he took $500.

Senator Tom Apodaca (R-Buncombe, Henderson and Polk Counties) is a four term senator who also took a bundle of money from the cable/telecom industry in 2008. In total he received $12500 in contributions. Embarq gave $3000, Time Warner $2500, AT&T PAC $4000, Sprint/Nextel PAC $1000, and AT&T Mobility Employees PAC $2000. There was also a suspicious contribution from one “Jasie Barringer.” Barringer is listed as a housewife and self employed, but in reality she is more likely the chairman of RH Barringer Beverage Distributors (Anheuser-Busch), which is well known to me as it’s here in Greensboro. They also appear to have used a business address for the contribution, which is illegal in North Carolina. I will be filing a complaint with the State Board of Elections.

Senator Dan Clodfelter (D-Mecklenburg County/City of Charlotte), is the six term senator who sits with with Sen. Hoyle of the Revenue Laws Joint Sub-Committee, where they are trying to direct HB1252/S1004. Clodfelter also took a lot of money from the cable/telecom industry, $10250 in total. Embarq contributed $1500, Time Warner $2250, AT&T $2000, NC Cable PAC $2500, Sprint/Nextel PAC $500, NC Association of Broadcasters $500 and NC Broadcast PAC gave $1000.

There are a few other influential legislators in the House and Senate, but they are a little harder to track because of their positions of power. Speaker of the House, Rep. Joe Hackney and President Pro Tempore of the Senate Marc Basnight hold a considerable amount of power and influence, and receive a lot of money from everyone. This makes it a little harder to track. Basnight received $18500 in contributions from the cable/telecom industry and Speaker Hackney received $21000 in contributions.  While this is a lot of industry money, it’s not out of proportion from what they receive from every industry PAC that contributes to their campaign coffers.

If you have not read the first two installments here at Stop the Cap!, they can be found here and here. I will follow up when the first quarter reports become available for 2009.

It’s important to note that in all three articles, acceptance of political contributions in no way implies criminal activity.  It does imply that money from big donors can create a climate of influence with legislators.  This is the culture of politics, whether it is in North Carolina, Washington, or your local city council. Until we can remove the influence of industry PAC money on elected officials, the lobbies for these industries can continue to have the upper hand on the common citizen and what is good for us, unless we stand up and make our voices heard.

The information gleaned from here in North Carolina underlines this point, and I encourage you to review campaign finance reports to investigate why an elected official would be so insistent on standing against consumer and constituent interests.  Not every legislator that accepts contributions automatically means they will not stand with their constituents.  Many will.  But for those who do not, this can help explain why.  Should you require assistance locating, searching, or investigating the tricks of the campaign finance trade, feel free to contact me.

Back on April 28th, I e-mailed the Mayor of Greensboro, Yvonne Johnson, requesting that the City of Greensboro look at the resolution that Raleigh passed opposing HB1252/S1004 and pass a similar resolution.  I am quite aware of what goes on in my city, but this slipped past me.  At the  May 5th City Council meeting the following transpired:

Assistant City Manager Denise Turner reviewed the resolution of the City of Greensboro opposing SB1004/HB 1252, inaccurately captioned “The Level Playing Field Act” with Council.  Councilmember Perkins moved adoption of the resolution. The motion was seconded by Councilmember Bellamy-Small.

Assistant Manager Turner provided an explanation for the basis of the bill, the incentives of the bill, affects on the City on offering broadband usage throughout the City, the funding utilized, restrictions of the bill and stated that the bill would prevent municipalities from offering and providing broadband services as an incentive to incoming businesses. Assistant Manager Turner provided information as to Economic Stimulus funding for broadband usage and access for a municipality to provide.

The resolution was adopted on the following roll call vote: Ayes: Barber, Bellamy-Small, Groat, Johnson, Matheny, Perkins, Rakestraw, Wade and Wells. Noes: None.

133-09 RESOLUTION OF THE CITY OF GREENSBORO OPPOSING SB 1004/HB 1252, INACCURATELY CAPTIONED “THE LEVEL PLAYING FIELD ACT”

WHEREAS, Senate Bill 1004 and House Bill 1252, both captioned The Level Playing Field Act, have been introduced in the 2009 Session of the General Assembly of North Carolina, and referred to the Senate Commerce Committee and House Committee on Science and Technology, respectively; and

WHEREAS, broadband is communications infrastructure that is as important to the City of Greensboro’s economy as are the interstate and state road systems; and

WHEREAS, high-speed broadband is an indispensable part of competition both between businesses and between global, state and local jurisdictions to attract businesses; and

WHEREAS, high-speed broadband is vital to the future economic development, educational outreach, and community growth necessary to replace lost textile, tobacco, furniture and manufacturing jobs in Greensboro and in North Carolina; and

WHEREAS, cities are organized to provide public services in the local community and their governing boards generally decide what and what level of services the city will provide; and

WHEREAS, the courts in North Carolina have already determined that local governments are authorized by the General Assembly to provide the communications services addressed in the playing field bills; and

WHEREAS, if the City of Greensboro should at any time in the future decide that it needs to provide or encourage the development of broadband communications systems to meet unmet needs, these proposed bills would greatly hinder the City’s ability to provide such needed services, especially advanced high-speed broadband services; and

WHEREAS, the bills do not in actuality require a “level playing field” with regard to provision of broadband and information services but instead seek to saddle cities and towns with several onerous duties, proscriptions and mandates that do not apply to private providers and that cities have never had to meet with respect to other enterprise businesses; and

WHEREAS, there is no justification for treating public communications enterprises differently from other public enterprises that are essential for a sound economy; and

WHEREAS, government dollars were used to fund much of the current corporate telecommunications infrastructure in the United States and to develop the Internet; and

WHEREAS, private providers have made the business decision not to provide and offer broadband to residents and businesses in North Carolina at the high speeds that are readily available in competing locations such as Poland, Canada, South Korea, Japan, and Wilson, North Carolina, despite having received favorable regulatory and tax treatment from government to enable them to make upgrades and investment to broadband; and

WHEREAS, while private broadband providers declare that it is cost prohibitive to provide top quality service in the United States, Japan and other countries (many of which traditionally have been considered to be third world nations) continue to outpace our country in broadband access, cost, and growth in the number of users—Japan has lower cost internet access that is at least 500 times faster than what is defined as high-speed in the United States; and

WHEREAS, the United States Congress has provided funds in the American Recovery and Reinvestment Act (federal stimulus) to reverse our country’s broadband decline by making local and state governments, directly eligible for $4.7 billion in federal grants to provide affordable access to high capacity broadband services where needed; and

WHEREAS, because the proposed playing field bills would prohibit government from using funds other than those generated by the enterprise broadband communications systems themselves, NORTH CAROLINA AND ITS POLITICAL SUBDIVISIONS WOULD NOT BE ABLE TO USE THE BILLIONS OF FEDERAL STIMULUS GRANT FUNDS SET ASIDE FOR BROADBAND INFRASTRUCTURE IMPROVEMENTS, while cities in other states would have access to these funds and gain a competitive economic advantage over North Carolina cities—job opportunities for local residents would be negatively impacted by the funding restrictions in the proposed bills; and

WHEREAS, local businesses and suppliers will create jobs and spur the local economy with federal stimulus dollars used to build and improve broadband infrastructure, but will lose such opportunities if the legislature adopts the proposed bills depriving North Carolina of the opportunity to bring broadband stimulus dollars to our economy; and

WHEREAS, the bills are counter to the North Carolina Local Development Act of 1925 which allows local governments to aid and encourage economic development in communities throughout North Carolina.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GREENSBORO opposes Senate Bill 1004 and House Bill 1252 and urges all members of the North Carolina General Assembly to vote “no” in committee and, if necessary, on the floor of the General Assembly.

(Signed) Robert V. Perkins

The City of Greensboro joins several other cities in NC that have passed resolutions opposing HB1252/S1004, including Chapel Hill and the state capital of Raleigh.  City staff really did their homework from the content of the resolution, pointing out places with higher speeds like Poland, Canada, Japan and South Korea.

I am proud to live in this city.  Our people won’t take the garbage that Time Warner throws at us and our council listens to it’s people on this issue.  More good news on broadband in Greensboro will be coming in the next few weeks.