[Important Update — 7:53am ET 4/7 — Because of a technicality, it is important for everyone to reference H.129 when calling your state senators.  Members of the Senate Finance Committee are still evaluating the House version of the bill — H.129, so senators will more readily identify the bill we are opposing when we reference the House version (and not S.87).  You can also call it the “Level Playing Field” bill, but with disgust.  Include the fact you found the name highly ironic, since the only thing it will “level” are the state’s community broadband networks — right to the ground.  If you already called, why not just send a follow-up e-mail opposing H.129.]

Stop the Cap! has learned lobbyists for North Carolina’s cable and phone companies are growing concerned over increasing opposition to their custom-written duopoly protection bill that will ruin community broadband developments across the state and threaten ones already up and running.  Now they’re in a mad dash to push S.87 (the Senate version of H.129) through the Senate Tuesday before you have a chance to call and express outrage over this corporate protectionism.

Our sources tell us the bill has been yanked from the Senate Commerce Committee and is moving faster than North Carolina’s cable and DSL broadband to the Finance Committee, where bill sponsors hope for a quick voice vote and no public comment allowed.

The engineer of the legislative railroad in the Senate is Sen. Tom Apodaca (R) who serves the western North Carolina counties of Buncombe, Henderson, and Polk — areas with broadband challenges of their own.  Apodaca’s lead role pushing an anti-broadband bill is ironic considering his campaign website lists his priorities as:

• “Great schools for our children.” Western N.C. residents without broadband service at home are forced to resort to sitting in their cars in school parking lots or spend hours at overburdened public libraries to access Wi-Fi networks to complete homework assignments.  Great schools in a digital economy require great broadband – both in school and at home
• “Better paying jobs.” Digital economy jobs are always in demand and bring good salaries.  But those with inadequate broadband will find the kind of entrepreneurial experience and independent study required to excel in these fields hampered by satellite fraudband service or dial-up that limits possibilities and leaves North Carolina behind.
• “Let people keep more of the money they earn.” It’s a great idea, and competition for big cable and phone companies guarantees it.  In Wilson, consumers don’t face annual rate hikes for their cable service.  Can your community say that?  When their network is paid off, Wilson’s GreenLight will start paying off for local residents as well, keeping money in the community.
• “And access to quality health care.” As Google intends to prove in Kansas City, Kansas — great health care and excellent broadband go hand-in-hand to deliver better patient outcomes at a cheaper price.  Every health care provider wants faster broadband to increase efficiency and reduce costs and medical care errors.  S.87 delivers the equivalent of just another metal filing cabinet and fax machine to the back office.  Allowing communities to build fiber broadband changes everything.

What has proven so perplexing to consumers across the state is how a bill written by and for the cable and phone companies that does not deliver a single new broadband connection is getting such love and care from a legislature that is supposed to represent the interests of voters, not multi-billion dollar out of state corporations.  It confuses some of America’s high tech companies as well, including Google, Alcatel-Lucent, and Intel.  They’ve all signed a joint letter opposing H.129/S.87.

In fact, one of the reasons Google picked Kansas City, Kansas for its 1Gbps network is the friendly working relationship it has established with local utilities, which are all owned by the community of Kansas City.  It no doubt speaks volumes to Google that the North Carolina legislature would rather be at war with their towns and cities for the benefit of Time Warner Cable, AT&T and CenturyLink, than allowing communities to build their own broadband networks.  At a time when the FCC has ranked North Carolina worst in the nation, members of the Senate are being asked to guarantee that will remain so for years to come.

So What Should I Do?

Get on the phone -and- e-mail your state senator and demand a NO vote on S.87. If you are shy, you can call before or after business hours and leave a message on their voicemail. It takes less than five minutes.  Your calls make a huge difference because so few constituents ever call state legislators.  Here are your talking points:

Apodaca

1.  At a time when we need all the broadband improvements this state can muster, S.87 destroys those efforts for the benefit of a handful of out of state phone and cable companies. It’s classic protectionism — the same companies that helped write this bill are fully exempted from its onerous requirements.  The practical reality for rural North Carolina is either waiting for existing companies to deliver service they were always free to provide (and won’t), or allowing communities to do it themselves where appropriate.  Why should rural North Carolina have to depend on out of state corporations for basic broadband service many still don’t have?

2.  Not a single company has been harmed by community broadband projects in North Carolina.  In fact, it has created incentive to improve products and services while keeping prices stable, a welcome relief for consumers enduring annual rate increases far outpacing inflation.  Why is the state Senate trying to pass legislation that will guarantee higher bills and worse service?

3.  North Carolina’s fiber networks are not economic failures risking taxpayer dollars.  In fact, protections for taxpayers are already a part of the state code.  The General Assembly has already established: (1) rules governing Public Enterprises (NCGS Chapter 160A, Article 16); (2) strict rules in the Budget and Fiscal Control Act governing all municipal budgets and expenditures, including hearing and disclosure requirements (NCGS Chapter 159, Article 3); and (3) strict oversight of municipal borrowing by the Local Government Commission (NCGS Chapter 159).  S.87 attempts to micromanage public projects to the point where they simply cannot function and pay off bondholders and will, for future projects, ensure they never get off the ground.

4.  Now that the FCC ranks North Carolina dead last in broadband, isn’t it be time to allow new entrants to shake up the market and deliver some competition? Since when is legislating for less broadband better for this state?  The communities of Wilson and Salisbury now have the tools to compete with any wired city in America to attract new digital economy business and jobs.  S.87 sends exactly the wrong message — telling business the state wants to wait for the cable or phone company to eventually (if ever), deliver service other states now take for granted.  Businesses cannot wait.  We cannot wait.

5.  Provisions of this bill are unconstitutional.  By placing illegal regulatory burdens on only public providers of communications services (defined broadly) H.129/S.87 will harm municipal convention centers, public safety networks, smart grid systems, tower leasing contracts, and even make seemingly free public Wi-Fi networks vulnerable to lawsuits if the large incumbents want in on those services.

6.  The only real level playing field in broadband is the one that already exists without S.87.  Tell your senator you are tired of seeing these cable company-written bills come up in the Legislature year after year when the state has more important matters to worry about.  Time Warner Cable will do just fine without S.87, just as they do well in every other state where these kinds of bills would never get passed into law (or even proposed).

Senate Representation By County

2011-2012 Session

(click on your member’s name for contact information)

A new report has found the home of America’s worst broadband service can be found in the state of North Carolina.

The Tar Heel State ranks dead last in the number of homes able to access the Internet at speeds the Federal Communications Commission defines as “broadband” — 4/1Mbps.  The report quotes from FCC figures that show only 10 percent of North Carolina households are receiving broadband service at speeds that equal or exceed 3Mbps downstream and 768 kbps upstream.  States traditionally thought to be bottom-ranked, including Mississippi and Idaho, are now doing better than the home of Research Triangle Park.

The report comes courtesy of the SouthEast Chapter of the National Association of Telecommunications Officers and Advisors (SEATOA), which is attempting to fight off efforts to stop individual communities from delivering the service big cable and phone companies refuse to provide in large parts of the state.

Where Time Warner Cable, AT&T, and CenturyLink do deliver service, customers pay dearly for it.  Broadband.com found most of America’s worst broadband values in North Carolina.  In fact, outside of prohibitively expensive Anchorage, Alaska, seven of the ten most expensive cities were in North Carolina, when measuring cost per megabit (see below for a better understanding of how this figure was computed):

America's Worst Broadband is in North Carolina (source: Broadband.com)

Comparatively, states in the northeast were meccas.  Sixty percent or more of residents in Delaware, Massachusetts and New Jersey have broadband at speeds the FCC now considers bare minimum.  In larger states: New York, 43 percent and Pennsylvania, 44 percent, broadband speed still scored higher despite the large rural sections of both states.  Verizon’s fiber-to-the-home network has compelled upgrades among cable company competitors to keep up with the benefits fiber optics bring.

But in North Carolina, only community-owned networks are delivering service comparable to that found in the increasingly-fiber-wired northeast.  Instead of committing to upgrades, large cable and phone companies are spending plenty lobbying to restrict and banish the improved service these networks provide in communities like Wilson and Salisbury.

SEATOA’s conclusion?  The current inadequate level of service coming from North Carolina’s cable and phone companies allows the state to fall further behind in America’s economic recovery.

More about how Broadband.com calculated the results can be found below the jump.

… Continue Reading

New Zealand’s Commerce Commission is planning to study Internet Overcharging schemes from Internet Service Providers as part of a review of the government’s planned investment of $1.35NZD billion to construct a state-subsidized fiber broadband network.

At issue is whether the government’s investment in broadband will not deliver value for money if broadband providers sell heavily usage-capped broadband services over the country’s new network.

The Commerce Commission serves as New Zealand’s antitrust regulator, charged with finding marketplace abuses and correcting them, especially in the absence of competition.  Included in the wide-ranging review:

• Network peering: Allowing broadband traffic to flow freely between Internet Service Providers without interference or punitive expense;
• Data caps: Whether ISPs will continue to limit broadband usage on a network paid for by public funds, pocketing the proceeds;
• Net Neutrality: Ensuring that content over the network is treated fairly and equally.

“Our aim is to promote competition in telecommunications markets for the long-term benefit of end-users of telecommunications services in New Zealand,” Telecommunications Commissioner Ross Patterson said in a statement. “The study will result in a report which will identify any factors which may inhibit the uptake of ultra-fast broadband services.”

Most of the investigation will likely target New Zealand’s dominant phone company – Telecom New Zealand.  The former state-owned monopoly has rebuilt part of its market dominance pitching broadband service across the country over its landline-based DSL network, by which most New Zealanders obtain broadband.  While the company competes with other providers who resell service over Telecom phone lines, many critics charge the phone company position as the owner of the infrastructure gives it a powerful position in the market.

The New Zealand government hopes to retire its aging copper-wire telephone network and replace it with a combination of fiber optics in cities and towns and fixed wireless service in rural areas.  A discussion paper is expected from the commission by June, with a final report due in December.

FCC Commissioner Mignon Clyburn

Federal Communications Commissioner Mignon Clyburn thinks Time Warner Cable-sponsored legislation to regulate community-owned Internet Service Providers in North Carolina is a barrier to broadband improvement and could create economic harm across the state.

The commissioner, who hails from the Carolinas, today issued a statement expressing serious concerns about H.129, Rep. Marilyn Avila’s (R-Time Warner Cable) bill to hamper community-owned competition for large cable and phone companies in the state.

“I have serious concerns that as the Federal Communications Commission continues to address broadband deployment barriers outlined in the National Broadband Plan, new obstacles are being erected that are directly contrary to the Plan’s recommendations and goals,” Clyburn said.

Clyburn called out the legislation starting with the name of the bill – ‘Level Playing Field/Local Government Competition.’

“[…] Do not let the title fool you. This measure, if enacted, will not only fail to level the playing field; it will discourage municipal governments from addressing deployment in communities where the private sector has failed to meet broadband service needs,” Clyburn said. “In other words, it will be a significant barrier to broadband deployment and may impede local efforts to promote economic development.”

Clyburn noticed such legislation delivers benefits to major telecommunications corporations, but doesn’t deliver any improvement or competition in rural and small sized cities that suffer with low speed DSL, or no broadband service at all.  North Carolina currently ranks 41st out of 50 states in broadband delivery and quality.

Clyburn spent time in North Carolina last year defending community-owned broadband developments, commending them for bringing Internet access to communities either without service, or woefully underserved.

H.129 has passed the House of Representatives in the North Carolina legislature and is now pending in the Senate.

Read the entire statement here.

Party time in Kansas City, Kansas

Kansas City, Kansas is creating some jealousy across the river in the much larger Kansas City, Missouri in reaction to Google’s announcement yesterday that it was bringing its 1 gigabit per second fiber to the home network to KCK.

Local bloggers called Google’s announcement “a game changer” for the city’s software developers and health care providers, who represent a large part of the city’s high tech economy. The announcement also thrilled local schools and universities, who will be able to deliver broadband service that rivals world leader South Korea in as little as one year from today.

Speculation about why Google chose the Kansas-based suburb of Kansas City has been rampant.  Among the biggest theories is that the local utilities, with whom Google must negotiate for space to accommodate its fiber cables, are owned by the local municipality, not private corporations.  With local government officials eager to cut red tape and avoid political or economic minefields which could delay the project, having public utilities as a partner may have made a decisive difference in the final decision.

The 'Kansas City' in the smaller type represents the Kansas suburb of the much larger Kansas City, Mo.

Demographics experts suggest Google might have chosen KCK because it represents classic middle-America with a growing digital economy — a perfect laboratory to watch what comes from ultra high speed Internet access.

The presentation by Google rivaled a glowing Hollywood production, one TV news team remarked.  Live-streamed on the web to a global audience, company officials vaguely promised the choice of KCK was the beginning of a potentially broader fiber network not just limited to a single Kansas city, although company officials seemed to restrain themselves out in the parking after the event, suggesting the network could be expanded regionally, saying nothing about other cities further afield.

Local newscasts told the Google story to Kansas City viewers in varying degrees of intensity, often relegated to pointless outdoor live stand up shots scattered around the city.  There isn’t much to show for a network that exists only in the form of a website.

A Silicon Valley expert echoed the sentiment that faster broadband can bring dramatic development to the communities that have it, sometimes in surprising ways.  It’s less about what one can do with 1Gbps service today and more about the possibilities for tomorrow.  But CNBC’s Jon Fortt added some applications may have only limited national appeal if the rest of the country lives with slower broadband service than cannot support the latest online innovations.

Still, excitement is easy to find among the journalists, local politicians, and other community members across the range of local news coverage.

It brings to mind just how ironic it is that a city like KCK will soon have some of the fastest broadband connections in the country while states like North Carolina are on the cusp of enacting legislation that will guarantee they will never be a part of the transformative broadband revolution — at least those who don’t live in Wilson or Salisbury.  Every member of the legislature in that state should watch and learn.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KSHB Kansas City Google to KCK 3-30-11.flv[/flv]

KSHB-TV Kansas City’s NBC station devoted the most time to Google’s arrival, including a special interview by satellite with CNBC reporter Jon Fortt, discussing the implications of 1Gbps broadband for KCK.  (11 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCTV Kansas City Google to KCK 3-30-11.flv[/flv]

KCTV-TV Kansas City’s CBS affiliate spent more than five minutes in their newscast covering Google’s gigabit network, including interviews with a local blogger and health care expert.  (7 minutes)

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/WDAF Kansas City Google to KCK 3-30-11.flv[/flv]

WDAF-TV, the Fox station for Kansas City, emphasized what Google will do for area students in bringing faster, more reliable broadband to the region.  (7 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KMBC Kansas City Google to KCK 3-30-11.flv[/flv]

KMBC-TV, Kansas City’s ABC station, tries to explain what 1Gbps broadband represents with a water faucet.  The station’s coverage continues with the impact fiber broadband will have on local health care.  (4 minutes)