[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/CBS Chattanooga Fastest Broadband in America 2-28-13.flv[/flv]

Chattanooga’s gigabit fiber network demonstrates local government works. The fiber to the home network has already brought $400 million in investment dollars and more than 6,000 new jobs to the area. At the same time, both Comcast and AT&T are working to lobby state legislatures to ban these kinds of public networks from ever getting off the ground. CBS News profiles EPB Fiber. (6 minutes)

Windstream is reportedly behind the latest effort to ban community broadband networks in Georgia.

Rural communities across Georgia are upset about a new piece of legislation ghost-written by Windstream Communications that would keep broadband a strictly private affair in the Peach State.

House Bill 282, introduced by Rep. Mark Hamilton (R-Cumming) would prohibit publicly owned broadband networks from being built anywhere an incumbent provider delivers at least 1.5Mbps “broadband” in the state.

Sources familiar with the legislation say Windstream, a phone company primarily serving smaller communities, is the primary force behind the bill now before a legislative committee. When news of the bill came to light earlier this week, consumers and local communities began to push back with state legislators. A planned hearing on the bill has been temporarily pushed back until next week.

The legislation would effectively tie the hands of municipalities that have waited more than a decade for AT&T, Windstream, CenturyLink and other phone companies to bring DSL broadband to rural Georgia.

While not proposing a total ban on public broadband, the bill’s requirement that service be denied to a customer in a “census block” where at least one home can receive slow speed DSL makes building such networks nearly impossible.

The Georgia Municipal Association notes local governments in small towns and cities, already strapped for resources, would have to prove to the Georgia Public Service Commission that each census block a community wants to serve has no existing broadband service (census blocks are the smallest geographic area the Census Bureau uses for data collection.)

There are 291,086 census blocks in Georgia, making such a review difficult at best.

For communities that have already built public broadband networks, the bill brings more bad news. Under its terms, existing networks would not be allowed to expand anywhere any other provider delivers even a modicum of “high speed” 1.5Mbps Internet access. With many community networks built out in stages to minimize initial financial outlays, H.B. 282 could ruin the economic cost recovery models under which existing networks were financed and built, potentially risking bondholders.

Rep. Hamilton does not seem to care about them or whether rural Georgia gets Internet access or not. He answers to a higher calling: Windstream’s lobbyists.

The final report of Gov. Nathan Deal’s Competitive Initiative found rural Georgia at a disadvantage simply because many communities cannot get broadband service. Several regions in Georgia called on Deal’s office to help improve inadequate broadband infrastructure.

Instead, Hamilton’s bill would turn over Georgia’s broadband needs to phone company “Return on Investment” formulas that guarantee large sections of rural Georgia will remain unserved, with other areas left underserved. The bill itself defines suitable broadband at just 1.5Mbps, deemed inadequate by the Federal Communications Commission for today’s broadband user.

The bill’s defenders told The Telegraph the bill was designed to “close off an opportunity for government waste.” The bill also closes off an opportunity for better broadband and competition in Georgia.

“The fundamental question is rather simple: does Georgia want local leaders to determine the economic and investment strategies for their communities or do we want those decisions to be made solely on the business plans of companies based outside of the state,” asked the Georgia Municipal Association.

Georgia residents can contact the House Energy, Utilities & Telecommunications Subcommittee members and tell them to reject H.B. 282. Local municipalities seeking further information about this legislation should contact the Institute for Local Self-Reliance for additional information and guidance.

A handful of Georgia state legislators have introduced a bill to ban community-owned broadband anywhere Internet service is available at speeds of at least 1.5Mbps — so slow it does not even meet the FCC’s new definition of “broadband.”

The so-called “Municipal Broadband Investment Act,” introduced Feb. 8 is just the latest in a series of anti-competition, corporate welfare bills designed to protect existing telecom monopolies and duopolies from facing any additional competition.

Introduced and co-sponsored by Reps. Mark Hamilton (R-Cumming), Don Parsons (R-Marietta), Ron Stephens (R-Savannah), Jay Roberts (R-Ocilla), Ben Harbin (R-Evans), and Jon Burns (R-Newington), H.B. 282 would only allow community providers to offer service where broadband is not available within a census block, a requirement that makes virtually all public broadband efforts untenable because of the patchwork of DSL service throughout the state.

Hamilton

Remarkably, the legislation also includes a penalty clause that will leave community providers liable for damages payable to corporate-owned Internet Service Providers if they dare compete with the state’s largest phone and cable companies. Local communities could even be on the hook for attorney fees paid by companies like Comcast, Windstream, and AT&T to make sure publicly owned ISPs never get off the ground.

Phone companies like Windstream are seeking federal funding from the FCC Connect America Fund that will defray up to $775 per home for new broadband hookups delivering at least 4/1Mbps service. But Georgia’s legislation will set a new standard for minimum broadband at a much slower 1.5Mbps, benefiting telephone companies like AT&T, CenturyLink and Windstream. All can claim their existing 1.5Mbps DSL lines are good enough for Georgia to consider an area “served” by broadband. That certification would make it impossible for a publicly owned provider to establish far faster service.

Stop the Cap! strongly urges Georgia residents to contact their state representative and ask that he or she vote no on H.B. 282, which is nothing more than another corporate-written and backed protectionism bill that will guarantee rural Georgia remains mired in a slow speed broadband swamp. The best way corporate ISPs can guarantee no community will rise up to compete is by providing 21st century broadband speeds and service to local residents.

The proposed bill is scheduled for its first hearing tomorrow afternoon at 4pm.

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Susan Crawford, former special assistant to President Obama for science, technology and innovation, and author of Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, joins Bill to discuss how our government has allowed a few powerful media conglomerates to put profit ahead of the public interest — rigging the rules, raising prices, and stifling competition. As a result, Crawford says, all of us are at the mercy of the biggest business monopoly since Standard Oil in the first Gilded Age a hundred years ago. “The rich are getting gouged, the poor are very often left out, and this means that we’re creating, yet again, two Americas, and deepening inequality through this communications inequality,” Crawford tells Bill. (26 minutes)

The Man from A.L.E.C. represents premiere members Time Warner Cable and AT&T.

The News & Observer has printed a rebuttal to a guest editorial from Christopher Mitchell and Todd O’Boyle accusing the two of misleading readers about the true state of North Carolina’s broadband.

The author, John Stephenson, is director of the Communications and Technology Task Force at the American Legislative Exchange Council (ALEC). Considering North Carolina’s largest broadband providers — AT&T and Time Warner Cable — are both card-carrying members of ALEC, his response mouths their words.

Nearly 300 million Americans have access to at least one and, in most cases, two or three broadband providers. Moreover, wireless and satellite providers continue to invest in 4G wireless technology and new satellites that can now offer speeds rivaling wired broadband.

By contrast, government-owned broadband has demonstrated mixed results at best and abject failure at worst. Cities’ attempts to build and operate their own broadband networks have been marked by poor results, huge debts and accounting gimmicks that threaten taxpayers.

In North Carolina, broadband “consultants” persuaded cities like Salisbury and Mooresville to ignore basic economics and to compete against private providers. But the broadband networks recorded deficits and were forced to tap other sources of financing. Despite these losses, as many as three dozen North Carolina cities appeared ready to go down the same dangerous path.

Stephenson’s rebuttal regurgitates the usual Time Warner Cable and AT&T talking points — the same ones used to convince North Carolina legislators to ban community broadband (with contributions to their campaign coffers stapled to the back).

Fact: North Carolinians typically have at most two choices for broadband, the telephone and cable company. Only a few cities were lucky enough to construct community-owned alternatives before the hammer fell in the General Assembly. Stephenson’s alternatives include satellite broadband, which delivers slow speeds and a paltry usage allowance or wireless 4G broadband that will set you back a fortune. North Carolina’s largest providers AT&T and Verizon Wireless sell service with a starting monthly cap of 1GB. Anything more costs more. These are hardly comparable choices to wired broadband.

Fact: Community broadband in cities like Wilson and Salisbury dramatically outperform Time Warner Cable and AT&T and deliver a fair deal instead of temporary promotions and endless rate hikes from the cable/telco bully boys. Stephenson uses the case of Mooresville to trash community broadband, which is a weak example. That city bought a decrepit cable system from bankrupt Adelphia Cable and had to spend a fortune to rebuild it. It’s now on track to deliver for local residents. Those communities would have been better off with a fiber to the home system, but the rebuilt cable system still delivers more competition than Time Warner and AT&T ever gave one-another.

Stephenson also ignores the debts the cable and phone companies piled up when they first built their networks. It is the cost of getting into the telecommunications business. Cable companies needed 10, 20, or even 30 years to pay off construction costs. Community providers got into telecommunications with the knowledge it would take time to pay back the initial debt, but they hope to do it without gouging customers.

ALEC routinely pits community providers against private ones as “government funded unfair broadband competition.” But the group ignores the fact cities like Charlotte have doled out tax incentives and other goodies to Time Warner Cable for building its new headquarters there. AT&T is not doing too bad either, securing statewide video franchising and effective permission to drop its ugly U-verse cabinets on public easements all over the state.

The fact is, the only disruptive force in North Carolina’s broadband market comes from community-owned providers trying to break up the comfortable telco-cable duopoly that charges nearly the same prices for the same yesteryear service. That’s a story The Man from A.L.E.C. cannot afford to tell you.