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.

North Carolina: The home of the House-sanctioned broadband slow lane.

Not a single Republican member of the North Carolina House of Representatives stood with consumers yesterday as the cable industry’s custom-written anti-community-broadband bill — H.129 — passed the House in a lopsided 81-37 vote. Fifteen Democrats joined them, some after it was apparent the bill would enjoy lockstep support from their Republican colleagues.  Only three dozen Democrats were willing to choose the interests of their constituents over the interests (and campaign contributions) from Time Warner Cable, AT&T, and CenturyLink.

Rep. Bill Faison (D-Orange) told WRAL-TV voters need to be aware H.129 was Time Warner’s custom-written bill imposing harsh terms and conditions on community broadband networks, while exempting big cable and phone companies.

“Where’s the bill to govern Time Warner?” Faison asked.

Faison predicted the bill will make it next to impossible for any future community broadband effort to deliver service, even in areas where nobody else has or will.

In the communities of Mooresville and Davidson, House Speaker Thom Tillis (R-Cornelius), who represents north Mecklenburg including Davidson and Rep. Grey Mills (R-Mooresville) both voted for the bill, throwing the local community-owned MI-Connection cable system under the bus.  That cable system, acquired from bankrupt Adelphia Cable and rebuilt to modern standards, faced unexpected financial hurdles from the decrepit state the infrastructure was left in when it was sold.  H.129 would limit the system’s ability to reach its entire natural service area in an effort to remain viable, likely banning service for unincorporated Mecklenburg and Iredell counties, and parts of the community of Corelius.

Avila’s statements defending her bill ranged from confusing to the downright absurd — particularly the assertion that high tech businesses will avoid North Carolina if her bill didn’t pass because companies would not want to do business in a state where the local government provided competing broadband service.  That’s a ludicrous notion for a business confronted with 1.5Mbps DSL from CenturyLink.  No high technology business will want to do business in a state that delivers some of the nation’s least adequate broadband service.  With Ms. Avila’s efforts, that fact of life could gain rubber stamp approval from many in the state legislature more interested in protecting the profits of New York-based Time Warner Cable than Wilson, N.C.-based GreenLight.

The bill is headed to the Senate next.  We’ll have a Call to Action up shortly regarding this.

If your member from the House of Representatives is not on the list below, they need to be held accountable for doing the wrong thing for North Carolina broadband.

NC House of Representatives Members Voting For Consumers By Opposing H.129

(Click the name of your member to obtain current contact information, and please send thanks for their vote yesterday.)

Q.  What moves faster than North Carolina’s cable and DSL service?

A.  Legislation to make sure the state’s telecom companies can continue to provide slow, expensive, and hit or miss service for years to come.

Big Telecom money has greased the process as H.129, the Telecom Monopoly Preservation and Protection Act is rushed to the House floor before North Carolina consumers know what is happening.

Residents have until Monday evening at 7pm to make their feelings known on this anti-consumer nightmare for cities and small towns:

• H.129 will shut down the digital economies of small cities like Wilson and Salisbury just as they are primed to sell themselves as a great home for high-tech, high-paying jobs.
• H.129 guarantees rural North Carolina will resemble the 21st century equivalent of Oliver Twist — begging for whatever limited broadband the state’s phone companies refuse to deliver.

The appalling truth is that the companies pushing for this bill only want broadband service on their watch, under their control, with their high prices and virtually no competition or choice.  And now AT&T is prepared to limit your broadband usage as well, establishing usage caps and overcharging customers who exceed them.

Do you want your broadband choices limited to these phone and cable companies?  Considering North Carolina broadband is ranked 41st out of the 50 states, it’s clear they don’t consider the state a priority.

But it does not have to be this way.  Where providers drop the ball, communities should have the choice to pick it up and run with it.  That is what Wilson and Salisbury did, and the result is the best broadband service in the state.  That’s a threat Time Warner Cable and CenturyLink can’t afford to ignore, which is why they want these networks stopped at all costs.

Defeating H.129 is critical to the state’s broadband future.  As written, it delivers no new broadband connections, does not promote or provide any competition, or help any individual or community.  It was written by the state’s telecom companies to benefit them, and them alone.  It guarantees you will be stuck paying ever-increasing bills for limited service indefinitely.

Tell House members they must do what is right for the voters, not what is right for the cable and phone companies.  Tell them to VOTE NO ON H.129.  The broadband saved may be your own.

You can find your individual representative and their contact information below the jump.  Please get writing and calling today!

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Despite today's setback, North Carolina's broadband hero is Rep. Bill Faison, who stood up for rural broadband.

In the North Carolina legislature’s Finance Committee, a one week timeout “to hear views from the public” actually means giving breathing room for cable and phone lobbyists to strip away surprise amendments not to their liking.  This morning, in a catastrophe for consumers, the state’s largest phone and cable companies got legislators to wipe out a provision that would have helped guarantee rural North Carolina at least 4Mbps broadband service, either from existing providers or new ones that develop in their absence.

During debate of H.129, the anti-Community Broadband bill, North Carolina consumer interests were kept out of sight and mind as lobbyists worked their magic to get rid of Rep. Bill Faison’s (D-Caswell, Orange) amendment that would set the state’s minimum acceptable definition of broadband at 4Mbps with a 1Mbps upload speed.  With the help of several flip-flopping representatives, they got their wish.

Faison’s amendment was designed to open the door to someone — anyone — to bring broadband into rural areas of the state.  While Time Warner Cable, AT&T, and CenturyLink dawdle, large numbers of rural residents simply go without any broadband service.  Faison’s amendment was simple and reasonable — if at least half of an area is not served with 4/1Mbps service, provisions should be made to allow local communities, if they wish, to establish service themselves to get the job done.

Last week, when Faison’s amendment appeared to be headed for incorporation into the bill, industry lobbyists blanched and fled the room, raising vocal objections and demanding a week timeout before a vote was taken.  After winning their reprieve, they managed to get the Republican majority in line to throw rural North Carolina under the bus, uniformly opposing Faison’s amendment.  Two Democrats, one representing the city where Time Warner Cable’s regional division is headquartered, joined them.

Hall of Shame: Rep. Carney does not care about North Carolina's digital divide.

In its place, they substituted a new amendment which defined broadband in the state of North Carolina as any service occasionally capable of achieving 768kbps downstream and 200kbps upstream.  That represents “well-served” among these industry-friendly legislators.

Among the worst offenders that stood out today were Reps. Jeff Collins (R-Nash) and Becky Carney (D-Mecklenburg).  Last week, they were standing with North Carolina consumers.  This week, they are voting for the interests of the cable and phone companies.  Rep. Carney, who lists her occupation as “homemaker”, voted to guarantee North Carolina families years of slow, expensive and erratic broadband service, if available at all.  Collins supported an amendment that says Nash County residents should do just fine with broadband speeds that don’t even manage to break 1Mbps.

The bill next moves to the floor of the House for consideration.

What is missing from this debate is a realization on the part of the legislature cable and phone lobbyists do not want anyone delivering basic broadband service in rural North Carolina unless it comes from them, and to date they have shown no interest in delivering it.

After all the debate, here is a fact no one can ignore.  The only networks in the state capable of delivering world class 100Mbps broadband are two fiber based community-owned networks in Wilson and Salisbury.  The companies that want to see them out of business see 768kbps as more than adequate to define broadband availability in North Carolina.  When members of the Finance Committee agreed, it helps explain how the state has managed to rank 41st in broadband excellence.

It’s time to ask your legislators what side they are on.  Yours or the state’s cable and phone companies.