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Truth Squad: Kansas City Star Drinks the Kool-Aid

kaidStoptheCap! must organize a Truth Squad of volunteers willing to confront sloppy journalism, lazy reporters, and Kool-Aid drinking consumers hoodwinked into actually believing that metered pricing is about saving them money instead of fattening broadband provider profits.

Your job: To find press accounts that might as well have been rewritten industry press releases, those that adopt the premise that the provider is pushing, and exposing industry talking points that go unchallenged in the media.  Then the call to action goes out to bombard the reporter with protest e-mail, confront the bias in the reporting in letters to the editor, and pro-consumer pushback in comment sections where the public can learn some facts for a change.

The Kansas City Star utterly failed in its report on Saturday, lapping up industry talking points and presenting them in a myopic view of the future of broadband.  Reporter Scott Canon quoted opposition from one public statement on the Free Press website, one sentence from a group called Knowledge Ecology International, and a sentence from a press release from Rep. Eric Massa (D-NY).  After that, he paddled around the pool with one industry talking point after another.

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Call to Action – Act Now North Carolina Or Be Stuck With the Same Slow Choices You Have Now

This Wednesday morning, May 6th at 10:00am, the Public Utilities Committee is meeting in Room 1228 of the Legislative building on Jones St. in Raleigh to vote on HB 1252.  HB 1252 is the “Level Playing Field” bill, sponsored by Rep. Ty Harrell (D-Wake County), that would forever tie the hands of municipalities from ever offering better, faster and cheaper broadband Internet for their residents.  The city of Wilson already offers such a service called Greenlight.  After looking at what they offer for speeds and pricing, it will be understandable if you need a few moments for the anger over what you pay the “other guys” to dissipate and for your composure to return.

I am assembling a small army of outraged consumers across North Carolina to attend this critically important meeting and make our views known about HB 1252, which at its core screams anti-competition.  Everyone in North Carolina who cares about the cap issue, metered pricing, or municipal broadband needs to attend this meeting and show our feelings.  Municipal broadband is the safety valve we need to combat usage caps, price gouging, and rationed Internet.

Don’t be the hamster on the wheel spinning around and around in the cage current providers have constructed for our broadband service.  We deserve better, and we can make a difference!  Cable and telephone providers refuse to make the upgrades we demand and deserve.  Without competition, why spend the money to upgrade?  Let them get away with this, and you can be assured of slow speeds and bad service indefinitely.

Make an investment in yourself and your community and come to Raleigh this Wednesday morning.  Let’s demonstrate once again that organized consumers do not have to sit back and simply take what they give us.

When: Wednesday, May 6 10:00AM

Where: North Carolina Legislature Building, 16 West Jones Street, Raleigh (Here is a Google map of the area.)  Room 1228

Additional Information:  Be sure to follow any comments left on this article for last minute updates/information.  There is also a Facebook Group to oppose this bill and get late-breaking news and developments.

Jay Ovittore lives in North Carolina and is coordinating a pushback against corporate sponsored protection bills like HB 1252 and SB 1004 in the state legislature.

An Analysis of HB 1252: ‘The Entrenched Monopoly Protection Act’

j0189616The first fallacy of HB 1252 can be found in its name, Level Playing Field/Cities/Service Providers. Would a level playing field exist where companies like Time Warner Cable and Embarq are exempted from the rules enacted in the bill, because they are private providers? No. The bill states very clearly all of the restrictions are on municipalities, all of the freedom from the restrictions go to private industry. This bill does not create a level playing field – it empties it of municipal projects leaving Time Warner and Embarq exactly where they are today, enjoying the fruits of a duopoly.

What do you think Time Warner would do if they had to follow these rules and regulations? They would fight the bill as anti-competitive, which it is. HB 1252 does one thing very well – preserves the de-facto duopoly for the companies that already provide service.

Sure, you could argue that municipalities could still technically set up service under this bill. But, what taxpayer is going to allow their City Council or County Commission to borrow money like a private business? Prohibited from consideration are bond initiatives and grants from foundations, as well as access to the $4.7 billion in stimulus money from the American Reinvestment and Recovery Act (ARRA), to provide state of the art broadband to underserved parts of our country. So one could say that HB 1252 is prohibiting the Reinvestment and Recovery of North Carolina’s economy.

Congress’ own studies and research shows ARRA funding is critical to the deployment of rural broadband, which simply will exist in no other way. In this part of the country, outside of the largest cities we are are all underserved by cable and telephone broadband providers. What community wouldn’t if the incumbent providers capped and limited usage at radically higher prices.

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North Carolina Denied Broadband Development Funds If Anti-Consumer Bill Passed

Phillip Dampier May 4, 2009 Community Networks, Public Policy & Gov't 1 Comment

get the factsThe cable and telephone industry only answers to their own interests and to those of their stockholders.  So it’s no surprise they have little interest in the collateral damage that will be done across the state of North Carolina when bad bills become worse law.  If it means forestalling competition, and remaining the sole provider of lackluster service to communities that need something better, so be it.  In rural communities where broadband is simply not feasible to provide under existing business models, the only opportunity for ANY network to be built comes from the same principles that assured homes of electricity and telephone customers in the smallest corners of the state equitable access to service, an equity of access fund.

That’s why it’s now up to the citizens of North Carolina to vehemently oppose SB 1004 and HB 1252, companion bills designed to kill competition and leave smaller communities and cities from one end of the state to the other in a broadband backwater, where they’ll provide what they think is good enough for you to have, if you have it at all.

Important Questions & Answers North Carolina Needs to Consider

Why does the industry want local governments subject to the requirements of SB1004 and HB1252? So local broadband networks don’t develop. Industry spokesmen say if local governments want to enter the broadband business they must play by the same rules as the private sector. But these large companies are not subject to the rules created by SB1004. SB1004 saddles local governments – even those who want to partner with private sector companies — with unique, new rules — numerous reporting, auditing, accounting, and rate setting requirements that the industry knows will stop these deployments in their tracks.

Will the industry be subject to the “level playing field” requirements of SB1004 and HB1252? No. The industry would cease providing broadband services if they were subject to the requirements of SB1004, due to the enormous burdens it places on broadband service providers. The industry will not be subject to SB1004’s prohibition on cross-subsidies, its rate setting provisions, its annual PUC reporting, auditing or public disclosure requirements. The purpose of S1004 is to slant the competitive playing field in the industry’s direction and prevent local communities from providing their residents the broadband they need.

Is it true that SB1004 and HB1252 prevent local communities from applying for the new $4.7 Billion in Federal Broadband Stimulus Grants? Yes. Section 160A-329 (b)(3) of SB1004 prohibits municipalities who provide broadband services to the public for a fee from using any revenues to build or operate the system other than those generated by the system. This means municipalities would not be able to use any federal grant money to offset the cost of building or operating their voice, video or data systems. This is in complete contradiction to Pres. Obama’s recent Financial Stimulus (ARRA) law which makes state and local governments, not the private sector, directly eligible for billions in low cost or free capital so they can provide affordable, state-of-the art broadband services to underserved areas of our country.

Are the cable and telephone industry really interested in the welfare of taxpayers? No. The industry does not care about local taxpayers; they care about profit. The telephone and cable industries want you to believe that local broadband systems will fail, and that they do not want local taxpayers to be harmed. Local broadband systems are not failing and that is why the industry is trying to stop them. Think about it. If local broadband systems were failing, the industry has nothing to worry about. If North Carolina’s largest cable provider cared about taxpayer money, then why did it raise rates 5-50% this year in all communities except those where municipalities were providing competitive cable service? Our State’s largest communication companies have maximized their profits instead of upgrading their networks to globally competitive levels. That is why Congress has now stepped in to stimulate municipalities to deploy needed broadband infrastructure. Congress has decided that taxpayer money should be used to build this broadband infrastructure so critical to our economic competitiveness.

How do we ensure public accountability on public broadband projects without SB1004 and HB1252? Local governments are subject to numerous state and local laws requiring public accountability and scrutiny of infrastructure projects. The General Assembly established The Local Government Commission to exercise fiscal control over, and approve all, local government public enterprise projects. Local laws require local governments to hold public hearings. All public documents are subject to public disclosure (“sunshine laws”), a device actually used by the industry to obtain access to municipal financial and strategic planning decisions. Federal grants carry extensive accountability requirements. In contrast, North Carolina’s telephone and cable companies are not required to reveal their finance and marketing decisions to anyone. The industry is not accountable to the public – they are accountable to short-term profits. Local governments are accountable to the public –their decisions are driven by the need to improve the quality of life, and the environment for local businesses.

Will SB1004 and HB1252 harm public safety networks? Yes. Public Safety networks are typically regional communications networks incorporating Counties, Cities, and Towns, all who pay-in to operate the network and who receive federal grants to subsidize operational costs. Because these networks are fee-based, they would be subject to SB1004 and shut down by its restrictive rate-setting and financing requirements, where only revenues generated directly from the system could be used to operate them. Public safety systems would no longer be eligible for Homeland, ARRA or Farm Bill grants.

Questions and Answers Courtesy of Seatoa.com

North Carolina HB 1252: The Language

Jay Ovittore May 4, 2009 Community Networks, Public Policy & Gov't Comments Off on North Carolina HB 1252: The Language

nc-legHere is the text of House Bill 1252 as approved by the Committee on Science and Technology on 4/23/09.

A BILL TO BE ENTITLED AN ACT TO REGULATE COMPETITION BETWEEN LOCAL GOVERNMENT AND PRIVATE BUSINESS BY REQUIRING CITIES THAT PROVIDE COMMUNICATIONS SERVICE TO THE PUBLIC TO COMPLY WITH LAWS APPLICABLE TO PRIVATE PROVIDERS, TO ESTABLISH SEPARATE ENTERPRISE FUNDS, TO NOT CROSS-SUBSIDIZE COMMUNICATIONS SERVICE WITH OTHER GOVERNMENTAL FUNDS, TO IMPUTE THE COSTS THAT WOULD BE INCURRED BY PRIVATE PROVIDERS, TO ANNUALLY REMIT TO THE CITY’S GENERAL FUND THE COSTS THAT WOULD BE INCURRED BY PRIVATE PROVIDERS, AND TO PREPARE AN ANNUAL AUDIT OF COMPETITIVE ACTIVITIES.

The General Assembly of North Carolina enacts:
Article 16 of Chapter 160A of the General Statutes is amended by adding a new section to read as follows:

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