New York Governor Andrew M. Cuomo announced this week New York State will award $25 million in funding to expand high-speed Internet access in rural upstate and underserved urban areas of New York through the Connect NY Broadband Grant Program. This award brings the total amount of funding awarded for broadband projects during Governor Cuomo’s administration to more than $56 million, the largest statewide broadband funding commitment in the nation.

Unlike many broadband grant programs, New York is primarily targeting last-mile projects that make all the difference for New Yorkers that cannot get broadband service at any price. The federal government and some states have focused instead on funding institutional or “middle-mile” networks that ordinary consumers and businesses cannot access. The Connect NY Broadband Project specifically sought projects that will get residents broadband service as quickly as possible.

Pat Pryor is chair of the Tompkins County Legislature’s Special Committee on Broadband, which is fighting for better service in the Southern Tier of New York. Pryor says the grant will make a real difference because Verizon and Time Warner Cable have refused to expand service where they consider it unprofitable. She told the Innovation Trail the funding will help a wireless ISP in her county that specializes in serving rural areas bypassed by cable and DSL.  (1 minute)
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“Through the Connect NY program, we are bringing high-speed Internet access to all corners of New York State,” Cuomo said. “The projects receiving these grants represent the very best proposals with the most potential to benefit statewide economic and community development efforts. These funds will strengthen New York’s broadband capacity and encourage sustainable adoption of broadband service in unserved and underserved communities, counties and regions across the state.”

Cuomo

Altogether, about 6,000 square miles of new infrastructure will offer high-speed Internet service to 153,000 New York households, 8,000 businesses, and 400 community anchor institutions – many without any means to access the Internet. The projects will also create 1,400 new jobs.

The funding comes as a relief to New York residents who have gone without service for years, denied access to earlier grants in part because incumbent providers inaccurately claimed, through national broadband maps, they already offered full broadband coverage in many New York counties that actually don’t have service.

Tompkins County is a case in point. Verizon and Time Warner Cable, the dominant providers, volunteered incorrectly that almost the entire county was well-served with broadband. That proved frustrating to county legislator Pat Pryor.

“It matters, because a lot of times [the maps are] what grant funding is predicated on,” Pryor told the Innovation Trail. “[Funders say] If you don’t have any unserved areas, why would you need a grant? We’re almost 100 percent covered, why would we need any money?”

Claire Perez has spent more than a year fighting for broadband for her neighborhood in West Dryden, which is just over 1/2-mile from the nearest Time Warner Cable customer. She talked with the Innovation Trail last March about her plight. Despite endless rounds of petitioning the cable operator to extend service, the company would only quote “go-away” prices ranging from $23,000-54,000 to wire her neighborhood and home. Perez, and others like her, may be among the biggest beneficiaries of the broadband expansion program if they are near a Time Warner Cable service area. (3 minutes)
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The specifics:

$24,010 The Smithville Project
This project with Haefele TV Inc. will serve the Southern Tier region. The Smithville project will build fiber optic cable utilizing existing infrastructure. The network will pass 350 homes and provide broadband service with speeds of 7 Mbps download and 1.5 Mbps upload to approximately 100 new subscribers.

$114,015 Ovid and Romulus Broadband Project
This project with Trumansburg Telephone Company will serve the Finger Lakes region. The Ovid and Romulus Broadband Project will provide broadband to unserved areas in company territory in the towns of Ovid and Romulus. This project will enable 110 customers in this area that have no availability to any type of broadband services to obtain high-speed Internet service. The project will also offer discounts on subscription fees, free training and email addresses.

$200,000 Connect Thurman White Space Project
This project with Warren County Economic Development Corporation will serve the Capital District region. Through a public/private partnership, the Thurman White Space project will provide broadband access to 89 households in the northeast area of the Town of Thurman. The Town of Thurman will also offer economically disadvantaged residents access to public computers and enhanced digital literacy training.

$557,000 Essex County Broadband Service Expansion
This project will serve the North Country region. The Essex County Broadband Service Expansion project will provide high-speed broadband service to households that do not have access within the Towns of Jay and Wilmington, passing 1,900 households. The project will also provide digital video services and potentially a competitive telephone service.

$558,940 Otsego County Wireless Network
This project with the County of Otsego IDA will serve the Mohawk Valley region. The Otsego County Wireless Network will partner with a last-mile provider to leverage a county-wide, open access fiber backbone to deploy last-mile, wireless broadband to 24 towns, 9 villages and 1 city in Otsego County, serving approximately 28,000 households, 4,500 businesses and 300 community anchor institution locations. The wireless network will also be made available to any viable organization or service provider that wishes to use it.

$572,000 Hamilton and Herkimer Counties Broadband
The Broadband 1 project with Newport Telephone Company is a multi-region project serving the North Country and Mohawk Valley regions. The project will leverage existing infrastructure to provide broadband service to 230 residents, businesses and community anchor institutions in Hamilton and Herkimer Counties. The project will also enhance emergency services for both counties.

$672,452 Southern Tier Broadband
This project with the Southern Tier West Development Foundation will serve the Western region. The project will expand access to broadband service and increase broadband speeds through a WiMAX (Worldwide Interoperability for Microwave Access) system to towns and villages in the counties of Chautauqua, Allegany, Cattaraugus, and Erie County, passing more than 41,000 households. The project will also partner with local medical clinics to enhance electronic medical records and upgrade hardware and software at libraries in Chautauqua, Cattaraugus, Allegany, Steuben, and Chemung Counties.

$800,000 Allegany County Broadband
This project with Allegany County will serve the Western New York region. The Allegany County Broadband project will create a county-wide platform for providing access to an existing network, delivering broadband to 28 local communities and 17,440 households in Allegany County that are currently without broadband service.

$976,426 Lyon Mountain Broadband
This project with Slic Network Solutions will serve the North Country region. The Lyon Mountain Broadband Project will provide high-speed, low-cost broadband service in the Community of Lyon Mountain to 527 households, utilizing fiber-to-the-home technology. In addition this network will also deliver telephone service, IPTV service, and advance business services over the fiber.

$1,012,366 Bellmont North Next Generation Broadband
This project with Slic Network Solutions will serve the North Country region. The Bellmont North Next Generation Broadband project will provide high-speed, low-cost broadband service in the Adirondack Park to the northern end of the Town of Bellmont. This service will be delivered utilizing 25.3 miles of fiber to the home and wireless technology to connect 124 households. The network will also allow for the delivery of telephone service, IPTV service, and advance business services over the fiber.

$1,636,346 Connect NYC
This project with the New York City Economic Development Corporation will serve the New York City region. By conducting a competition to fund fiber build out to small and medium businesses and in collaboration with private sector Internet Service Providers, the Connect NYC Project will be used to extend the fiber infrastructure available to commercial and industrial businesses in New York City. Business owners who will need industrial dust control protection may consider contacting experts like WeatherSolve for professional installation services.

$1,800,000 MTC Broadband Buildout
The MARK Project Inc. will serve municipalities in the Capital District, Mohawk Valley and the Southern Tier. The project will deliver telecommunications services, including broadband, voice and video services, to 900 residents, businesses, and anchor institutions within the unserved areas of the towns of Conesville, Gilboa, Halcott, Middletown, and Roxbury. The project will also offer broadband connectivity to community anchor institutions within the service area free of charge.

$1,999,584 Parish Broadband
This project with New Visions Communications will serve the Central New York region. The project will utilize existing infrastructure to provide high-speed internet, VoIP and cable television to the Town of Parish, where 72% of the population does not have access to broadband, VoIP or landline cable television. The project will also create 20 construction jobs and 6 permanent jobs.

$2,042,177 Connecting the Capital Region
Hudson Valley Wireless will provide high-speed fixed wireless broadband access to nearly 40,000 households and 2,000 businesses that currently do not have access in Washington and Rensselaer Counties. In addition, the network will enhance public safety operations in the region by enabling redundancy of public safety communications and by allowing municipalities to use a portion of the bandwidth at no cost.

$2,162,656 Schroon Lake Next Generation Broadband
This project with Slic Network Solutions will serve the North Country region. Slic Networks Solutions will provide high-speed, low-cost broadband service to 457 households in the unserved areas of the Town of Schroon and the Town of North Hudson. This service will be delivered utilizing fiber to the home technology. Slic will also provide wireless hot spots for frequently visited public locations including the public beach in Schroon Lake.

$2,216,000 Tompkins and Cayuga Counties Last Mile Coverage
This project with Clarity Connect Inc. is a multi-region project serving the Central New York and Southern Tier regions. This project leverages existing tower infrastructure to provide broadband services to the unserved portions of the Towns of Ulysses, Enfield, Newfield, Danby, Groton, Lansing, Ledyard, Genoa, Venice, Scipio, Niles, Sempronius, and Summerhill in Cayuga and Tompkins County. The project will also upgrade DSL services increasing existing speeds.

$2,407,049 Yates County Open Access Fiber Network
This project with Yates County will serve the Finger Lakes region. The Open Access Fiber Network will build and operate a fiber-optic ring with spurs to remote areas within the County of Yates. This network will serve as a backbone foundation for the development of community-based broadband initiatives. The open access fiber network will be 68 miles long, passing 10,400 households and available for use within each town it routes through.

$5,266,979 Statewide Broadband Expansion
The Statewide Broadband Expansion Project is a statewide project serving 9 regions. Time Warner Cable will deploy robust high-speed Internet service to 4,114 households in the Capital, Central, Finger Lakes, Mid-Hudson, Mohawk Valley, NYC, North Country, Southern Tier and Western regions of New York State. The project will also provide residents with access to digital TV, telephone services and security services.

The business community of Poulsbo, Wash., a Seattle suburb of 9,000 in Kitsap County, is fed up waiting around for CenturyLink and Comcast to increase broadband speeds in the area so several have joined forces to share the city’s underused, existing fiber-optic cables to offer free Internet access for area businesses and residential users.

The Kitsap Public Utility District has launched a public-private partnership that offers free wireless mesh antennas to businesses willing to host them and pay any power costs incurred, so long as they agree to let customers and others in range of the network use it at no charge. The wireless mesh technology, more robust than traditional Wi-Fi, costs the public utility district between $7,000-$12,000 per site, but the resulting wireless coverage is cheap compared to wiring individual homes and businesses with fiber.

Local businesses, community leaders and the public consider it a win-win for everyone, especially because the existing institutional fiber network already in place is underutilized. The comparatively inexpensive wireless technology has not created any significant issues for area taxpayers or ratepayers, which effectively underwrite the antenna purchases, installation, and maintenance.

The wireless network offers speedy connections — as much as six times faster than the current broadband speeds sold by Comcast and CenturyLink in the county.

So far, four antennas have been installed downtown at local restaurants and a Lutheran church.

Stephen Perry, the PUD’s superintendent of telecommunications, says the new network is a pilot program to test if an economic model can be created to sustain the service and eventually expand it.

“The whole idea was to have it be a community network. It’s community based and owned so to have the community step up and want to take ownership of it … thought we’d have to force it on people,” Perry told the Kitsap Sun, noting district workers “can’t go fast enough” responding to fiber-optic interest.

The surprising support from the local business community has helped drive the project and publicize it. Local businesses love the new service, which they consider more reliable than paying for and maintaining a Wi-Fi network and Internet connection from Comcast or CenturyLink. The service does not require a password or complicated setup to access and has proved more reliable than older Wi-Fi solutions. Customers also enjoy the higher speeds.

Ed Stern, a member of the city council, said wireless mesh technology represents a major improvement over traditional Wi-Fi.

“It’s not a typical ‘hot spot’ limited to that business or specific location, but rather like ‘umbrella’ coverage, in that the antennas join together to create seamless coverage of everything and everybody throughout the area,” Stern said, adding network expansion is now inching into residential neighborhoods as well. “It’s really exciting.”

With countless towns and cities equipped with underutilized institutional fiber broadband networks lacking money to install direct fiber connections to homes or businesses, the wireless mesh option can offer an affordable introductory solution to expand service, publicize the community broadband initiative, and build support for even more ambitious public broadband opportunities in the future.

One local resident told the newspaper it was about time.

“The privatization business model has proven a failure,” wrote one reader. “Kitsap PUD needs to offer retail broadband to residents and businesses. These fiber cables are just sitting there doing nothing. There is one at the end of my driveway, but no one will sell me the service. Why would CenturyLink bother when they can continue to get overpaid for very slow speeds. In most places, there aren’t choices.”

Four of the nation’s largest phone companies — two former Baby Bells, two independents — have very different ideas about solving the rural broadband problem in the country. Which company serves your area could make all the difference between having basic DSL service or nothing at all.

Some blame Wall Street for the problem, others criticize the leadership at companies that only see dollars, not solutions. Some attack the federal government for interfering in the natural order of the private market, and some even hold rural residents at fault for expecting too much while choosing to live out in the country.

This four-part series will examine the attitudes of the four largest phone companies you may be doing business with in your small town.

Today: CenturyLink — Our Commercial Customers Deliver 60% of Our Revenue; Our Attention Follows Accordingly

“Business customers now drive about 60% of our total operating revenues,” CenturyLink CEO Glenn F. Post III told investors in March. “Our focus on delivering advanced solutions and data hosting services to businesses are key factors in improving our top line revenue trend.”

With residential customers departing traditional landlines at an average rate of 5-10 percent a year, keeping customers has become an important priority for a number of phone companies, especially those who have plowed millions into mergers and acquisitions to build their businesses. For the past several years, CenturyLink has been acquiring small, regional independent phone companies, a former Baby Bell, and a competing landline provider Sprint used to think would be an important part of its business.

Century Telephone’s original customers were mostly cobbled together from acquisitions from other phone companies, including names like GTE, Central Telephone Company of Ohio (part of Centel), Pacific Telecom, Mebtel and GulfTel. But the biggest expansion of the company would come from acquisitions of Sprint-spinoff Embarq and former Baby Bell Qwest.

Today CenturyLink operates one of the nation’s largest independent phone companies, and serves markets large (primarily on the west coast) and small (rural communities primarily in the southeast, Missouri, Ohio, Indiana and Wisconsin).

CenturyLink’s revenues have often been uneven, mostly because of its acquisitions, landline losses, and the effects from competition in its larger markets. While CenturyLink’s acquisitions grew the company, they also saddled it with landline networks that have proved inadequate to meet the growing needs of customers. With a disconnect rate running between 6.4% this quarter and 7.6% in the same quarter a year ago, residential customers are leaving their voice lines behind in favor of cell phones and broadband customers are departing for faster speeds available from cable operators.

These “legacy services” lost the company $124 million in revenue — an 8.1% decrease over the past quarter. As customers depart, so do CenturyLink employees that used to handle the old landline network.

To make up the lost revenue, CenturyLink has gotten more aggressive in other areas of its business:

• Increasing focus on business/commercial and governmental services, including managed hosting, cloud computing and other commercially-targeted broadband initiatives;
• Deployment of fiber to cell towers as a growing revenue source;
• Limited, but ongoing rural broadband expansion;
• Development of Prism TV — a fiber to the neighborhood service targeting residential customers.

CenturyLink calls these their four key initiatives towards revenue stability, stable cash flow, and growth.

In the business services segment, CenturyLink sees enormous revenue potential selling businesses access to data centers, co-location services, and ethernet-speed broadband. Last year, CenturyLink acquired Savvis, an important enterprise-level service provider and owner of 50 data centers. Phone companies like CenturyLink are also in a race with large cable operators to be the first to offer cell phone companies access to “fiber-to-the-tower” service to support exploding data growth on 4G wireless networks.

Faster DSL, Fiber to the Neighborhood-Broadband Key to Keeping Residential Customers Happy

CenturyLink’s network map showing both its own service areas, and infrastructure obtained from the acquisition of Qwest.

For consumers, CenturyLink has been moderately aggressive in some areas boosting speeds of its DSL services. The company claims 70% of their DSL-capable landline network provides speeds of at least 6Mbps. At least 55% supports 10Mbps or higher; over 25% can manage 20Mbps or faster.

The company’s Prism TV service, a fiber to the neighborhood upgrade comparable to AT&T U-verse, is now available to nearly 6.3 million homes and apartments in eight cities. By year end, CenturyLink says it will increase that to 7.1 million homes.

Prism represents a significant portion of CenturyLink’s investment in its residential business. So far, the results have not proven a major threat to the competition. CenturyLink added 15,000 Prism subscribers in the first quarter, but the company only has 8% of the market. Cable and satellite providers continue to dominate. But the company says Prism is helping to keep the customers they already have.

CenturyLink says it now taking Prism TV west into former Qwest territory, starting in and around Colorado Springs, Col.

Customers will likely be offered 130 channels starting at $59.99 a month with a free set top box (new customers typically receive a $20 monthly discount for the first six months of service).

The phone company will compete with Comcast, which sells 80 channels for $56 a month (new customers get a $26/mo discount for the first six months).

With CenturyLink providing a better deal, at least for television service, Colorado City officials hope the competition will bring down rates, at least for new customers. That may be exactly what happens, predicts Mark Ewell, a senior account executive with Windstream Communications.

“We could see some pressure on Comcast’s rates. I would like to see Comcast adopt a price model that doesn’t go up after a promotional period,” Ewell told The Gazette.

“CenturyLink is likely to be more of a threat to the satellite providers like DirecTV and Dish because they have a much higher market share in Colorado Springs than they do in most other markets because so many customers left Adelphia [acquired in bankruptcy by Comcast] when it had its financial problems. Those customers have already shown a willingness to leave the cable television provider and try another service.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CenturyLink Prism TV.flv[/flv]

CenturyLink shows off its new Prism TV offering in this company-produced video.  (2 minutes)

CenturyTel acquires Embarq and changes its name to CenturyLink to reduce the emphasis on its traditional landline business.

CenturyLink’s arrival in the triple-play business of phone, Internet, and television service could be the first serious competition Comcast has gotten outside of satellite providers. WideOpenWest had a franchise to provide service in 2000 but never did. Falcon Broadband won a franchise in 2006, but only provides service to around 1,500 customers in the Banning Lewis Ranch, Black Forest, and Falcon areas. Porchlight Communications received a franchise in 2007, installed service for 500 customers but ultimately never charged them. Porchlight’s IPTV service never worked properly with its chosen set top boxes. That fatal flaw put the company out of the cable business, and the company turned the porch light off for good, abandoning its franchise.

Rural Broadband: Unless the Government Delivers More Subsidies, Rural Customers Will Continue Waiting

In late July, CenturyLink announced it would accept $35 million from the Federal Communications Commission’s new Connect America Program (CAP) to deploy broadband to homes and businesses in rural, broadband-deprived parts of its service area.

CenturyLink has the capability to extend broadband to 100 percent of its customers, but not the willingness to invest the money to make that happen, critics contend. CenturyLink freely admits it applies a financial test when considering when and where to expand its DSL broadband service into its most rural service areas.

In short, the company must recoup its costs of deploying broadband within a certain time frame, and be confident that a certain percentage of customers are going to sign up for broadband service, before it will agree to make the investment. Virtually all of CenturyLink’s current service areas have already met or failed that test, which leaves an indefinite group of broadband “have’s” and “have-nots.”

To shake up the status quo, the FCC proposed to shift Universal Service Fund money, collected from all phone customers, away from landline service towards rural broadband deployment. This invites CenturyLink, and other phone companies, to run those financial tests again. With urban customers footing part of the bill, theoretically more homes should squeak past the return on investment test.

In fact, more homes will finally get CenturyLink broadband — around 45,000 in semi-rural and suburban areas where the costs to provide the service are not as great as in truly rural areas.  The FCC is offering to cover just short of $800 per household to cut the costs of deploying rural Internet access.

But CenturyLink complains the money is not nearly enough to solve the really-rural broadband problem.

“In very rural areas where we really have the greatest need for support, this amount, on a per-location basis, will not be enough to allow us to really do an economic build-out,” Post told investors this spring. “So we’re still in the process really of evaluating our opportunities….”

That will leave CenturyLink likely spending considerably more upgrading its urban landline network to support Prism TV instead of supplying rural broadband service.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CenturyLink History.flv[/flv]

Jeff Oberschelp, vice president and general manager of CenturyLink of Nevada discusses the past history of CenturyLink and where phone companies are going in the future in this company-friendly interview.  (6 minutes)

Connected Nation, a broadband advocacy group with ties to some of the nation’s largest telecommunications companies, is accused of rewriting a Florida state budget amendment to divert proceeds from a federal broadband grant to itself.

A growing scandal over broadband map funding and allegations of political maneuvering and favoritism has now extended into the offices of several state Republicans now accused of doing the group’s bidding to change funding allocations in ways that could ultimately threaten Florida’s broadband grants.

Connected Nation’s involvement in the state’s broadband expansion efforts began in earnest in 2009 when the group won a $2.5 million contract to map broadband availability in Florida. A follow-up federal grant for $6.3 million to extend broadband deployment brought the group’s lobbyists back to Tallahassee to secure a “no-bid shot” at that new money for itself, which turned out to be a big surprise to the Department of Management Services, the Florida state agency charged with overseeing the project.

The grant award mandated that money be spent on additional broadband mapping and broadband expansion specifically for libraries and schools. When DMS hired contract employees to manage the project for the next two years, Connected Nation declared war on the effort, considering it their turf.

The Miami Herald called the lobbying battle that then ensued as “an audacious display of lobbying clout [that] got the Legislature to force DMS off the contract and steer the grant to [Connected Nation] instead.”

The newspaper reports the end effect of the bitter feud is a less than useful broadband mapping operation and a threat from the federal government it will yank back what remains of the grant money if things do not improve… quickly.

Connected Nation told the newspaper it defends its position as creating value for taxpayers and citizens. But the group also openly admits its broader goal is to increase broadband usage, which directly benefits its telecommunications partners, which the newspaper says includes AT&T, Verizon, and Comcast.

DMS officials are just as willing to play hardball in the statewide dispute, accusing Connected Nation of producing erroneous broadband maps and being responsible for “repeated performance problems.” They announced last year they would not renew Connected Nation’s contract.

Political observers note DMS probably did not realize who they were dealing with, and Connected Nation’s high powered lobbyists descended on the state capital to pull the rug completely out from under DMS, yanking the entire project away from the state agency and assigning it to another.

Holder

With the help of several Florida Republican legislators and the governor, DMS found itself without a broadband project, as lawmakers transferred it to Florida’s new “Department of Economic Opportunity.” The ultimate decision approving the transfer of broadband matters to an agency that suggests an allegiance to the private sector came from Florida’s governor Rick Scott.

The governor’s office muzzled DMS protestations. Marc Slager, deputy chief of staff for Gov. Rick Scott, acknowledged to the Herald he told DMS to stand down because “we don’t need to have different people from the governor’s agencies advocating an issue.”

Revenge is a dish best served cold, and Connected Nation is not through paying back DMS for interfering in their Florida plans to capture broadband grant funds. The group is taking its time working with several Republican legislators to cut more legs out from under the government agency.

With respect to the $6.3 million broadband expansion grant, the newspaper reports Connected Nation last year simply rewrote a state budget amendment, inserting themselves as the grant winner.

“Attached is a document that reflects conversations we’ve had with Chairman Weatherford, the draft language is consistent with the bill, and it is language we believe the [Legislative Budget Commission] would approve,” wrote Alli Liby-Schoonover, from Connected Nation’s lobbying firm, Cardenas Partners, in February 2011, making the change.

What a broadband mapping group was going to do with the money intended to wire schools and libraries remains unknown.

Phillip "Break Free from 'What's In It For Me'-AT&T" Dampier

[We are reprinting this because it succinctly and persuasively proves a point we’ve been making at Stop the Cap! since 2008.  Broadband is not just a “nice thing to have.” It is as important as a phone line, electricity, and safe drinking water.  News, education, commerce, and culture increasingly utilize the Internet to share information and entertain us. Essential utility services can either be provided by a private company operating as a monopoly with oversight and regulation, or operate strictly in the public interest in the form of a customer-owned cooperative, a direct service of local government, or a quasi-public independent non-profit.

In North America, broadband was originally considered a non-essential service, and private providers in the United States lobbied heavily to maintain absolute control of their broadband networks, free to open them to share with other providers, or not.  They also won sweeping deregulation and are still fighting today for decreased oversight.  The results have been uneven service.  Large, compact cities enjoy modern and fast broadband while smaller communities are forced to live with a fraction of the speeds offered elsewhere, if they have access to the service at all.

With broadband now deemed “essential,” local governments have increasingly sought to end the same old excuses with the “don’t care”-cable company or “what’s in it for me”-AT&T and provide 21st century service themselves, especially where local commercial providers simply won’t step up to the plate at all.  Suddenly, big cable and phone companies are more possessive than your last boy/girlfriend. The companies that for years couldn’t care less about your broadband needs suddenly obsess when someone else moves in on “their territory.” They want special laws (that apply only to the competition) to make sure your broadband future lies exclusively in their hands.

Susan P. Crawford understand how this dysfunctional, controlling relationship comes at the expense of rural America.  She’s a visiting professor at the Harvard Kennedy School of Government and Harvard Law School. In 2009, she was a special assistant to President Barack Obama for science, technology and innovation policy. Her opinions were originally shared with readers of Bloomberg News.]

In cities and towns across the U.S., a familiar story is replaying itself: Powerful companies are preventing local governments from providing an essential service to their citizens. More than 100 years ago, it was electricity. Today, it is the public provision of communications services.

Susan Crawford

The Georgia legislature is currently considering a bill that would effectively make it impossible for any city in the state to provide for high-speed Internet access networks — even in areas in which the private sector cannot or will not. Nebraska, North Carolina, Louisiana, Arkansas and Tennessee already have similar laws in place. South Carolina is considering one, as is Florida.

Mayors across the U.S. are desperate to attract good jobs and provide residents with educational opportunities, access to affordable health care, and other benefits that depend on affordable, fast connectivity — something that people in other industrialized countries take for granted. But powerful incumbent providers such as AT&T Inc. and Time Warner Cable Inc. are hamstringing municipalities.

At the beginning of the 20th century, private power companies electrified only the most lucrative population centers and ignored most of America, particularly rural America. By the mid-1920s, 15 holding companies controlled 85 percent of the nation’s electricity distribution, and the Federal Trade Commission found that the power trusts routinely gouged consumers.

Costly and Dangerous

In response, and recognizing that cheap, plentiful electricity was essential to economic development and quality of life, thousands of communities formed electric utilities of their own. Predictably, the private utilities claimed that public ownership of electrical utilities was “costly and dangerous” and “always a failure,” according to the November 1906 issue of Moody’s Magazine. Now more than 2,000 communities in the U.S., including Seattle, San Antonio and Los Angeles, provide their own electricity.

Today, the Institute for Local Self-Reliance, which advocates for community broadband initiatives, is tracking more than 60 municipal governments that have built or are building successful fiber networks, just as they created electric systems during the 20th century. In Chattanooga, Tennessee, for example, the city’s publicly owned electric company provides fast, affordable and reliable fiber Internet access. Some businesses based in Knoxville — 100 miles to the northeast — are adding jobs in Chattanooga, where connectivity can cost an eighth as much.

Meanwhile, less than 8 percent of Americans currently receive fiber service to their homes, compared with more than 50 percent of households in South Korea, and almost 40 percent in Japan. Where it’s available, Americans pay five or six times as much for their fiber access as people in other countries do. Fully a third of Americans don’t subscribe to high-speed Internet access at all, and AT&T Chief Executive Officer Randall Stephenson said last month that the company was “trying to find a broadband solution that was economically viable to get out to rural America, and we’re not finding one, to be quite candid.” America is rapidly losing the global race for high-speed connectivity.

Tamping Down Enthusiasm

We've done something like this once before.

Like the power trusts of the 20th century, the enormous consolidated providers of wired Internet access want to tamp down any enthusiasm for municipal networks. Last year, telecom lobbyists spent more than $300,000 in a failed effort to block a referendum in Longmont, Colorado, to allow that city to provide Internet access. Time Warner Cable managed to get a North Carolina law enacted last year that makes launching municipal networks there extraordinarily difficult. The pending measures in Georgia and South Carolina are modeled on the North Carolina bill.

The Georgia bill is chock-full of sand traps and areas of deep statutory fog from which no local public network is likely ever to emerge. In addition to the ordinary public hearings that any municipality would hold on the subject, a town looking to build a public network would have to hold a referendum. It wouldn’t be allowed to spend any money in support of its position (there would be no such prohibition on the deep-pocketed incumbents). The community wouldn’t be allowed to support its network with local taxes or surplus revenues from any other services (although incumbents routinely and massively subsidize their networks with revenue from other businesses).

Most pernicious of all, the public operator would have to include in the costs of its service the phantom, imputed “capital costs” and “taxes” of a private provider. This is a fertile area for disputes, litigation and delay, as no one knows what precise costs and taxes are at issue, much less how to calculate these amounts. The public provider would also have to comply with all laws and “requirements” applicable to “the communications service,” if it were made available by “a private provider,” although again the law doesn’t specify which service is involved or which provider is relevant.

The end result of all this vague language will be to make it all but impossible for a city to obtain financing to build its network. Although the proponents of Georgia’s bill claim that they are merely trying to create a level playing field, these are terms and conditions that no new entrant, public or private, can meet — and that the incumbents themselves do not live by. You can almost hear the drafters laughing about how impossible the entire enterprise will be.

Globally Competitive Networks

Right now, state legislatures — where the incumbents wield great power — are keeping towns and cities in the U.S. from making their own choices about their communications networks. Meanwhile, municipalities, cooperatives and small independent companies are practically the only entities building globally competitive networks these days. Both AT&T and Verizon have ceased the expansion of next-generation fiber installations across the U.S., and the cable companies’ services greatly favor downloads over uploads.

Congress needs to intervene. One way it could help is by preempting state laws that erect barriers to the ability of local jurisdictions to provide communications services to their citizens.

Running for president in 1932, Franklin D. Roosevelt emphasized the right of communities to provide their own electricity. “I might call the right of the people to own and operate their own utility a birch rod in the cupboard,” he said, “to be taken out and used only when the child gets beyond the point where more scolding does any good.” It’s time to take out that birch rod.