[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.

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

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.

The Bailiwick of Jersey, one of the British Channel Islands off the coast of Normandy, France, is being wired for fiber broadband speeds as high as 1Gbps and the island’s 100,000 residents are thrilled.

Jersey Telecom (JT), a government-owned service provider, expects to reach every one of the island’s 42,000 homes with Gigabit Jersey — a super-fast fiber network by the end of 2016.  The first 24 homes were switched on for service this week, with new homes coming online daily.

Graeme Millar, JT CEO, says Jersey’s new fiber network replaces the island’s antiquated copper wire based DSL service, and will result in much faster speeds for residents.  The initial trial is focused on La Rocque, Fauvic, and La Moye, and all commercial broadband providers are welcome to use the network to sell their services to residents and businesses on the island.

JT is offering a minimum of 40/40Mbps service to casual users and 1Gbps for Internet addicts.

The fiber project makes no distinctions between urban and rural residents and provides the same speeds to both businesses and residences.  Broadband has become such an important part of island life, it is essential every home have equal access.  With home-based businesses and home-based workers, it doesn’t make sense to only sell fast service to business customers.

The government spent £19m ($29.8 million) on the fiber network it calls an investment in the future.  None of the funding comes from the pockets of the island’s taxpayers.

Jersey officials claim the project will attract new high-tech businesses to the island, which is closer to France than England.

Government officials, and many residents, have rejected complaints from private providers like Airtel-Vodafone who claim the Internet’s future is mobile/wireless, not fiber.  Airtel-Vodafone fought Gigabit Jersey, claiming “fast enough” Internet access was possible over their mobile broadband network.  The company claimed the government investment interfered with private companies’ business plans for Jersey.

“Airtel had no intention of delivering anything close to the speeds we are going to get from JT, and they would hand us plans with small usage allowances and high prices to boot,” says Stop the Cap! reader Marie, who lives on Jersey.  “These companies believe it is more important to let private business dictate the Internet future of Jersey instead of letting people, through our local government, make that choice for ourselves.”

JT’s Gigabit Jersey project claims to be the most ubiquitous and comprehensive Gigabit fiber network in the western world, because it will reach every resident and business on the island.

“Why would anyone want an expensive, slower, and congested wireless network from Vodafone when you can have 1Gbps fiber broadband instead?” asks Marie. “If you want to walk around with a tablet, put a wireless router up and point it into the garden and be done with it.”

JT will gradually replace the island’s existing copper infrastructure as the project continues over the next four years.  The fiber network is expected to also bring down broadband prices, which run as high as $79 a month for 20Mbps service.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/ITV Channel Islands Ozouf under fire over Gigabit Jersey 12-11.mp4[/flv]

ITV in the Channel Islands reports on Gigabit Jersey, the island’s new fiber to the home network, and the controversy over its funding and opposition from private providers.  (2 minutes)

With Verizon and AT&T effectively stalling expansion of their respective “next generation” fiber and hybrid fiber/coax networks, and independent phone companies fearing too much capital spent improving their networks will drive their stock prices down, telephone companies are desperately seeking better options to deliver the faster broadband service customers demand.

The options over a copper-based landline network are not the best:

• ADSL has been around for more than a decade and is highly distant dependent. Get beyond 10,000 feet from the nearest switching office and your speeds may not even qualify as “broadband;”
• DSL variants represent the second generation for copper-broadband and can deliver faster speeds, but usually require investment to reduce the amount of copper between the customer and the switching office;
• Fiber networks are more expensive to build, and some companies are using it to reduce, but not eliminate copper wire in their networks. But companies traditionally avoid this solution in rural/suburban areas because the cost/benefit analysis doesn’t work for shareholders;
• Ethernet Over Copper (EoC) is increasingly the solution of choice for independent phone companies because it is less expensive to deploy than fiber and can quickly deliver service at speeds of up to 50Mbps.

Unfortunately for consumers, EoC is typically way above the price range for home broadband.  Most providers sell the faster service to commercial and institutional customers, either for businesses that have outgrown T1 lines or where deploying fiber does not make economic sense.  Some companies have tried to improve on DSL by bonding multiple connections together to achieve faster speeds, but Ethernet is quickly becoming a more important tool in the broadband marketing arsenal.

With phone companies pricing EoC service from several hundred to several thousand dollars a month, depending on the speed of the connection, they hope to remain competitive players against a push by the cable industry to more aggressively target business customers.  In more rural areas, phone companies lack cable competition, so they stand a better chance of success.

Fierce Telecom‘s Sean Buckley published an excellent series of articles outlining the current state of EoC technology and what phone companies are doing with it:

• AT&T: Inherited EoC from its acquisition of BellSouth, and barely markets it. Instead, AT&T uses it as a quiet solution for challenging customers who cannot affordably be reached by fiber.  AT&T will either deliver the service over copper, copper/fiber, or an all-fiber path depending on the client’s needs.
• CenturyLink: No phone company is as aggressive about EoC as CenturyLink. When CenturyLink acquired Qwest, interest in the technology only intensified. EoC is a CenturyLink favorite for small businesses that simply cannot get the speeds they need from traditional DSL.  Most EoC service runs up to 20Mbps.
• Verizon: Verizon’s network is the most fiber-intense among large commercial providers, so EoC is not the first choice for the company. However, it does use it to reach multi-site businesses who have buildings and offices outside of the footprint of Verizon’s fiber network/service area.
• Frontier: In the regions where Frontier acquired Verizon landlines, EoC has become an important component for Frontier’s backhaul traffic. EoC has been deployed to reach cell tower sites and handles broadband traffic between central office exchanges and remote D-SLAMs, used to let the company sell DSL to a more rural customer base.  Frontier looks to EoC before considering spending money on fiber service, even for commercial and institutional users.
• Windstream: EoC is the way this phone company gets better broadband speeds to business customers without spending a lot of money on fiber. Small and medium-sized customers are often buyers of EoC service, especially when DSL can’t handle the job or the company requires faster upstream speeds.  Windstream markets upgradable EoC capable of delivering the same downstream and upstream speeds and can deliver it more quickly than a fiber project.
• FairPoint: Much of this phone company’s EoC efforts are in territories in northern New England acquired from Verizon.  FairPoint targets small and medium sized companies for the service, especially those who have remote offices or clinics that need to be interconnected. FairPoint has also gotten more aggressive than many other companies working with ADSL2+ or VDSL2 to deliver faster broadband to office buildings and complexes more economically than fiber.
• SureWest: This company is strong believer in fiber to the premises service, so its interest in EoC has been limited to areas where deploying fiber makes little economic sense. In more out-of-the-way places, EoC is becoming a more common choice to pitch businesses who need more than traditional broadband.
• Hawaiian Telcom: HawTel uses copper-based EoC to provide connectivity across the diverse Hawaiian Islands.  Speeds are generally lower than in mainland areas, partly because HawTel still relies heavily on traditional copper-based service. But fiber-based EoC is increasingly available in more densely populated areas.

The city of Savannah, Georgia is at the mercy of Comcast Cable, and city officials and local residents are fed up with high bills, the “don’t care” attitude from customer service, and cable and broadband that fails repeatedly, sometimes extending for weeks.

The fervor came to a head in December when city council had accumulated more than 150 complaints from local residents, deciding public hearings were warranted to deal with the city’s dominant cable company, Comcast.

“Comcast Destroyed My House”

Diana Thibodoux called Comcast to deal with a cable issue in her Ardsley Park home and never expected the service call would turn into an expensive nightmare.

Thibodoux says the Comcast technician who showed up decided on his own to rewire the house for cable and began drilling through brick and expensive plaster, stringing easily visible black coaxial cable along outside walls, inside baseboards and up over doors, all in plain sight.

“My house looks like a frat house,” Thibodoux complained to Comcast officials who were on hand to listen to customer complaints at the first of four public “town hall” meetings.

“I’ve never dealt with a company so incompetent,” another local resident said.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/WTOC Savannah Ive never dealt with a company so incompetent 2-6-12.mp4[/flv]

WTOC in Savannah shares the horror story of Diana Thibodoux, who says Comcast destroyed her house thanks to an overzealous, incompetent repairman.  (3 minutes)

Residents used the public sessions to vent about long hold times which can extend to as much as two hours, poor quality service, and what city officials call the predictable outcome of a company that has “a stranglehold” over Savannah’s cable TV market.

“Comcast has treated Savannah like a third world country for years, delivering the best service to the wealthiest neighborhoods while leaving cable lines dangling on the ground in the areas they don’t care about,” said Stop the Cap! reader Jenny Child, who has kept a folder of papers documenting more than a dozen service calls regarding poor Internet service at her small business.

“If it rains in Savannah, and it does so a lot, our Internet goes out,” Child complains. “We have called and called but the technician shows up when it is bright and sunny and shrugs his shoulders and says there is no problem.”

Child and her two employees now handle their online business activities based on local weather forecasts.

“If the man says we’re getting rain today, we handle our Internet things real quick, because as sure as I’ll be in church on Sunday, we won’t have service after the first drops fall from the sky,” she says.

Child keeps calling Comcast when her Internet service drops out, but long hold times to reach the company’s outsourced-to-India customer service department have cut into her business.

“I can’t be sitting here on hold with Comcast for 45 minutes waiting for some representative’s nails to dry so she can pick up the phone and deal with customers,” Child complains. “It’s the biggest cable company ever, and don’t they own NBC? How many people do they have working there that they can’t answer the phone. Maybe everyone else is calling to complain too.”

Comcast’s Business Broadband Blockade Prompts Whining When Potential Competition Shows Up

While fielding complaints from more than 50 local residents at a second meeting held to address complaints, Comcast executives questioned whether the city of Savannah was giving favorable treatment to Hargray, a new entrant pushing to bring 21st century broadband into the city of Savannah for businesses Comcast has refused to serve for years.

Comcast complained they didn’t mind competition, but wanted “a level playing field,” a statement that prompted an immediate and angry response from some members of the city council, who blasted the cable company for its attitude.

Aldermen Tony Thomas, John Hall, and Tom Bordeaux all noted Comcast has steadfastly refused to wire many downtown business buildings for cable broadband service, despite years of requests.  Comcast claimed the relatively low number of customers did not justify the cost to expand the service.

All three could not understand why Comcast had a sudden urgency to complain about unfair treatment when a competitor sought to provide the service they never did.

“If [Comcast] did not want to offer that service previously and someone else is coming in to provide the service, where is the sticking point?” Thomas said.

Bordeaux was more blunt in his remarks intended for Comcast.

“Tell them to sue us,” he said.

In contrast to service from AT&T and Comcast, which often markets 3-6Mbps broadband in Savannah, Hargray’s fiber broadband project will deliver speeds up to 1Gbps, first to business customers. But the company promises it is considering selling to residential customers as well.

Great Deals, But Only for “Selected Neighborhoods”

As Comcast’s bad press has become fodder for the nightly newscasts on several of the city’s television outlets, Comcast literally took to the streets to try and mitigate their public relations nightmare. In the process, they created a new one.

Councilman Tony Thomas is happy Comcast is approaching upset customers and offering them substantial discounts on their cable bill.  But he’s not happy Comcast is only extending those deals to certain customers, not all.

Thomas wants the deals offered to everyone, something that he says is not happening today.

Andy Macke, Comcast’s Vice President of Communications counters, “All they have to do is call 1-800-COMCAST and they will hear the same deals that the same people are getting from those reps going from door to door.”

“Comcast’s attitude in Savannah is see no evil, hear no evil,” says Jeff White, a Comcast customer who has watched the scuffle. “They don’t even admit there is a problem until it runs on the evening news and city council waves 150 complaints they are getting at the camera — the ones Comcast ignored.”

Macke himself told WJCL-TV, which has covered the dispute with Comcast repeatedly, he was “unaware of the extent of the concerns that our Savannah customers had with us.”

Despite promises to make things right, Alderman Thomas says many complaints are still unresolved.

“We were told that all of those folks had been contacted and that their problems were being worked on. I have since found a few of these people [who] have had no contact whatsoever with Comcast,” Thomas told the TV station.

“Under no circumstances should City Council let the situation with Comcast get pushed under the rug,” one person wrote in the Vox Populi column in the Savannah Morning News. “We the people need help!”

No Help On the Way

Unfortunately for that reader, and other Savannah residents, an attempt by Savannah city officials to attract competing cable service has met with no success and no interest.  Cable operators almost never compete head to head, each respecting the service areas of fellow providers.  Hargray’s interest in Savannah is primarily serving business customers, and the option for municipal service may not be possible much longer if a bill supported by Comcast, SB 313, ever becomes law.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Comcast in Savannah 2-8-12.flv[/flv]

A compilation of news reports from WJCL, WSAV, and WTOC exploring Comcast’s performance problems in the city of Savannah, Georgia.  (15 minutes)

Columbia County, Georgia has been talking about fiber optic broadband for two years — two years that the state’s largest phone and cable companies have not stepped up to provide suitable broadband to local schools, residents, and libraries.  In 2010, enough was enough and the county applied for, and won, a $13.5 million Broadband Technology Opportunity Program grant to increase broadband and wireless access to the Internet throughout the area.  Local taxpayers chipped in about $4.5 million in 1-percent sales tax dollars, and in-kind voluntary donations worth $2.3 million fulfilled the grant requirement that local matching funds be provided.

To residents long-suffering with satellite-delivered Internet, usage-capped mobile broadband, spotty DSL service, and frequent outages and slow speeds, a modern fiber network would help 120,000 county residents obtain the kind of broadband service people elsewhere take for granted.  Columbia County’s rural character is evident when you consider it contains only two small incorporated cities and 91 percent of the population lives in unincorporated areas, making the eastern Georgia county an afterthought for big phone and cable companies who see better profits in bigger cities.

Now these companies, with the help of a campaign contribution-gorging state legislator, are intent on stopping projects even in areas they could care less about.

Columbia County’s local newspaper, the News-Times, is alarmed at the prospect of public tax dollars already spent on the project burned for the benefit of Big Telecom companies:

Republican State Sen. Chip Rogers, fueled by generous contributions from telecommunications companies, has filed a bill in the Georgia Legislature that, he claims, would protect private service providers from unfair competition by government-subsidized broadband systems.

Nonsensically, some in Columbia County welcomed the news as a slap at the county’s government. While we’re on record opposing the concept of the $13.5 million federal grant that allows the county’s entry into broadband, the fact remains that the project already is underway.

That federal program is designed to expand broadband Internet service to rural areas that, because of the up-front infrastructure costs, aren’t deemed profitable by private companies. Our county has plenty of those areas, served at best only by spotty, expensive cellular-based services.

Columbia County’s program wouldn’t compete with private companies. Instead, it uses the federal grant and local sale-tax funding to build that high-speed infrastructure, which private companies can then lease to provide Internet service to underserved areas.

Rather than undercutting local communities and sacrificing rural customers on behalf of the private companies, Rogers ought to look for ways to improve such public-private partnerships. Columbia County taxpayers had better hope so, too, unless they want all the money they’ve spent wiring the county with fiber optic cables to have been wasted.

SB. 313 is just another contract taken out on community-owned broadband networks that could deliver competition (and worse — far better service) to areas of Georgia where even conservative-minded voters wary of spending public money on anything are simply fed up with the status quo.

So much for the Columbia County Broadband Network, a 220-mile, county-wide fiber middle mile network that will connect nearly 150 community anchor institutions and enhance health care, public safety, and government services throughout the county. Anchor institutions hoping to be connected at broadband speeds of 100 Mbps to 10 Gbps include K-12 schools, fire and emergency facilities, public libraries, Augusta Technical College, and the Columbia County Health Department. The project also planned to facilitate the creation of a high-capacity data center at the Medical College of Georgia, support a sophisticated county-wide traffic and water control system, and construct five wireless towers to enhance public safety communications as well as improve wireless communications capabilities throughout the region.

If Rogers’ bill passes, the county may have to go back to begging for access from the companies that have repeatedly said it wasn’t worth the investment or their time.

County officials have been more generous, offering all along to share access to the fiber network with the very providers who are seeking to destroy it.  So far, that hasn’t changed any minds.

“If we don’t own it, that means we don’t want you to have it” is standard operating procedure for the state’s phone and cable operators, even in the service areas they routinely ignore, even if it means flushing millions of dollars already spent on new networks down the drain.

That’s money-fueled politics.  State legislators with Big Telecom dollars in their eyes can’t see the 120,000 Columbia County residents waiting years for better broadband.  Perhaps the best way to reach legislators in Atlanta is to condemn them to the same kind of broadband service local residents in Evans, Martinez, and Appling are forced to endure, if they have it at all.