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LightTUBe Financially Secure in Tennessee

Tullahoma Utilities Board's triple-play FTTH LightTUBe, began serving Tullahoma in 2009. The fiber network utility is paying off its city bond debt on schedule reports the Tullahoma News.

The network's income during the first four months of fiscal year 2014 is a positive $58,939. General Manager Brian Skelton spoke with Chris Mitchell in July 2013 and expressed confidence that that network will continue to operate in the black. The News reported on our podcast interview with Skelton and provided some recent updates:

With an estimated potential customer base of 9,000 in the TUB service area, LightTUBe services 3,201 fiber customers. That number is slightly ahead of goal (3,186) and represents nearly 36 percent market penetration against primary competitor Charter Communications.

Tullahoma deployed its network to encourage economic development. In 2011, we reported on J2 Software Solutions. The company located its headquarters in Tullahoma because LightTUBe offered fast, reliable, affordable service. 

According to the News article, expenditures on Internet service remain consistent while subscriptions grow. The Tullahoma Utilities Board (TUB) only recently approved a $7 rate increase for video service due to an increase in the cost of television content. When content rates rose in the past, TUB chose to absorb the increase but the cost of content continues to increase for all providers. Since 2009, TUB increased Internet service speeds five times without increasing prices. From the article:

”LightTUBe is in a very comfortable position from a financial perspective. Our biggest concern at this point is the unreasonable price increases that we (and others in the video business) are seeing from many of our channel providers,” said Skelton.

That comfortable financial position appears to rest largely on the shoulders of LightTUBe’s Internet service.

HB 286 Refined for New Hampshire Legislature

We caught up with Carole Monroe from New Hampshire FastRoads to get an update on what is happening in the legislature this sesssion. We reported last spring on HB 286, intended to allow local communities more decision making power. The bill did not advance last session, but new language may breath new hope into the proposal.

If the bill passes, it will remove restrictions that prevent local governments from bonding to finance broadband infrastructure. This and similar bills have been introduced in the past, but large incumbent providers always seem to stop them.

Monroe tells us that this session the bill clarifies the definition of "open access network." The bill also changes language regarding "unserved and underserved" areas. Now the bill requires municipalities to include areas without "adequate" broadband if they choose to finance through bonds. "Adequate" in the bill language relies on the FCC definition of broadband as it changes over time, currently 4 Mbps download and 1 Mbps upload. The change does not restrict building in all areas as long as some areas without "adequate" coverage are included.

The new language also clarifies that municipal networks built only for government purposes do not have to be part of the open access model. Past versions of the bill questioned application of the open access model to municipal I-Nets.

While some of the language of the bill has changed, the fundamental goals remain the same. Local communities need to make the decision to bond. In order to do so, state barriers must be removed. Current state law only allows bonding for broadband infrastructure under strict criteria which only apply in a fraction of the state. 

Monroe reiterates that the bill intention is also to create a more competitive environment. She noted that the area is already benefitting from a competitive spirit. Broadband pricing proposals to community anchor institutions show significantly lower rates per Mbps. Service level agreements are more favorable to community anchor institutions since the creation of FastRoads.

Jim Baller Returns for Vol 3 of Muni Network History - Community Broadband Bits Episode #67

We are excited to continue our history series with Jim Baller of the Baller Herbst Law Firm. This is Jim's third time on the program, having joined us for Episode 57 and Episode 63. We continue our discussion with a recap of the events of 2004, including Jim's work with Lafayette to find a compromise to the ALEC bill that would have effectively banned municipal networks in Louisiana and the Verizon-led campaign to prevent Pennsylvania communities from following the muni fiber path of Kutztown. We discuss several of the state battles over the years and the near passage of the Community Broadband Act by the U.S. Congress. Also, how some of the big telecom carriers started to invest in FTTH after the model was proved by community networks. We'll have Jim back for future shows as we continue charting the history of community owned networks. Read the transcript of our conversation here. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 23 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed. Listen to previous episodes here. You can can download this Mp3 file directly from here. Find more episodes in our podcast index. Thanks to Break the Bans for the music, licensed using Creative Commons.

Television Consumer Freedom Act Promises More Choices

On August 14th, Christopher Mitchell and I visited Senator Amy Kobuchar's office in Minneapolis. We arranged the meeting in coordination with Free Press and the Media Action Grassroots Network to talk with our Senator about the Television Consumer Freedom Act, also known as S.912.

Senators John McCain (R-AZ) and Richard Blumenthal (D-CT) are sponsoring this effort to scale back cable program bundling. ILSR and the Free Press recognize this as a good start to reforming our deeply flawed video market. We also see it as a foothold to inching closer to the wide ranging and affordable broadband we desperately need.

We met with Senate staff to present 594 Minnesota petition signatures in support of the legislation. Free Press has collected over 27,000 signatures from across the country asking Congress to pass the Television Consumer Freedom Act.

The bill provides options for consumers beyond today's restrictive bundled services. By offering channels a la carte, consumers can pay for what they want rather than being forced to pay for many channels they do not. Bundling also limits independent channels by crowding out capacity and creating onerous financial barriers for entrepreneurial media ventures. This bill will not eliminate bundling, but will require cable providers to also offer a la carte pricing. It is important to note that the cable companies themselves are often forced to bundle by channel owners like Viacom or Disney. This bill restricts that practice as well.

We also give two thumbs up for the sports fans' provision in the bill. From an LA Times opinion piece written by Senator McCain:

Another provision in the bill seeks to end the practice of sports team owners punishing fans by blacking out home games that don't sell out. It provides that games taking place in publicly financed stadiums can't be blacked out.

Jim Baller Discusses Municipal Broadband History - Community Broadband Bits Episode #57

Jim Baller has been helping local governments to build community owned networks for as long as they have been building them. He is the President of and Senior Principal of the Baller Herbst Law Group in Washington, DC. Jim joins us for Episode #57 of the Community Broadband Bits podcast to discuss some of the history of community owned networks. Jim has a wealth of experience and helped in many of the most notable legal battles, including Bristol Virginia Utilities and Lafayette. We start by noting some of the motivations of municipal electric utilities and how they were originally formed starting in the late 19th century. But we spend the bulk of our time in this show focusing on legal fights in the 90's and early 2000's over whether states could preempt local authority to build networks. In our next interview with Jim, we'll pick up where we left off. If you have any specific thoughts or questions we should cover when we come back to this historical topic, leave them in the comments below or email us. You can learn more about Jim Baller on his website at Baller.com. Read the transcript from this episode here. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 30 minutes long and can be played below on this page or subscribe via iTunes or via the tool of your choice using this feed. Search for us in iTunes and leave a positive comment! Listen to previous episodes here. You can can download this Mp3 file directly from here. Find more episodes in our podcast index. Thanks to Break the Bans for the music, licensed using Creative Commons.

Accusation of Corruption in Favor of Time Warner Cable in North Carolina General Assembly

Veteran North Carolina legislator Rober Brawley resigned as Chairman of the state Finance Committee, reports local WRAL. According to WRAL's @NCCapitol blog, the Republican from Iredall read his resignation letter during a recent floor debate. He criticized Speaker of the House Thom Tillis, questioning Tillis' ethics and accusing him of special legislative favors specifically for Time Warner Cable.

One bone of contention was a bill introduced by Brawley to expand the service area for the municipal cable network MI-Connection in Mooresville. From the letter as quoted in the article:

"You slamming my office door shut, standing in front of me and stating that you have a business relationship with Time Warner," Brawley wrote. "MI Connections is being operated just as any other free enterprise system and should be allowed to do so without the restrictions placed on them by the proponents of Time Warner."

Stop the Cap covered the background of that bill in its article about this accusation:

"Level Playing Field" Padded With Public Dollars to Private Providers

Municipal broadband networks have been gaining traction across the country. It's easy to see why: In many rural and low-income communities, privately offered broadband services are nonexistent. In its 2012 Broadband Progress Report the Federal Communications Commission counted nearly 20 million Americans (the vast majority living in rural areas) beyond the reach of broadband.

The Free Press' Timothy Karr's words are supported by the growing number of pins on our Community Network Map. We connect with places nearly every day where municipal networks fill the cavernous gaps left by the massive corporations. Large cable and telecom providers do not hide their aversion to servicing rural areas, yet year after year their lobbying dollars persuade state politicians to introduce bills to stop the development of municipal networks. Karr reviewed recent efforts to use state laws to stifle community owned networks in a Huffington Post article.

As readers will recall, this year's front lines were in Atlanta, where HB 282 failed. We hope that loss may indicate a turning point in advancing municipal network barriers because the bill lost on a 94-70 vote with bipartisan opposition. If it had succeeded, Georgia would have been number 20 on a list of states that, thanks to ALEC and big corporate sponsors like AT&T, Comcast, Verizon, and Time Warner Cable, have decided to leave their citizenry begging for the private market to come their way.

Time and again, the supporting argument goes like this:

"A vote 'yes' for this bill means that you support free markets and free enterprise," [Rep Hamilton, the Chief Author of HB 282] said [on the House Floor].

A 'no' vote means that you want more federal dollars to prop up cities, Hamilton said.

But Karr points out that some policy makers are starting to question that argument, with good reason. From his article:

In Georgia, Tech City Opposed HB 282 With Official Resolution

We were happy to report when HB 282 failed to advance on the floor of the Georgia General Assembly House in a bipartisan vote. We were equally pleased to learn that at least one Georgia community passed an official resolution opposing the bill while it was making its way through the committee process. 

Alpharetta, an Atlanta suburb, is home to 57,000 people and calls itself the "Technology City of the South." The community has no municipal network and no current plans to invest in one, but nevertheless passed a resolution on February 25th which opposed HB 282.

A Bob Pepalis article on the decision quoted Councilman Jim Gilvin:

"Once again I think this is just a state legislator jumping into local business. And I appreciate their concerns, but we do a pretty good job around here, I think. And if residents don't think so, they will be more than happy to let us know," Gilvin said. "I'd appreciate it if they'd just let us handle our government."

Pepalis heard similar sentiments from Councilman Chris Owens via email

"This goes not only beyond local control, but also impacts our ability and other communities ability to be masters of our own destiny and influence on development as well as provides services to their constituents, both residential and commercial," Owens said. "If that's something in a community's best interests, who better to make that decision than a community rather than the state on behalf of the community."

First, the resolution [PDF] sums up the real world affects of the proposal, if it had passed:

WHEREAS, House Bill 282 would tie the hands of municipal officials in their efforts to build digital networks they need to attract economic development and create a high quality of life for their citizens; and

WHEREAS, House Bill 282 is a bill that would undermine self-determination of cities in the digital age as illustrated by the following:

PR Watch Ties ALEC to Now-Dead Bill in Georgia to Limit Internet Investment

Brendan Fischer of the Center for Media and Democracy's PR Watch examines the ties between HB 282, the people behind it, and how it evolved into a threat to connectivity and local control. Brendan gave us permission to repost the story in full here. Since authoring this story, HB 282 was defeated in Georgia in a floor House vote. However, understanding where these bill comes from is critical, so we still wanted to run this piece.

Community-Owned Internet, Long Targeted by ALEC and Big Telecom, Under Fire in Georgia

Members of the American Legislative Exchange Council (ALEC) in the Georgia Legislature are pushing a bill to thwart locally-owned internet in underserved communities, an industry-sponsored effort that effectively reinforces the digital divide. A vote in the Georgia Assembly is scheduled for Thursday, March 7; if Georgia passes the bill it would be the twentieth state to eliminate community control over internet access.

Rural and Poor Communities Take Control of Internet

As many as one in ten Americans cannot get internet connections that are fast enough for basic activities like streaming video or file sharing, largely because big internet providers like AT&T and Time Warner Cable have refused to provide adequate service to communities where the population is too dispersed or too poor. As local economies become ever more dependent on internet access, though, this digital divide is leaving rural and low-income communities in the dust.

Georgia Bill to Limit Internet Investment Dies on House Floor

We've been writing about Georgia's HB 282 for weeks, discussing the likely impact from limiting who can build Internet networks in communities that have the most basic Internet connections. When the bill finally hit the House Floor, it failed in a bipartisan vote of 70 ayes to 94 nays. Many groups helped to educate the public and make sure many were informed about this legislation as it made its way through the Georgia House. Our full coverage of it is here. Yesterday, CBS Atlanta ran another segment on this story, noting the overblown promises Windstream was making despite being unable to fulfill them (video below). We will be running more stories on Georgia as we continue to cover the grassroots effort to protect local authority over this matter and continue to educate elected officials about community owned networks. This is the second year in a row we saw Georgia consider a bill to limit local authority in this matter and we expect to see it again. We hope people in all 50 states are taking some time to tell their elected officials what they think about their access to the Internet and making sure that whenever a decision is made, it be made by the community without unnecessary barriers imposed by states or Washington, DC. CBS Atlanta 46