The FCC has found that it has the authority to remove aspects of Tennessee and North Carolina law that limit local authority to build or expand Internet networks. In short, states seem to retain the authority to restrict municipalities from offering service at all. However, if states allow local governments to offer services, then the FCC has the power to determine whether any limitations on how they do it are a barrier to the deployment of advanced telecommunications services per its authority in section 706 of the Telecommunications Act.

The FCC has removed a restriction in Tennessee law that prevented municipalities with fiber networks from expanding to serve their neighbors, per a petition from Chattanooga.

In North Carolina, the FCC has removed multiple aspects of a 2011 law, HB 129, that effectively outlawed municipal networks by presenting local governments with a thicket of red tape, including territorial restrictions on existing networks. The city of Wilson had petitioned the FCC for this intervention. 

Listen to our podcast with Jim Baller about this decision.

See the Institute for Local Self-Reliance Press Release on the Opinion and Order for more. If you don't want to read the full order, we pulled out some key paragraphs and sorted them for your benefit!

Key Paragraphs in the FCC Decision

We selected some of the most important passages with references to the original Memorandum Opinion and Order. Look for these passages as you read the original FCC doc [PDF].

Communities Around Chattanooga and Wilson Need Better Connectivity:

43. Numerous commenters favor preemption because they wish to obtain service from EPB or Wilson but are unable to do so, and the maps and data discussed above illustrate that communities surrounding EPB’s and Wilson’s current areas of broadband service have far fewer choices for advanced telecommunications capability than the national average. This suggests that further expansion could generate improved levels of investment and competition in these locations. (pp 23-24)

As the time approached for FCC Commissioners to choose to allow Wilson and Chattanooga to serve surrounding communities, leaders from municipalities with publicly owned networks shared their experiences. Jill Boudreau, Mayor of Mount Vernon, Washington, published her community's experience with their muni in GoSkagit.com. 

As in the recent testimonial from Opelika Mayor Gary Fuller, Mayor Boudreau described how Mount Vernon's network has created a quality of life where high-tech has enhanced local medicine, encouraged new businesses, and created and environment rich with competition.

Mount Vernon's open access network provides infrastructure for nine service providers. Some of these providers offer services only to businesses, while others also serve government, retail providers, and specific industries such as the medical community. Hundreds of public and private customers receive fast, affordable, reliable connectivity through these providers and the city's publicly owned network.

We first introduced you to Mount Vernon in 2013. The community began deployment in 1995 and have added incrementally to the network to serve nearby Burlington and the Port of Skagit. Government facilities, schools, hospitals, and businesses save millions while utilizing top-notch technology. Businesses have relocated to the area to take advantage of the network and enjoy the high quality of life in the relatively affordable area with its abundance of outdoor recreation.

Mayor Boudreau recognizes that Mount Vernon's success may not be easy to come by for every community but believes each should have the ability to decide that for themselves. She writes:

The Yolo County Board of Supervisors in California voted unanimously recently to accept consultants' recommendations to take steps improve broadband in the county. Some of those recommendations included investing in infrastructure to improve both urban and rural areas in the northern county. 

The Davis Enterprise reported on the meeting from February 24th:

With its diverse mix of rural and urban areas, the county has communities where little or no broadband service is available. And even in urban areas with greater access to service and providers, many residents complain of slow and unreliable connections, according to the Yolo Broadband Strategic Plan, which also provided direction for county officials on closing the divide in the coming years.

The strategic plan, commissioned in 2013, notes that in some areas residents must rely on dial-up or satellite:

“Residents are generally limited to low-speed connections that prevent these users from accessing the majority of online content,” reported John Honker of Magellan Advisors LLC, which prepared the report.

“Using the Internet for anything but simple Web browsing is challenging in these communities,” he said.

The situation is especially critical for farming communities in the county, reports the study:

Yolo's agricultural populations are also challenged by poor access to broadband, especially in the farming and seed technology industries. Yolo farms are often unable to keep up with the technological advancements in the agricultural field that would allow them achieve greater productivity and better management of their natural resources.

In the more urban areas, such as the City of Davis (home of UC Davis), residents complain they cannot get the service they need in households with multiple devices. In those cases, the bandwidth they need is just too expensive if it is available. These same communities complain of unreliable networks.

Longmont's NextLight is well known in the municipal networks space; now other media markets are starting to notice the most recent network in the Centennial State. CCTV America profiled the network recently, highlighting its importance to local businesses.

CCTV spoke with a local tech business owner who had recently connected to the municipal network:

Jon Rice is a web developer for whom a reliable computer connection is critical.

“Our entire business is basically predicated on having fast, easy access to the Internet,” Rice said.

Like many other modern households, Rice describes how their home hosts multiple devices. NextLight's $50 per month gigabit tier is a necessity for both his residential and business needs.

"It's a no brainer for us; the faster the better," says Rice in the video.

Demand is high in Longmont, where the community chose last fall to bond in order to speed up FTTH deployment. In a USAToday article from last November, Tom Roiniotis, Manager of Longmont Power and Communications, described how the utility was struggling to keep up with the requests for service:

"It's a good problem to have, scrambling to keep up with demand," Roiniotis said. "This is something we're doing locally and it's a big source of community pride. The money stays locally and if you have a problem you can just drive 2 or 3 miles down the road and come talk to us. People realize it's just as important ... as reliable energy and clean water." 

Thanks to Jon Rice at the Longmont Compass who alerted us to this video and the story:

Islesboro, the Maine island community of 566, will decide in May whether or not they want to bond to build a municipal fiber network, reports The Working Waterfront. The network will be owned by the town who plans to partner with GWI to operate and manage it. 

Currently, about 2/3 of residents on the island use DSL from Fairpoint. While a few locations can reach 15 Mbps download, most residents pay from $20 - $70 for around 3 Mbps download. Upload speeds are much less. GWI also offers point-to-point wireless from the mainland and one side of the island has cellphone.

The firm estimated costs to cover the island to be between $2.5 and $3 million, which would include construction and leasing of poles from Central Maine Power (CMP).  Community leaders will ask voters to approve a municipal bond to fund the project:

The $3 million bond would raise property taxes on a house assessed at $300,000 by about $13.77 per month ($164.25 per year). As a per-month cost, with both the pay-back on the bond and the standard service fee for Internet, the resident of a house valued at $300,000 would pay $48.77, according to [Arch] Gillies, [chairman of the Board of Selectmen]. (This appears to be for the lowest level of service.)

After reviewing the recommendations, community leaders decided it was in the community's best interest to deploy a network that would be owned by the public. They then engaged in a Request for Information process and received responses from three vendors. Eventually, they chose to work with GWI, in part because it is a local company. Fairpont and Time Warner Cable also responded, but their proposals did not stipulate that the infrastructure would belong to the town. There were other inferiorities in their proposals.

When the FCC announced its intention last week to neutralize the negative impacts of Tennessee and North Carolina anti-muni laws, celebrating reached far beyond Chattanooga and Wilson. In Lafayette, home to LUS Fiber, City-Parish President Joey Durel took time to write a supportive letter to Wilson's Mayor Bruce Rose.

We reproduce the text of that letter below. As Durel points out, the two communities have strong similarities and the victory in Wilson has also reached Lafayette. Durel notes that a community's decision to better its connectivity should always be a local choice, that partisanship is not a natural part of the equation, and he encouraged Rose to "stay strong."

Dear Mayor Rose:

As Mayor of Lafayette, LA, a city that proudly provides electric and communications services to our businesses and residents, I want to congratulate you, your colleagues, and your constituents on your achievement in delivering world-class Internet services to the residents and businesses of Wilson - and on the strong endorsement you received last week from the Federal Communications Commission.

As in Wilson, the Lafayette community has been united in our support for high-capacity broadband connectivity to the Internet as an essential tool of economic development and as a means of securing our community's economic future. While some will use any means possible to distract you from achieving your goals for your community, our deeply conservative electorate has consistently supported our electric utility's great achievement in building a future-proof broadband Internet infrastructure, and this support has been consistently bi-partisan. My Democrat colleagues have joined me and my fellow Republicans in insisting that we in Lafayette should have the right to choose our broadband Internet future. We here in Lafayette will determine how our community engages this essential economic development tool, and we will not have our economic future dictated to us by others.

For Immediate Release: February 26, 2015

Contact: Christina DiPasquale, 202.716.1953, [email protected]

BREAKING: Cable Companies Lose Big at FCC, Barriers to Community Broadband Struck Down

Two southern cities today persuaded the Federal Communications Commission to recognize their right to build their own publicly owned Internet networks where existing providers had refused to invest in modern connections. The 3-2 FCC vote removes barriers for municipal networks in Chattanooga, Tennessee and Wilson, North Carolina, to extend their high-quality Internet service to nearby areas.  

Said Christopher Mitchell, Director of Community Broadband Networks at the Institute for Local Self-Reliance:

“Cable companies lost their bet that millions spent on lobbying to stifle competition was a wiser investment than extending high-quality Internet to our nation’s entrepreneurs, students and rural families. 

“Preventing big Internet Service Providers from unfairly discriminating against content online is a victory, but allowing communities to be the owners and stewards of their own broadband networks is a watershed moment that will serve as a check against the worst abuses of the cable monopoly for decades to come.”

The FCC decision sets an historic precedent for towns working to offer municipal broadband networks in twenty states that have enacted limits or bans on local governments building, owning, or even partnering to give local businesses and residents a choice in high speed Internet access. Three-quarters of Americans currently have either no broadband or no choice of their Internet provider. 

The Ellsworth City Council voted on February 9th to proceed with the first steps to developing yet another municipal fiber network in Maine. Community leaders plan to develop open access fiber infrastructure. Five ISPs have already expressed an interest in working with the city to provide services via the network.

Ellsworth is home to approximately 7,500 people and is located along the south not far from the central coast.

The Ellsworth American reports that council members decided unanimously to lease a parcel of land on which to place a headend facility. The Ellsworth Business Development Corporation (EBDC), which also obtained a $250,000 grant to expand high-speed Internet in Ellsworth, will lease the property. The grant came from the Northern Border Regional Commission in 2014.

The Council also agreed to commit $28,445 in tax increment financing (TIF) funds toward the project. Those funds will be used for the headend building and to install a two mile stretch of fiber to tap into the community's abundant fiber resources. Community leaders want to create options for local businesses and the numerous home based businesses in Ellsworth.

“You have the superhighway already,” said Andy Hamilton, an attorney with Eaton Peabody who serves as legal counsel to EBDC. “But you need the off-ramp and the local roads to take you to the office buildings.”

Indeed, a report from Portland-based Tilson Technology Management said Ellsworth is located at “an information superhighway crossroads” and that it has a lot of fiber optic infrastructure — “more than most Maine communities.”

The network project is being developed in conjunction with a business incubator project in Ellsworth. Biotech and health science related businesses are abundant in the region and city leaders want to make the city attractive to the industry.

Council members are also considering the long term:

The Rochester City Council recently voted unanimously to move forward with a study on the possibilities of publicly owned broadband in this southeastern city. Rochester will then decide whether to move forward with bids to form a public-private partnership for a network, or pursue another path.

After receiving dozens of calls from his constituents, City Councilman Michael Wojcik is asking his colleagues to consider a municipal network. Rochester’s area holds a population of about 110,000, and is home to the world-famous Mayo Clinic. 

According to the Rochester Post-Bulletin, Charter Communications operates its cable TV and Internet services under a franchise agreement with the city. That agreement is up for a renewal on March 31.

Wojcik said his constituents have been angered over issues such as digital box fees, but most of the complaints are about broadband service, which Wojcik said is essential. He said Charter's recent price increase for stand-alone broadband from $55 to $60 per month makes the service unobtainable for a percentage of area families with children in school.

"Broadband is key for information for a lot of people, particularly younger generations, and going forward, it becomes more and more critical," he said.

In 2010 Wojcik asked the council to investigate options for publicly owned infrastructure, but the measure did not advance. Wojcik says he hopes that citizen outrage with poor Charter service and contract negotiations will encourage city council members to take action.

The Council invited Chris to offer expert opinion. KIMT TV covered the decision and spoke with him after the meeting: 

USA Today recently joined the growing list of national press to publicly support local telecommunications authority. In its February 16th opinion piece, the Editorial Board commented on the proposed rule being considered by the FCC that would allow local communities to chart their own course with no preemption from state legislatures:

The FCC should stand up to the broadband lobby and approve the rule. The laws in question have not been passed in the name of limited government but rather in the name of limiting competition.

USA Today recognizes that many of the communities that invest in infrastructure do so out of necessity when they cannot draw the interest of the big players that fight to limit their ability to make those investments. Whether or not a community decides to deploy a muni should always be left up to the people who live there, argues the Editorial Board:

The question, however, is not whether these systems are good, but whether they should be quashed by acts of legislatures. The answer is no.