muni broadband

Next round looms in muni broadband preemption fight

22 November 2015 by Steve Blum
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Responses from the states of Tennessee and North Carolina to the Federal Communication Commission’s defence of its preemption of their restrictions on municipal broadband are due later this week. My expectation is that they’ll gloss over most of the counter arguments offered by the FCC and several other groups that support the preemption, and reiterate their core point, which is that states have the traditional right to set limits on how, what and where cities may offer service of any sort, and current telecoms law doesn’t say otherwise.… More

FCC's argument against voter discretion is out of bounds

13 November 2015 by Steve Blum
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Voters don’t have to stick to the story you give them.

Local governments are not private businesses and are not managed as if they were. That simple fact of life seems to be bothering the Federal Communications Commission. In its defence of its preemption of state restrictions on municipal broadband systems, filed with a federal appeals court, the FCC points to commonplace public disclosure, debate and voting requirements imposed by North Carolina as attempts to regulate interstate commerce rather than govern municipalities…

These include a requirement that the city hold public hearings and a special election.

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Federal justice department won't defend muni broadband preemption

10 November 2015 by Steve Blum
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Out on a limb.

Municipal broadband advocates aren’t getting any help from the federal justice department. In a one line letter filed with a federal appeals court last week, the justice department wrote “respondent United States of America takes no position” in the dispute between the Federal Communications Commission and the states of Tennessee and North Carolina over whether state restrictions on muni broadband can be preempted by the FCC.

According to a Washington Post story (h/t to the Baller Herbst list for the pointer), the likeliest explanation is that the FCC is fighting a losing battle…

The Justice Department said Friday that it won’t be helping the Federal Communications Commission fight a couple of key lawsuits on municipal broadband, in a possible indication of trouble ahead for the FCC…

It’s not unheard of for the Justice Department to bow out of a case involving a federal agency.

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FCC misses triple bank shot defence of muni broadband preemption

6 November 2015 by Steve Blum
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It only counts if you make it.

Tennessee and North Carolina effectively banned cities from providing broadband service outside of their geographical city limits for the wrong reason: to regulate broadband competition. That’s the case that the Federal Communications Commission is trying to make, as it defended its preemption of state limits on the scope of municipal Internet service providers in a brief filed yesterday in the federal appeals court hearing the case.

The FCC’s argument boils down to 1.… More

Santa Cruz muni fiber threat forces Comcast upgrade

28 September 2015 by Steve Blum
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After years of blowing off customers, sandbagging local governments and stonewalling regulators, Comcast has finally upgraded its Santa Cruz County service area to what appears to be the same broadband speeds enjoyed to the north in Silicon Valley and to the south in Monterey County. All it took was a single word: competition.

Comcast hasn’t said so, but it’s no coincidence that the upgrade came barely six weeks after the Santa Cruz City Council voted to move ahead with building a city-wide fiber-to-the-home (and business) system in a public/private partnership with Cruzio, a local Internet service provider.… More

Tennessee says FCC can't step on states' authority over cities

24 September 2015 by Steve Blum
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Rock solid sovereignty.

The State of Tennessee has offered its basis for challenging the Federal Communications Commission’s decision to preempt state restrictions on local broadband initiatives, making its case in a brief filed with a federal appeals court in Cincinnati.

Tennessee’s top line argument is that congress has no authority under the U.S. constitution to tell states how to manage or delegate authority to subordinate units such as cities and counties. On its own, that probably won’t fly – states have broad but not unlimited discretion.… More

Berkeley launches a city-led broadband initiative


Click to get the full picture.

The Berkeley City Council took a big step last night toward supporting broadband development and, perhaps, to pursue a municipal fiber optic project or partnership with a private network operator. By a unanimous vote, the council told city staff to…

  • Survey the city’s inventory of broadband, traffic signal and other conduit to assess its suitability for supporting a fiber optic network, with the goal of leasing it to one or more fiber companies.
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Legality of FCC's muni broadband preemption will be decided in Cincinnati

23 June 2015 by Steve Blum
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The local team.

It’s no great surprise, but the two challenges to the Federal Communications Commission’s decision to preempt state bans on municipal broadband have been consolidated into one proceeding. The nod goes to the first case to be submitted, by the State of Tennessee, in the federal appeals court district that’s headquartered in Cincinnati and includes Tennessee. The appeal from the state of North Carolina was filed nearly two months later in the federal court district that’s based in Richmond, Virginia.… More

Muni HFC broadband subsidy lands on Tacoma electric bills

1 June 2015 by Steve Blum
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The meter is running.

Tacoma’s municipal electric system customers are paying more than three bucks a month to keep the city’s ageing broadband system running, whether they buy service from it or not. The municipal hybrid fiber cable TV system, which also supports Internet service, is reckoned to be losing $9.5 million year, according to a story by Kate Martin in the Tacoma News Tribune…

[Tacoma Public Utilities] bosses have said that anything Click cannot pay will be borne by Tacoma Power customers, not all of whom can buy Click cable or Internet service.

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FCC muni broadband preemption challenged by North Carolina

18 May 2015 by Steve Blum
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Now, go home.

North Carolina is joining Tennessee, sorta, in challenging a decision by the Federal Communications Commission to negate laws in the two states that put tight restrictions on municipal broadband enterprises. Last week, North Carolina attorney general Roy Cooper asked a federal appeals court in Richmond, Virginia to throw out the preemption, saying the FCC was butting in where it had no authority to do so…

In the Order, the FCC preempts North Carolina’s statutory law…governing municipal provisioning and operation of broadband communications services.

… More