FCC didn’t succeed in blocking San Francisco’s open access broadband law

27 February 2020 by Steve Blum
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San francisco skyline 625

San Francisco’s open access rules for broadband in multi-tenant buildings is alive and well, according to a local independent Internet service provider. That’s despite the Federal Communications Commission’s determination to preempt the ordinance passed by San Francisco supervisors in 2016. It requires landlords to allow any ISP access to buildings, regardless of whether or not an exclusivity contract is in place.

In an opinion piece published in the San Francisco Examiner, Preston Rhea, the director of engineering for the policy program at broadband provider Monkeybrains, says that tenants and ISPs are still using the ordinance as leverage to pry open building doors…

Monkeybrains’ experience in the months since the FCC’s rulemaking indicates that [the San Francisco broadband access ordinance] is intact and operating as intended.

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FCC’s San Francisco broadband preemption appealed

26 July 2019 by Steve Blum
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San Francisco is taking the Federal Communications Commission to court. Again. On Monday, the City and County of San Francisco filed a challenge to the FCC’s preemption of its broadband access ordinance with the ninth circuit federal appeals court, also based in San Francisco.

The ordinance requires building owners to allow tenants to buy broadband service from the provider of their choice. Providers are able, under the ordinance, to use any available wiring inside the building that’s owned by the landlord to deliver such service.… More

FCC republicans chase San Francisco “bogeyman”

12 July 2019 by Steve Blum
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Bay to breakers

San Francisco’s open access law that allows any Internet service provider to use landlord-owned wiring inside a building to reach tenants might not be so preempted by Wednesday’s Federal Communications Commission decision. And the FCC’s republican majority is acting more like hired gun lawyers advocating for monopoly-model incumbents than the disinterested expert regulators they’re supposed to be.

Jon Brodkin breaks down the back and forth in a good article in Ars Technica. The ruling formally adopted by republican commissions says that San Francisco can’t require one ISP to share wires it’s already using with another ISP.… More

FCC’s preemption of San Francisco broadband ordinance gets slapped by U.S. house of representatives

3 July 2019 by Steve Blum
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John wayne slap

Democrats in the U.S. house of representatives want to block plans to preempt San Francisco’s broadband access ordinance. Last week, the house voted more or less on party lines to prevent the Federal Communications Commission from implementing new rules that would overturn any local regulations that require landlords to give competitive Internet service providers access to wiring inside their buildings.

The language was inserted by California house member Katie Porter (D – Orange) into an appropriations bill.… More

FCC will preempt San Francisco apartment broadband access ordinance, and that’s just for starters

20 June 2019 by Steve Blum
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The Federal Communications Commission is preparing to preempt part of a San Francisco ordinance that requires landlords to open up access to existing wiring within a building, and allows any Internet service provider to use it to deliver service to tenants. In a draft ruling released yesterday, the FCC proposes to block any requirement that forces a landlord to share wiring it owns that’s already in use. It would apply to both residential buildings, such as apartments or condos, and office buildings – “multiple tenant environments” (MTEs), as the FCC puts it.… More

San Francisco considers taking over PG&E’s electric business

Sfpuc pge report graphic 13may2019

The City and County of San Francisco is a small step closer to taking over the electric half of Pacific Gas and Electric’s utility operations. A report produced by the City’s local public utilities commission, at the request of mayor London Breed, airs many grievances with PG&E, extolls the benefits of a municipally owned electric utility and glosses over the hard questions of how and how much.

San Francisco’s options, according to the report, range from continuing to arm wrestle with PG&E, to building some limited extensions of existing city-owned electric distribution lines, to simply taking over PG&E assets and operations…

The City can completely remove its reliance on PG&E for local electricity services through purchasing PG&E’s electric delivery assets and maintenance inventories in and near San Francisco, and operating them as a public, not for profit service.

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Cities have broad authority over wireless facilities, California Supreme Court rules

In a landmark decision, the California Supreme Court gave cities a major victory today, ruling that the way San Francisco regulates the appearance of wireless facilities is legal, and isn’t preempted by state law or California Public Utilities Commission regulations. Its interpretation goes beyond lower court decisions and adopts a narrower view of state-level restrictions on municipal control of telecommunications infrastructure. The unanimous opinion also opened the door to further regulation of cell sites and other telecoms facilities – wired or wireless – by drawing a line between specific limits the legislature put on local oversight of construction activities, and the general ability of cities to set standards for the appearance, placement and, potentially, other aspects of wireless equipment after it’s built.… More

California Supreme Court expands local control of wireless facilities, allows cities to set aesthetic standards for cell sites

Tmobile small cell riverside

UPDATE here.

San Franciso’s aesthetic standards for cell sites are legal under California law. The California Supreme Court rejected an appeal by T-Mobile, Crown Castle and Extenet of lower court rulings that allowed the City and County of San Francisco to regulate the appearance of cell sites. The ruling, posted minutes ago, is here. The ruling is broader than the lower courts’ opinions, though, and appears to expand the scope for local governments to control the use of public right of ways and issue permits for wireless facilities.… More

Major ruling on cell site aesthetics due from California Supreme Court tomorrow

Tmobile small cell burlingame

UPDATE here.

The California Supreme Court is about to rule on whether California law allows cities to regulate the appearance of cell sites. It posted a notice earlier today that a decision will be published at 10am tomorrow (Thursday, 4 April 2019). Background on the case is here. The key question: does mobile infrastructure that offends local aesthetic sensibilities “incommode the public use” of the public right of way? A California appeals court said yes, it does.… More

San Francisco muni FTTP project hits the rocks

20 June 2018 by Steve Blum
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San Francisco’s $1.9 billion plan to build a citywide fiber to the premise system is dead. At least for now. According to a story by Joshua Sabatini in the San Francisco Examiner, temporary mayor Mark Ferrell didn’t intend to file the paperwork needed to put a tax measure on the November ballot by yesterday’s deadline (h/t to everyone who sent me the link – much appreciated). There’s no indication he changed his mind and, according to the Examiner, would-be private sector partners were told to stand down…

The Office of Contract Administration sent a June 13 letter to the three bid teams informing them of the delay.

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