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Wheeler Wants to Eliminate Protectionist State Broadband Laws

For the second time in as many months, FCC boss Tom Wheeler has hinted that the FCC may take steps to pre-empt laws written and passed by broadband incumbent ISPs that prohibit towns and cities from building their own broadband -- even in cases where nobody else will.

In a blog post, Wheeler uses the utility-provided broadband services by the city of Chattanooga, Tennessee (see our overwhelmingly-positive user reviews of EFB Fiber) as an example of how many of these projects can work out, despite a decade of hang-wringing from the usual folks eager to defend the status quo.

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"Local phone and cable companies chose to delay improvements in broadband service to the Chattanooga area market," notes Wheeler. "Without faster networks, Chattanooga residents were at risk of finding themselves on the wrong side of the digital divide, bypassed by the opportunities high-speed connectivity enables."

Chattanooga's EFB Fiber recently started offering 1 Gbps connections for $70, and might never have started if they hadn't survived a legal onslaught from Comcast years ago. In addition to trying to sue the project out of oblivion, Comcast helped lobby and pass a Chattanooga version of more than twenty state laws that prohibits the growth (or even creation) of these projects.

"Tennessee’s law is restricting Chattanooga from expanding its network’s footprint, inhibiting further growth," said Wheeler. "The mayor told me how adjoining communities have asked to join the network, but cannot also be served by a simple extension of the broadband network because of the state law."

Wheeler goes on to note that an actual review of the record shows "far more successes than failures" with these projects, and notes that local ISPs shouldn't be curtailing citizen rights to do whatever they'd like in their own communities. Municipal opponents often deride the supposed horrors of government's help in improving broadband, but oddly downplay the problems with letting incumbent ISPs write (buy) protectionist laws that only help themselves at the cost of local voting rights.

"I believe that it is in the best interests of consumers and competition that the FCC exercises its power to preempt state laws that ban or restrict competition from community broadband," said Wheeler. "Given the opportunity, we will do so."

While his comments are promising, it should be noted that once again Wheeler fails to specify exactly how he'll accomplish this and when he'll start. We've been watching states pass these protectionist laws for the better part of a decade and a half now, and despite a lot of lip service from both parties of government about their love of broadband competition over that time period, not much of substance gets done on the subject.
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battleop
join:2005-09-28
00000

1 recommendation

battleop

Member

Oh Please...

Stop thinking EPB is this great savior of Chattanooga. The management at EPB is as cooked as you can get. In the last month they got caught red handed for over charging the city and tax payers MILLIONS of dollars for street lights that were never replaced or touched.

They claim their "smart grid" prevents power outages, yet there were people in the dark yesterday after a storm. They claim that we will see a huge influx of "High Tech Jobs" which have yet to show up. Where are all of the Data Centers we were told this would bring? They claim that if we don't have a fiber network we will become as barren as Detroit.

I live and work here and I don't see all of these "Great" benefits they keep bragging about.
ke4pym
Premium Member
join:2004-07-24
Charlotte, NC

1 recommendation

ke4pym

Premium Member

Re: Oh Please...

said by battleop:

Where are all of the Data Centers we were told this would bring?

They came to the NC side of the mountain. In Lenoir, Forest City, Kings Mountain, and Maiden....

keithps
Premium Member
join:2002-06-26
Soddy Daisy, TN

10 recommendations

keithps to battleop

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to battleop
It's funny, since you work for an ISP in the Chattanooga area, that you would be vehemently outspoken against them. Everyone I know, including myself, absolutely loves EPB.

I don't think EPB ever claimed the smart grid would stop outages, but rather would reduce their scope. It's insane to think it can reroute power from the pole to your house if a tree falls on the service line, and you're being ridiculous even suggesting it.

Fact remains that you have hated EPB fiber since it's inception because you work for a competing company. Maybe not a large one, but competing nevertheless. In fact, that technically makes you no better than any other industry shill, even if it's not for Comcast et al.

MikeWald
@188.138.9.x

MikeWald

Anon

Re: Oh Please...

said by keithps:

It's funny, since you work for an ISP in the Chattanooga area, that you would be vehemently outspoken against them. Everyone I know, including myself, absolutely loves EPB.

As a former resident of Chattanooga, I agree with you. Best of all, the peering is great, unlike Comcast who I had before. No choke on games or watching Netflix videos.

battleop
join:2005-09-28
00000

battleop

Member

Re: Oh Please...

"Best of all, the peering is great"

What? They peer with Level3 and Quest and that's it. That's certainly not "great" peering.

thomasm21
@217.115.10.x

thomasm21

Anon

Re: Oh Please...

said by battleop:

"Best of all, the peering is great"

What? They peer with Level3 and Quest and that's it. That's certainly not "great" peering.

We use Level 3 in the office and they don't have congestion issues to any of the sites we access. You also don't see them shaking people down like Comcast. Good on you EPB.

battleop
join:2005-09-28
00000

battleop to keithps

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to keithps
My hatred for EPB extends long before they were in the Fiber/Telecom business. Their attitude has always been, "If you don't like it where are you going to go?"

They are much like Google. On the surface they appear to be doing all kinds of great things for you but in reality they are blowing through your tax dollars like a drunken sailor.

"t's funny, since you work for an ISP in the Chattanooga area, that you would be vehemently outspoken against them"

Where does it stop? They are trying to run local ISP's out of business. They are trying to run networking companies and computer repair shops out of business. They are trying to run phone system / hosted PBX vendors out of business. They are rumored to soon go after Alarm companies. Where does it stop?

Government should NEVER EVER have the goal of running taxpaying business out of business. That in it's self is the exact opposite of what they claim that they are doing which is bringing in business.

Let me ask you. If the City of Chattanooga were to jump into your line of work using your tax dollars and the advantages of being a government owned agency how happy would you be?

chip89
Premium Member
join:2012-07-05
Columbia Station, OH

chip89

Premium Member

Re: Oh Please...

I would love The city where I live to start a fiber network gives more compititon to the cable ISPS.

keithps
Premium Member
join:2002-06-26
Soddy Daisy, TN

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I understand you're frustrated that you have to compete with them. The problem is that my options for ISP's are Comcast, 6mbps AT&T DSL or EPB. Basically, unless I want to check the weather and email, Comcast was my only choice.

While I seriously doubt the government is going to get into the cotton linter pulp business, keep in mind, I do something you don't. I compete with China, who's labor, regulatory and raw materials costs are a tiny fraction of mine. In addition to the fact that they are government supported. Yet I don't sit here and whine, I *take* market share from them by offering a better product, delivered on time and reliably. I EXPORT finished product TO China because my product is that much superior.

battleop
join:2005-09-28
00000

battleop

Member

Re: Oh Please...

"I understand you're frustrated that you have to compete with them"

The frustration is not that we have to compete but that they spent many years using dishonest sales tactics to drive local competition out of business.

They went around telling some of the customers at a former company I worked for that ISP was going out of business and they needed to switch. At another ISP they told customers that only they had 100% fiber and we did not. They said that because our equipment hand of to the customer was copper then we were not 100% fiber, yet they too only hand off copper.
biochemistry
Premium Member
join:2003-05-09
92361

biochemistry

Premium Member

Re: Oh Please...

I doubt they are any more or less dishonest than your average private company.

battleop
join:2005-09-28
00000

battleop

Member

Re: Oh Please...

They are the Government and they are here to help us?
biochemistry
Premium Member
join:2003-05-09
92361

biochemistry

Premium Member

Re: Oh Please...

All I meant was I have heard the same stories between people getting FiOS and cable vision and many other ISPs all claiming you can only get fiber from them.
elray
join:2000-12-16
Santa Monica, CA

elray to biochemistry

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to biochemistry
Private companies don't have the power to tax to paper over their losses and inefficiency, they don't get a free pass from the left-wing press, and they don't get the insider exemption from prosecution for wrongdoing.

Government enterprises are absolutely more dishonest than your average private company.

davidc502
join:2002-03-06
Mount Juliet, TN

davidc502

Member

Re: Oh Please...

It's too bad you've had the "well poisoned" by the likes of Fox News, Rush, and Glenn Beck. lol

It's okay, the government still loves you... lol as long at you continue to pay your taxes......
openbox9
Premium Member
join:2004-01-26
71144

openbox9

Premium Member

Re: Oh Please...

said by davidc502:

It's okay, the government still loves you... lol as long at you continue to pay your taxes......

So the Federal Gov doesn't love a majority of the citizens in the US? That's reassuring
biochemistry
Premium Member
join:2003-05-09
92361

biochemistry to elray

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to elray
Private telecom companies have been taking tax dollars for years to boost their profit without investing in the services they promised.
elray
join:2000-12-16
Santa Monica, CA

elray

Member

Re: Oh Please...

Those private telecom companies do not have the power to create or collect the tax. Those moneys were given over by the government after being extracted from us.

If you believe those firms acted fraudulently, make your case, and I'll back you up, to petition the government to pursue them to return the tax money - which in turn, should be refunded to the taxpayers.
biochemistry
Premium Member
join:2003-05-09
92361

biochemistry

Premium Member

Re: Oh Please...

I think Karl has already made that case for me.

tshirt
Premium Member
join:2004-07-11
Snohomish, WA

tshirt to biochemistry

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to biochemistry
said by biochemistry:

I doubt they are any more or less dishonest than your average private company.

I hope you'll reconsider that statement
Most companies are groups of hardworking individuals, honestly and sincerely trying to make a living while selling, servicing, manufacturing or importing goods that people want.
It is wrong to lump them together with those relatively few that have a few bad apples trying to get more then they really earn.
and we need MORE private companies to be successful, to hire and train even more people. being private and for profit doesn't make them evil.
we can't all work for the gov't.
sonicmerlin
join:2009-05-24
Cleveland, OH

sonicmerlin

Member

Re: Oh Please...

said by tshirt:

said by biochemistry:

I doubt they are any more or less dishonest than your average private company.

I hope you'll reconsider that statement
Most companies are groups of hardworking individuals, honestly and sincerely trying to make a living while selling, servicing, manufacturing or importing goods that people want.

Large companies are run by executives who share none of those traits. They and their demanding shareholders shape the personality and behavior of the kinds of organizations that influence government and politics.
openbox9
Premium Member
join:2004-01-26
71144

openbox9

Premium Member

Re: Oh Please...

said by sonicmerlin:

Large companies are run by executives who share none of those traits.

I think making all-inclusive comments like that will invalidate your argument every single time. There are plenty of executives that work hard, are honest and sincere, and are busy building better services and businesses.
sonicmerlin
join:2009-05-24
Cleveland, OH

1 recommendation

sonicmerlin

Member

Re: Oh Please...

People like Verizon's former CEO Ivan Seidenberg, a former employee who worked his way up to the position of CEO, are exceedingly rare these days in rage multinational corporations.

Mainly they're members of the club, nominated by board members from a tiny pool of candidates.
openbox9
Premium Member
join:2004-01-26
71144

openbox9

Premium Member

Re: Oh Please...

Working one's way up from the trenches isn't a prerequisite for being honest and hard working to grow a business.

chip89
Premium Member
join:2012-07-05
Columbia Station, OH

chip89 to openbox9

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to openbox9
Rare but there is people like TSI mark.
sonicmerlin
join:2009-05-24
Cleveland, OH

sonicmerlin to battleop

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Oh please. I can't imagine what kind of dishonest tactics private competitors have used. If you had any proof of your accusations you could easily have sued them.

battleop
join:2005-09-28
00000

battleop

Member

Re: Oh Please...

When it's david vs Goliath it's hard to keep operating and pay for lawyers. Sometimes it's just better to cut your losses and find another market outside of their reach.
sonicmerlin
join:2009-05-24
Cleveland, OH

sonicmerlin to battleop

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to battleop
You have no business profiting off of an infrastructure heavy market with little to no competition.

battleop
join:2005-09-28
00000

battleop

Member

Re: Oh Please...

Point taken Comrade.

WHT
join:2010-03-26
Rosston, TX

5 recommendations

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said by battleop:

they got caught red handed for over charging the city and tax payers MILLIONS of dollars for street lights that were never replaced or touched.

Conveniently you didn't mention the amount EPB was under-charging the city.

"Red handed" implies a willful and knowledgeable undesirable action. In reality it was an oversight.

Furthermore that "MILLIONS of dollars" as reported in a news outlet was never substantiated.

MaverickTI
@65.125.135.x

6 recommendations

MaverickTI to battleop

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Dude, so what???

The taxpayers are exercising THEIR RIGHTS to finance whatever sinkhole they voted for. If they fall victim to slick marketing and over-promised fantasies which will never materialize, again SO WHAT?

How dare a private corporation take away the rights of the public?

Community-drive broadband MAY NOT be the savior of a community or it MAY but that's for the community to decide. Not a private for-profit company that buys the votes needed from the government to stop the public from at least considering what they want to do with THEIR resources.
Skippy25
join:2000-09-13
Hazelwood, MO

Skippy25 to battleop

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to battleop
Oh, you mean they didnt just pop up overnight?

battleop
join:2005-09-28
00000

1 recommendation

battleop

Member

Re: Oh Please...

10 years isn't over night..

davidc502
join:2002-03-06
Mount Juliet, TN

davidc502 to battleop

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I fail to see how anything that was written has anything to do with the price of beans in China!

We are talking about EPB as a ISP, and from what I understand they do a darn good job.

SHABAZZ
join:2008-07-13
Seattle, WA

SHABAZZ to battleop

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You must work for Comcast!

•••••

davidc502
join:2002-03-06
Mount Juliet, TN

davidc502 to battleop

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Profit....

I have absolutely no issues with Corporations making profits. My issue is when they make billions of dollars in profit, and don't re-invest or innovate.

•••••
jjeffeory
jjeffeory
join:2002-12-04
Bloomington, IN

jjeffeory to battleop

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to battleop
For some reason I thought you lived in Biloxi, MS
tpkatl
join:2009-11-16
Dacula, GA

tpkatl

Member

When you have low expectations ... sometimes you are surprised.

I had very low expectations of Wheeler, with his background in the cable industry. But .. this is the second time in a month that he has done something that I agree with.

Stopping these monopolistic and predatory state laws is a good thing.

••••••••••••••

tshirt
Premium Member
join:2004-07-11
Snohomish, WA

tshirt

Premium Member

has hinted that the FCC may take steps to pre-empt laws written ....

... so you assume he is out to "rescue" places with restrictive laws, rather then intending to seize control for the FCC?
Not saying all the laws are good, but a blanket voiding of local law seems likely to open up all sorts of legal challenges/problems and SOME of the controls were inacted to protect taxpayers from over-eager, over-spending local politicians and other hucksters.

•••••••
Probitas
join:2014-06-05
Canada

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Probitas

Member

Show me the money!

I'll believe it when I see it. The guy must realize the public is on to his BS and knows who he really works for, so is now releasing consumer friendly soundbites to counteract his image as an industry yes man.

Soundbites have no substance, words are cheap as hell. Let the man show it with actions.

You only have to look at who gets invited to these soundbites to know who he's really working for. Is the public ever present at these functions, or industry hacks?
binded2
join:2009-08-11
Providence, RI

binded2

Member

does this also

Does this also revoke there franchise agreements with the cities allowing other providers to overbuild.
openbox9
Premium Member
join:2004-01-26
71144

openbox9

Premium Member

Tisk, tisk, tisk....

said by Karl Bode:

laws written and passed by broadband incumbent ISPs

Who passes legislation?

mackey
Premium Member
join:2007-08-20

1 recommendation

mackey

Premium Member

Re: Tisk, tisk, tisk....

The people hired by the big ISPs.
openbox9
Premium Member
join:2004-01-26
71144

openbox9

Premium Member

Re: Tisk, tisk, tisk....

Or, the people elected by every citizen eligible to vote.