On Wednesday, March 26, Christopher Mitchell will be on the last panel at the Federal Communication Commission's Gigabit Workshop. The full agenda is here and starts at 9 AM EDT. The entire event will be webcast via fcc.gov/live. Mitchell's panel will begin at 2:20 EDT and discuss the ways communities can leverage local tools to build their own networks or to attract partners. All of the panels are scheduled to spend a lot of time answering questions - remote viewers can submit questions to [email protected]. Please do!

Last Friday, FCC Chairman Genachowski issued a statement discouraging states from creating (or maintaining) barriers to community owned networks. This statement came just days after Georgia began considering a bill to limit local authority in deciding whether a network were a wise decision.

As we’ve recognized in law and policy for many years, public-private partnerships are also essential for driving broadband deployment. Public-private partnerships like the Connect America Fund, which drives universal broadband deployment, and municipal and public -private projects like those in Chattanooga, Tennessee and San Leandro, California are also vital components of our national broadband strategy. Our Gigabit City Challenge and the important work of Gig.U to drive ultra -fast broadband centers for innovation can also benefit from innovative local approaches to broadband infrastructure. That’s why the National Broadband Plan stated that, when private investment isn’t a feasible option for broadband deployment, local governments ‘have the right to move forward and build networks that serve their constituents as they deem appropriate.’ If a community can’t gain access to broadband services that meet its needs, then it should be able to serve its own residents directly. Proposals that would tie the hands of innovative communities that want to build their own high-speed networks will slow progress to our nation’s broadband goals and will hurt economic development and job creation in those areas. I urge state and local leaders to focus instead on proposals that incentivize investment in broadband infrastructure, remove barriers to broadband build-out, and ensure widespread access to high-speed networks.”

This is a welome development as the FCC has long opposed such barriers (thank you Commissioner Clyburn as well for long speaking out on this issue) but the Chairman himself has not been as direct as this. The Chairman regularly uses Chattanooga as an example of a tremendously successful network and again noted that community in this statement.

Remember that Washington Post story about bigger, free Wi-Fi networks? It went hugely viral with all manner of outlets picking the story up, unintentionally distorting it, and amplifying it. Some good has come of it. For one thing, I was reminded that Ars Technica does a really good job of tech reporting, better than anyone else in my estimation. Cecilia Kang offered a follow-up story to clarify the original that should help more people to understand what is at stake. But more importantly, we saw a lot of media coverage about something really important, whether we allocate future spectrum for everyone to use (much like Wi-Fi) or will we reserve it just for AT&T, Verizon, or another big corporation? Harold Feld has a strong opinion on the matter:

This past week, we’ve had quite the discussion around Cecilia Kang’s WashPo piece describing a plan by the FCC to create a national WiFi network by making the right decisions about how to allocate spectrum between licenses for auction and what to leave available for the unlicensed TV white spaces (“TVWS” aka “Super WiFi” aka “Wifi on steroids”). As Kang describes, the FCC’s opening of sufficient spectrum for TVWS could lead to “super WiFi networks (emphasis added) around the nation so powerful and broad in reach that consumers could use them to make calls or surf the Internet without paying a cellphone bill every month.” Needless to say, the article faced much pushback, despite a subsequent Washpo clarification to indicate the FCC was not, actually, planing to build a network. Amidst the various critics, there were some general defenders of the concept.

Stay updated on developments by following this tag. The Georgia General Assembly is considering another bill to limit investment in telecommunications networks in the state, an odd proposition when just about everyone agrees states need as much investment in these networks as possible. House Bill 282, the "Municipal Broadband Investment Act," purports to limit the ability of public entities to invest only in "unserved" areas. But as usual, the devil is in the details. This bill will be discussed on Wednesday, Feb 13 at 4:00 EST in the Telecom Subcommittee of the House Energy, Utilities & Telecommunications committee (Committee roster here). We strongly encourage Georgians to write to members of this committee and explain that these decisions should be made at the local level, not by the state. Communities each face unique circumstances regarding the need for telecommunications investment and they can be trusted to make informed decisions after weighing the available evidence. Many local governments have invested in modest networks to connect local businesses, but such investments will be prohibited in Georgia if residents in the area are already served with a connection of at least 1.5 Mbps in one direction. This baseline is far lower standard than the FCC's definition of "basic" broadband: 4 Mbps down and 1 Mbps up. Setting a low baseline hurts communities but rewards carriers that have refused to invest in modern networks. This bill poses a dramatic threat to the ability of local governments to encourage economic development and provide the environment necessary for the private sector to create the jobs every community needs. See our fact sheet on how public broadband investments have created jobs. Supporters of this bill will claim that it only restricts investment to areas that are most needing it.

Last week, I joined Craig Settles on his Gigabit Nation show to discuss Chairman Genachowski's Gigabit Challenge along with Jim Baller, Masha Zager of Broadband Communities Magazine, Gary Evans of Hiawatha Broadband Communications, and Arkansas Senator Linda Chesterfield. I take a more moderated stance in this discussion than I have previously, in part because we do need to take advantage of this opportunity and because we cannot expect the FCC to suddenly act in our interests when a Congress dominated by big corporations can so quickly punish them for such actions. I think the discussion is worth a listen, though it is 90 minutes.

On Friday, I wrote a harsh, quick response to FCC Chairman's Genachowski's so-called gigabit challenge announced in a guest column on Forbes. Since then, I have learned more about the 1 Gbps Challenge and I have to reiterate my frustration with it. We need the Chairman to reduce barriers to community-owned networks, not just recognize their successes. I'm not the only one reacting this way - Karl Bode has a thoughtful response as well. Let me start by giving some credit: Thank you for recognizing that the cable and DSL companies are failing to deliver the networks communities need. This announcement should be used to pressure the existing providers to invest in their networks. It is another important piece of evidence that communities having to choose only between cable networks and a slower DSL option are being left behind. But we need to also recognize that pressuring the existing providers to do better is not a solution in itself. Our slow, overpriced networks are the symptom of a problem, not the problem itself. The problem is that the massive cable and DSL companies are unaccountable to most of the communities they serve. Begging for more investment is better than doing nothing, but solves few problems. I have a challenge for the FCC Chairman: Use your power to make it less of a challenge for communities to build the networks they need. For too long, you have sat silently by as massive telecommunications firms made it all but impossible for smaller entities - public and private - to build competing networks. When the FCC Chairman finally gets around to supporting communities with definitive action to reduce the many unnecessary industry-created barriers to competition, that will actually be praise-worthy. Communities are smart to find ways of building their own networks, whether by owning and operating or finding partners to help. Nearly all the communities in the U.S. that have gigabit (and symmetrical at that!) connectivity today are served by networks owned by the community.

In a column published today, Chairman Genachowski explains why the U.S. Needs 'Gigabit Communities.' It starts off with an accurate observation...

Walking the floor of the Consumer Electronics Show last week, I kept thinking of that line from Jaws, “You’re going to need a bigger boat.” All the Internet-connected, data-hungry gadgets that are coming to market sent a strikingly clear message: we’re going to need faster broadband networks. ... It’s essential to economic growth, job creation and U.S. competitiveness.

Yes! If only the head of the Federal Communications Commission understood what is preventing us from building those networks. Hint: It isn't a lack of demand. Google was inundated with applications for its gigabit service. Hundreds of communities have built their own networks (some of which he praises). Local businesses get it. Mayors get it. City councils get it. And unlike Chairman Genachowski, they know what the problem is: little incentive for massive, established cable monopolies to invest in networks when they are harvesting record profits and subscribers have no other choices. Wall Street not only gets it, it actually rejoices in it!

Comcast's traditional Cable Communications continues to grow and generate copious cash flow.. We're big fans of the firm's Video and High-Speed Internet businesses because both are either monopolies or duopolies in their respective markets.

What is our FCC Chair doing about this problem? He helped Comcast to grow even bigger, with more market power to crush those rivals that he is calling on to build gigabit test beds. Chairman G wants to spur hundreds of David's while refusing to curb Goliath's power. Bad news, Mr. Chairman, Goliath actually wins most of the time. Rather than doing his job, Genachowski is begging others to do it for him.

I quickly read the just-released Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, and came away quite excited by Susan Crawford's new book. Susan Crawford has been supportive of community owned networks and a loud voice against the poor policies that have allowed a few massive cable and telephone companies to monopolize our telecommunications. Her new book is a good resource for those just getting interested in this issue. After the book was released last week, Susan Crawford appeared on the Diane Rehm show -- an excellent 50 minute interview that comes highly recommended. Be aware that the cable/telephone industry is engaging in character assassination to prevent Susan's message from reverberating around the country. The book led to Sam Gustin's article in Time, "Is Broadband Internet Access a Public Utility?"

State and local laws that make it difficult — if not impossible — for new competition to emerge in broadband markets should be reformed, according to Crawford. For example, many states make it very difficult for municipalities to create public wireless networks, thanks to decades of state-level lobbying by the industry giants. In order to help local governments upgrade their communications grids, Crawford is calling for an infrastructure bank to help cities obtain affordable financing to help build high-speed fiber networks for their citizens. Finally, U.S. regulators should apply real oversight to the broadband industry to ensure that these market behemoths abide by open Internet principles and don’t price gouge consumers.

Art Brodsky also reviewed the book on the Huffington Post. He leads with a reminder of the damage done by the NFL's replacement refs, an apt comparison given how poorly the FCC and Congress have protected the public. Susan will be our guest for the Community Broadband Bits Podcast (episode 29) on Tuesday, Jan 15, and I will be offering periodic thoughts on passages from the book in coming days/weeks.