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Tropos Comments on Publicly Owned Wireless Networks

Tropos is a California-based company that sells wireless networking gear, frequently to municipalities. They filed comments with the FCC regarding the National Broadband Plan in response to the request: "Comment Sought on the Contribution of Federal, State, Tribal, and Local Government to Broadband." We fully support their framing of the issue:

Municipalities that own and control their wireless broadband networks, operate public services more efficiently, prioritize broadband traffic for emergencies, and put unused bandwidth to use to attract new businesses, afford educational opportunities to students and in many cases, provide free broadband access to unserved or underserved residents.

Tropos calls for an end to preemption on community networks.

Congress should not adopt legislation that would prohibit local governments from building and operating broadband networks to provide services within a community. Local governments should have the freedom to make decisions on how they want to provide broadband within their community.

And finally, Tropos harkens back to the same political battles from one hundred years ago:

A century ago, when inexpensive electricity was available to only a small fraction of the U.S. population, incumbent suppliers of electricity sought to prevent the public sector from offering electricity for many of the same reasons incumbent broadband providers now argue against community broadband deployment and services. Back then, incumbents sought to limit competition by arguing that local governments didn’t have the expertise to offer something as complex as electricity. They argued that their own businesses would suffer if they faced competition from cities and towns. Local community leaders recognized that their economic survival and the health and welfare of their citizens depended on wiring their communities. They understood that it would take both private and public investment to bring electricity to all Americans. Fortunately, they prevailed.

Municipalities that own and control their wireless broadband networks, operate public services more efficiently, prioritize broadband traffic for emergencies, and put unused bandwidth to use to attract new businesses, afford educational opportunities to students and in many cases, provide free broadband access to unserved or underserved residents.

Tropos calls for an end to preemption on community networks.

Congress should not adopt legislation that would prohibit local governments from building and operating broadband networks to provide services within a community. Local governments should have the freedom to make decisions on how they want to provide broadband within their community.

And finally, Tropos harkens back to the same political battles from one hundred years ago:

A century ago, when inexpensive electricity was available to only a small fraction of the U.S. population, incumbent suppliers of electricity sought to prevent the public sector from offering electricity for many of the same reasons incumbent broadband providers now argue against community broadband deployment and services. Back then, incumbents sought to limit competition by arguing that local governments didn’t have the expertise to offer something as complex as electricity. They argued that their own businesses would suffer if they faced competition from cities and towns. Local community leaders recognized that their economic survival and the health and welfare of their citizens depended on wiring their communities. They understood that it would take both private and public investment to bring electricity to all Americans. Fortunately, they prevailed.

Christopher Mitchell

on Thu Aug 27, 2009

Folks who are mostly interested in broadband are probably unfamiliar with video franchising laws. Many people still apparently believe that cable companies are able to get exclusive franchises from the city (granting them a monopoly on providing cable television). However, that is not true and has not been true for many years. Most cable companies still have a de facto monopoly because it is extremely difficult to overbuild an existing cable company - the incumbent has most of the advantages and building a citywide network is extremely expensive. This is not a naturally competitive market; it is actually a natural monopoly. However, most people want a choice in providers (something that goes beyond a single cable company and a satellite option or two depending on whether you rent/own and your geographic location. In talking with many local officials and the National Association of Telecommunications Officers and Advisers (NATOA), it seems that almost every local government wants more competition in its community too. This is where telephone and cable company lobbyists have stepped in - more successfully at the state level than at the federal level. They have convinced legislators that the barrier to more competition is local authority over the franchise (the rules a company agrees to in return for the right to use the community's Right-of-Way in deploying their network). These rules include red-line prohibition (you cannot refuse to serve poor neighborhoods), an affordable "basic" tier of service, local public access channels, broadband connections at public buildings, etc. Some states have listened to the lobbyists and enacted statewide franchising - where local communities are stripped of the authority to manage their Right-of-Way and companies can offer video services anywhere in the state by getting a state franchise from the state government. Every year, we gather more data that this practice has hurt communities, raised prices, and barely spurred any competition. Most of the competition it is credited with spurring came from Verizon's FiOS deployments, which would have occurred regardless of state-wide franchise enactment. This touches directly on broadband because the statewide franchises often give greater power to companies like Verizon to cherry-pick who gets next generation broadband.