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Government The Courts The Internet

North Carolina Still Wants To Block Municipal Broadband 289

An anonymous reader writes: In February, when the FCC rolled out its net neutrality rules, it also voted to override state laws that let Texas and North Carolina block ISPs created by local governments and public utilities. These laws frequently leave citizens facing a monopoly or duopoly with no recourse, so the FCC abolished them. Now, North Carolina has sued the FCC to get them back. State Attorney General Roy Cooper claims, "the FCC unlawfully inserted itself between the State and the State's political subdivisions." He adds that the new rule is "arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act; and is otherwise contrary to law."
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North Carolina Still Wants To Block Municipal Broadband

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  • Why? (Score:5, Insightful)

    by Anonymous Coward on Monday May 18, 2015 @12:17PM (#49719477)
    Because FUCK YOU , that's why.
    • It's about money. (Score:5, Interesting)

      by duckintheface ( 710137 ) on Monday May 18, 2015 @12:47PM (#49719811)

      I'm a Democrat living in North Carolina. Roy Cooper is the Democratic Attorney General who plans to run for Governor in two years. He is interested in campaign contributions from the telecom industry. That's why he opposes municipal broadband even when private companies have no intention of offering it to an area. He thinks regular voters are not paying attention so there is only upside for him in this. This is the same Att. Gen. Cooper who opposed gay marriage in NC until the courts forced it to happen. He is not impressing me. Hope he has some competition in the 2017 Democratic Primary for Governor.

      • by bobstreo ( 1320787 ) on Monday May 18, 2015 @01:00PM (#49719949)

        Comcast, AT&T and Time Warner Cable say "It's nice to find some politician that actually stay paid off and don't want to rock the boat"

      • To be fair, Cooper only opposed gay marriage because, as he pointed out, it's his job as AG to represent the state of North Carolina. He was on record as opposing the ban.

        It's not clear to me if the same dynamic is in place here, however.

        • Re: (Score:3, Interesting)

          To be fair, Cooper only opposed gay marriage because, as he pointed out, it's his job as AG to represent the state of North Carolina. He was on record as opposing the ban.

          He was lying. [aside]You can tell when politicians do that by checking to see if their lips are moving.[/aside]. Virginia's Attorney General was in a similar position, except it wasn't just a state law, it was written into the state Constitution. Yet he still refused to uphold the law [npr.org]. So Cooper was just blowing smoke up your ass. He defended the anti-gay marriage law because he decided that was the most politically beneficial position, and had a handy excuse to use for doing it.

          • by Bill_the_Engineer ( 772575 ) on Monday May 18, 2015 @02:13PM (#49720821)

            It was Virginia's AG that did not do his job.

            They swore an oath to uphold the state's constitution and their laws regardless of their personal beliefs. Virginia's AG usurped the authority given to the state legislature and failed to act on their behalf. His job is to represent law makers to the state supreme court and higher.

            I don't agree with the ban but you can't overlook someone's failing as an AG simply because the outcome was favorable to your side. Roy Cooper was correct, since in my state the AG would face impeachment for refusing to act on behalf of the legislature.

        • Cooper tried to split the difference by being against Amendment 1 banning gay marriage and being against gay marriage at the same time. The Attorney General is charged with upholding the law. The highest law is the US Constitution and the NC Constitution makes that clear. After the Windsor decision, there was no excuse for any state official to defer to state law because it was clear that the US Constitution (equal protection and due process clauses) confer equal rights on everyone. And state law did no

      • Of course, if North Carolina and Texas claim loudly from one side of their mouths that they demand more State's rights without federal interference, then turn around and with the other side of their mouths deny their municipalities from having municipal rights, then they're just hypocrites. Of course, that is a redundant word when discussing politicians.

    • Because brib....ahem "campaign contribiti.....ahem "corporate free speech".

  • I wonder why... (Score:5, Informative)

    by MetricT ( 128876 ) on Monday May 18, 2015 @12:19PM (#49719493)

    You have to admire the hypocracy of state legislators who argue for "state's rights", who don't care about "city and county rights" to roll out broadband to attract jobs and new people to their area. It's almost like they were hypocrites, ignorant of freshman economics, sold to the highest bidder or something... /Lives in Tennessee, has the same bunch of ignorant cretins passing laws that an 18 year old freshman could easily shoot down as dumb.

    • Comment removed (Score:5, Informative)

      by account_deleted ( 4530225 ) on Monday May 18, 2015 @12:27PM (#49719567)
      Comment removed based on user account deletion
      • Hypocricy? No.
        For all those who are going to argue this point: keep in mind, States cannot declare bankrupcy, but counties, cities and other subdivisions can.

        Should states be able to tell municipalities, that they can't run a broadband service? Should states be allowed to tell cities they can't run acity sponsered colleges? What about allowing states to force farmers to charge more for food leaving the state?

        I don't know where the line is I don't care. What I would wish to see is simply nationwide local l

    • Re:I wonder why... (Score:4, Informative)

      by Moridineas ( 213502 ) on Monday May 18, 2015 @01:28PM (#49720297) Journal

      Disclaimer, I live in NC and generally support municipal broadband projects when communities are underserved. I'm a big fan of the Wilson fiber service.

      First, there is no concept of a citizen of a city or municipality. People are citizens of a state. Cities, counties, municipalities are all creatures of a state, and thus are under the control of state government, not local or federal government. There's no hypocrisy because the general argument in favor of states rights is not about ultimately devolving power to the smallest possible unit of control, but about maintaining state legal authority from being assumed by the federal government.

      The main argument against municipal broadband projects is that they frequently fail and leave the municipality saddled with debt. This becomes the responsibility of the state government. Thus, state governments have the power to regulate what projects municipalities embark on, because the state government is the ultimate guarantor.

      The secondary argument against municipal broadband is that municipal projects are typically able to entirely bypass permitting and other planning approval stages (costly stages and costly permits; let's not forget the requisite greasing of the political wheels). They are frequently given rights of way and access that private companies do not have authorization to use. There is a good chance that a municipal broadband network would discourage other companies from making a significant investment facing this kind of unbalanced competition. If the project then goes on to be a significant money loser, the municipality is even worse off than when it began.

      Examples of municipal projects that have failed or otherwise had explosive debt:

      Provo, UT (saved by Google)
      Lafayette, LA http://www.rstreet.org/2014/05/30/muni-broadband-the-gift-that-keeps-on-taking/ [rstreet.org]
      Davidson, NC and Mooresville, NC http://www.lakenormancitizen.com/news/news/item/6426-reinventing-mi-connection-an-inside-look.html [lakenormancitizen.com]
      Utah UTOPIA alliance http://www.wsj.com/articles/municipal-broadband-is-no-utopia-1403220660 [wsj.com]

      • by sjames ( 1099 )

        LUS Fiber (Lafayette), S&P upgraded their bonds from A to A+ based on strong performance this year. They went cash positive in 2012.

        Your second link indicates that MI-Connection is likewise cash positive and beginning to pay down debt.

        3rd link is paywalled, had to get it via Google search. That one has real problems, but it appears to be a matter of political sabotage rather than being an intrinsically bad idea.

        So what your links really say is that (SURPRISE), big projects sometimes take longer to pay o

    • Though this may be a bit Godwin's laws ish....

      Remember that State's Rights were used as a justification for secession.

      But, in the Confederate Constitution, it pretty much was a copy of the US Constitution.... three exceptions. 1) anything based on age was of course reclocked to start of Confederacy. 2) anything based on number of states was reset to number of Confederate states 3) you HAD to allow slavery. No choice.

      So, the US Constitution allowed various slavery modes (not that this was good, but we're

  • >> laws frequently leave citizens facing a monopoly or duopoly with no recourse, so the FCC abolished them

    Um...how many cable network providers do YOU have where you live? Does ANYONE have three (3) or more?

    • Re: (Score:3, Informative)

      by topher_k ( 622399 )

      Um...how many cable network providers do YOU have where you live? Does ANYONE have three (3) or more?

      Chattanooga, Tennessee. EPB, Comcast, AT&T. But yeah, almost no one has a choice. I'm lucky.

    • Kansas Citian here. Where I live, I can select from AT&T, Time Warner, Comcast, and Google. And of course there's a bunch of smaller ISPs that resell bandwidth from the big four.

    • >> laws frequently leave citizens facing a monopoly or duopoly with no recourse, so the FCC abolished them

      Um...how many cable network providers do YOU have where you live? Does ANYONE have three (3) or more?

      In Atlanta, I have Charter, and aside from that, a choice of AT&T UVerse and Comcast

  • by grimmjeeper ( 2301232 ) on Monday May 18, 2015 @12:21PM (#49719519) Homepage

    State Attorney General Roy Cooper claims, "the FCC unlawfully inserted itself between the State and the State's political subdivisions."

    Not to mention that municipal broadband providers won't kick back as much in campaign finance support as the major cable companies. The FCC is really going to cut into that revenue stream pretty heavily with these rules.

  • States Rights (Score:5, Insightful)

    by Cowclops ( 630818 ) on Monday May 18, 2015 @12:23PM (#49719539)

    While it seems like the federal government is out of line taking the right to govern away from the states, in reality it is the states that are taking away the right to govern from local governments that ACTUALLY WANT municipal broadband.

    Ensuring that municipalities maintain their rights to roll out local broadband isn't a perversion of states rights, its preventing states rights from perverting local rights.

    • Re:States Rights (Score:5, Interesting)

      by Jason Levine ( 196982 ) on Monday May 18, 2015 @12:56PM (#49719901) Homepage

      I'm fine with the state setting minimum requirements. (Your sewer system shouldn't back up into the public's basements. -- Yes, we've had this happen.)

      However, the case of municipal broadband is the state setting a maximum requirement. "You can't provide this level of service - only less than this level." You can argue whether or not municipal broadband is a good idea and the answer will vary on a case by case basis, but a blanket ban on local governments providing this service is just wrong.

    • While it seems like the federal government is out of line taking the right to govern away from the states, in reality it is the states that are taking away the right to govern from local governments that ACTUALLY WANT municipal broadband.

      Ensuring that municipalities maintain their rights to roll out local broadband isn't a perversion of states rights, its preventing states rights from perverting local rights.

      Trying to follow your logic, i end up where you started: federal government [is out of line] taking the right to govern away from the states - i don't know the constitution of USA, but i think that (usually) a federation has less power over its states than a state has on its municipalities.

    • While it seems like the federal government is out of line taking the right to govern away from the states, in reality it is the states that are taking away the right to govern from local governments that ACTUALLY WANT municipal broadband.

      Ensuring that municipalities maintain their rights to roll out local broadband isn't a perversion of states rights, its preventing states rights from perverting local rights.

      There is no such thing as "local rights". The federal government has 8 areas where it can legally legislate based on Article I Section 8 of the Constitution. Everything else is within the purview of state governments. This is where the concept of "states rights" comes from.

      Your confusion stems from seeing the relationship between the federal government and the various states as being similar to the relationship between a state and its local municipalities. These relationships are - in a legal sense - to

  • EPB to the rescue? (Score:3, Interesting)

    by topher_k ( 622399 ) <topher@NosPAm.kersting.com> on Monday May 18, 2015 @12:25PM (#49719551) Homepage
    EPB in Chattanooga is only about 50 miles from Murphy, NC. If they showed interest in expanding, it becomes interstate commerce and, therefore, a federal matter. (I'm not a lawyer, so YMMV.)
  • This is odd politics as Roy Cooper is a Democrat, and running for Governor. I wonder how he will spin this on the campaign trail. Which segment will care about this enough to be swayed? Except for the high tech folks and people in Wilson, isn't this a non-issue? Why is he bothering?
  • The South rises again!
    Wanna go to war on this?
    The right of a legislature to be utterly corrupt. Canada could probably be persuaded to join.

  • by Greyfox ( 87712 ) on Monday May 18, 2015 @12:37PM (#49719693) Homepage Journal
    I live in Longmont, Colorado. Couple years ago we had a referendum and opted out of the state's blocking of municipal broadband services. They're currently rolling the service out in my neighborhood and their guys did an install at my house about a month ago. I'm getting the fastest internet service in the country [timescall.com] for $59 a month. My youtube uploads go at around a gigabyte a minute. Too bad about all these state legislators who seem to feel the need to protect their constituents from super-fast internet speeds at affordable rates that the private companies never seem to feel the need to deliver. I guess luckily for them, most people have no idea what they're missing, or a lot of those guys would be getting kicked out of office right now.
    • Too bad about all these state legislators who seem to feel the need to protect their constituents from super-fast internet speeds at affordable rates that the private companies never seem to feel the need to deliver.

      In these cases, these politicians' constituents are the big ISPs who don't want any competition (even in areas they refuse to serve), not the voting public.

    • I'm getting the fastest internet service in the country for $59 a month. [...] Too bad about all these state legislators who seem to feel the need to protect their constituents from super-fast internet speeds at affordable rates that the private companies never seem to feel the need to deliver.

      Well, the issue would be is that $59 that you're paying at least "revenue neutral" (i.e., the city government isn't losing money).

      The complaint about having the government be an ISP is that they can afford to operate at a loss because they can use your tax dollars to fill in the gaps. I can understand the argument--remember the Space Shuttle and the effect it had on commercial launches in the US? That said, private businesses are not providing service because they claim they can't do it profitably (even w

      • by Greyfox ( 87712 )
        Sure, and the price will be a bit higher for people who decide to subscribe later. It's still very competitive with the other internet services in the area, especially since none of them actually offers gigabit speeds. I'm pretty sure my uploads to youtube go faster that transfers on corporate networks of any previous companies I've worked for at the moment. I'm also curious to see how I'm faring a couple years from now. The city does seem to feel that it'll be able to maintain these speeds, and they also c
    • Too bad about all these state legislators who seem to feel the need to protect their constituents from super-fast internet speeds at affordable rates that the private companies never seem to feel the need to deliver.

      About 15 years ago, I was one of the first to sign up for Comcast high-speed internet in my neighborhood. I basically had the whole pipe. It was awesome.

      Then others in the neighborhood signed up. It sucked.

      Then Comcast added more capacity and it sucked less. But it was never the same as the early days.

      I'll be curious to see how you're faring in a year or two.

    • I'm getting the fastest internet service in the country [timescall.com] for $59 a month.

      With an initial install cost of 40 million funded by the denizens of Longmont, I hope a lot of you subscribe at $59/mon!

      I'm looking forward to getting fiber as well. Funny how back in the day those who played network games from a university were LPB (low ping bastards). 80ms pings?! So unfair to those of us on dialup...

      Too bad about all these state legislators who seem to feel the need to protect their constituents from super-fast internet speeds at affordable rates that the private companies never seem to feel the need to deliver. I guess luckily for them, most people have no idea what they're missing, or a lot of those guys would be getting kicked out of office right now.

      Actually, North Carolina is one of the most active states in the country in terms of upcoming fiber installs. All of the main populations centers--Charlotte metro area, the Triangle (Raleigh/

    • Couple years ago we had a referendum and opted out of the state's blocking of municipal broadband services.

      Wait, you can do that?

      I wonder what would happen if such a referendum passed in a state capitol.

      Also, what other laws can you opt out of?

  • by cnaumann ( 466328 ) on Monday May 18, 2015 @12:38PM (#49719709)

    The state government is saying that the federal government has no right to interfere with the state's right to interfere with local government.

    • Re:In other words... (Score:4, Informative)

      by Trailer Trash ( 60756 ) on Monday May 18, 2015 @01:17PM (#49720179) Homepage

      The state government is saying that the federal government has no right to interfere with the state's right to interfere with local government.

      Which is true. See my post above for a full explanation.

      • The state government is saying that the federal government has no right to interfere with the state's right to interfere with local government.

        Which is true. See my post above for a full explanation.

        North Carolina legislature has just passed a law that all RF generated in North Carolina, must by law, stay in North Carolina, and none generated outside may pass into North Carolina.

        There is a lawsuit pending against the laws of Physics. DEbates are schedule with Bill Nye the Science guy and the IEEE. Phlogiston theory accounts for this, and is the actual truth, not this godless radio physics not to be owned communist stuff. so we must teach the controversy.

    • by doomicon ( 5310 )

      Technically, I think the states are saying that only the Legislative Branch has the authority to create laws.

      I agree with the states on this one (begrudgingly as they just want kickbacks). Laws are created by the Legislative Branch, however the U.S. has long been in this muck of government created agencies given the power to create laws by "interpreting" law.

      Example 1, BATFE says that it's perfectly legal to by the assisted shooters brace and put it on a "Pistol" that shoots a rifle caliber. The device wa

  • Blocking municipal is how you identify the completely corrupt officials.

  • by Jawnn ( 445279 ) on Monday May 18, 2015 @12:51PM (#49719847)
    Utter bullshit. The welfare of the citizens affected is not really a consideration to anyone with a dog in this fight. Let's get that part right, at least.
    Everyone knows that it's a powerful telecommunications lobby flexing it's muscle in a state where there are lots federal dollars being spent on that industry's services. You don't piss off the industry who paid for your last election, be that for local, state, or federal office, so the whole argument about who has the "right" to look out for those citizens is nothing more than a deliberate distraction for the suckers (voters) who continue to act against their own best interests by electing Big Telco's whores to public office.
    • Utter bullshit. The welfare of the citizens affected is not really a consideration to anyone with a dog in this fight. Let's get that part right, at least. You don't piss off the industry who paid for your last election, be that for local, state, or federal office.

      Oklahoma called - Things aren't working quite like their owners said they would.

  • by zamboni1138 ( 308944 ) on Monday May 18, 2015 @12:51PM (#49719849)

    Municipal broadband is a good thing. It might not be a needed item in population centers. But once you get outside of those areas and into "the sticks" your options disappear just as quickly as all the other traces of modern civilization. You're left with two, one, or sometimes no option.

    My company currently has the best internet connection it's ever had in almost 20 years, provided by wireless point-to-point from the nearest city. In terms of cost, uptime, bandwidth, you name it, this connection is better in every category. The ILEC in the area (Frontier, formerly Verizon, formerly GTE) can't event begin to compete. All they offer is T1. Comcast just started to pull cable, but why would I choose to switch the worst company in the western hemisphere for an inferior solution? Besides, we all know what Comcast has to offer.

    I'm going to stick with the better solution provided by the local government. If something better comes along, great. If anyone in my state's capitol starts to try to make this illegal they will hear from me ad nauseam.

  • Thank God (Score:5, Funny)

    by Ol Olsoc ( 1175323 ) on Monday May 18, 2015 @01:35PM (#49720379)
    The State of North Carolina has the guts to stand up for freedom!

    Dialup forever! - Long distance charges may apply.

  • by CanadianMacFan ( 1900244 ) on Monday May 18, 2015 @02:29PM (#49720973)

    I'm really not trying to troll but am curious about the outlook of US citizens. It seems that many people, at least on here, are in favour of having their local government act as an ISP. I find this attitude so weird because there is such a reluctance to move to a government backed health care system, even one that is only funded by the government and provided by private firms. So why is government health care socialism and bad while government internet access good?

    • by neminem ( 561346 )

      It isn't so much that government internet access is good. It's that a. no matter how terribly incompetent and/or bureaucratic our local governments might be, they couldn't *possibly* be any more incompetent than Verizon/Comcast/Charter/AT&T/etc., and b. having any competition at all, even incompetent competition, would more than likely force the above-listed companies to care at least a tiny bit about trying to keep their customers, once the choice wasn't between them and no internet. We have basically

    • by spauldo ( 118058 )

      It's a complicated issue, but a lot of it boils down to what level of government is doing it.

      In the case of municipal ISPs, it's a local government. Local governments provide all kinds of services to the public as a matter of course. Around here, they provide electricity, water, a library, police, fire, trash collection, sewer, landfill, permitting, zoning, street maintenance, free WIFI (which sucks), and all kinds of other things.

      The federal government can't provide most of those things, by law. States

    • Oddities in the US political system mean that the only stable governing system is two political parties.

      One of those parties is currently ruled by fear. Whatever Fox tells them to fear, they will fear. Even if it makes no logical sense. Members of that party are currently terrified that routine military exercises are a pretext for the federal government conquering Texas. Never mind that Texas is already conquered and subject to the federal government. There's also gems like "Get your government hands o

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