-----Original Message-----
From: Christopher Bodnar [mailto:[EMAIL PROTECTED] 
Sent: September 15, 2005 11:07 PM
To: [EMAIL PROTECTED]
Subject: [cracin-discussion] Z magazine: Community Internet Under Attack

>From the September issue of Z Magazine, a discussion of municipal 
community internet activities in the US . . .

Community Internet Under Attack

By Mitchell Szczepanczyk
September 2005, Z Magazine
http://zmagsite.zmag.org/Images/szczepanszyk0905.html

Who might control the future of high-speed Internet? Will it be 
municipalities and communities that can make the Internet into a 
widespread and affordable public service like electricity or running 
water or big cable and telecommunications companies, like SBC, Comcast, 
and Verizon, who would redline communities and inflate prices to 
maximize profit?

On the one hand, citizens across the United States can now set up their 
own affordable municipal Internet initiatives where entire communities 
can achieve high- speed Internet connectivity at relatively low cost, 
thanks to increasingly affordable technologies like under-the-ground 
copper wiring and wireless connections. On the other hand, in the wake 
of a 2004 U.S. Supreme Court ruling, major cable and telecommunications 
companies have been lobbying state legislatures to make such 
initiatives illegal, or legal only under highly constrained conditions. 
These companies rally under the banner of "telecom reform" in order to 
gain captured markets for themselves.

As of July 2005, big telecom and cable companies, armed with battalions 
of lobbyists, have pressured state legislatures with dubious arguments 
involving "lazy public utilities" and "unfair competition" to get 
anti-municipal Internet laws passed in 14 states. But also in 2005, 
communities have rallied against these corporate Goliaths to preserve 
their rights to establish community Internet infrastructure on their 
terms and costs-and they have been winning.

As of mid-2005, seven states have successfully repelled attempts at 
blocking or maiming community Internet initiatives and other 
communities have made considerable strides.

Illinois

A citizens' group called Fiber For Our Future worked in three Chicago 
suburbs to pass a referendum to establish municipal broadband in 
suburbs of Batavia, Geneva, and St. Charles. The referendum came up for 
a vote in 2003 and 2004. Both times the referendum was subjected to a 
massive corporate scare campaign from SBC and Comcast, and twice the 
referendum narrowly lost at the ballot box .

In the wake of these losses, a coalition of grassroots Illinois 
organizations-including consumer rights' groups, community technology 
groups, faith leaders, local government officials, and Fiber For Our 
Future-met and organized under the coalition name Get Illinois Online. 
The coalition quickly faced a test in the Illinois General Assembly, 
which was poised to rewrite the main state law concerning telephones 
and the Internet, the Illinois Telecommunications Act.

One bill, which would have eliminated community Internet, was 
introduced in February 2005-then got pulled from consideration for 
reasons that remain unclear. It should be noted that, at around this 
same time, organizers worked to bring increased attention to the bill 
and coalition activists planned to testify against it. The coalition 
continued to work: Illinois organizers convened forums throughout the 
state, lobbied to maintain the rights of community Internet in Chicago, 
and successfully blocked an increasingly pro-corporate rewrite of the 
Illinois Telecommunications Act in spite of its passage in the Illinois 
House.

Texas

SBC, headquartered in San Antonio, is Texas's leading spender in state 
lobbying costs and stood to gain tremendously from gaining a captured 
Internet market in its home state. Its main legislative vehicle was an 
amendment introduced at the Texas legislature, HB 789, which would ban 
cities from offering their own high-speed Internet access. SBC alone 
deployed more than 100 lobbyists-one for every two Texas state 
legislators-to rally support for the bill.

Despite the alignment of such massive forces, an impressive popular 
counter-alignment formed in response, including an email list called 
Texas Muni Action, and a website-savemuniwireless.org- that chronicled 
the progress of the bill and the swirling political fight around it. 
The coalition partners in Texas included a number of Texas cities, an 
assortment of local public interest groups, and even some companies in 
the technology industry including Texas companies like Dell and Texas 
Instruments.

The Texas House passed HB 789 in March 2003, but in the Senate popular 
forces delayed the legislation by organizing and voicing sharp 
opposition in testimony before the Senate. That helped stymie the 
anti-municipal Internet provisions in the bill before the Texas 
legislature concluded its 2005 session. Still, in July 2005, there was 
one last attempt from big telecom: Texas governor Rick Perry called for 
a special session of the legislature and thereby extended the time the 
assembly could work. The municipal Internet issue was added to the 
agenda, but because of fights on an assortment of other issues, the 
session passed no limitations on municipal Internet in Texas.

Louisiana

Louisiana was one of the 14 states that passed legislation to restrict 
municipal Internet rights. As a result of 2005 legislation, Louisiana 
now requires a referendum for any community to establish a municipal 
Internet backbone. The Louisiana town of Lafayette, population 116,000, 
took up the challenge and called a referendum as required by law.

On one side, the Lafayette local government and community groups like 
Lafayette Coming Together worked to mobilize support, and multiple 
citizen websites like lafayetteprofiber.com and fibre911.com offered 
commentary and progress reports on the issue. On the other side were 
Bellsouth and Cox, the incumbent telecommunications and cable 
companies, whose formula for defeating the referendum was to spread 
fear, uncertainty, and doubt.

Both sides ran active campaigns for the referendum, which was held on 
July 16, 2005 and deemed at the time to be a bellwether for similar 
future referenda. The result gained worldwide attention, as Lafayette 
voters approved the fiber initiative by 62 percent to 38 percent, thus 
effectively clearing the path for a fiber-to-the-home initiative for 
Lafayette residents.

Recipe for Victory

We can also count community Internet victories on the state level in 
Iowa, West Virginia, Oregon, and Indiana. From these struggles, we can 
learn a number of lessons for organizers and citizens to consider in 
future struggles for community Internet:

     * Continue on in spite of apparent losses. Fiber For Our Future 
organizers lost their referendum, twice, yet provided crucial 
contributions to later statewide initiatives which succeeded. Moreover, 
the effort helped other initiatives across the United States, both 
directly, by providing testimony and coverage at key points in various 
campaigns, and indirectly, by setting an example of a grassroots 
campaign that fought for what it believed.
     * Promote the issue in any and every forum you can. The companies 
fighting against community Internet can be counted among the major 
media in the United States, and also serve as a source of major 
advertising dollars for other major media corporations. As a result, 
Big Media tends not to give the issue of community Internet initiatives 
much sympathetic coverage-or, for that matter, any coverage at all. 
Thus, community organizers must become their own media and use whatever 
available media there are to raise awareness of the issue. Such 
available media may not have the cachet of Big Media outlets, but still 
can go quite far in helping get the word out.
     * Set up communications infrastructure among organizers. Many 
campaigns have built their own online mailing lists, websites, blogs, 
newsfeeds, and other tools to share information and news about ongoing 
campaigns, especially in a realm like community Internet, where 
struggles change rapidly.
     * Realize the weapons of the other side. Big Media have lied often 
in order to bolster their case, mainly because many times they have no 
case. One such example is a Verizon "fact sheet" passed among 
legislators in Washington, which cited many supposed community Internet 
"failures." A study by the media activist group Free Press showed that 
when the claims were given the most basic examination, they withered 
almost immediately.
     * Join forces with unexpected allies. One extraordinary facet of 
this issue is that it dissolves typical political lines. Both "red 
states" like Texas and Louisiana and "blue states" like Illinois have 
worked to defend community Internet rights. Moreover, different 
constituencies within and across states have collaborated in assorted 
campaigns. An organization of Chicago-area ministers known as the 
Ministerial Alliance Against the Digital Divide (www.maadd.org) joined 
the Get Illinois Online coalition. The forces fighting in Texas 
included computer corporations like Dell, Intel, and Texas Instruments.

Larger Stakes

In response to these local and statewide victories, big cable and big 
telecom have begun to take this to the federal level. On May 26, 2005, 
U.S. House Representative Pete Sessions, a Republican from Texas, 
introduced the "Preserving Innovation in Telecom Act of 2005," a 
federal bill which would abolish the rights of states and 
municipalities nationwide in one fell swoop. Not coincidentally, Pete 
Sessions used to work for SBC and at the time he introduced the bill 
his wife still worked for SBC; he also held about $500,000 in SBC stock 
options.

Fortunately, a bill to counter Sessions's bill has been introduced in 
response. Two senators, New Jersey Democrat Frank Lautenberg and 
Republican Senator John McCain have introduced the "Community Broadband 
Act of 2005," which would overturn all state-level legislation banning 
municipal Internet. Unfortunately, since the battle has been moved out 
of the state level and into the federal level, the struggle is now more 
between competing industries-cable and telecom versus computers and 
software-and less of those most impacted by these laws.

The importance of the victories can't be overstated, particularly in 
the wake of a 2005 Supreme Court ruling which may prove critical to the 
future of the Internet. The case is called the Brand X case, referring 
to an Internet service provider in California that sued the Federal 
Communications Commission over discriminatory policies concerning 
network access; Brand X lost in the Supreme Court. What this decision 
could mean is that what had been understood as a public resource- the 
connecting infrastructure of the Internet-now can fall under private 
carriage. Since the current cable/telecom duopoly in the U.S. is 
responsible for some 98 percent of broadband connections, those 
connections that fall outside that duopoly may remain the only free 
remaining Internet platform.

Then there's the digital divide, which community Internet initiatives 
also address. Forty percent of homes currently have no Internet access 
and the trajectory of the spread of the Internet is leveling off. 
Meanwhile, many local government and community resources are migrating 
services to an online-only arrangement amid budget cuts. The importance 
of the Internet as a communicative medium in other ways will only 
increase.

Certain communities are left behind, frequently along class lines, by 
incumbent Internet providers over concerns of profitability. Community 
Internet initiatives may help to provide that necessary public service 
and even a leveling effect. The future of community Internet is not set 
in stone but rather in wet cement and, as we've seen, the current trend 
is to organize and win-a trend that will hopefully grow.

Mitchell Szczepanczyk (www.szcz.org) is an organizer with Chicago Media 
Action, and a contributor for assorted Chicago community media projects 
in print, web, radio, and television. 
  


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