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In Austin, TX, you'd be hard pressed to find a coffee shop that could stay in business without free Wi-Fi. Many places just offer open access points, but there is also a group called Austin Wireless City http://www.austinwirelesscity.org/ where participating locations have users log in for free Wi-Fi. In turn, the businesses are able to advertise on the log-in screen.

Having a log-in might allow the cafe's owner to advertise specials or new drinks and discourage the users from accessing illegal / questionable materials (since they might at least think that they could be identified). With users being registered, I think this would still allow the owner to offer free internet but still encourage users to be reasonable about content and time.

The bill history for HB789 is interesting. Notably, it shows how quickly (and without a recorded vote so those of us who live in Texas can't even accuse our representatives of actually supporting this legislation) the bill passed.

Austin Wireless and Austin Wireless City both have coverage of what it means to Austin. The Save Muni Wireless group was put together in response to challenges like this; they include much better commentary on why HB789 is a bad idea than would be worth repeating here. If you really want to understand the issue, check some of these sites.

Even the High Tech Broadband Coalition (a group of telecom, hardware, and software companies) was against HB789.

Several local news stories:

• News8 Austin on "end of free Wi-Fi" - News8 Austin is the local Time Warner cable news channel.
• Austin Business Journal on "Free Wi-Fi Faces Challenges"

For those in Texas who want this law changed, it's probably a good time to call or write your state Senator today before this bill sails through committee and a floor non-vote.

The anti-muni provisions of Texas HR 789 will be highly harmful to Texans. It certainly will harm communities. How it harms any given community, however, will vary. Texas is a very big place.

In metro areas, such as Austin, wireless access is proving to be a mighty tool for economic development and for bridging the digital divide. These absolutely are causes of civic concern, and municipalities should be involved.

Here in Austin, for instance, the private Austin Wireless City project has been a leader in the drive to provide wireless access. The city has been involved, but it's mostly been logistical and organizational support, not funding. This sort of public/private partnership is good for people and good for business, but could be prohibited by HR 789.

In rural areas, the story is much grimmer. I hear that government shouldn't compete with private enterprise, but what if private enterprise isn't even showing up to compete? The broadband fiber isn't landing in the small towns, because SBC can't justify the buildout investment.

In the last century there was a big push for rural electrification. Internet access is the 21st counterpart. If these small towns don't get broadband access, they are going to find their economic options significantly limited and their quality of life impacted. These towns need the right to assure local infrastructure.

This issue is not about free lunches or something for nothing. It's about making sure citizens and markets determine what's right for our communities, and not the special interests of the incumbent communication providers.

If you live in Texas, please visit the Save Muni Wireless web site to learn more about the issue and what you can do.

I certainly hope that the Lege doesn't make free access provided by NGOs illegal (imagine not being able to run your own AP out of your house!)

Austin Wireless City

Austin Free Net

Austin Wireless.Net

EFF Austin

Save Muni Wireless