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Municipal Wi-Fi Battle Moves to Texas

Cryofan writes "The fight in Texas is heating up over municipal wireless. Texas House Bill 789, under consideration in Texas, would impose one of the most extreme bans on municipal involvement in any form of communications--free or otherwise (the bill could ban free library access)."

31 of 305 comments (clear)

  1. PDF of the Bill by OverlordQ · · Score: 4, Informative

    Before you jump to conclusions why not try reading it first?

    --
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    1. Re:PDF of the Bill by OverlordQ · · Score: 3, Interesting

      I hate to reply to my self but in that entire 332 page PDF the word "wireless" is mentioned exactly . . . 4 times . . yes a Whopping Four Times!

      --
      Your hair look like poop, Bob! - Wanker.
    2. Re:PDF of the Bill by Nebu · · Score: 5, Funny

      If I didn't read TFA, what makes you think I'm gonna read some governmental bill?

    3. Re:PDF of the Bill by judonym · · Score: 5, Insightful

      It does seem to ban municipalities from offering any kind of telecommunication or network services.

      Another section that caught my attention was the description of "Political Subdivisions" to include any community with over 275 access lines. People often speak about government as if it's some detached body that's unnecessary and useless, but maybe it's good to remember that government at its best is really just a bunch of neighbours working together to achieve some goal.

      This bill is government at it's worst, creating unnecessary limits to protect the interests of corporations. I know Texas is pretty far gone, but this can't possibly pass with those sections can it? Is there any real benefit to taking those options away from communities?

    4. Re:PDF of the Bill by drooling-dog · · Score: 4, Insightful
      that entire 332 page PDF the word "wireless" is mentioned exactly . . . 4 times . . yes a Whopping Four Times!

      And just how many times does a word have to be mentioned in a bill before it becomes meaningful? Actually the bill appears to ban municipalities from offering network services of any kind, including wireless.

      You are obviously very familiar with the bill, and it's hard not to conlcude that you have an interest in misleading people about what it will do. Do you?

  2. State-run telco services have failed everywhere by no+parity · · Score: 5, Insightful
    Throughout Europe, telephone service used to be state-run. All of them have noticed how bad this system was and some are still in the progress of moving away from it.

    This should be kept in mind when cheering for municipal wi-fi access.

    1. Re:State-run telco services have failed everywhere by tetromino · · Score: 3, Insightful

      Throughout Europe, telephone service used to be state-run. All of them have noticed how bad this system was and some are still in the progress of moving away from it.

      Very true. That is why, IMHO, municipal-run broadband and wifi should be
      1) used only as a means of last resort (i.e. when the local telcos and cable companies refuse to provide a certain service in a certain area -- which is true for many rural parts of the United States); and
      2) the municipal ISP must be self-funding and independently managed, much like the US Post Office or the BBC; and
      3) it should not be a monopoly (i.e. the municipality may not prevent companies from competing with the municipal ISP -- provided that the companies are actually willing to offer competing services).

      Europe's experience shows that unless it's implemented very carefully, a government telecom might fuck up royally.

    2. Re:State-run telco services have failed everywhere by 91degrees · · Score: 5, Informative

      In Hull, England, the telephone service was run by the local Authority. They had free local calls since 1904, broadband ADSL before anyone else had heard of it, and they've had ADSL based TV for several years now.

      States are large and tend to get overly beurocratic, but smaller governmental organisations often run things rather well.

    3. Re:State-run telco services have failed everywhere by mvdwege · · Score: 4, Interesting

      Speaking as someone who lived through the transition from state-owned telco to private-owned telco, I can tell you one thing: you are talking out of your rear end.

      After privatisation, the costs have gone up, the service has detoriated, and any kind of competition that even tries to arise is ruthlessly squashed.

      The only ones who profited are the shareholders and the telco management. Give me a state-owned infrastructure over a rapacious bunch of MBAs anytime. I'd much prefer a communally-owned system, but for some reason the Powers That Be seem to want to squash that at all costs, no matter if the PTB are The Government or The Corporation, so I'll have to settle for the lesser of two evils for the moment.

      Mart
      --
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  3. It's all about where you draw the line... by SteelV · · Score: 3, Interesting

    The United States government already manages many public works. The United States Postal Service (although it isn't completely run by the government, it is largely funded by the government and thus, in my opinion, under government control), as well as many public works. What's different about this public offering? It can be argued that it is a necessary service in our modern age in order to communicate/do business (similar to the USPS). I think the government will probably just mess it up, like it does most things, but maybe give it a shot. Widespread, tax-payer funded Wi-Fi being funded by our tax dollars will hopefully just save it from being squandered elsewhere... but they'll probably just charge us more... sigh!

    1. Re:It's all about where you draw the line... by Legion303 · · Score: 3, Informative

      "The United States Postal Service (although it isn't completely run by the government, it is largely funded by the government and thus, in my opinion, under government control)"

      Sort of. USPS receives an annual budget of $0 from the government. According to the union's president last year, USPS is almost entirely funded through the sale of stamps (express and priority mail make up the rest, along with parcel post).

      On the other hand, congress still sets rules and regulations that USPS has to follow, so even though your details are wrong, your point is correct.

  4. relevant section: 54.202 by j1m+5n0w · · Score: 4, Informative
    The relevant section is 54.202, on page 87 of the pdf:
    A municipality or munincipally owned utility may not, directly or indirectly, on its own or with another entity, offer to the public:
    1. A service for which a certificate is required;
    2. A service as a network provider; or
    3. Any telecomunications or network service, without regard to the technology platform used to provide the service.
    1. Re:relevant section: 54.202 by Bent+Mind · · Score: 5, Interesting

      Umm, wouldn't this ban Internet in public schools? Or are schools state owned and not run by a municipality?

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    2. Re:relevant section: 54.202 by mattspammail · · Score: 5, Informative

      Tough one to give a straight answer on. Most of the school districts in Texas are independently operated. There are dozens in the Houston area alone. There also exist other types of school districts. One in the area is a municipal school district (Stafford, near Houston). The overseers, or school board, members in an independent school district are voted in. They are not run by a municipality. However in the case of Stafford MSD, the policy makers of the school district are, in fact, the local government. It's not the norm, but it will definitely need to be addressed before a law like this is passed. They'll need a small print area.

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  5. Municipal WiFi is not free. by cowboy76Spain · · Score: 5, Interesting

    I do not understand how people can be so cinnic. They do believe municipal WiFi is free? If the city town spends money on it, then it will have to recover them from somewhere else (maybe raising the taxes to all the population, maybe giving less funding to an area that may be more important, or maybe by charging the users -as any company-). It can't just assume its costs and get in red for that.

    I think the true reason /.ers like it is because, beeing usually more computer savvy -and having all of them internet- they want their neighbours that do not connect to share the connection costs.

    BTW, a previous topic did state that europeans are switching from a public telephonic network to a private one because it is better... nothing more far from reality. Companies that provide social services (Postal, Communications) were often owned by the states(that granted them the monopoly) to ensure that they did provide their service to everyone, even if it was not economical (for example, providing postal service for remote small towns, where the cost of going and check if there is something to send is always bigger than any expected revenue). The reason of privatizing them now has been to allow more competence and to avoid that a state locks its country for other EU companies, and now to get the same social benefits the prefered way is for the state to sponsor them (and I can tell that some of the canges have been for worse; because the greed of the companies to win a contract and earn money often can be noted in the QoS).

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    1. Re:Municipal WiFi is not free. by TheRaven64 · · Score: 5, Insightful
      They do believe municipal WiFi is free? If the city town spends money on it, then it will have to recover them from somewhere else

      Maybe. That's the thing about infrastructure though - the cost / benefit thing isn't quite so clear cut. Perhaps the government shouldn't be responsible for roads. After all, not everyone uses them, and so people could just pay for the ones they use. Except that having decent roads makes it easier for people to get around, which has a knock-on benefit on all businesses in the area. Since these businesses have a greater turn-over, they can pay more taxes.

      Ubiquitous internet access is the modern equivalent of an efficient rail system. Without it, it is very difficult for an area to be competitive - both businesses and wealthy individuals will move away.

      And speaking for the UK, privatisation has been a get-rich-quick scheme for the government. Selling off capital infrastructure has been used to make up for budget shortfalls. This delayed tax increases (yay! More votes). A prime example of this was British Rail, which was sold off under the last Conservative government. Since then, service has got far worse - in the last 5 years I have not been on a single train journey in this country that has arrived on time, my last trip took 5 hours (and was supposed to take 3) - and the taxpayer is still paying for it. Every year, the government allots several hundred million pounds to shoring up the infrastructure, while investors in the rail companies receive dividends.

      Any service which is essential to a nation (or municipality) remaining competitive should be accountable to the people of that nation. As a parting thought, I will leave you with the following quote from the BSD fortune file:

      There were in this country two very large monopolies. The larger of the two had the following record: the Vietnam War, Watergate, double- digit inflation, fuel and energy shortages, bankrupt airlines, and the 8-cent postcard. The second was responsible for such things as the transistor, the solar cell, lasers, synthetic crystals, high fidelity stereo recording, sound motion pictures, radio astronomy, negative feedback, magnetic tape, magnetic "bubbles", electronic switching systems, microwave radio and TV relay systems, information theory, the first electrical digital computer, and the first communications satellite. Guess which one got to tell the other how to run the telephone business?
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    2. Re:Municipal WiFi is not free. by ortcutt · · Score: 4, Insightful

      What if a city wants to put up 5 or 6 wireless access points in areas that are frequented by tourists and business travelers? Let's say that they could do it for a few thousand dollars a year. That may be worth it if it makes the city more attractive to visitors. Those visitors spend money and pay hotel taxes. The city is happy and the visitors are happy. But, this bill would prohibit the city from doing this, even though municipal wireless system like this makes a lot of sense. I just think that you haven't considered just how broad this bill is. It bans a city from providing network services. Period. There are some ideas for municipal wireless systems which are probably not good ideas. But why can't they let the municipalities make those decisions?

  6. Re:I have really mixed emotions about this. by Monkelectric · · Score: 4, Insightful
    Look, America is supposed to be about choice. So one town tries to roll out wireless -- if they screw it up then that will discourage other towns not to, if they don't screw it up. Either way its not the end of the world.

    A town just down the street here is running fiber optics to every house/business. Isn't that just cool? Its going to atract a lot of business, and be light years ahead of the surrounding towns. I'm already looking into moving there :) Why shouldn't that be allowed? So some company can make money off outdated infrastructure? No company has a *right* to profit.

    --

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  7. [Shudder] Texas by ProjectMayhem · · Score: 4, Funny

    Fuck Texas. Let them create stupid laws. Let their talented move to staes that recognize the value of the interweb. While we're at it, let them secede and take their former governor http://www.whitehouse.gov/ with them! If they don't want their citizenry educated, I suppose it's their prerogative. Where are Texas schools right now anyways? Ahead of Arkansas? Behind Bulgaria?

    1. Re:[Shudder] Texas by KontinMonet · · Score: 3, Informative

      They are very probably way behind Bulgaria. Bulgarian education is excellent. For example, for a small country of less than 8 million, they usually appear in the top 5 at International Mathematics Olympiads (in amongst China, USA, Russia) and they produce superb developers.

      --
      Did he inhale?
    2. Re:[Shudder] Texas by ortcutt · · Score: 3, Funny

      I bet more Bulgarians can correctly pronounce the word "nuclear" too.

  8. Regulating technology to death, eh? by shanen · · Score: 3, Insightful
    There actually are legitimate purposes for government. In this case, the idea of wireless networking replacing most of the wired infrastructure would be very progressive--but anathema to the politically influential phone companies. Of course, those pork-barrel-politicians in Texas are going to jump in and stifle the alternatives. Lots of imaginative possibilities, but if they intefere with big business, just forget it.

    In the long run, it doesn't matter. As America regulates and scams itself into technical obscurity, more innovative and--dare I say--democratic societies will have competitive advantages and eventually eclipse her. Mostly reminds me of the 20-year stall on FM radio because the big old boys were perfectly happy with the profits they were making on AM. Eventually FM won out (of course), because it was technically superior.

    As an American, I am of course sad to see it coming, but any country where rougly half want Dubya as a leader should expect repercussions.

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  9. Re:I have really mixed emotions about this. by quarkscat · · Score: 3, Insightful

    One thing about the neo-cons, multinational corporations, and megopolists that run this country - they don't want the government to interfere with their "business plans", but are damn quick to seek a government handout in the form of tax credits, specially created tax loopholes, or outright grants & subsidies to their
    businesses.

    The telecos have been quick to complain about local government (Philadelphia comes to mind here) competeing with their "markets", but have not been willing to spend their money to provide the level of services requested by those same localities. Since the breakup of "Ma Bell", the regional "Baby Bells" have been under more relaxed Federal regulations, as well as some level of regulation by the states. The state regulatory boards have not been doing a very good job of making certain that the regional telcos have been providing a uniform level of service to their citizens. OTOH, most counties have enough regulatory power over the cable companies by granting temporary county monopolies that DTV and broadband Internet access has flourished. A temporary grant of monopoly status along with specific goals and guidelines for improved digital service seems to work well with the cable companies.

    That being said, Dubya and his neo-cons, as well as the WTO and World Bank, have used other countries debt service as a means of forcing the
    opening of their public utilities to foreign/multinational corporate competition. The provision of clean potable water has become a new "profit center" for the World Bank's corporate allies. Invariably, the quality of service has gone down, municipal workers layed off, and the
    price of clean water has gone through the roof.
    Some services, such as potable water, should be deemed too important a "human right" to turn over to a foreign multinational corporation for profit.

  10. Re:Insane. by cmarkn · · Score: 4, Informative
    No, it is not. Fire, ambulance and police are services similar to 911, but none of them is a telecommunications service. Since you clearly haven't looked at the bill, here's the relevant part:

    Sec. 51.002. DEFINITIONS.
    (2) "Basic local telecommunications service" means:
    (A) residential and business local exchange telephone service, including primary directory listings;
    (B) tone dialing service;
    (C) access to operator services;
    (D) access to directory assistance services;
    (E) access to 911 service provided by a local authority or dual party relay service;

    (F) the ability to report service problems seven days a week;
    (G) lifeline and tel-assistance services; and
    (H) any other service the commission determines after a hearing is a basic local telecommunications service.


    Notice item (E) in the list. A telecom provider provides access to 911 service, among several other things. Notice the word "and" before item (H). It is important. A telecom provider connects you to 911, but 911 is not a telecom provider any more than a firetruck is.
    --
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  11. Re:this is barely news... by morbiuswilters · · Score: 3, Insightful

    I know of no law preventing someone from giving away what is theirs. The point of this bill is to prevent municipalities from taxing citizens to pay for a service most people will never use. The service isn't "free", it is forced on all of the citizens who have to pay for it. In addition, no private company can compete with a solution that is funded with stolen money and then graciously provided as "free" by the politicians. This bill is depriving no one of personal freedom, but is trying to do precisely the opposite and protect the personal freedom of citizens to choose how to spend their own money.

    Seriously, if Wi-fi is important enough to enough people then it will get built. I would love to see wi-fi access in my community, but I don't want to have it paid for by a bunch of extra taxes--in response to another poster: how exactly is robbing others in your community to pay for your addiction to good wifi (hey, I'm addicted too) being "neighborly"? Do you people consider the thousands in these communites who don't even own a computer and who will derive absolutely no benefit from this government-mandated service? No one is going to turn down an opportunity for profits and if the telco won't build it, then maybe some enterprising individual will. Perhaps it will take the form of a co-operative where participants provide access by connecting a public AP to their broadband in exchange for access to the network. That's fine, so long as it isn't being treated as another "government" benefit.

    This is from the crowd that (rightfully, IMHO) won't trust the FBI/CIA/NSA to read their e-mail but expects the government to provide magically free wireless that comes with no strings attached? One more thing that you seem to miss is that with higher-speed wireless with much wider range on the horizon, a wifi network with hundreds of nodes might be a million dollar waste in 3 years time. Corporations tend to be more careful with money that is their own than governments do with their budgets and maybe the telcos see no point in investing billions across the nation in networks that are being made obsolete as we speak.

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  12. Free? by Chess_the_cat · · Score: 4, Insightful
    ...would impose one of the most extreme bans on municipal involvement in any form of communications--free or otherwise (the bill could ban free library access)

    You keep using that word. I don't think it means what you think it means. I believe you mean "taxpayer funded".

    --
    Support the First Amendment. Read at -1
  13. Re:this is barely news... by Shadow99_1 · · Score: 4, Insightful

    Ya know while to some extent I agree with you, I do have a few points I need to counteract...

    First the state government shouldn't restrict local government from being able to build any sort of communications network (which this does). Heck they shouldn't even stop them from being an ISP if that's what the people want... Maybe you don't really deal with local government much, but I have... Local government is a meeting of all concerned citizens and (normally) everyone gets their say ya or nay... If everyone does agree they want free wifi or say broadband service why shouldn't they be able to build it through the local government?

    Second the 'f Wi-fi is important enough to enough people then it will get built' is funny. I see thsi all the time with broadband. Markets of over five thousand people which are ignored by phone and cable providers and who can't realistically use Satelite services (want to sometimes play a game online or do some other similiar activity). Business could care less about them. Their best option is to create their own, but they are much better off getting municipal broadband started then creating their own business (or attempting to at least). Not everyone has the skills to do that sort of business or the right knowledge to do it correctly. The local government in those cases makes far more sense as a facilitator than having to start a bussiness to create such services does...

    --
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  14. And SBC corporate headquarters is located in...? by Eternal+Vigilance · · Score: 5, Interesting
    Oh, that's right - San Antonio, Texas. What a coincidence!

    Looks like SBC's employees in Austin are hard at work.

    Having Read The Fine Amendment (the bill amends the existing Utilities Code), here are a few salient quotes:
    "...all public policy must be driven by free-market principles..."

    "Sec.A54.202. PROHIBITED MUNICIPAL SERVICES. A municipality or municipally owned utility may not, directly or indirectly, on its own or with another entity, offer to the public:
    (1) a service for which a certificate is required;
    (2) a service as a network provider; or
    (3) any telecommunications or information service, without regard to the technology platform used to provide the service."

    And removed from the existing code:
    "It is the policy of this state to ensure that customers in all regions of this state, including low-income customers and customers in rural and high cost areas, have access to telecommunications and information services, including interexchange services, cable services, wireless services, and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at prices that are reasonably comparable to prices charged for similar services in urban areas."

    Roughly translated:
    1. Government exists to maximize corporate profits. (When we talk about "free-market" consumers, understand we mean it in the same sense as "free-range" chickens.)

    2. Citizens are prevented from organizing and offering any telecommunications service that would allow them to use their economies of scale to threaten corporate profits.

    3. You'll pay whatever we want to charge you for whatever service we feel like providing, and you'll like it, since you're prevented from defending yourselves by organizing your own public service to compete with us when we ream you.

    If someone wants to abide by "free-market" principles, they might start by acknowledging that a group of citizens who agree to cooperate to provide a service for the public good are a part of the market.

    Any truly free and fair market should allow for a balance of both public and private participation.

    Government promotion of business interests over public interests has a name: fascism. (But calling it that tends to upset the chickens, so the less-upsetting alternative used these days is "reform.")

    If the communications companies (SBC alone has $40B in annual revenues, $100B in assets, and over 150,00 employees) can't compete against the residents of Plano, or Amarillo, or even Dallas, well, the real free market is tough. Compete fairly and provide a better service or find another line of work.

    (And we chickens better do something about this sort of "reform" other than just post to /., or our only place in the "free market" will be plucked and hanging upside down.)
  15. Yeah! by HangingChad · · Score: 3, Funny
    While we're at it, let them secede and take their former governor http://www.whitehouse.gov/ with them!

    Elect pro-business candidates then act all surprised when they create sweethear legislation protecting business interests. Duh.

    Too bad we can't get Texas, Alabama and Utah closer together. Then we could let them start their own right wing facist christian paradise here on earth. The religion of big business at a 4th grade reading level.

    --
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  16. Re:this is barely news... by RoboOp · · Score: 3, Insightful
    I know of no law preventing someone from giving away what is theirs. The point of this bill is to prevent municipalities from taxing citizens to pay for a service most people will never use.

    Fine. Then the law should be reworded to say exactly that, as opposed to singling out WiFi.

    I pay for expensive sports stadiums that I never enter, for pampered, overpaid teams that I don't like. To add insult to injury, I have to pay again if I choose to view the welfare jocks in action.

    A municipal WiFi implementation is probably the least obtrusive use of tax dollars - you don't have to sieze someone's land using 'eminent domain' to provide the service. It allows people to make use of the public radio spectrum without carving it out and selling it to the highest bidder.

    --
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  17. This is the truth. by cbreaker · · Score: 5, Insightful

    I agree, although I might not have put it that way!

    A lot of people are of the incorrect opinion that "If I don't use it, why should I pay for it?" It's not as simple as that.

    Everyone has to contribute to society as a whole, whether you personally make use of something or not. It's our responsibility as citizens if we want to live in a civilized society.

    Roads are always a good example. Just because I never drive on 90% of the roads, why should I pay for that 90%? Because it would be too expensive for only people that use the roads to pay for them. Do you want to live in a city where all the roads are dirt?

    Schools? I don't have any kids but some of my tax money goes to schools. Well, once upon a time I DID go to school, and it wasn't cheap putting me through it I'm sure. One day my kids will go through school if I have them. If only parents with kids had to pay school taxes, nobody would be able to afford to put their kids through school. Do you want to live in a society where no kids are getting even a basic education?

    The same can be applied to Internet connectivity. The internet is quickly becoming a basic communications tool, and more important for doing business and staying competitive both on a business and individual level. If no internet provider is willing to provide access for your town or area, why shouldn't local government be allowed to provide this? It's for the better of the society, just like roads and education. Just because Joe Shmoe might never use it, a lot of people will, and it will improve the area's productivity in so many ways.

    But you can't tell this to some people, they apparently don't have the capability to think past their own $5 in their pocket.

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