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Texas Wireless Ban Has Failed

chip rosenthal writes "The effort to ban municipal networks in Texas has failed. Texas House Bill 789 originally had provisions to ban muni wireless networks. The Senate passed a significantly rewritten version, without a ban. A conference committee failed to reach agreement, so the bill died when the Texas legislature adjourned this weekend."

26 of 408 comments (clear)

  1. Thank GOD. by professorhojo · · Score: 5, Insightful

    Close call. The attempt to forbid cities and towns from offering wireless services was seriously misguided.

    Public wireless is like roads and street lights. Like roads, public wireless access enables economic development. When a road is paved, houses and businesses spring up around it. When an urban area has street lighting, business and civic life continues into the night.

    Most streets aren't toll roads, and street lights don't have a fee per block. These services are generally accepted to provide public benefit above and beyond the revenue they would bring if they relied on fee-for-service funding.

    Networking is in an early stage, like street lights were a long time ago. Cities and towns ought to be able to make their own decisions about what will bring economic development to their area. Each municipality makes its own decisions about roads and public transportation. Similarly, the decision about whether and how to provide wireless services should be a local decision. We don't want to *prevent* cities and towns from choosing to provide wireless as a service that will incent additional economic activity. We don't want to mandate one model, for the whole state, in an early stage of development.

    1. Re:Thank GOD. by stubear · · Score: 3, Funny

      "Public wireless is like roads and street lights."

      Apparently you do not drive in New England. If the condition of the roads is any indication of the conditon of municipal wirelsss here than I'd rathe rpay Verizon or Comcast for the service thanks. Unfortunately I wouldn't get the money back from the taxes they've taken out for the service.

    2. Re:Thank GOD. by EugeneK · · Score: 5, Funny

      I so agree with you! We need to get rid of public water, libraries and fire departments. They are thoroughly squashing bottled water, bookstores, and security firms. The founding fathers intended the government to take care of a very limited set of duties, such as bombing Iraq, - not setting up wireless networks. Look in the Constitution - the word "wireless" does not appear ONCE.

    3. Re:Thank GOD. by timster · · Score: 4, Insightful

      What gives your private business the right to a profit if it can't even do better than the government? You know, the infamously inefficient bureaucracy with the customer service department staffed by bona fide Vogons?

      --
      I have seen the future, and it is inconvenient.
    4. Re:Thank GOD. by JFitzsimmons · · Score: 4, Insightful

      What gives the private sector the right to squash any public business just because they believe they can do the job better?

      The major difference here is that the public would be competing at worst with the private sector; not squashing it through legislature. If this bill had gone through, the private would have squashed the public in such a style. Your statement just doesn't stand up.

      --
      Beware he who would deny you access to information, for in his heart he dreams himself your master. -Anonymous
    5. Re:Thank GOD. by timster · · Score: 5, Insightful

      The free market gives you a right to try to make a profit, not the right to be successful.

      Remember? It's life, liberty, and the PURSUIT of happiness. If we start trying to guarantee our corporations profits and guarantee our citizens happiness, we may as well call ourselves Europe.

      --
      I have seen the future, and it is inconvenient.
    6. Re:Thank GOD. by Big_Al_B · · Score: 4, Insightful

      But what gives the government the right to squash any private business

      Interesting way to frame the discussion. It's completely backwards and inaccurate, but interesting in a fun way.

      How does a muni providing a value-add wireless communications service designed to attract commercial and residential development translate to "squashing" private business? That's a really bass-ackwards perspective, since the underlying goal is to attract new businesses and residents.

      It's no different than parks, festivals, community centers, bike paths, etc.

      just because they believe they can do the job better?

      You've assumed a false proposition that muni's want to compete with, and beat, private companies. This doesn't make any sense, as it contradicts ubiquitous goals of community growth and economic prosperity (especially for any local business owners holding prominent public offices.)

    7. Re:Thank GOD. by smackjer · · Score: 5, Insightful

      Don't forget:

      public wireless != private telco

      --

      This is my sig. There are many like it, but this one is mine.
    8. Re:Thank GOD. by EnronHaliburton2004 · · Score: 5, Insightful

      Look in the Constitution - the word "wireless" does not appear ONCE.

      Maybe because the Constitution's authors didn't have computers or wireless networks?

      Section 8 of the Constitution does say the government should build physical infrastructure like Roads as well as communication infrastructure like Post Offices. Seems very similar to building wireless infrastructure.

    9. Re:Thank GOD. by timster · · Score: 4, Insightful

      You're taking a tremendously oversimplified approach to the interaction between the public and private sector in society.

      First of all, lots of private companies compete successfully against the government. People buy bottled water (and other commercial drinks) when the only drink anyone really needs is the government-provided tap water. But it's not as simple as all that, either.

      Once upon a time people had radios, but there wasn't much of a power grid. So to run your radio, you had to buy a battery from someone, and pay them to charge it when it ran out. So of course people made money on radio batteries.

      When local governments decided to subsidize the installation of a comprehensive power grid, the citizens were happy that they didn't have to buy batteries anymore. I'm sure the private companies selling people batteries complained to no end that Big Brother was killing the little guy and so on, but nobody listened.

      Of course, the government's decision to support something that wouldn't return a profit anytime soon led to an entire industry of home electronics. Time and time again, the government's infrastructure fuels private industry growth.

      --
      I have seen the future, and it is inconvenient.
    10. Re:Thank GOD. by krbvroc1 · · Score: 4, Insightful
      Yes, I know it's popular around these parts to bash telco companies like Verizon, and many of you may see me as a "save the poor starving conglomerate" sympathizer.

      But what gives the government the right to squash any private business just because they believe they can do the job better?

      Why do you think that Verizon is a regular 'private business'? Verizon's entire existance is because of special privileges government gave it to provide service with no competition. Verizon couldn't innovate itself out of a paper bag. Verizons most recent innovations are $1 ring-tones. Our telecom system is an infrastructure like roads/bridges. Verizon does not see it that way, they just want to be profitable. If that business model was used in the beginning a large portion of the country would not have telephones today. I think enough years have passed to realize the failures of DSL rollout. Verizon wouldn't make ISDN affordable in many states. They fought the digital revolution. Then with DSL they fought to only have to serve 'easy to service' customers (lobbied hard to make DSL an optional service). They haven't made DSL accessible to all or in areas with SLC (subscriber loop carrier) service where it will cost them more. They don't feel compelled to care about those folks. Meanwhile all the equipment they are using to exploit their customers were paid for many time over by the rate increases they fought for. The subscribers paid many times over for the digital switches and SS7 networks, but rather than benefit from those new services, they were turned around and used to extract $4 a month for Caller ID (flipping a bit in the software we paid for many times over).

      If the same profit only business model is taken with Wireless we will continue to see only markets served that are the most profitable. The restof the markets will be left out.

  2. Persistence by Lead+Butthead · · Score: 4, Insightful

    How many want to bet that it will be back in the next session? The persistence of corporate greed should never be underestimated.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:Persistence by chip+rosenthal · · Score: 3, Informative

      This article (annoying registration required) quotes the HB 789 sponsor as saying he will try again in two years (next legislative session).

  3. Good. by SatanicPuppy · · Score: 4, Interesting

    Last thing we need is more dumb telecom legislation.

    Now if congress would get off their ass and put together a real bill that governed fiber bandwidth intelligently, we'd be in business.

    Seriously, we need to pull the rug out from under the damn cable companies. They're making a mint prentending they're not in the same business as phone companies (moving info), and the laws support it.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  4. Good deal by poofyhairguy82 · · Score: 3, Insightful

    As a Texan, I'm glad that the last bits of that last session were spent trying to do more important things like finding funding for schools. The whole thing seemed like entity was trying to slip it through so when it was found (and called out) the thing was pretty much dead in the water. I am glad that they didn't mess with the current system of telecommunications- one of my favorite things about Texas is the pretty fast broadband that I have in a pretty rural area. Touching anything might kill the golden goose.

  5. When does the socialist fantasy ever break? by suitepotato · · Score: 5, Insightful

    Internet access is not, never has been, and should not be considered a basic public service.

    The Internet is a medium of communication for individuals and groups, organizations, and companies, people and assemblies of all kinds. As a medium of communication, putting ownership and control of access to it in the hands of government is a very very bad idea that relies on a false idea that the government can be trusted because it is the government which gives us rights and therefore will protect them on any service it provides.

    This nation, as with all other nations of humans, has a long history of illustrating just the opposite. Government descends from our basic rights as humans, not the other way around. We make right of our right to free will to choose to organize and co-operate under governance, not to exist at the leisure of it.

    Governments inherently being creatures of our darker tendencies and mob rule, are not and never have been given inherently towards respecting or protecting our rights, but ever seek to intrude upon them and limit them.

    Yet despite all the socialist alarm bells about the present president turning this nation into the bastard offspring of Stalinist Russia and Nazi Germany, the same people all too often seem to think that government should provide the conduit through which we express ourselves. If this be the case, then let us turn over all the printing presses, computers, word processors, typewriters, phones and phone service and paper supplies and all other mediums of communication right now to the government.

    Anyone trust that the government will distribute these mediums as best fits our rights and needs or would they do as they more often do, limit, choke, control?

    Internet service by government is to put that access in the hands of politicians and politics. Two things that should be kept as far away and have as little contact as possible with it. Putting my tax dollars on this is tantamount to forcing me to contribute to something destined to become embroiled ina civil rights clusterf*ck of all time in the near future. Let us cut to the chase and not go there in the first place.

    --
    If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
    1. Re:When does the socialist fantasy ever break? by thetejon · · Score: 3, Insightful

      Internet access is not, never has been, and should not be considered a basic public service.

      Why not? It wasn't 10 years ago, and maybe it isn't now, but it sure will be soon. What percentage of your shopping do you do online? When was the last time you picked up a phone book? It will take some time, but soon those who don't have internet access will be at a severe disadvantage to those who do. Are you advocating that we deny the government the right to provide this service to those who can't afford it for themselves?

      Allowing public WiFi provided by the government doesn't mean you have to use the service. It means that those who can't afford to pay Verizon or the cable company or whoever can have another option. Those who are unhappy with the public service and can afford private service won't lose that right. The government doesn't confiscate your car because they added a new bus route that goes right past your house.

    2. Re:When does the socialist fantasy ever break? by learn+fast · · Score: 4, Insightful

      Did you notice:

      * They're not banning access to the internet from non-municipal sources. This is not giving the government "ownership and control of access" to the internet. This is not analogous to "turn[ing] over all the printing presses" etc. to the government. It's like saying that because the FBI has a web site, this means that the government is controlling web sites, so therefore they are impeding our rights because everyone should be able to have a web site yet they control web sites.

      * These are the governments of towns and cities (AKA "municipalities"). This is not The Government that could send in the jack-booted thugs at any moment that we've all been hearing so much about. One wonders what you would think if the state government successfully banned city governments from offering wireless access? That's a government, too, and that shouldn't be trusted...

      * There is a scuff on your tin foil hat. I recommend Stop & Shop "heavy duty" tin foil as it is slightly thicker and lasts much longer. Remember to keep the shiny side pointed away from your head.

      FYI.

  6. Too bad... by ebrandsberg · · Score: 3, Interesting

    802.11b is a very poor means of delivering bandwidth to anybody. Because of interference from cordless phones, even inches away from my AP, I can't get a clean connection through many times. This type of interference I've experienced on several brands of AP's with several different wifi adapters, and they all experience the problems at the same time. Attempting to make use of 2.4Ghz for utility style bandwidth deployment is a waste of government money and time, better suited to other projects.

    On the other hand, I don't believe that state governments should be telling the local governments what to do like this, as it is clear that this is a move by the commercial companies to keep a niche market where they can keep money. ON the other hand, why CAN'T they make money deploying this stuff.

  7. As someone living in Texas... by Prien715 · · Score: 3, Interesting

    I'm quite disturbed at the number of moronic bills that have been passed just this session.

    First, they banned same sex couples from adopting children -- most sinister is allowing the state to monitor the activities of foster parents to make sure they're straight.

    Second, they've banned "sexy cheerleading". Yes, that right. They took time out of their legislative session to vote on a bill banning public high schools from cheers and outfits people might consider appropriate.

    You can learn a lot about your own state sometime just by watching the Daily Show.

    --
    -- Political fascism requires a Fuhrer.
    1. Re:As someone living in Texas... by BenEnglishAtHome · · Score: 4, Informative

      Uh, no. The bans on lewd cheerleading and gay foster parents failed to pass. The linked page provides a quick list of some of the things that passed and didn't in the last Texas legislative session. Some of the items are pretty funny. Or pretty sad, depending on your POV.

      A quick note to everyone from outside Texas - We have a part time legislature. It meets for 140 days every two years. The standard joke in the state is that we'd be a hell of a lot better off if they met for 2 days every 140 years.

  8. And I helped make it happen! by Cryofan · · Score: 3, Interesting

    The savemuniwireless mailing list kept us all informed of what politicians to email at what times.

    I emailed those politicians told them I was going to work for/donate to their opponents when they came up for reelection, if they voted for HB 789.

    Now we need to target Phil King, of Weatherford. He is the slimy corporate whore who sponsored hb 789.

    We should probably raise money to run ads informing his district constitutents about how he sold out to SBC, et al as a corporate whore.

    Here is the url to the Weatherford Democrat, the newspaper for the biggest city in his district.

    I say we make an example of this whore Phil King by raising money over the Net to defeat him when he runs for reelection/office again. He will serve as an example for the other corporate whores. With the internet we can focus all our whore-hating dollars on some whore like King.

    This guy is just a texas state govt representative. It is not all that big an office. We do not need to raise all that much money or have all that huge an effort in order to make an example of him by kicking him out of office.

    --
    eat shiat and bark at the moon
  9. Post Office by PapaPhonez · · Score: 3, Insightful

    Try replacing 'internet' in your statement with 'post office' and see how absurd it is. Providing public access to the internet is NOT the same as controlling internet access. People are free to get their internet connection from a private enterprise, and if the government begins instituting draconian laws governing the use of public internet access, they will.

  10. Re:Does the anti-government fantasy ever break? by eeyore-on-thorazine · · Score: 5, Insightful

    Spoken like a true zealot... never-the-less, I shall try.

    1. The bill would have PREVENTED local government from offering these services. The fact that it failed to pass is , in no way shape fashion or form, a mandate that local governments SHOULD provide it.

    2. In the current system, a voter referendum is still required for any city to proceed. Remind me again how we've extended the power of government beyond previous limits?

    3. Most muni broadband/wireless projects are funded via bond-issue, open access fees and user subscription fees. Relatively few of them rely on tax dollars to build or maintain the system. Those that are funded by tax dollars almost universially are required (by law) to get voter approval before work can even begin. You do vote, right? You know, that thing we do to determine who governs us, and what they are allowed to do?

    4. This is not an issue of 'The Government' trying to trample the rights of 'The Individual' or 'Free Enterprise'. It is an issue of preventing 'Big Government' (state) from preventing 'Little Government' (local) government trying to spur economic development (which is in its own interest as well) by providing services that provide value to citizens and businesses, but aren't lucrative enough to interest private enterprise (in this case, limited monopolies... I notice you didnt scream too much about them manipulating the individual by creating artifical scarcity/demand).

    5. Take off your tinfoil hat and realize that not all aspects of government are bad or irrational. It is true that our form of government is subject the excesses of it's representatives, but it will also adjust itself (given the opportunity and an interested populace) - which is better than most.

    This was an arbitrary law limiting municipal governments' ability to provide an important service in an underserved area. It takes nothing away from constituents except for their right to decide how their corner of the world is governed. It EXPANDED the grasp of government, instead of narrowing it. It artifically limited the rights of the local populace to choose their relationship to their government at the bequest of major commercial interests.

    6. Before posting on an issue you obviously know nothing about, take an hour to familiarize yourself with it JUST A BIT. Like most things in life/government there is typically a great deal more involved than is immediately apparent, and releveant to your personal agenda. I li ve in texas, and I know what this law meant, and you'll forgive me if I prefer to be able to choose for myself what I allow my local government to do with my own vote!

  11. Muni-Wifis not banned != Only Muni-Wifis by balaam's+ass · · Score: 3, Insightful

    Correct me if I'm wrong, but all this means is that municipalities are not PROHIBITED from setting up wireless networks?

    That means that, if you don't like the idea of a municipal wifi network in your area, you can STILL fight it via political activism in your local government?

    I've seen a number of arguments in this thread about why muni-wifis are a bad idea (inefficiency, discourage competition, not an essential function of government, not a "need" of all citizens, etc), but I haven't read any actual advocacy for a state-wide ban prohibiting munipilatities from deciding for themselves whether to offer wi-fi or not... So, much of the "hubub" here seems misplaced.

  12. Re:Thank GOD. -- Doing Better by Nom+du+Keyboard · · Score: 4, Insightful
    But what gives the government the right to squash any private business just because they believe they can do the job better?

    Uh, because they can do it better?

    Consider, if the town doesn't provide competative service then no one will use it. Just because the Telco's exercise monopoly or near monopoly control over local telephone service does not entitle them to a monopoly over broadband as well.

    In fact, the Telcos aren't providing adequate broadband service now, because if the were the municiple option wouldn't even be under consideration. That should be self-evident to everyone.

    Plus, this is an issue of local control. Citizens have the greatest amount of control over their smallest, most local, entities -- in this case towns. I would expect that only towns that want their local government to provide broadband will actually go ahead and do so.

    And this is the way it should be.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."