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North Carolina Still Wants To Block Municipal Broadband

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."

26 of 289 comments (clear)

  1. Why? by Anonymous Coward · · Score: 5, Insightful

    Because FUCK YOU , that's why.

    1. Re:Why? by NotInHere · · Score: 3, Funny

      In 100 years, there will be singularity. In 2084, when the singularity takes over the world, your area was scheduled for destruction by nuclear missile, because uploading its control virus onto your brain implant chips (mandatory by international treaties since the 2076 terror attack on google city (new name of mountain view since 2060), pushed by US president Bush junior junior) would have required too long.

    2. Re:Why? by mspohr · · Score: 3, Interesting

      I see that you still have the illusion that the politicians are not totally bought and paid for by business interests.
      I believe that George Carlin said it best:
      "Because the owners, the owners of this country don't want that. I'm talking about the real owners now, the BIG owners! The Wealthy the REAL owners! The big wealthy business interests that control things and make all the important decisions.

      Forget the politicians. They are irrelevant. The politicians are put there to give you the idea that you have freedom of choice. You don't. You have no choice! You have OWNERS! They OWN YOU. They own everything. They own all the important land. They own and control the corporations. They’ve long since bought, and paid for the Senate, the Congress, the state houses, the city halls, they got the judges in their back pockets and they own all the big media companies, so they control just about all of the news and information you get to hear. They got you by the balls.

      They spend billions of dollars every year lobbying, lobbying, to get what they want. Well, we know what they want. They want more for themselves and less for everybody else, but I'll tell you what they don’t want:

      They don’t want a population of citizens capable of critical thinking. They don’t want well informed, well educated people capable of critical thinking. They’re not interested in that. That doesn’t help them. Thats against their interests.

      Thats right. They don’t want people who are smart enough to sit around a kitchen table and think about how badly they’re getting fucked by a system that threw them overboard 30 fucking years ago. They don’t want that!

      You know what they want? They want obedient workers. Obedient workers, people who are just smart enough to run the machines and do the paperwork. And just dumb enough to passively accept all these increasingly shitty jobs with the lower pay, the longer hours, the reduced benefits, the end of overtime and vanishing pension that disappears the minute you go to collect it, and now they’re coming for your Social Security money. They want your retirement money. They want it back so they can give it to their criminal friends on Wall Street, and you know something? They’ll get it. They’ll get it all from you sooner or later cause they own this fucking place! It's a big club, and you ain’t in it! You, and I, are not in the big club.

      By the way, it's the same big club they use to beat you over the head with all day long when they tell you what to believe. All day long beating you over the head with their media telling you what to believe, what to think and what to buy. The table has tilted folks. The game is rigged and nobody seems to notice. Nobody seems to care! Good honest hard-working people; white collar, blue collar it doesn’t matter what color shirt you have on. Good honest hard-working people continue, these are people of modest means, continue to elect these rich cock suckers who don’t give a fuck about you.they don’t give a fuck about you they don’t give a FUCK about you.

      They don’t care about you at all at all AT ALL. And nobody seems to notice. Nobody seems to care. Thats what the owners count on. The fact that Americans will probably remain willfully ignorant of the big red, white and blue dick thats being jammed up their assholes everyday, because the owners of this country know the truth.

      It's called the American Dream,because you have to be asleep to believe it."

      --
      I don't read your sig. Why are you reading mine?
  2. I wonder why... by MetricT · · Score: 5, Informative

    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.

    1. Re:I wonder why... by squiggleslash · · Score: 5, Informative

      You write as if there's some great principle involved that anyone's claiming to upkeep (and being taken seriously when they do) that involves the best place to exert power.

      Truth is that all these positions are based upon where someone believes they can politically win power. If the country as a whole, and hence the Feds lean X, then expect supporters of the opposing position Y to support slightly more local locations of power.

      Pro-Slavers were very, very, happy to be opposed to "States rights" back when they were proposing (and passing) Fugitive Slaves laws that imposed huge immoral burdens on the Free States. As soon as it looked like the anti-slaves might win power at a Federal level, suddenly they back-pedalled.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:I wonder why... by Moridineas · · Score: 3, Informative

      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/
      Davidson, NC and Mooresville, NC http://www.lakenormancitizen.com/news/news/item/6426-reinventing-mi-connection-an-inside-look.html
      Utah UTOPIA alliance http://www.wsj.com/articles/municipal-broadband-is-no-utopia-1403220660

  3. States Rights by Cowclops · · Score: 5, Insightful

    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.

    1. Re:States Rights by Jason+Levine · · Score: 4, Interesting

      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.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  4. Re:Obsessed with keeping government out of busines by alvinrod · · Score: 4, Insightful

    I really don't understand it either. If the government entity receives no unfair treatment and has to play by the same rules as every other company, there's no reason why a local municipality shouldn't be able to collectively decide that they want to take a crack at creating something better.

    It seems that some people are more anti-government than they are pro-market or have become so accustomed to making the same argument that they're not even bothering to look at the issue at hand.

    At least it makes sense for the politicians to oppose it. They probably get all kinds of brib^H^H^H^Hcontributions from the companies that are paying for these monopoly rights.

  5. EPB to the rescue? by topher_k · · Score: 3, Interesting

    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.)

    --
    They'll get my encryption algorithm when they pry it from my cold, dead hard drive.
  6. Re:Most places still face monopolies or duopolies by topher_k · · Score: 3, Informative

    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.

    --
    They'll get my encryption algorithm when they pry it from my cold, dead hard drive.
  7. Re:Why Would Anyone Want Gov't Broadband? by Okian+Warrior · · Score: 3, Funny

    It would end up being like Amtrak.

    So you're saying Amtrak is worse than Comcast. Yes?

  8. Too Bad For North Carolinians! by Greyfox · · Score: 5, Informative

    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 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.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  9. In other words... by cnaumann · · Score: 5, Funny

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

    1. Re:In other words... by Trailer+Trash · · Score: 3, Informative

      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.

  10. It's about money. by duckintheface · · Score: 5, Interesting

    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.

    --
    "He took a duck in the face at 250 knots." -- William Gibson, Pattern Recognition
    1. Re:It's about money. by bobstreo · · Score: 4, Insightful

      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"

    2. Re:It's about money. by Bill_the_Engineer · · Score: 4, Insightful

      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.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  11. Stop shooting yourself in the foot by zamboni1138 · · Score: 4, Interesting

    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.

  12. Re:Obsessed with keeping government out of busines by NotDrWho · · Score: 5, Insightful

    You people don't understand because you seem to be working under the assumption that politicians are out to serve the public, and that this is somehow an ideological issue. If you look at it instead as "scumbag politicians, acting purely in their own self-interest, soliciting big campaign donations from cablecos/telcos" it makes a lot more sense, doesn't it?

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
  13. Re:Another good reason to not live in North Caroli by NotDrWho · · Score: 3, Interesting

    Move to Chattanooga. It's one of the few cities in the southeast that built up a hugely successful municipal broadband fiber-optic system before the telcos bribed the state legislators into killing them off everywhere else. It's like an island paradise in the sea of shit (which the scumbag legislators of TN have been trying to sink for years).

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
  14. Re:Obsessed with keeping government out of busines by JaredOfEuropa · · Score: 4, Interesting

    I think that government should not try and compete in a functioning market, but they definitely should have the right (and the inclination) to step in when the market fails. Set a reasonable minimum service, e.g. allow muni broadband if there are less than 3 market players having offered a plan with x Mb/s with an allowance of y GB/month for at most €z/month in the last 12 months or whatever. The incumbent telcos then have a choice to join the 21st century, or compete against the municipality.

    Also, if local government is using public funds to run fiber, allow other telcos the use of that fiber at cost. Same as many countries forced the incumbent, formerly state owned telcos to open up part of their infra to newcomers on the market.

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  15. Thank God by Ol+Olsoc · · Score: 4, Funny
    The State of North Carolina has the guts to stand up for freedom!

    Dialup forever! - Long distance charges may apply.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  16. Re:Obsessed with keeping government out of busines by amicusNYCL · · Score: 4, Funny

    there's no reason why a local municipality shouldn't be able to collectively decide that they want to take a crack at creating something better.

    No, you see, "local municipality" is just a codeword for "big government", so the problem is that you don't want big government doing things like running utilities, because fascism, and when you have big government (i.e. a council of a town with a population of 1,000 people) competing against the free market and small business (i.e., Comcast), then that's unfair because monopoly. Not Comcast's monopoly, the monopoly that big government would have (because it's the government, duh). Also, small businesses like Comcast could not compete with big government like the council of a town with a population of 1,000 people.

    Hope that clears it up for you.

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  17. Re:Obsessed with keeping government out of busines by NotDrWho · · Score: 3, Insightful

    If you want to believe that politicians aren't just a bunch of amoral, self-serving scumbags, you go right on ahead.

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
  18. Re:Obsessed with keeping government out of busines by bouldin · · Score: 3, Insightful

    Very simply, if the town has expertise to run an ISP, why wouldn't not those people form a private company to do it?

    Ignoring your double negative, it's because the town doesn't want to pay obscene 90+% profit margins that leave the town and don't help its economy. They want to pay the upfront costs using a bond, then run the broadband service at cost.

    Private companies know they can't compete with a service run at cost, and that's why they lobby to ban them outright.

    because, infamously, you can not fight city hall

    The people of the town can elect or depose the leaders of city hall.

    And if they don't, their establishing a governmental ISP anyway will preclude anybody with a clue from ever setting up shop...

    What do you mean?