State laws and lobbying

[David Farber <dave () farber net>]

Begin forwarded message:

From: Dewayne Hendricks <dewayne () dandin com>
Date: December 1, 2004 4:22:33 AM EST
To: Dewayne-Net Technology List <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] State laws and lobbying
Reply-To: dewayne () warpspeed com

State laws and lobbying
<http://www.muniwireless.com/archives/000513.html>

As more communities adopt Wi-Fi, mesh, and pre-WiMAX technology to 
provide universal, affordable broadband service to citizens and 
businesses, incumbent providers increase their state-by-state lobbying 
efforts to place more restrictions on community involvement. Today, at 
least fourteen states have passed legislation restricting or 
prohibiting municipalities from owning, operating, funding, or 
profiting from broadband services. Many state-level political leaders 
question a municipality's ability to run a telecommunications utility 
or they oppose the government offering services that could be provided 
by the private sector. Those arguments ignore the needs of many 
communities and the trends in wireless broadband technology.

Visitors to this site read about one successful community deployment 
after another. In fact, many of these deployment allow municipalities 
to recoup their investment after only a short time – while 
strengthening local economies and contributing to social development. 
In truth, most communities deploy these networks when incumbent 
providers have failed to offer universal service at affordable prices 
or when there are compelling Digital City applications that make a 
community safer and stronger.

 Communities committed to providing wireless broadband service need to 
consider the influence and power incumbent providers have at a state 
level, and develop a proactive strategy to gain support for their 
initiatives.

 After community leaders have decided to pursue a wireless broadband 
initiative and clarified the project's objectives, the community's 
state legislative delegation should be contacted. Ideally, once they 
see the value the technology and network can bring to their district, 
state legislators will be eager to participate on the public project 
team or committee. A legislator's involvement insures that he or she 
will inform local community leaders about potential legislation that 
could threaten the project, protect the initiative from incumbent 
lobbying efforts, and add great credibility to the project at the local 
and state level.

Supportive legislators can also educate the Governor and his or her 
staff on the community initiative, wireless technology, and Digital 
City applications. It is critical that governors understand and support 
community wireless projects for a number of reasons. Most governors 
have the authority to veto legislation passed by both state houses. 
Even a veto threat can be enough to limit support for a bill. 
Therefore, a governor's support for a project can be critical once an 
incumbent provider begins lobbying against a community initiative or 
calling for a ban on municipal-funded broadband networks.

 Support from the governor's office can also lead to a statewide 
strategy for universal broadband access. In at least two states, 
successful community deployments led to the creation of statewide 
broadband agencies that assist communities with planning and funding a 
wireless broadband network. In states where technology agencies already 
exist, support from state legislators and the Governor's office can 
attract their participation and assistance throughout the project.

 This lobbying work must be done early in a community wireless 
broadband project, before it receives any press attention. State 
leaders like to know about a project before it is in the newspaper. In 
fact, if they support the initiative, they will probably want to be 
included in the public announcement. Once a project receives publicity, 
incumbent providers begin their lobbying process, making it critical to 
have state support lined up. As the initiative progresses, make sure 
your local legislative leaders are consistently thanked for their 
support and recognized at the state level for their leadership. The 
partnership a community builds with a legislator or a delegation must 
be a two way street – it must provide value for the political leader as 
well as the project.

Some people more familiar with technology might question why all of 
this effort is necessary to protect a city project with support from 
the state level. According to the Center for Public Integrity, private 
companies spent over $889 million lobbying state legislators throughout 
the United States in 2003. Telecommunications companies represent a 
large piece of that pie and usually have dozens of lobbyists on staff 
to represent their interests. The money and time they spend in state 
capitols leads to great influence that requires a cogent strategy by 
city leaders deploying wireless broadband networks. Otherwise, 
communities in great need of universally available and affordable 
broadband will continue to be at the mercy of companies whose 
overriding interest is not public service or bridging the Digital 
Divide, but their own bottom line.

Even where state laws are already in place to restrict or prohibit 
municipal involvement, new and innovative business models can be 
considered to allow projects to continue. For example, the use of a 
nonprofit entity, with a social charter, may address incumbents’ 
concerns and still allow the goals of municipalities to be met. Other 
approaches for wholesale access and private consortiums may also be 
used, depending on the specific state statutes.

Lastly, many concerns raised by incumbent providers fail to recognize 
that wireless technologies often provide a different value proposition, 
and therefore do not compete directly with Cable and DSL services. For 
example, wireless technology allows for nomadic and portable access by 
subscribers, something that wired solutions inherently cannot support. 
The Digital Cities of the future will require more than fixed broadband 
Cable and DSL.

*****

Matt Stone is a co-founder and the Government Strategist for Civitium 
LLC, a consulting firm that helps city and state leaders deploy 
wireless broadband networks and enable Digital City applications. He 
has worked with government leaders at every level as a Warner Robins, 
Georgia City Council member, former speechwriter and advisor to now 
Georgia Governor Sonny Perdue, and Wireless Coordinator with the 
Georgia Department of Education. Matt recently authored "Wireless 
Broadband: The Foundation for Digital Cities," a cookbook for local 
leaders interested in deploying a community wireless broadband network. 
The cookbook can be downloaded for free at 
http://www.muniwireless.com/reports/cookbook1form.html

For more information on state regulations on cities interested in 
broadband utility networks, visit http://www.civitium.com/states.htm
Posted by Muniwireless November 28, 2004

Archives at: <http://Wireless.Com/Dewayne-Net>
Weblog at: <http://weblog.warpspeed.com>

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