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More on: Rendell caves and signs HB30 - Verizon can prevent municipal networks statewide


From: David Farber <dave () farber net>
Date: Fri, 03 Dec 2004 15:18:15 -0500



Begin forwarded message:

From: Jock Gill <jg45 () mac com>
Date: December 3, 2004 10:54:13 AM EST
To: dave () farber net
Cc: Hendricks Dewayne <dewayne () dandin com>, Gerry Faulhaber <faulhaber () law upenn edu>, Jock Gill <jg45 () mac com> Subject: Re: [IP] More on: Rendell caves and signs HB30 - Verizon can prevent municipal networks statewide

Dave,

Clearly those who do not like government operated utilities, such as Prof. Faulhaber, point only to failures of which, of course, there are examples of. Human beings are well known to be imperfect.

Those of us who see municipal services as part of the essential social contract between tax paying citizens and their government point to the many successes. Locally in Massachusetts, for example, lucky are those who live in towns with municipal power plants. They almost always pay less and get much better service than those of us forced to rely on the quasi monopolistic giants. Belmont, MA is a prime example.

The problem is that the PA law assumes broadband access must be privatized on a for profit basis. We have to reframe this argument to reflect the frame of broadband as part of the social contract. We are more than the captive customers of the incumbents. Clearly we living breathing citizens should have more rights than the legal artifices called corporate entities. Our social contract is more important to Democracy than their market place only model with its over reliance on the metrics of the 90 day number and the bottom line.

As part of this reframing, we need to restore the separation of transport from content and bits from spectrum. As David Weinberger has written, it looks pretty much as if the spectrum is like colors. No one disputes that here is an infinite amount of blue. And it appears to have been demonstrated that the spectrums ability to transport bits actually increases with use. We must not let the incumbents conflate these issues nor get away with the bogus notion that spectrum is scarce and like property.

The incumbents, of course, want to tightly bind carriage and content together as well as deny that spectrum is color. Otherwise they will have to adopt new business models.

As a relevant example, Prof. Faulhaber might want to look at a few of these stories about the success of the Columbia REA & Columbia Energy, LLC - A Wholly Owned Subsidiary of Columbia REA.

BTW, this system is reported to provide 700 kilobit connectivity at 65 mph within the cloud.

From the  Google search on [Columbia REA WiFi]

... network covering 3,700 square miles is a challenging proposition, given the immense coverage area," said Tom Husted, chief executive officer of Columbia REA. ...
 www.vivato.net/press/press08232004b.html - 25k - Cached - Similar pages

Wi-Fi Brings Broadband To Rural Washington | NetStumbler.com

... Columbia REA, a nonprofit, member-owned utility, wanted to expand local residents' broadband options and rejected wired options because of the cost of laying ... www.netstumbler.com/2004/08/24/ wi_fi_brings_broadband_to_rural_washington/ - 11k - Cached - Similar pages

Wi-Fi Planet Conference & Expo, San Jose, CA

... More recently, Husted and Columbia REA have received numerous press accolades for the development of the largest WiFi hot spot in the country through a ... www.jupiterevents.com/wifi/fall04/husted.html - 37k - Cached - Similar pages

Up to Speed: Rural America Joins Broadband Crowd

... and the Columbia Rural Electric Association (Columbia REA), based in Dayton, Wash. ... The Columbia REA needed to cover 1,500 square miles. ... www.wirelessfidelitymag.com/hotnews/49h1611238.html - 30k - Nov 30, 2004 - Cached - Similar pages

[PDF] Building a Community Communications System Using Wireless Wi-Fi

File Format: PDF/Adobe Acrobat - View as HTML
... Faced with this situation, and an ever-increasing need for high-speed communications, Columbia REA created a wholly owned subsidiary, Columbia Energy, LLC. ... www.vivato.com/cgi-bin/fileview.cgi?get&CASE_STUDIES/ Rural%20Wi-Fi%20Deployments%20White%20Paper.pdf - Similar pages

ARNnet | Wi-fi turns business on

... Based on Vivato's "smart antenna" technology, Columbia REA's access points - or base stations as Vivato calls them - have a range between two square miles to ... www.arn.idg.com.au/index.php/ id;1829470890;fp;1024;fpid;319049444 - Similar pages

wireless.itworld.com - Wi-Fi brings broadband to rural Washington

... The service is available now, with Columbia REA already up and running as a customer, Husted said. ... Hotspot WiFi Service, $21.95 a Month. ... wireless.itworld.com/4265/ 040824wifiwashington/page_1.html - 43k - Cached - Similar pages

HeraldNet: Rural Walla Walla area gets Wi-Fi

... This, the energy service of the future, is on the verge of opening in Walla Walla now, said Columbia REA Chief Executive Officer Tom Husted. ... www.heraldnet.com/stories/ 04/11/22/bus_wallawalla001.cfm - 39k - Cached - Similar pages

[PDF] Columbia REA Wins First Annual Catalyst Award

File Format: PDF/Adobe Acrobat - View as HTML
... the work Columbia Enegy is doing to build the largest WiFi hot spot in ... wireless Broadband network synonymous with the orginal mission of Columbia REA, to build ... www.columbiarea.com/news/pressroom/ Columbia%20REA%20Wins%20Catalyst%20Award.pdf - Similar pages

Muniwireless: Terrific sessions planned at Wi-Fi Planet Conference ...

... Speakers: *Thomas Husted, Chief Executive Officer, Columbia REA & Columbia Energy, LLC - A Wholly Owned Subsidiary of Columbia REA *Willem Poterman, CEO and Co ... www.muniwireless.com/archives/000471.html - 21k - Cached - Similar pages

Regards,

Jock



Jock Gill
Meme Intelligence
http://public.xdi.org/=Jock

On Dec 2, 2004, at 2:53 PM, David Farber wrote:



Begin forwarded message:

From: Gerry Faulhaber <faulhaber () law upenn edu>
Date: December 2, 2004 11:08:42 AM EST
To: dave () farber net
Subject: Re: [IP] More on: Rendell caves and signs HB30 - Verizon can prevent municipal networks statewide

> I consider this to be a very very important topic and will continue to
> send relevant mailings on it
>
> Dave
>
> ps I am looking for someone who can defend the law

I really hesitate to "defend" a law which I don't like very much.  But there is one point that is lost in all this.  Municipalities have shown themselves
to be very eager to tax the living bejesus out of any private telecom
service to peoples' homes, imposing very high fees for digging up the
streets plus ongoing taxes on revenues for the service.  To cities,
broadband in its various forms is a honeypot, to be milked for every last tax penny (sorry for mixing metaphors).  For example, several years ago the state of Michigan passed legislation forbidding municipalities from levying "unreasonable" right of way fees and revenue taxes on such services, because they feared this would chill broadband development.  Cable and telephone
firms have struggled to avoid these ruinous taxes.

So how would having a municipal WiFi (or other) network impact this?  Think how much more vigorously a municipality would tax a private-sector service offering competitive with its own service!  In essence, you can write off
any private deployment of broadband (that is not already there) in a
muncipality with its own network; they will be taxed out of existence and we
will be left with a public monopoly.  Now this may be just great if the
municipality runs the network the way "we" think they "should."  But
honestly, how many public monopolies can you think of that are even decent,
much less optimal?  For Philadelphia residents, how would you like a
broadband monopoly run like SEPTA?  Makes you think twice, doesn't it?  If you think this network will be managed like the streets, perhaps you should take a drive on Philadelphia streets some day and tell me if you think this is a good idea.  And once it's a monopoly, how long do you think it will take for City Council to start ramping up the fees, in order to meet the
next fiscal crisis?

Prof. Gerry Faulhaber
Wharton School, Univ of Pennsylvania
currently on leave, Penn Law School
Philadelphia, PA 19104
 

Prof. Gerald R. Faulhaber

currently on leave @ Penn Law School S-135

University of Pennsylvania

Philadelphia, PA 19104
 

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