Texas pushing municipal wifi ban

[David Farber <dave () farber net>]

------ Forwarded Message
From: Michael Geist <mgeist () pobox com>
Date: Thu, 03 Mar 2005 09:09:06 -0500
To: <dave () farber net>
Subject: Texas pushing municipal wifi ban

Dave,

Of possible interest -- A Texas legislator has filed a massive
telecommunications bill in Austin this session that, in part, bans Texas
cities from participating in wireless information networks. SBC
Communications said cities should be allowed to offer wireless Internet
access in public places, such as parks and libraries. But a company
spokesman said they should not directly compete with private enterprises by
providing services to residents and businesses. Coverage at
<http://www.chron.com/cs/CDA/ssistory.mpl/tech/news/3065992>.

I covered this issue from a Canadian perspective earlier this week.  In
1906, Adam Beck, a provincial cabinet minister from London, Ontario,
introduced a bill that created the Hydro-Electric Power Commission of
Ontario. Adopting "Power for the People" as his slogan, Beck vigorously
fought corporate interests who wanted to keep electricity in private hands.
He pushed for a public utility that could provide all Ontario cities and
towns with affordable electric power generated from Niagara Falls. His
vision led to the world's largest public utility and dramatically changed
the lives of rural Ontarians by bringing electricity to thousands of farms
and villages.

As the column argues (posted below), a century later, Beck's fight is being
replayed anew. I argue that municipalities are well suited to take on this
issue, since ensuring that an entire community enjoys affordable access is a
necessity, not a luxury. Moreover, the column notes that in Canada, a
national broadband initiative has stalled, leaving local governments to
follow examples such as Fredericton, New Brunswick which blankets its
downtown core with free wireless access.

The column is online at http://geistmuniwifi.notlong.com.

MG

Let towns, cities provide cheap, everywhere broadband
Michael Geist
Toronto Star

In 1906, Adam Beck, a provincial cabinet minister from London, Ontario,
introduced a bill that created the Hydro-Electric Power Commission of
Ontario. Adopting "Power for the People" as his slogan, Beck vigorously
fought corporate interests who wanted to keep electricity in private hands.

 He pushed for a public utility that could provide all Ontario cities and
towns with affordable electric power generated from Niagara Falls. His
vision led to the world's largest public utility and dramatically changed
the lives of rural Ontarians by bringing electricity to thousands of farms
and villages.

A century later, Beck's fight is being replayed anew. Instead of
electricity, the battle today is over high-speed wireless Internet access,
as municipalities throughout North America who hope to provide "connectivity
for their constituents" face tough opposition from private sector
telecommunications companies.

The issue has attracted increasing attention in recent weeks, particularly
following a highly publicized initiative by the city of Philadelphia.

 Last year, it unveiled a plan to provide wireless Internet access
throughout the city, citing the fact that a large segment of poorer areas of
town were still without high-speed Internet access (popularly known as
broadband).

 The city's wireless solution was seen as a quick way to facilitate
affordable broadband access and bring connectivity to public areas such as
parks and municipal buildings.

Verizon, a leading telecommunications provider, opposed the city's plans,
arguing that the provision of Internet access should be left to the private
sector. Verizon took its case to the state government, which nearly passed a
law to block the municipal wireless initiative.

 Following a public outcry, a compromise was reached that will allow the
city to proceed but also established restrictions should other
municipalities follow suit.

While the Philadelphia incident has received the lion's share of attention,
similar battles are being fought across the United States. In fact, 14
states already have legislation restricting the ability of municipalities to
offer telecommunications services such as broadband access. Moreover, an
additional eight states are currently considering anti-municipal broadband
legislation.

The spread of anti-municipal broadband legislation appears to be due
primarily to aggressive lobbying campaigns by telecommunications providers.
The providers argue that municipalities are ill-equipped to offer broadband
services, ignoring the fact that many municipalities already provide a host
of sophisticated services such as electricity, education, public
transportation, libraries, and waste disposal.

 Many of these services are viewed as public goods that are best provided to
the community by the community. In an age where Internet connectivity is
increasingly a prerequisite for banking, health care information, government
services, and personal communications, ensuring that an entire community
enjoys affordable access is a necessity, not a luxury.

The situation in Canada differs slightly from that in the United States. Due
largely to the widespread availability of cable, the populations of most
major Canadian cities enjoy access to broadband. In fact, according to a
2003 Statistics Canada study, 86 per cent of Canadians have access to
broadband services (though a smaller number are actual subscribers).

 While those figures are impressive, they tell only part of the story.
Statistics Canada also reported that just 28 per cent of Canadian
communities have access to broadband, suggesting that there is a significant
digital divide between urban and rural communities in Canada.

 The federal government sought to bridge this divide in 2001 when it
launched its much-publicized broadband task force, which was asked to
develop a strategy to ensure broadband availability to every Canadian
community by 2004. It concluded that underserved communities need a link to
the national network together with plans to connect public institutions,
local businesses, and residents. The task force acknowledged that market
forces alone were unlikely to solve the issue.

Sadly, Ottawa responded to the task force report by only launching several
pilot projects, including Broadband for Rural and Northern Development,
which brought broadband connectivity to 1,300 communities, as well as the
National Satellite Initiative, which sought to develop satellite linkages to
far north communities.

Notwithstanding these efforts, it is increasingly clear that realizing the
dream of nationwide connectivity, harboured at the federal level by Industry
Ministry led by David Emerson, will fall to local government.

 Last week's budget from Finance Minister Ralph Goodale demonstrated that
the issue no longer commands priority on the federal agenda, with no mention
of broadband and scant references to the Internet and e-government services.

 The private sector, meanwhile, will naturally continue to focus on economic
return, prioritizing high-priced wireless access in coffee shops ahead of
connecting smaller communities or public spaces in larger cities.

Several Canadian municipalities have already come to recognize the need for
broadband leadership. The city of Calgary has installed wireless access in
several downtown locations, while Kamloops, B.C. has focused on wireless
access in public buildings.

The undisputed Canadian municipal leader is Fredericton, N.B., which
identified the need to develop community wireless connectivity in 1999. That
led to the Fred eZone, which today virtually blankets the entire downtown
core with free wireless connectivity. The city has plans to expand coverage
to the full business core along with all public spaces.

In the months ahead, look for many Canadian communities to follow
Fredericton's lead. For smaller cities and towns, municipally-supported
broadband may be the only realistic means of bringing connectivity to the
community.

 In larger cities such as Toronto and Ottawa, civic leaders will hopefully
come to recognize the benefits of both providing affordable access to all
its citizens and bringing connectivity to their many parks and public
spaces.
These initiatives, which could play a pivotal role in providing e-government
services, distance education, and tele-health, will not come without a
fight. As Adam Beck learned 100 years ago, providing affordable, publicly
supported services to the broader community often generates an electrifying
shock to the system.
-- 
**********************************************************************
Professor Michael A. Geist
Canada Research Chair in Internet and E-commerce Law
University of Ottawa Law School, Common Law Section
57 Louis Pasteur St., Ottawa, Ontario, K1N 6N5
Tel: 613-562-5800, x3319     Fax: 613-562-5124
mgeist () pobox com              http://www.michaelgeist.ca


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