[IP] State laws and lobbying
Begin forwarded message:
From: Dewayne Hendricks <dewayne@xxxxxxxxxx>
Date: December 1, 2004 4:22:33 AM EST
To: Dewayne-Net Technology List <dewayne-net@xxxxxxxxxxxxx>
Subject: [Dewayne-Net] State laws and lobbying
Reply-To: dewayne@xxxxxxxxxxxxx
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>
-------------------------------------
You are subscribed as roessler@xxxxxxxxxxxxxxxxxx
To manage your subscription, go to
http://v2.listbox.com/member/?listname=ip
Archives at: http://www.interesting-people.org/archives/interesting-people/