[IP] more on   Rendell caves and signs HB30 - Verizon can prevent municipal networks statewide
Begin forwarded message:
From: Declan McCullagh <declan@xxxxxxxx>
Date: December 1, 2004 5:05:59 PM EST
To: dave@xxxxxxxxxx
Cc: dmaltz@xxxxxxxxxx
Subject: Re: [IP] Rendell caves and signs HB30 - Verizon can prevent 
municipal networks statewide
Dave,
There's a minor urban myth afoot about this legislation that IP readers 
might want to have dispelled.
David Maltz's note (and others that have appeared on IP) claim that in 
the absence of this last-minute deal with Verizon, the Pennsylvania law 
would have prohibited Philly from offering a free wireless network.
I don't believe this claim is true. The law applies only to 
municipalities providing Internet service in return "for compensation" 
-- that is, a fee that subscribers would pay. This is Verizon's reading 
as well, they told me today.
Check out the text of the legislation for yourself:
http://www.legis.state.pa.us/WU01/LI/BI/BT/2003/0/HB0030P4778.HTM
There may be plenty of problematic things buried in a complex law 
that's  dozens of pages long. But it is FUD to claim that Philly would 
have been prohibited from offering free wireless service. (My 
uninformed speculation is that the city was so upset because they 
wanted to charge for it and had no intention of offering it for free in 
the first place.)
-Declan
David Farber wrote:
From: "David A. Maltz" <dmaltz@xxxxxxxxxx>
Date: December 1, 2004 3:40:31 PM EST
To: 100x100-cmu-reading-group@xxxxxxxxxx
Subject: Rendell caves and signs HB30 - Verizon can prevent municipal  
networks statewide
Verizon Communications yesterday reached an agreement with the city of 
 Philadelphia that will let the city move forward with its plans for a 
 citywide wide area WiFi network. While specific details about the 
deal  have not been released, Verizon agreed to waive its rights under 
the  new legislation to bar Philadelphia from providing WiFi service 
for  free or at a low-cost.
As for the bill in question, Pennsylvania Governor Ed Rendell 
yesterday  signed it into law. This hotly contested new law will make 
it illegal  for municipalities to offer their constituents wireless or 
landline  broadband service without first getting the permission of 
broadband  service providers. Without that permission, carriers can 
block any  effort to build a municipal network in the commonwealth. 
Thanks to its  agreement with Verizon, Philadelphia will be exempt 
from this  stipulation. Most insiders claim the law will effectively 
end the  municipal WiFi effort in the rest of Pennsylvania, making it 
almost  impossible for other cities to negotiate a reasonable rate for 
offering  free or low-cost broadband wireless.
<http://www.zwire.com/site/news.cfm? 
newsid=13465974&BRD=2212&PAG=461&dept_id=465812&rfi=6>
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