Misguided resistance to municipal broadband

Here's the bill currently being considered:

Level Playing Field/Local Gov't Competition. AN ACT to protect jobs and investment by regulating local government competition with private business.

This bill is flawed in several ways, but first let's look at that "regulating local government" thing. For a GOP-led Legislature that rarely misses an opportunity to bash the Federal government for pushing states around, they are flexing their muscles over municipalities like there's no tomorrow. But like several other issues being debated, that irony is lost on them.

While state government is trying to patch holes in its budget by pushing more and more funding responsibilities down to local governments, they're also placing undue limitations on them at the same time (see Land Transfer Tax repeal). It's both an abdication of responsibility and an overreach of authority, and the "Don't Tread On Me" flags should be flapping vigorously. But they're not, because that's a corporate drama production.

On to the core of this resistance:

Whereas, as expressed in G.S. 66‑58, known as the Umstead Act, it is against the public policy of this State for any unit, department, or agency of the State, or any division or subdivision of a unit, department, or agency of the State to engage directly or indirectly in the sale of goods, wares, or merchandise in competition with citizens of the State

What it doesn't mention in this bill is that the very first in a long list of exemptions codified in this Law is:

The provisions of subsection (a) of this section shall not apply to:

(1) Counties and municipalities.

This law was never meant to be broadly applied, which is why there are so many exclusions. And protecting the authority of local governments was a prominent concern, as well.

Moving on to the issue of "goods, wares and merchandise": It's long past time we define communications as a critical aspect of our infrastructure and not a "product" that is bought and sold. It's the 21st Century for God's sake, and communication flow is just as important to towns and cities as blood is to the human body. Without that communication blood flow, many areas of our state will continue to suffer economic anemia.

This bill gives a slight nod to underserved areas:

A city seeking to provide communications service in an unserved area shall petition the North Carolina Utilities Commission for a determination that an area is unserved. The petition shall identify with specificity the geographic area for which the designation is sought. Any private communications service provider, or any other interested party, may, within a time established by order of the Commission, which time shall be no fewer than 30 days, file with the Commission an objection to the designation on the grounds that one or more areas designated in the petition is not an unserved area or that the city is not otherwise eligible to provide the service.

But this little act has been played out countless times across the country. Telecoms have already drawn up fancy plans and plats showing their intent to connect this or that area, and officials take a glance and say, "Okay." But the years pile up, and those connection plans remain just that: Plans.

The General Assembly needs to back off on this, and let local governments do what they feel they need to do.


Chapel Hill to secede from the Old North State

Back when I was on the town council here, we often joked about doing just that. Jesse Helms didn't want to be associated with us ... and the feeling was entirely mutual.

It's getting close to street-fighting time. General strike anyone?

This means War!!!!!!

Don't forget next Thursday nite, the 2 nd Communist Milita of Chapel Hill meets next week at the " Peace and Dove" Tanning Saloon and Hairdresser School for the Blind. The topics that will be discuss. 1. Probing the Tea Party defences as crossdressing Hippies from San Francisco and the top topic will be " How do you get a refund from Art Pope Enterprises without suing the store manager".

There will be serious armed training after the meeting such as How to toss Stale and used creampuffs from Krogers at visiting Republicans from Raleigh at the Chapel Hill Campus

Don't forget that a door prize will be given to the best or unusual crossdressing Republican who attends the meeting as a undercover agent for Art Pope.

Broadband Op-Ed

Look for my op-ed in the N&O this upcoming Tuesday.

Thanks for the heads-up, Mark

I'll keep my eye out for it.

House Bill 129 (Level Playing Field/Local Gov't Competition)

North Carolina House Finance Committee members considering this bill: http://www.ncleg.net/gascripts/committees/Committees.asp?sAction=ViewCommittee&sActionDetails=House+...

My email to all the members:

March 17, 2011

Fellow North Carolinians,

Re: H.129 (http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H129v1.pdf)

We don’t need to play catch up – we need to lead!

Crony capitalism and unregulated market practices have brought America to the edge of the financial cliff – we can do better.

Please do what is right for the people of North Carolina and and America’s future - vote NO on H.129.


1. Please vote NO on H.129, an unnecessary bill that does nothing to improve broadband in North Carolina.

2. H.129 is sponsored by the state’s biggest cable and phone companies to protect their anti-competitive markets and guarantee high rates for slow service indefinitely.

3. The fastest broadband at the fairest prices in the state comes from 21st century fiber optic networks that will be driven out of business if this bill becomes law.

4. Although Ms. Avila and Chairwoman Howard promised to protect and exempt existing community broadband networks from the terms of this bill, they have not yet kept their promise.

5. If the companies supporting this bill delivered broadband at the speed they are rushing H.129 through the legislature, North Carolina would not have a broadband problem.

6. If rural communities cannot solve their own broadband problems, who will? The companies that refused to provide appropriate service yesterday, today, and will continue to not do so tomorrow?

Much coolness, Mark

So cool in fact, the front page begged me to put it up there. Or over there...whatever, there it went.