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HomeMy WebLinkAbout04.05.06 Work Session Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA CITY COUNCIL WORKSHOP APRIL 5, 2006 5:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER , 2. APPROVE AGENDA 3. INTRODUCTION 4. WHAT IS BROADBAND TECHNOLOGY - FIBER-TO-THE-PREMISE, WIRELESS (WiMAX and WiFi) 6. PUBLIC OWNERSHIP 7. OTHER FTTx CITIES 8. ADJOURN PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. 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"'C r+ -<;i '< Co -< .. ., , lli~l~rKif MUNI DEBATE: SMALL CITIES i ~CjII'I, Small Cities Can Do This: How Windom, MN Built a Fiber-to-the-Home Network John Gumpel . Director of Product Management, Primal Solutions Bringing fiber to the home is a major financial and technical undertaking. While many com- munities recognize the economic and social benefits these projects can bring, they also view the obstacles and challenges as daunting barriers. This article examines the journey to broadband taken by one small community, Windom, Minnesota. Windom's success proves that it is possible to rollout a next-generation broadband net- work on time and within budget. When smaller communities compare their resources and budgets with these larger efforts, they often experience "sticker shock" and delay making decisions and taking ac- tion. However, smaller communities can and have successfully built and deployed FTTH networks with limited budgets and resources. 111e City of Windom has shown that through effective planning, research and education, and by working closely with carefully selected vendors, smaller com- munities can successfully roll out the kinds of advanced communications services re- quired to support economic growth and enhance the lifestyles and well-being of their residents. We describe how Windom's project be- gan, whom Windom selected as vendor partners, issues faced and results achieved. Included is first-hand advice from city lead- ers on what other cities should consider be- fore starting their own broadband projects. Introducing the City of Windom Windom is a regional transportation hub in southwestern Minnesota 135 miles from St. Paul. It has a diverse economic base that includes manufacturing, agriculture, medi- cal, and adult care facilities. Its population, however, is only 5,000. For over 100 years, Windom Municipal Utilities (WMU) has provided the City of Windom with electric, water and wastewater services. For the past twenty years WMU has also operated and maintained a cable television system, Win- dom Cable Communications (WCC). Last month, Windom launched a new citywide fiber-to-the-home network. The process took less than a year from the deci- sion to start. The entire journey to broad- band, however, took far longer. In the late 90s, Windom officials began investigating options for upgrading the city-owned and operated cable television system. Initial in- vestigations suggested that new technolo- gies would enable the city to not only up- grade its cable system, but to also provide voice communications and much-needed high-speed data and Internet access ser- vices. Before Windom could formally dedi- cate resources to addressing its communi- cations challenge, however, the city was re- quired by state law to obtain a two-thirds majority vote of approval from its citizens. Largely due to the incumbent telecommu- nications operator's announcement that it would upgrade its infrastructure and roll out digital subscriber line (DSL) services in Windom's area, the initial vote in 1999 on a new city-owned network failed. But after the incumbent cancelled its plans for DSL, a citizens group petitioned Windom's city council to put the telecom- munications project back on the ballot. In spring 2000 Windom received approval by the voters to begin work on a next-gen- eration broadband communications infra- structure project. 52 I BROADBAND PROPERTIES I www.broadbandpropertles.comIMAY 2005 Getting Started by Getting Educated According to Dennis Nelson, Windom City Administrator, the first challenge the community faced was getting educated about available technologies and about the options that would work best for Windom. "My advice to other communities inves- tigating a community network," said Mr. Nelson, "is to get educated!" So, in early 2001, Windom's city coun- cil formed a telecommunications commit- tee made up of community residents. The council had two mandates: First, to under- stand and educate residents of the commu- nity about available options for upgrading the existing cable television system; and second, to investigate the feasibility of of- fering additional communications services to the community. The committee hired Vectren Commu- nications Services to do a feasibility study. In addition to evaluating the existing ca- ble infrastructure, Vectren evaluated the strength of the community's willingness to pay for new voice, data and video services. Findings of the study, which were based on focus groups and surveys as well as eco- nomic and financial analysis, suggested the following: · Residents and business owners believed that their current telecommunications ser- vices were not adequate. . The community supported the city's deci- sion to improve the local network. · Residents and business owners expressed trust and confidence in city management and the telecommunications committee. . Financial and economic analysis support- ed the objectives of the project. Based on the favorable results of the study, the telecommunications committee Key Vendors, Windom FTTH Rollout commissioned a second study to evaluate deployment options. Twelve scenarios were considered, and a fiber-to-the-home solution was recommended. Once the city understood what it wanted to build, it could address the challenge of funding. Funding without Taxes Windom chose to fund its FTTH project with municipal revenue bonds. Windom's plan is to repay these bonds from revenues generated by the new services it will pro- vide, rather than from tax revenues. "Our timing was perfect," said Mr. Nel- son. "When our bonds were issued, interest rates were at near-historical lows." Windom received $9.4 million from its bond issue, of which $800,000 was used to pay the first two years of interest, leaving $8.6 million available to fund the project. Based on financials and projections that were audited and verified by an outside third party, the City of Windom expects to be profitable within seven years. Critical Process of Partner Selection After feasibility, the next step was net- work design. For this task, Windom select- ed Finely Engineering of St. Paul. Finely's design was completed and approved by the communications committee in the sum- mer of 2003. With the network design complete, Windom's telecommunications commit- tee began selection of other partners who would be needed to build and run the net- work. "Choosing the right mix of vendor part- ners is a crucial step in the process," said Mr. Nelson. In addition to a standard RFP process, the committee relied heavily on vendor interviews, evaluation of vendor Expected Service Take Rates backgrounds and customer references to en- sure that the city would select capable and trusted partners. The table lists the vendors Windom selected. To efficiently and effectively service 2,000 homes and 300 businesses with elec- tricity, water, wastewater, cable television, Internet and telephone, the city's support systems needed to be upgraded. Windom chose Technology Solutions & Consultants (TSC), a local professional services organization, to help identify and select critical operations support infra- structure, including a customer care and billing (CCB) solution. "Finding a single CCB solution that could manage the city's traditional utility services along with its new telecommuni- cations services was a challenge," said Jody Crowell of TCS. The city chose Connect CCB from my firm, Primal Solutions. Staffing, Launch and Take Rates To run its new operations, Windom add- ed four positions to its telecommunications staff, bringing the total to six - a modest size considering the value of the new services rhe city can now offer, including next genera- tion triple-play combinations of voice, digital cable and high speed Internet. Windom be- gan building its new network last June. By last month buildout was complete with no delays and no cost overruns. Launch was a few weeks ago. Windom's fiber network, which runs en- tirely through underground conduit, passes 2,000 homes and 300 businesses. Of the 2,300 structures passed, only five declined hookup to the new network. Based on feasibility studies, connection rates and additional market research, Win- dom city officials expect to see service take rates outlined in the accompanying table. . About the Author John Gumpel oversees product development for Primal Solutions of Irvine, CA, whose of firings include billing solutions for munici- palities, utilities, and other entities launch- ing FTTH networks and services. He can be reached at John. Gumpel@Primal.com. MAY 2005 I www.broadbandproperties.comIBROADBAND PROPERTIES I 53 . >D ~ 0 0 N . ,..-t '" >- ~ '" < ::J . ,..-t Z ~ ~ >-' < tn 0 z 0 0 ::E '" z ~ ::J "" '" , f-< ~ '" < f-< ..~ V> III III III ! 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'a'" ~ -B t ... 2 = l:b G1 :; l3 5 !!p ~~:a5'~~]. e.rf~. ~.6io6.~.aoO~5.!!!.S9~~J!.....&.e=-~1.l~~.S -B '0 ~ ~e ~ c' ClI..;:I.Q>. . ....1 II) u !!p Q, El = .r; -B..o a v ~ II) (ij II) 0 li'c ts 0 -B II) =.s ~ ~ ] ];g ~.!!3.~ ~ ] & ..: ~ ] .19 ~ ].; ~.i ~.s il ~ ~ ~ ~ :: .s:: ~ ! u", S' ~lI)t~~j.s=~""'~~Cll~~~.il~~"'1~~Q,i88~~ts~ug~i~8 := II) 0..... >oJ ", ~ ...... fIl .::: .;;;l II) ", ", ... . ... II) c; " ~ .: ~ &.e-..... -a. 'o"i ~ IS = i.~ ~ ~ ]. 8 tJ.!!3 ;Q II) ~ II) i! ~ 8'" fd eo E r:z:l ~ Q, m '0 .e-.c sa e J,'J ~ ~ t.u 8 ~ ~ to-8.'!:: .Ii! ~ = -B t ~ t ..c~ .c:d~ ~ ;, ~ ~ J:l o ~ :> ~ u ~ .~ Utah Telecommunications Open Infrastructure Agency www.utopianet.org Advanced Telecommunications: A Business Problem The "long haul" infrastructure to support advanced telecommunications needs is largely already in place. What remains is the problem of making that capacity available to the end user by providing the "last mile" (also known as the "first mile") connection. The last mile problem has never been a technical issue. Multiple technologies have existed for years that support the ubiquitous delivery of true broadband. The problem is a business (expenses vs. revenues) problem. Expenses are an issue only to the degree that there are revenues to offset them at some acceptable level. Return on investment (ROI), then, has been the limiting factor in the deployment of broadband. Incumbent providers operating in a near or totally monopolistic business environment determine, exclusively on the ROI they realize, which communities get service and which don't. Because any last-mile solution will admittedly be expensive, it would make sense to leverage the costs of the required infrastructure across as many revenue streams as possible: the greater the traffic across the "electronic toll roads" of the system, the quicker and the greater the returns. However, current monopolistic business models do not favor competitive revenue streams over their existing privately-owned infrastructure. The current system is anti-competitive. Thus, not only is ROI consistently insufficient to justify expansion and upgrades for expensive infrastructure, but the lack of competition in the market results in stagnated innovation, poor customer service, and less-than-competitive prices for services. As long as a single service provider owns the only available infrastructure capable of delivering services to the end-user, there will never be fair competition on that system. A financially feasible last mile solution delivering ubiquitous broadband is possible only in a competitive environment where the system is open to multiple competing service providers. The Solution: Open Service Provider Network™ (OSPNTM) The current telecommunications business model is problematic: it operates in a closed fashion. A single company owns the communications infrastructure (telephone wires) coming into our houses; the same company also sells services across those wires and, to the degree possible, closes access to that infrastructure to competitors. UTOPIA's goal to make advanced telecommunications available ubiquitously in member cities can only be realized in an open system. For this reason, UTOPIA has chosen DynamicCity's Open Service Provider Network™ (OSPNTM) as the foundation for it's network. Think of telecom infrastructure in terms of roads. Roads facilitate the transportation of goods and services. UPS sends its trucks down the same roads used by Federal Express, Emery, and other package delivery services. If one of these companies owned the roads, it could conceivably preclude competitors from using them or, if required to allow them on, it could charge them tariffs that would force these competitors to set higher service pricing. Fortunately, cities build and maintain roads. This ensures fair and equal access to all would-be service providers. Trucks traveling down these roads pay a gas tax and thus the city generates revenues that are used to maintain existing roads and to build new ones. Additionally, consumers benefit from the inherent advantages of competition in the package delivery marketplace. The OSPNTM operates on the same model for telecommunications. Based on a publicly-owned infrastructure that is open to all capable service providers, it advocates a wholesale approach: cities don't own and operate a package delivery service, so to speak. They build the "roads" and simply collect access fees from private providers. In the wholesale model, private industry is the customer for the cities (the network owner). The end-user is the customer of private industry (the service provider). This model leverages the cost of the "electronic roads" (the fiber infrastructure) across multiple revenue streams, making the system feasible through the creation of an ideal public/private partnership. UTOPIA's Business Model Many municipalities across the nation are engaged in some type of telecommunications project. That which makes UTOPIA's project unique from any other in the country isn't the selected technology; it's the business model-open access to multiple providers on a wholesale network-which is made possible through the cooperation of multiple communities functioning as a single entity and controlled by their Interlocal Agreement. This commitment, premised on a "one for all and all for one" commitment, translates into the following operational keystones: · overall cost per subscriber is reduced by sharing among all cities the costs for facilities like the Network Operations Center (NOC), the BSS/OSS, the video head-end, inter-city connections, and so on; · the revenues per subscriber for smaller/less profitable communities is augmented and balanced by sharing the profits from more financially robust neighborhoods and cities (profit is not the motive for deploying this system; ubiquitous service is). This cooperation means the total market size can be expanded by including communities that otherwise would not be feasible. Were it not for the aggregate market size, the open-access wholesale business model would have little practical application since the market would be incapable of sustaining multiple service providers. The wholesale approach minimizes the administrative and operational overhead for UTOPIA; those issues are addressed by the various service providers using the UTOPIA network. As a wholesale operator, UTOPIA sets fixed access fees and grants access to all qualified service providers wishing to access the network. The open-access model allows UTOPIA to leverage the capital and operation costs of the system across multiple system users. This is a significant advantage over the monopolistic model employed by incumbent providers: monopolies must generate, by themselves, sufficient revenues to pay for the infrastructure costs. With the open access model, multiple revenue streams from multiple service providers generate the income necessary for UTOPIA, as the system owner, to payoff the infrastructure costs. Finally, competition among multiple service providers on the open-access system keeps service rates competitive, increasing the likelihood that take rates will increase, and improving the overall revenue stream for both service provider and system owner. The Loma Linda Connected Community - Project Description Project Significance The Loma Linda Connected Community Project (LLCCP) has systematically transformed Loma Linda's communications delivery systems from typical to extraordinary. Loma Linda's Visionary and Project Team were able to help guide the Lorna Linda City Council and city stakeholders in the development and execution of a fiber optic-based City network utility. Along the way, Lorna Linda became the first US City to promulgate new residential and commercial wiring standards into the City Building Codes. Comprised together, Loma Linda now enjoys a high rate of return on communications public/private assets deployed, and has taken a leadership position in communications design for residential and commercial network utility users. The Loma Linda Connected Community Project Cities are measured and remembered in unique ways. Some areas are measured or known by the stature of their residents, others by their principal industries. Lorna Linda has created a new way to measure cities by: technology infrastructure. Location is key for some cities, as is their reputation as a destination for business or pleasure. Lorna Linda has numerous claims to fame. The Loma Linda University Complex and associated research organizations and the Jerry Pettis V A Hospital are very powerful examples of Loma Linda's Status as a world class biotech and health care community. A truly outstanding differentiation for Loma Linda, however, is buried. It's largely unseen, but it's among one of the wonders of the technology world. Loma Linda has one of the fastest community-based networks in the United States, rivaling even advanced university campuses in speed, security, reliability, flexibility and design. Underneath city streets and right-of-ways are a highly evolved system of fiber optic-based network components. These are the arteries of communications that permits Loma Linda to offer its residents and businesses the fastest common denominator of communications infrastructure cUlTently available. The infrastructure used was built in under a year. It's a story in itself. The Connected Communities Project: Vision Realized! How does one leap-frog from a comparatively silent community into one of the leading examples of communications infrastructure in the world? The answer is simple: vision and cooperation. The Lorna Linda Connected Communities Project was driven by Loma Linda's Director of Information Systems, W. James Hettrick with the steadfast support of the City Manager, Dennis Halloway, and the blessing of the Loma Linda City Council. The vision was to be able to bring the highest common denominator of communications infrastructure to a city that had been neglected by area carriers. This infrastructure would serve many masters. The City would use the infrastructure as the communications link for public safety and municipal services. The same infrastructure would be the pathway for residential and commercial broadband services, developed to be provided on a wholesale basis to various service providers and in a private public partnership run as a utility, by the City. The highest return will likely come, however, from the attractiveness that a city-wide, well- connected data highway means to technology businesses. Tech businesses require fortified and highly available, high-speed interconnection. Data is churned 24/7, with a high regard for continuous connectivity. Would the infrastructure be able to meet this challenge? The goals of a high common denominator of service and reliability required several factors to be added to what had become the Loma Linda Connected Community Project. These included: . A method to ensure that service providers could join the network as peers. This meant allocating space and service inside a network operations center, which would eventually be built in the Loma Linda Civic Center. This became the Loma Linda Civic Center Network Operations Center (LLCCNOC) A structured method to deliver the network to all of the end nodes on the city's network, whether in newly constructed residences or commercial structures. The Lama Linda City Council approved a ground-breaking, first-of-its-kind law that requires the utilization of a set of structured wiring and fiber optic standards into the City Building Codes The capability to ensure that the entire network could be kept alive and operating during blackouts, or brownouts. This lead to the installation of battery and subsidiary power infrastructure not only at the Loma Linda Civic Center Network Operations Center facility, but also at network intermediate distribution frames (IDFs) that would be located at critical junctures around the city The City Center Network Operations Center would need to make room for and accommodate third party services providers. These could include VolP (Voice-over-IP) phone providers, IPrV companies; alarm/monitoring groups, and others that provide consumer and commercial services over the City's network. All would co-locate in a state-of-the-art network operations center. Multiple, self healing metropolitan fiber rings that tranverse city-wide cable paths would be deployed to reduce service outages to localized areas. City Codes were also altered to encompass procedures to be used by the City and builders to help share engineering, construction, and calculate shared deployment costs in new construction activities. . . . . . Meeting the Standards Lorna Linda promulgated communications industry standards into the building codes. These standards start at the very edge of a network, where consumer and commercial network users connect computers, printers, video equipment, IP PBXs, and other equipment. Just as most every home and office is covered by the National Electrical Code that requires an AC outlet every six feet along walls, the Lama Linda Building Codes require that data jacks are present in each living space. These data jacks can also be used for phone service, personal computers, and other digital equipment. In each residential, commercial development, or business park, an additional structure is added (or combined with another functional structure) to house a subsidiary network distribution center that's similar to a utility room, but for the City's network utility use. Inside these distribution centers, are smaller versions of the network operations center that exist in the Lama Linda Civic Center Network Operations Center, including battery backup for brownout/power interruption mitigation, chemical-based fire protection, and an area devoted to service provider equipment (VoIP, alarm, signaling, public safety/municipal service and entertainment services). These highly secured rooms serve as the central nervous system for neighborhood, residential community, or business park activities and servicing. The digital data paths are clear and standardized. A business/residential consumer plugs in a jack, which moves over a structured wiring system, through a building, to a subsidiary network distribution center, to the City's fiber optic cabling system, then to the City's Network Operations Center. At the LLCCNOC, the digital signals can join other connected services, including an Internet connection, as well future interfaces that cross-connect to Internet II, the National Lambda Rail, San Diego State University, and other regional/national communications services. At both intermediate and the primary switching center, network routing techniques (ISO/OSI Layer 3 Routing, VLANs, and others) are used to partition, aggregate, and otherwise highly manage network traffic. This permits virtual networks to be designed that can easily connect, at customer discretion, any office or room to any other in the city, simply and securely-and at unbelievable speeds. Each element of the communications from end to end, are covered by relevant standards. Some are architectural standards, such as those from the American National Standards Institute (ANSI), and the International Electrical and Electronics Engineers (IEEE). Others refer to cabling and cable structured wiring, such as those from the Building Industry Construction Standards Institute (BlCSI) or the Telecommunications Industry Association (TlA). Loma Linda also provides a gradient of services to residential and commercial users of the City's network utility, based on the number of buildings served and the speed availability of the service to suit the needs of utility users. Additional services can be purchased over the City's network utility, such as virtualized phone services, entertainment services, alarm monitoring, and others. The City also has an optional set of security controls and parental monitoring methods available. Economic Development The very high level of performance and flexibility of the City's network utility permits technology infrastructure construction techniques that aren't available in other communities for businesses. The network's high bandwidth, co-location capabilities, and high availability can suit a number of high-tech/online businesses. These include computer graphics facilities and image rendering farms, research-based businesses, online transaction processing businesses (OLTP), consumer-access/hosting concerns, and others that need highly flexible and lucid digital infrastructure. Unlike cities where high speed connections cost millions of dollars per mile to deploy, Lama Linda already has deployed them and has made them highly resilient through the use of advanced design techniques and backup infrastructure. This allows businesses that need to plan for rapid expansion to take advantage of an enormous network asset that the City has deployed in anticipation of growth and quality of life needs. Public/private partnerships that help Loma Linda grow take priority, and advanced GIS and city engineering services are available to prospective businesses to help them plan organizational deployment that must be annealed to the City's data network. There is no city in the United States with this level of embedded network infrastructure. EducationalJRecreational Networking Residents in Loma Linda's new residential developments have connectivity capabilities that rival the top business parks in the United States. It's possible to sustain one hundred megabits/second in a residence's family room, and indeed throughout the house. Residents also have the ability to use the City's fiber optic network for telephones, TV/video-on-demand, alarm system monitoring, and virtually every digital service used today. These services ride the city's network utility either from City services, or from third party service providers. Summary Loma Linda created a public/private partnership methodology coupled to industry standards to achieve one of the most rapid network evolutions in the country. In a very short time period (approximately nine months), Loma Linda designed, reviewed, promulgated, and deployed one of the fastest networks in the nation. The subsequent long term asset return can be measured not only in decades, but in the quality of life for its citizens, and the commercial, NGO, and public services communities. Technologies Utilized in the LLCCP: . GIS mapping techniques and documentation of all city network assets, rights of way, and logistical needs. . Active Ethernet FTTX - highly scalable, synchronous and supporting 10,3,2, or 1 Gigabit Ethernet rings . Active Ethernet FTTX Multiple Access Platform Chassis - highly scalable, synchronous and supporting 160,70, or 30, users per chassis with any combinations of Fiber, DSL2 or Fast Ethernet connections. . Multiple VLAN segmentation capabilities-reduces broadcast noise and allows for end user tailored networks · Layer 3 devices at the edge-helps setup proxy-sensitive end-device deployments . Wireless RF and Laser augmentation and fiber extensions-for redundancy and object transversal · EPSR/Ethernet protected switch rings - ring resiliency protocol . Network Management Systems that allows for automated bandwidth allocation, user additions, etc. · Fully conditioned DC and AC power at the NOC and IDF's and customer sites for highest availability and reliability, system-wide. · IP based video surveillance · IP enabled thermostats · VOIP-friendly infrastructure · IP video ready infrastructure · Hosted Email · Collocation facilities deployed with service provider's favorite needs ready · Redundant core utilizing VRRP, OSPF High common denominator speed with branch localizing capabilities Timeframe of Implementation . August 2003 - City Council conducted a discussion on smart home and internet capabilities in new development which resulted in a request for the Director of Information Systems to provide a specification for new residential and commercial developments. . December 16,2003 - Director of Information Systems submitted a resolution and received approval from the City Council for the Lama Linda Connected Community Program (LLCCP) specification. . January 2004 - Ryland Homes appeals the requirements of the LLCCP. The City Council upholds the resolution which requires them to build to the LLCCP specification. . May 2004 - Network construction started on the NOC . May 2004 - Network Design Finalized . June 2004 - FSO installed . September 2004 - Quadrant 1 Phase 1 fiber backbone installation . September 2004 - Mission Trails integration and deployment . September 15,2004 -The LLCCP provides services to the first residential customer. . October 12,2004 - The City Council's LLCCP resolution was approved to become an ordinance. . November 12,2004 - The LLCCP specification and design becomes a law in the municipal code. . March 2005 - Quadrant 1 Phase 2 fiber backbone installation . June 2005 - Quadrant 2 Phase 1 fiber backbone installation . July 2005 - Quadrant 1 First Ring Complete . July 2005 - Wireless aggregation of City water well sites . July 2005 - Monarch Cove integration and deployment . July 2005 - 2 City Parks interconnected to fiber backbones . August 2005 - Mission Lane integration and deployment . August 2005 - Centrally Managed Wireless Access installed in Civic Center, . August 2005 - Centrally Managed Wireless Access installed in Senior Center . August 2005 - Centrally Managed Wireless Access installed in Fire Station . August 2005 - Centrally Managed Wireless Access installed in Corporation Yard . September 2005 - Shady Lane integration and deployment . September 2005 - Park Lane integration and deployment . November 2005 - Heritage Park integration and deployment . November 2005 - Spanos apartment's integration and deployment . November 2005 - Wireless Mesh extended across Hulda Crooks Park . November 2005 - Wireless Mesh extended across City Corporation Yard . December 2005 - IP Cameras installed in parks on Fiber and Mesh . February 2006 - Quadrant 3 Phase 1 fiber backbone installation . March 2006 - Lama Linda University Integration . March 2006 - Loma Linda Medical Center Integration . March 2006 - Jerry Pettis V A Hospital Integration . April 2006 - Quadrant 4 Phase I fiber backbone installation . April 2006 - Oasis Apartment Integration . May 2006 - Loma Linda Academy Integration . May 2006 - Lorna Linda Plaza Integration . May 2006 - Barton Center Integration . July 2006 - Quadrant 3 Phase 2 fiber backbone installation . September 2006 - Quadrant 3 Second Ring Complete . July 2007 - Quadrant 4 Phase 2 fiber backbone installation . July 2007 - Overbuild Quadrant 1 with underground fiber distribution (Based upon interest) . July 2007 - Overbuild Quadrant 2 with underground fiber distribution (Based upon interest) . September 2007 - Quadrant 4 Third Ring Complete . TBD - Quadrant 2 Fourth Ring Complete . TBD - Overbuild Quadrant 3 with underground fiber distribution . TBD - Overbuild Quadrant 4 with underground fiber distribution . TBD - Extend fiber backbone installation into neighboring partner cities with distribution of both wireless and fiber Summary of Benefits Loma Linda, its citizens, businesses, NGOs, and other partners benefit from the LLCCP in numerous ways. Unlike other network systems, the return on fiber optic infrastructure may be able to be measured in decades instead of years, as fiber optic infrastructure (when deployed symmetrically) has the benefit of a long useful life. This provides a long- term return on the assets deployed by both the city and its residential/business/NGO partners. As Loma Linda additionally has the benefit of having standardized wiring components in new construction, a denominator has been set by which other areas of the city will be judged, in terms of embedded infrastructure. Unlike communities where multiple service providers have the ability to deploy broadband wiring infrastructure using virtually any plan they prefer, Lama Linda's construction through subsequent decades will eventually match a common denominator that's now set. Today, up to four different kinds of broadband providers can wire a home or business. These include fiber-based utilities like Loma Linda, DSL/twisted pair copper cable providers, TV coaxial cable providers, as well as new BPL (Broadband over Power Lines). Each ofthese vendors is welcome in Loma Linda today, but in new construction, each of these vendors also has the ability to easily cross-connect their broadband networking into each new residential or commercial building's standardized wiring plan, a plan built to industry standards. As buildings are tom down, and/or retrofitted with the City's Building Code-based wiring standard, the entire community eventually becomes able to achieve a standardized expectation for service providers. This occurs whether or not that provider is the owner of the 'last mile' of cable (or wireless service) to the building in question. Loma Linda also has created space inside their utility for other service providers to co-locate either at the City or intermediate distribution center level. Unlike many 'last mile' providers, the City invites third party service providers to co-locate in an open and competitive environment. This encourages not only competitiveness, but innovation and variety in services for the City's network utility users and clientele. And finally, from a technology perspective, there are few campuses or small geographical areas in the world that have the rich and lucid network infrastructure that's been driven by all quarters of Loma Linda, from its citizens to its government to its Chamber of Commerce. The public/private assets that have been deployed are remarkable, not for their vision, but for their active, ready-now, capabilities and the realities of muscular infrastructure by any measure-today._Loma Linda is ready to go. Contact Information W. James Hettrick_Director of Information Systems_City of Lama Linda_25541 Barton Road_Loma Linda, CA 92354_909-799-2895 jhettrick@lomalinda-ca.gov The Loma Linda Connected Community Standard - How It Works for The City and BuilderslDesigners The Loma Linda Connected Community Standard, hereinafter "The Loma Linda Standard" was brought about as a public-private partnership between the City of Loma Linda, California, its , . citizens, and real estate developers to foster standardized, high-quality communications assets for both new construction, and existing homes and businesses. These standards were built to ensure a long investment life, using referential standards that provide one of the fastest and most resilient communications infrastructures in the nation. To achieve this high common denominator, the Loma Linda City Council in conjunction with builders and city IT executives, designed a modular high-speed fiber optic design around the city using numerous redundant rings. The City Council also promulgated connectivity standards into the City's building codes to ensure that each new residence or commercial building would be connected to this City fiber utility using a methodical approach and common structured wiring scheme. These additions to the Loma Linda Building Codes were the first in the United States to reference this high common denominator of data communications speed with referential integrity throughout. Lorna Linda runs a city-wide Internet/connectivity matrix consisting of multiple and redundant fiber optic loops and wireless communications coverage areas. These areas serve municipal services and residential/business communities at a data rate that's among the highest in the world. The Lorna Linda Standard assures a consistent interface between utilities and structured building wiring in new construction for communications purposes. Each component cited in the Loma Linda Building Code is referential to common US industry standards. The Loma Linda Standard mandates that new construction connect to the City's fiber optic communications infrastructure. Other vendors and wiring plans can optionally be installed provided the building meets the minimum Codes. The Building Codes describe specific compatible communications components and architectures into each new building, describe development and use of City right-of-ways for communications connectivity, and standardizes specific wiring standards for structures. At the end of construction, each development has capital communications assets deployed in an easily understandable, highly usable configuration. There is no requirement to use City Communications Utilities, but there is a considerable cost savings. Architectural Concepts According to Lorna Linda's Building Codes, builders of new residential or commercial structures work with the City from the design phase through to post-construction inspection to ensure compliance and high-availability of the agreed-on communications structure as outlined in the Building Codes. Liaison is provided at each construction phase to ensure a positive and desired outcome. Each construction permit requires liaison with the City to both ensure that standards are met, but also to assist builders in compliance with the Building Codes. Typically, compliance costs are born both by the final owner of the property and the City in a public-private partnership. In turn, the highest gradients of communications are realized through this highly available, highly redundant system. The City runs this fiber-based system as a utility, terminating in the Lorna Linda Civic Center, in a state-of-the-art network operations center (NOC). Municipal communications services also terminate in the same NOC along with tie points to Network Access Points (NAPs). The Loma Linda Standard specifies a unified but flexible methodology for distribution of numerous services over its utility fiber optic infrastructure. Services to all structures include, but . . are not limited to: basic Internet connectivity, voice-over-IP (with analog or digital phones/handsets), TV/video distribution, telemedicine, distance learning, web/web services hosting, and other digital services. Structured Wiring Traditionally, each vendor has their own network/communications cabling plan, none of which have been standardized?leading to multiple cabling plans in residences and commercial installations. Although the Loma Linda Standard allows any vendor to attach any cabling system to any home or commercial structure, it also mandates a specific structured wiring plan for each structure. This plan mandates a fiber termination with the City utility, and a structured wiring distribution frame to be installed in each new home or business that follows accepted (and codified) industry standards. Residential construction Building Code sets the number of data outlets and TV/Video/coaxial cable connections per room and measure for each home. In turn, these connections terminate, usually in the master bedroom closet to a distribution frame containing an unintenuptable power supply, as well as fiber-to-data cable conversion within an Ethernet switch/router. Which in turn, is connected to the data jacks in each room of the home? . Commercial wiring follows IEEE, ANSI, and BlCSI standards, and also refers to industry-accepted referential models for uniform communications infrastructure. Together, the Loma Linda Standard framework builds a community-wide, highly available communications infrastructure with referential integrity that can grow when new standards for performance are made. ,~, "!\" ,,', ",,>'.-;,,.,,,',"" '\-::':::,:":':- ':,,.;"\;,,:-,>,'.'t:-';,,',,',,,;,,:,-,,,,,,,:,:,,,-,,,,,:/,,, {;',,:L\::;'i)'iC,:'i/:'>'/ "', ".. ,-~ ",,; , ::<,,:,~i\.:>~_;_::. ,:.:;.,'::;: :~,,: ::< Who will own Minnesota's information highways? Becca Vargo Daggett and David Morris Institute for Local Self-Reliance June 2005 A publication of the New Rules Project of the Institute for Local Self-Reliance IL~R -V 2 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? Other publications from the New Rules Project of the Institute for Local Self-Reliance: Minnesota's Biomass Mandate: An Assessment by David Morris, June 2005 A Better Way to Get From Here to There: A Commentary on the Hydrogen Economy and a Proposal for an Alternative Strategy by David Morris, January 2004 (expanded version forthcoming, August 2005) Seeing the light: Regaining Control of Our Electricity System by David Morris, 2001 The Home Town Advantage: How to Defend Your Main Street Against Chain Stores and Why It Matters by Stacy Mitchell, 2000 Available at www.newrules.org IL~R _v. The Institute for Local Self-Reliance is a nonprofit research and educational organization that provides technical assistance and information on humanly-scaled, sustainable economic sys- tems. Since 1974, ILSR has worked with citizen groups, governments and private businesses in developing policies that extract the maximum value from local resources. Institute for Local Self-Reliance 1313 5th Street SE Minneapolis, MN 55414 Phone: (612) 379-3815 Fax: (612) 379-3920 www. ilsr. org @ 2005 py the Institute for Local Self-Reliance All Rights Reserved No part of this document may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without permission in writing from the Institute for Local Self-Reliance, Washington, DC. WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? Who will own Minnesota's information highways? Becca Vargo Daggett and David Morris Contents Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Introduction .....................................................4 Community Ownership ............................................6 Should government get involved? .................................6 Can government be involved? ....................................7 Responding to the arguments against community ownership ...........7 Information Delivery Technologies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Technological Lessons Learned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Community Ownership Case Studies ............................... .13 Table: Comparing Community Owned Networks.. . . . . . . . . .. . . . . . . . .. . .19 Resources ..................................................... .20 Notes .................................................... .21 3 "The very fact that a community can, by vote of the electorate, create a yardstick of its own, will, in most cases, guarantee good service and low rates to its population. I might call the right of the people to own and operate their own utility a 'birch rod in the cupboard,' to be taken out and used only when the child gets beyond the point where more scolding does any good." -Franklin Delano Roosevelt " WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? The history of great infrastructure developments in this country is a tale of private sector-public sector partnership. In broadband, business will lead the way-as it should. But there is a role for government, too... -Federal Communications Commissioner Michael J Copps, 2004 Executive Summary The 21st century has been accurately called the information age. In the near future much of our entertainment, information, and even personal services could be delivered over the Internet (e.g. phone, movies, music, books, news, education, medical consultations, tele- conferencing). High-speed communications has become as essential a component of a modern infrastructure as water and sewer pipelines, electric grids, phone wires, and road networks. The United States has fallen far behind other nations in the delivery of low-cost, high- speed communications services. One reason for this is a lack of competition at the local level. Private companies have been slow to introduce advanced telecommunications tech- nologies. The high prices they charge dis- suade many customers from connecting. Currently, our communities depend on only two telecommunications service providers: the cable company and the phone company. The federal government has dra- matically reduced a community's control over the quality and cost of the services provided by these companies. The FCC has also ruled that the networks these companies built as franchisees and regulated monopolies are pro- prietary; the companies have sole authority to decide who may use their networks, what they will transmit, and what they will refuse to transmit. A growing number of communities-both to gain access to low-cost, high-speed commu- nications networks, and to enable them to have some influence over the structure and content of their future information systems- are fnstalling their own networks. These com- munity owned systems vary widely in their organizational structure and the range of services they provide. We briefly describe 10 community owned telecommunications net- works. Half of these are inside Minnesota; half are in other states. This report was galvanized by the early 2005 announcements that Minneapolis and Saint Paul are in the process of designing their future information highways. Other cities in Minnesota are in the same situation. We argue that a community owned system would generate benefits for these cities. It would, for example, provide a yardstick against which to measure the effectiveness of privately owned telecommunications networks. It would allow community services like fire and police and libraries and schools to take advantage of a low-cost, high-speed network. Most important- ly, it would allow telecommunications cus- tomers a seat at the table as our communities elaborate their information futures. Introduction Our quality of life and the economic vitality of our communities depend on a reliable, acces- sible, inexpensive and modern infrastructure: water and sewer pipelines, electricity and tele- phone wires, road networks. In the 21st century, high-speed telecom- munications networks have been added to the list of essential infrastructure. An increasing proportion of commerce is e-commerce. The transformation is not yet complete, but already the changes are impressive. Not long ago, the U.S. postal service delivered the mail. The cable company delivered television. The telephone company delivered phone service. The bookstore delivered books. We drove to the movies to see a film, or the video store to rent one. We traveled to meetings. Today all of these products or services are, or soon will be delivered electronically or photonically.! E-commerce is only the beginning. Telemedicine promises to change how com- munities, especially rural communities, receive medical care. Telecommuting holds the possibility of reversing the century-long trend of urbanization. Interactive distance education brings the nation's finest professors to remote locations. This is not the first time the United States has experienced an infrastructure revolution. One hundred years ago, electricity and tele- phones were just entering our every day lives. Demand soared, but the new networks didn't WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? reach all potential customers. The private sec- tor willingly offered electricity and phone service to business districts and wealthy neighborhoods in urban centers. But it proved unwilling or incapable of providing reliable, economical, universal service. As a result, the federal government, many state governments, and thousands of communities stepped in to regulate private providers and create commu- nity-owned phone and electricity networks. Perhaps the most visible and direct public involvement in infrastructure development occurred in the 1930s. The Great Depression had revealed massive fraud and mismanage- ment by the huge interlocking electricity trusts. The plight of farmers was exacerbated by the unwillingness of electricity companies to extend service to rural communities. As a result, Congress passed the National Rural Electrification Act to finance customer-owned electricity companies. In 1932, Presidential candidate Franklin Delano Roosevelt summed up the rationale behind publicly owned utilities: [W]here a community, or a city, or a county, or a district, is not satisfied with the service rendered or the rates charged by the private utility, it has the undeniable right as one of its functions of government. . . to set up . . . its own governmentally owned and operated service . . . (f) he very fact that a com- munity can, by vote of the electorate, create a yardstick of its own, will, in most cases, guarantee good service and low rates to its population. I might call the right of the people to own and operate their own utility a 'birch rod in the cupboard,' to be taken out and used only when the child gets beyond the point where more scolding does any good. Today the introduction of affordable and accessible high-speed telecommunications networks has sparked a level of urgency, con- troversy and anxiety similar to that generated by the introduction of electricity services in the early decades of the 20th century. Yet few politicians today are willing to speak to the need for public ownership. They sound less like FDR and more like his 1932 opponent, incumbent President Herbert Hoover, who insisted, "[t]he majority of men who dominate and control electric utilities belong to a new school of public understand- ing as to the responsibilities of big business to the people." Indeed, today policymakers seem eager not only to restrict public ownership but to limit public control. In the 1990s, Congress dramatically reduced its regulation of the telecommunications sector. Since 2001, the Federal Communications Commission (FCC) has issued rules that grant cable and phone companies the right to restrict, burden, or prohibit competitors from using their distribu- tion networks. At the same time, states have enacted leg- islation that restricts or bans communities from owning or operating modern telecommu- nications networks. Today, in Texas and Missouri, scores of municipalities that created their own electricity distribution systems a century ago have been prohibited from adding telecommunications capabilities to those systems today. In most communities, private sector com- petition that could drive innovation and devel- opment does not exist. The vast majority of our communities are duopolies. They have a single phone company and a single cable com- pany. The FCC has declared this a vibrant level of competition, and the federal courts have supported that view.2 Recent mergers threaten to degrade com- petition even further, from a duopoly to a monopoly.3 At the same time that private competition is dwindling, technological developments are accelerating. New communications technolo- gies are spawning new delivery possibilities and lowering the costs of transmission. This is the political and technological con- text within which states, counties, cities, and private firms are making telecommunications decisions. This report focuses on Minnesota, a state of 4.5 million people that created hundreds of municipal and cooperatively owned electric and telephone utilities in the last century, many of which continue to operate today. To offer guidance to Minnesota policy makers, this report draws on experiences both inside and outside the state. Minnesota became involved in creating a statewide high-speed telecommunications net- work development in 1989, with the creation of MNet. MNet provides videoconferencing over leased lines to state and local governments, public and private universities, and some pub- lic schools.4 An initiative begun in 1997 would have installed thousands of miles of conduit and fiber optic in highway right-of-ways, and brought fiber optic connections to within 10 miles of 90 percent of Minnesotans. But the project faced strong opposition from cable and telephone companies, and was eventually scaled back to about 250 miles of conduit.s In Minnesota, the number of people sub- scribing to Internet service rose rapidly from 1992 to 2002. But since 2002, demand has sta- bilized. The number of people who subscribe 5 The vast majority of our communities ,.. have a single phone company and a single cable compa- ny. The FCC has declared this a vibrant level of com- petition, and the federal courts have supported that view. One might argue that community ownership is one of the few ways left for communities to foster competition. 6 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? What is broadband? When most people speak of broadband, they are using the term to refer to high-speed Internet connections.6 But what constitutes high speed? The definitions vary widely. The FCC, for example, defines "advanced telecommunica- tions capabilities" as data transmissions speeds of more than 200 kbps (kilobits per second or thousand bits per second), both up-stream and down-stream.' "High-speed", according to the FCC, is more than 200 kbps in at least one direction. The National Academy of Sciences defines broadband as an access service that enables the creation of applications and content.6 By this definition, broadband is not a fixed transmission speed. It is the capacity to use existing applica- tions and create new ones. Thus, 1.5 Mbps (megabits per second or million bits per sec- ond) downstream and 256 kbps upstream may be considered broadband today, since it meets most people's demand for Internet services. In a few years, the downstream capacity demanded may be much higher to accommodate, for example, video-on-demand. The demand for upstream capacity will increase if more peer-to- peer networking applications are developed. to high speed Internet service is increasing very slowly, both inside Minnesota and nationwide. There are two mutually reinforcing rea- sons for the slowing growth of high-speed telecommunications demand. Service is expen- sive, causing most people to view it as an unnecessary luxury. And the absence of a mar- ket discourages the development of applica- tions that would be found useful by large num- bers of people. The relatively small number of customers sharing the cost of service in turn raises the per household cost of services. Minnesota local governments have entered into the telecommunications arena to accelerate affordable, universal access. In early 2005, several telecommunications-relat- ed announcements occurred almost simulta- neously in Minnesota: . Windom, a small city on the Iowa bor- der, launched its municipally owned and oper- ated ultra-high-speed, fiber based telecommu- nications network that connects all house- holds and businesses in town. . Minneapolis issued a request for bids on a wireless system that would initially serve its own municipal government needs. The request ruled out public ownership or opera- tion of the system. The city's role will be restricted to that of a large initial customer. . Saint Paul's City Council launched a formal study of various telecommunications options preparatory to issuing its own request for proposals. Just a few months earlier, Chaska's city- wide wireless network, among the first of its kind in the country, became fully operational. These announcements, reflecting the diversity of approaches embraced by Minnesota's local governments, spurred the writing of this report. We hope it will prove useful to policy makers trying to elaborate an information highway that achieves two impor- tant objectives: 1) economical and universal service; and 2) direct customer participation in the design and evolution of the system. Community Ownership Should government get involved? "It's easy to bash city governments as being full of maladroit bureaucrats eager to manhandle a new technology, and even economists who support municipal networks say cities shouldn't rush into them. But well-thought-out city plans could help everyone by act- ing as a catalyst and shaking up the sta- tus quo. Some might even call that competition."-Lee Gomes, Wall Street Journal, February 14, 2005 In October 2003, 54.6 percent of U.S. households had Internet connections, but only about 20 percent of households had a conne.ction that provides speeds of at least 200 kbps.25 By some estimates, DSL or cable modems are not available in 60 percent of U.S. zip codes.26 In Minnesota, only about one- third of Internet subscribers have a connec- tion of at least 200 kbps, which, as we noted above, should not be considered high speed.27 Although thousands of miles of fiber optic backbone cable have been laid by the private sector, there has been no incentive for the pri- vate sector to take fiber the "last mile" to homes and businesses. No single service provider could justify the investment based on short-term profitability. When the private sector has proven unwilling or incapable of providing high speed communications service, and in areas where high-speed communications service is avail- able only at a very high price, local govern- ments have stepped in. In Minnesota, this has occurred mainly in small- and medium-sized towns not served by private companies. These communities have chosen to own their own systems and also act as a service provider, as have about 200 others throughout the county. When those who use WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? their networks only for municipal purposes are included, the number of communities that have built their own infrastructure grows to 600. In most cases these community-based networks develop incrementally. Local govern- ments in cities and towns have installed fiber I-Nets (institutional networks) to meet their own needs for data sharing among municipal offices, video conferencing, traffic monitoring, utility management, etc.2S With local fiber networks in place, little extra effort is required to add connections for schools, hospitals and businesses. Citywide wireless networks can utilize this existing fiber loop; indeed, many cities have installed citywide wireless exclusively for municipal and emergency services. Can government be involved? As of May 2005, in all but two states, munici- palities can own a telecommunications net- work. Fourteen states either prohibit or cre- ate barriers for municipal telecommunications activities. Fourteen others are considering such legislation.29 These laws vary widely. For example, Missouri and Texas prohibit municipalities from providing telecommunications services under any circumstances.30 Pennsylvania allows municipal telecommunications only if the local telephone company will not provide such serv- ices. Others, including Washington, Utah, and Wisconsin, allow wholesale municipal networks (publicly owned infrastructure with bandwidth available to private service providers at whole- sale prices) but restrict municipal retail systems (publicly owned infrastructure with the city act- ing as service provider). Minnesota has no restrictions on either wholesale or retail service, except that it requires a referendum approved by 2/3 of vot- ers for a city to offer telephone services.31 Responding to the arguments against community ownership Those opposed to community ownership raise three main arguments. 1. Public ownershiP leads to monopoly and sti- fles competition. If Minneapolis or Saint Paul were to opt for a municipally owned information network, it would stimulate, not stifle competition. The cable company and the phone company and the electric utility already operate in the two cities, and in cities around the region. Their opera- tions will not disappear simply because there is a city-owned network. But as FDR said over 70 years ago, the city-owned system can operate as a "yardstick" and a "birch rod". It puts the pub- lic-that is, the customers-at the table. Empirical research shows that public investment in communications infrastructure often stimulates competition.33 One might argue that community ownership is one of the few ways left for communities to foster com- petition. Here's why. In 1996, the FCC issued its Local Competition Order. The Order required incumbent phone companies to provide com- peting carriers with access to their infrastruc- ture at a reasonable COSt,34 Most phone com- panies stopped investing in infrastructure they would have to make available to competitors.35 Cable networks faced no such common carrier requirements. In 2002, the FCC ruled that cable modem service should be classified as an "information service" rather than a "telecommunications service" and thus not subject to the same open access rules as tele- phone company lines under the Local Competition Order.36 If cable modem service is a "telecommu- nications service" it is more strictly regulated, like telephone service, under the Telecommunications Act of 1996. If it is an "information service" it is not subject to the same regulatory requirements. Those who support this differential treatment argue that information services are a new technology, and minimal regulation of new technologies results in greater innovation. The phone companies complained that cable companies were given an unfair advan- tage in the broadband market and challenged the FCC's policies in court,37 In 2003, the FCC addressed the phone companies' complaint by exempting the telephone companies' fiber optic networks from common carrier require- ments.3M In 2004, however, the 9th Circuit Court of Appeals overturned the FCC decision on cable modems. A U.S. Supreme Court deci- sion on the matter is expected by July.39 If the Supreme Court upholds the 9th Circuit's decision, cable companies would have a statutory duty to provide service to consumers and competing internet service providers(lSPs) at rates that are "just and rea- sonable". They could also be obligated to interconnect their networks with other net- works. Their rates, terms and conditions would be subject to federal review, and they would be subject to the universal service tax. If the Supreme Court upholds the FCC's position, neither cable companies nor phone companies (if the latter uses fiber optic net- works) would have to share their delivery sys- tems at a reasonable cost. One might argue that the U.S. govern- ment, or to be more precise, the FCC has a long history of making decisions that inhibit 7 find tnat ovvned , " \fVcH8i- ano sevv2ge ana roaos and ::;r~ managed at least as effectively as privately owned systems. Ser\/f nundrec!s it nlost efficient to a one-slze-fits-all tlle other I, ,"../:,- na'-j80IiT8r- enT needs, for have su"fficient traHic to on-ranlps. Sl'naH to\ivns Illay only one B WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? on competition. In the early 1980s, the FCC carved the U.S. into 734 tiny mobile phone districts and issued two provider licenses for each district-one to the incumbent telephone company, and one drawn by lottery. In the mid-1990s, as the U.S. lagged behind other countries in cellular phone network develop- ment, the FCC opened enough spectrum for six nationwide networks and auctioned it off.42 Unlike cellular telephone service, howev- er, the national broadband network is in place. Long-haul fiber optic capacity exceeds demand for the foreseeable future. Thus the national infrastructure is already in place for a competitive information highway. What communities are doing is designing the on-ramp. The current FCC model of "mul- tiplatform competition" leads to communities having a choice only between the cable com- pany's on-ramp and the telephone company's on-ramp. In Minnesota, some 55 percent of rural Minnesota communities have only one broad- band provider; 15 percent have no broadband provider.43 Most cities have only two telecom- munications providers: one telephone and one cable company. For example, Qwest and Comcast serve Minneapolis, Qwest and Comcast serve Saint Paul.44 Besides the obvious problem of stifling competition, this also stifles innovation and diversity. National companies that serve hun- dreds of communities find it most efficient to impose a one-size-fits-all system. The incum- bent cable and telephone companies want to offer the same on-ramp in every community. In a short time, all of these on-ramps may con- sist of fiber optic cables to the neighborhood or the curb, then either copper phone lines or coaxial cable to the home. A small number of communities will have fiber-to-the-home. Communities, on the other hand, have different needs. Large cities, for example, have sufficient traffic to justify multiple on- ramps. Small towns may require only one. The latter may be more suited to broadband over power lines or wireless than to DSL or cable. Given the hands-off federal regulatory environment and the concentration of private ownership of telecommunications networks, community ownership may be the only effec- tive way to guarantee true competition both in services and technology. It is, as FDR said, the "birch rod in the cupboard" to be taken out when private companies have failed to provide access that is universal, affordable, and truly high-speed. One particularly effective way of stimulating competition is a community owned network that offers space for private compa- nies to deliver competitive services to the community's household and businesses. The U.S. vs. Japan on Telecommunications Competition Japan's telecommunications policies follow the original philosophy behind the U.S. Telecommunications Act of 1996. Regional phone companies are required to allow com- petitors to access to their networks for a mod- est fee. Antitrust authorities monitor the sector to ensure that the companies do not create obstacles for their competitors. The national government not only encourages rural munici- palities to set up their own networks, it subsi- dizes start-up costs. Japan's regulatory approach has spurred competition to provide faster telecommunica- tions speeds. The result is that today' nearly all Japan's 46 million households have access to connection speeds of 26 Mbps for about $22 per month-the lowest price in the world. As of mid-2004, an ultra-high-speed fiber connection of 100 Mbps or more was avail- able to more than 80 percent of the Japanese population. In the United States, the FCC currently supports what it calls "multiplatform" competi- tion. It argues that competition between cable and telephone companies is sufficient to create a competitive market. One result is that at the end of 2003, barely more than 600,000 U.S. homes and businesses had fiber connections. That may expand to 3-5 percent of the 115 million US households by the end of 2005. Since 2000, the U.S. dropped from 4th to 13th place in the global rankings of broadband Internet usage. Internet access available to U.S. households is slower, more expensive, and less reliable than what is available in Canada, Europe, Japan, and South Korea. 2. Publicly owned telecommunications systems will be poorly managed and uncompetitive. There is over 100 years of empirical research on the comparative efficiencies of public and privately owned infrastructure. The studies consistently find that publicly owned water and sewage and roads and electricity systems are managed at least as effectively as privately owned systems.45 The telecommunications sector, while new, so far fits this pattern. Allegations made by private companies and their advocates that specific municipal telecommunications proj- ects are failures have proven unfounded.46 In fact, one can argue more persuasively that it is the private telecommunications sec- tor that has been poorly managed. In 2001, 27 telecommunications companies, each with at least $100 million in debt, filed for bankruptcy. WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? In 2002, 31 telecommunications companies with a total of $130 billion in debt filed for bankruptcy. The industry's default rate was four times higher than the overall rate, and it accounted for half of the $45 billion in bond defaults in 2001. Among those that filed for bankruptcy were World Com, Adelphia, Global Crossing and Enron Broadband. The Securities and Exchange Commission has investigated all of these companies for fraud.47 One should also point out that publicly owned systems use a different type of cost- benefit analysis than private companies. Private companies strive to maximize the short-term benefit to their stockholders and upper level management. Municipally owned utilities strive to maximize the long-term ben- efits to their community as a whole. A publicly owned communications utility might reduce its profits (surplus) to extend access to all parts of the community. Or it might reinvest its entire surplus into upgrading the system even though the current demand for improved services comes from only one part of the community. Glasgow, Kentucky's electric utility offers an example of the difference in public and pri- vate cost-benefit perspectives. The utility has offered cable since 1989 and didn't begin post- ing positive net income in 1998. But the bene- fits to the local economy began immediately. The utility estimates that in each year since it began operation, customers have saved $800,000 to $1 million in cable fees.48 This keeps more money circulating in the local economy both because community residents pay less than is charged by private providers in neighboring communities, and because a much higher proportion of the money paid to the utility remains in the community than would be the case with an outside company. Glasgow, a rural town of 14,000, has also offered broadband at speeds of 4 Mbps since 1995. Until recently, Minneapolis and St. Paul customers have had access to only half the speed at twice the price. 3. Local governments have the tools to influence the development telecommunications systems (e.g. franchise agreements). They need not own the system. This criticism had some validity 20 years ago. It is far less true today. The reach of fran- chise agreements has been severely circum- scribed so that today its only authority appears to be on establishing the franchise fee and the original design of the telecommunications system. A few years ago, AT&T purchased TCI, and thus its Portland, Oregon cable franchise. Portland agreed to transfer the franchise but under the condition that AT&T allow inde- pendent internet service providers to sell their service over its cable. AT&T refused. The 9th Circuit Court of Appeals backed the company, and said that only the FCC has authority to decide whether or not to impose open access rules on cable companies:9 Thus it came to be that cities had no right, even as part of franchise agreements, to require com- panies to allow access to their networks. And, as mentioned above, the FCC has declined to impose such a requirement. In late May, Minneapolis filed a lawsuit against Time Warner for $4.5 million in unpaid franchise fees and penalties. The suit is just the latest skirmish in a ten year battle with Time Warner over the city's principal complaint: the company's refusal to make 25 percent of its network capacity available for city use, as set forth in the franchise agree- ment. The company maintains that cities have no right to regulate Internet or telephone services carried over cable networks. Texas is currently considering legislation that would allow local phone companies to raise rates, eliminate local franchise rules, and prohibit municipal competition.5O Telecommunications companies see the pro- posed Texas law as a model for the rest of the states, and for rewriting the 1996 Telecommunications Act. Some telecommunications companies have announced their intention to seek changes at the federal level that would restrict state and local regulatory authority over their industry. After San Francisco announced its plan to build a municipal Wi-Fi network, Verizon CEO Ivan Seidenberg set forth his highest priority for a Congressional rewrite of the Telecommunications Act. 'The first thing we'd do is pre-empt the states. That's priority No.1, No.2 and No. 3."51 4. Government should not decide what we can and cannot do with our information network. The question is not whether local govern- ment should decide what is carried on the telecommunications network, but whether those decisions are better vested in local gov- ernment than in the federal government or private companies. In the 1980s, the federal government abandoned its 60-year-old public interest requirements for radio and television broadcasters. Recently it has focused on restricting the sexual content of broadcast shows. Private cable companies frequently exercise their right to drop popular cable sta- tions because they can increase their revenue by substituting another channel. Privately owned systems have, and will continue to, censor shows, especially for political content. When people use a cable modem they are 9 is net v\t!l6tilec 10c8. 06C;08 1;::: carr!ec! on nications vvhetrl8C UH)Se cJec!sions axe iJGttsr vested in !oeed than in tne feelerai or ~, 10 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? connecting to the Internet through the cable provider's gateway. The American Civil liberties Union charges that cable networks, and by extension fiber optic networks and any other proprietary networks, "lack the Internet's open and nondiscriminatory design on the technicallevel."52 This allows the com- pany to interfere with and monitor online activity in a variety of ways: . Providers can control the overall speed and reliability of the connection. . Providers can block customers from using particular applications (e.g. video con- ferencing, von>, and virtual private net- works), or require customer's to use the provider's own proprietary application. . Providers can slow or block access to certain sites on the Internet, whether because the content is deemed objectionable or because the site does not have financial arrangements with the provider. Conversely, providers can speed transmissions to and from sites with which they have financial arrangements. . Providers can force customers to access the Internet through a particular home page. This is similar to what AOL has done with its "welcome screen", which contains both news stories and paid promotions. . Providers can monitor online activities. In February 2002, Comcast began to track customers web browsing without their knowl- edge. The practice was discontinued after it became public. Information on web browsing habits is viewed as a valuable resource for marketing purposes, however, and efforts to protect copyrighted materials also create strong pressures to monitor online activities. Of course, local governments may attempt to exercise similar controls, but it is ultimately responsible to its citizens in a far more direct way than a global corporation is responsible to its local customers. Local elec- tions occur, on average, every two years. Information can be delivered via a wide array of technologies that can be divided into two broad categories: wired or wireless. Wired, or land line, connections include copper tele- phone lines, cable television lines (coaxial cable), optical fiber, and electric power lines. Land Lines (Wired) Copper phone lines Currently copper phone lines deliver very low speeds when using a dial-up connection (56 kbps), but are capable of offering speeds 500 times greater. ADSL (asymmetric DSL) typically pro- vides speeds of about 1.5 Mbps downstream to subscribers in the U.S. However, it is technical- ly capable of delivering at speeds of at least 8 Mbps, and that delivery capacity may increase still further in the near future. ADSL is limited by distance; customers must be close to a cen- tral office of the provider (within 18,000 feet or about 3.5 miles). High-speed DSL technologies (VDSL) are not widely used but can deliver speeds of 52 Mbps over a very short distance (4000 feet, about 4/5 of a mile). The high speeds of VDSL are possible in part because, unlike ADSL, it can be used in conjunction with fiber optic networks. to In Japan, communications are routinely delivered at speeds of 26 Mbps ove~ copper wire. Coaxial cable Coaxial cable, used to transmit video (IV) signals, also utilizes cop- per wire. U.S. cable companies typically pro- vide speeds of 3 to 5 Mbps downstream and up to 1 Mbps upstream. Speeds of up to 10 Mbps are possible using current technology. As with DSL, they may increase substantially in the future. More than two-thirds of households with broadband in 2001 had cable modems; this dropped slightly to 56 percent in 2003 as DSL gained subscribers relative to cable.11 Electric power lines Broadband over power lines (BPL) is an emerging technology that can be used either as a wired technology that brings data directly into the home over power lines, or a wireless technology that car- ries data over power lines then broadcasts a wireless signal from utility poles into homes. BPL's development was slowed by the fact that the use of power lines to carry communi- cations traffic can interfere with Ham radio and other emergency radio signals.12 In October 2004, the FCC ruled that it would tol- erate a small amount of radio interference in certain areas in exchange for making broad- band services more competitive.13 Only a small number of BPL systems have been installed.14 Maximum speeds are comparable to DSL (in the range of 1 to 4 Mbps), but may be many times higher when broadcast as a wireless signal from utility poles. Optical fiber cables Optical fibers, or fiber optics, are long, thin strands of glass or plastic surrounded by optical material and an outer covering. The Internet "backbone" is made up of fiber optic cables that run from coast to coast, as well as across the Atlantic and Pacific oceans. Fiber-to-the-premises (F1TF, or to-the-home, F1TH, sometimes also written as F1Tx) networks utilize fiber in every segment of the Internet connection, from the backbone to the home. Fiber can WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? I , transmit data at speeds of 10 to 1000 Mbps or more, depending on fiber used and the tech- nology used to route traffic through the lines. Wireless Wi-Fi In the U.S., wireless technologies are sometimes referred to by their IEEE (Institute of Electrical and Electronics Engineers) standard numbers. Wi-Fi, for wire- less fidelity, and WlAN, for wireless local area network, are names for IEEE standard 802.11.15 Wi-Fi uses unlicensed radio spectrum to transmit signals.16 It is what your local library or coffee shop uses to create a "hot spot". Maximum range is about 300 feet, and speed for individual users is around 1 Mbps. The coffee shop (or library, or your home net- work) connects a wireless access point to its wired Internet connection. But Wi-Fi can also be deployed as a clus- ter of hot spots, sometimes called a "hot zone", which can cover a downtown zone or a whole city. This can be done by mounting the access points (also called nodes) on street- lights and other infrastructure and connecting them to wired broadband connections. In places that want to minimize the need to install additional wired broadband connec- tions, Wi-Fi hot zones can also be built using either using directional antennas or mesh net- working. Directional antennas create a relay path from one to another. Mesh networks are more like the Internet itself-a grid of access points, all of which can communicate with each other. The data travels on the best path to or from the service provider. 17 WiMAX IEEE standard 802.16, called WiMAX (Worldwide Interoperability for Microwave Access), will be officially certified sometime in 2005. WiMAX is a technology, but it is also a seal of approval-WiMAX prod- ucts are guaranteed to work with all other WiMAX products, so a network can be built from the best available devices from any com- bination of vendors. Wi-Fi products do not currently have the same guarantee. IS WiMAX has a range of 1 to 6 miles, depending on the technology. These longer distances are possible because WiMAX will use licensed as well as unlicensed frequencies. Wi-Fi installations will not necessarily become obsolete when WiMAX comes in. Intel and the WiMAX Forum are promoting WiMAX as a complement to rather than a sub- stitute for Wi-Fi.1Y In many places, WiMAX may be more cost-effective than fiber to deliv- er bandwidth to Wi-Fi access points and Wi-Fi access points are more cost-effective at deliv- ering bandwidth to the ultimate customer than WiMAX.20 Two other wireless technologies are avail- able but not widely used.21 Satellite, along with other forms of fixed wireless, represents only one to two percent of household Internet connections. Satellite connections are cost prohibitive under most circumstances. On the other end of the scale, ultra short-range connections are possible with IEEE 802.15.1, called Bluetooth, and IEEE 802.15.3, called ultra-wide band. These are most commonly used to connect devices with- in a home or office. Maximum range is about 30 feet, and maximum speeds are 1 Mbps for Bluetooth and 400 Mbps for ultra-wide band. For those looking to establish a citywide sys- tem, the choice of technologies can be daunt- ing. And for communities wanting to become involved in the ownership or operation of the system, there is the fear of technological obsolescence. Here are a few things decision makers should keep in mind. 1. Fiber-to-the-home is currently viewed as the only "future-proof' technol- ogy; you'll never have to worry about out- growing the system's capacity. However, it is also the most expensive type of information highway, in part because of the cost of the fiber and associated routing technologies, but also because of the cost of digging up streets. About 200 U.S. communities have fiber-to- home networks, including several in Minnesota.22 Fiber-to-the-home costs about $1200 to $2000 per connected building, depending on the networking technologies employed and the distance between homes. The cost can be cut in half or more if the underground con- duits already exist. Communities planning to dig up their streets for other purposes (e.g. undergrounding electricity wires, separating water and sewage pipelines, etc.) should install "dark fiber" (optical fiber without the systems needed to transmit traffic) or con- Time to download a 2-hour movie in digital format9 56 kbps dialup modem 13 days 1 Mbps DSL connection 17 hours 3 Mbps cable modem 5 hours 100 Mbps fiber connection 10.4 minutes 1 Gbps fiber connection 1 minute 11 trie anc~ \/\;1;-eless transrnlsSlon tecllnO!O- tlla! (ten ie\I8 U18 as or 1S be abie 100 is denlanclecl sennC8. 12 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? duits to facilitate future fiber optic networks. Most cities and many smaller communi- ties have at least partial fiber networks, installed for university or municipal use. Some communities have access to dark fiber that was installed by companies that subsequently went bankrupt. In the aftermath of the telecommunications boom and bust of the late 1990s, the price of fiber plummeted. Universities, companies not involved in the telecommunications business, and in some cases cities purchased miles of dark fiber at very low prices.23 As the ability to deliver high speeds over copper and coaxial cables increases, more net- works are utilizing fiber-to-the-neighborhood or fiber-to-the-curb, both of which then use existing copper connections from the street into the home. 2. Wi-Fi has the lowest capacity but also the lowest cost, and the greatest speed of installation for citywide net- works. Currently wireless is most often used in conjunction with wired systems. Wireless access points are connected to a fiber optic network that circles a city or neighborhood. The fiber network is in turn connected to the Internet backbone also by fiber optics. In this configuration, cost per home can be about $200, but it varies according to residential density and whether or not new fiber is being installed. A public hot spot serving 60 users in a 300-foot radius can cost about $4,000.24 Wireless mesh networking can further reduce the cost of broadband per home, and make network expansion even easier. Using this system, wireless access points can be added to an area without the need to extend fiber optic connections to all the access points. This can be particularly useful in densely pop- ulated areas, where a large concentration of access points is desirable, resulting in a cost per home in the range of $30 to $100. Similarly, broadband over power lines offers the possibility of transmitting band- width over power lines to utility poles, then using wireless to transmit from the utility pole to the home. Costs for BPL are currently unknown, but may be as low as $50 to $150 per home in high-density areas. However, BPL at present can carry a signal only a mod- erate distance(1000 to 3000 feet) without using repeaters (at $200-500 each). Therefore it is more economical on lines that service a number of homes rather than long rural lines that serve one or two. WiMAX offers the possibility of wireless connections directly to the Internet backbone over distances of one to six miles without the need for intermediary fiber optic cables. This is useful in less densely populated areas, where fiber installation would be cost prohibi- tive. But it may also be used in conjunction with Wi-Fi, with WiMAX transmitters rather than fiber optic cables delivering bandwidth to Wi-Fi access points, or as a means of deliver- ing bandwidth for BPL distribution. WiMAX may reduce cost per home to as little as $30. 3. Channels can be carved out in DSL, wireless, and fiber optic systems to allow competing service providers to use the same network. The same is not true for BPL. All BPL systems that serve the gen- eral public currently are franchises to private firms that lease the lines from the utility and sells retail services. 4. Engineers are learning to increase the speed and capacity of all types of delivery systems. These improvements will, in all likelihood, continue. Copper telephone lines, for example, are being used in other countries to transmit information at speeds of 26 Mbps or more, even though most current DSL customers in the U.S. receive informa- tion at 1 or 1.5 Mbps. Wireless communica- tions speeds have been pushed to 54 Mbps in a relatively short period of time. Transmission speeds depend both on the medium (e.g. copper wires or fiber optic cables) and the technology used to compress bits and route traffic on the network. At this point, investment in a fiber optic network vir- tually ensures access to enough capacity to meet business and residential needs for the next two decades or more. However, as traffic management, compression, and wireless data transmission technologies evolve, it is possi- ble that wireless will be able to achieve the same capacity as fiber by the time 100 Mbps or more is demanded for residential service. In the meantime, high-speed DSL technolo- gies can meet the demand for more capacity over existing copper lines to homes, and BPL may be able to do the same. WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? On the following pages are 10 case studies of community-owned telecommunications sys- tems. They reveal a wide array of ownership structures and technological delivery sys- tems. In the state of Washington, two cities with municipally owned electric utility systems offer different structures. Tacoma is involved with telecommunications systems at the retail level; Chelan PUD offers service at the whole- sale level. Minnesota's Windom has the highest speed telecommunications network in the country and sells phone, cable, and other services directly to residents and businesses. Saint Peter, on the other hand, has installed conduits under the streets, which has enabled competing companies to lay in competing fiber networks, including a locally owned firm. In Utah, a consortium of 18 cities with one third of the state's population is develop- ing a fiber-based wholesale communications network. Philadelphia has established a non- profit corporation to oversee the installation of a citywide high-speed wireless network. Which of these systems and ownership structures is best? Only time will tell. Our sense is that there is no single best model. Communities need to decide what is right for them. But communities can only decide if they have the information, and if their political leaders allow community ownership to be included in the range of possibilities exam- ined. Buffalo-Buffalo Wireless Internet Group (BWIG) Model: Municipal utility, retail service provider Population: 1 3,000 location: 40 miles northwest of Minneapolis Date of First Service Offering: 1997 business service, 2001 wireless service System Type: Fiber loop with non-Iine-of-sight wireless Services Offered: Internet To Whom: government, business and residential service Alternative Providers: none preexisting; subsequent Charter Communications Buffalo is an excellent example of incremental growth in a municipal network. Buffalo's network began in 1996 with a city fiber backbone for municipal use. The city began considering network upgrades in 2000, both to increase network capacity and to improve utility monitoring. It considered both adding more fiber optic cables and point-to-point wireless, and determined wireless would be more cost effective. Businesses asked the city to include their requirements in considering network upgrades. The local telephone company offered only dial-up connections or very expensive T-153 service, and the cable company offered no Internet service at all. The final system includes wireless point-to-point service for business and residential customers, and some businesses purchase a connection directly to the city's fiber network. The city spent $750,000 on five wireless towers in 2001, with anticipation that the invest- ment would pay itself off in four years. The non-line-of-sight54 technology it chose provides slower speeds than line-of-sight wireless, but offers easier installation and fewer problems with obstructions. By 2004, the Buffalo Wireless Internet Group(BWIG) had enough subscribers to run a monthly operating surplus of $7700, which it reinvests in the system.55 In late 2004 the city installed a wireless mesh network covering its 26 square miles. The mobile mesh network is only for municipal use; subscribers do not have access to the mesh network. The city will consider offering roaming access56 if it determines its has excess capaci- ty after its emergency services needs are met. The city charges $10 per month for 128 kbps and $34 per month for 384 kbps bi-direction- al. The fastest available speed is 1.5 Mbps, for $50 per month. Mer the city government announced its plan to offer business and residential service, Charter Communications intro- duced cable modem service for $45 per month for 384 kbps, bi-directional. For 3 Mbps down- stream/256 kbps upstream, the price is $55 per month. 13 14 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? Chaska-Chaska.net Model: Municipal utility, retail service provider Population: 18,000 Location: 20 miles southwest of Minneapolis Date of First Service Offering: October 2004 System Type: Wi-Fi (wireless mesh and fiber backhaul) Services Offered: Internet only To Whom: business and residential Alternative Providers: preexisting Time Warner cable, Sprint DSL (limited availability) In 2004, Chaska spent $600,000 to set up more than 200 transmitters (about $2,200 each) on utility poles throughout the 16 square mile city. It also had existing infrastructure from pro- viding Internet service to businesses and schools for several years, which would have added $300,000 to $400,000 to the price if purchased with the rest of the system. Chaska charges $16 per month for 1 Mbps. The service already has 2300 subsctibers (about one-third of the city's households), surpassing its requirement of 1700 to operate, pay back the capital investment, and generate a small profit to be used for future system enhance- ments. Time Warner offers cable modem service at 3 Mpbs for $45 per month, and Qwest offers DSL at 1 Mbps to some homes at $40 per month. Moorhead-GoMoorhead! Model: Municipal utility, retail service provider Population: 33,000 Location: Northeastern Minnesota Date of First Service Offering: anticipated July 2005 System Type: Wi-Fi (wireless mesh and fiber backhaul) Services Offered: Fiber and wireless Internet access (fixed location and roaming) To Whom: government, business, residential Alternative Providers: preexisting Cable One cable, DSL In December 2004 the Moorhead City Council authorized the formation and operation of a new telecommunications utility by Moorhead Public Service (MPS). In March 2005 the City Council authorized the city to loan MPS enough money to pay for the new utility from revenues generated by the electric and water utilities that would normally go to the city's general, capital, and economic development funds (about $4 million in 2002). The utility already has a fiber optic ring around the city, completed in 2000. Some 300 wire- less access points will be connected to the fiber ring, mounted on streetlights and utility poles throughout the city. The wireless access points and other technology needed for the utility to become an ISP will cost about $2.3 million. Moorhead's citywide wireless (13 square miles) will go live in July 2005. The broadband division is a separate division of the municipal electric and water utility, Moorhead Public Service (MPS). It will offer 1 Mbps for $20 per month to residents and $25 per month to busi- nesses. The lowest price competitor, Cable One, offers 1.5 Mbps for $40 per month. Saint Peter Model: Population: Location: Date of First Service Offering: System Type: Services Offered: To Whom: Alternative Providers: Municipal conduit 10,000 60 miles southwest of Minneapolis municipally owned conduit conduit leasing private telecommunications companies preexisting Mediacom cable; subsequent Hickory Tech fiber-based DSL, Owest DSL, Mediacom cable WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? As part of the rebuilding effort following the 1998 tornadoes in Saint Peter (pop. 10,000), the city-owned electric utility decided to replace above ground electric wires with underground wires. At the same time, the city installed conduit that makes it easier to install fiber optic cables, at a cost of about $500,000. It considered building its own fiber optic network, but chose conduit because it reduces the cost of installing fiber by about half without forcing the city to choose among technologies. The city reached an agreement with Hickory Tech, a local competitor to incumbent tele- phone and cable companies, to install a fiber network. The system uses fiber loop and fiber to the curb, with copper connections to the home. Hickory Tech offers voice, data, and video serv- ice over its fiber optic network. Internet service of 1 Mbps is $40, and a full package including phone, cable and 1 Mbps is $95. Qwest and Mediacom upgraded their networks as a result of competition from Hickory Tech.57 Mediacom now offers 3 Mbps for $30 per month, and basic cable packages start at $40 per month. Windom-WindomNet Model: Municipal utility, retail service provider Population: 4500 Location: Southwest Minnesota Date of First Service Offering: System Type: Services Offered: To Whom: Alternative Providers: April 2005 fi b er- to- th e - p re m ises phone, Internet, video government, business, residential preexisting Southwest Wireless; subsequent Southwest Wireless, Owest DSL, Comcast cable Windom is a small town of 4500 people that has a history of taking the lead in telecommu- nications. It started its own municipal cable television service 20 years ago because cable com- panies had similarly bypassed the town. In 1993, it was host to the country's first teleconfer- ence town meeting, with Rep. David Minge connecting from Capitol Hill to a fiber optic con- nected studio in Windom. The studio was already in use for an interactive class with Hamline University. In April 2005, the city began offering services through its fiber optic network, can deliver 100 Mbps to every home and business. City officials saw fiber optics as a way to "future-proof' their telecommunications infrastructure. The system will be able to meet telephone, internet, and video demands for the foreseeable future. The city tried to pass a referendum to establish its own telephone company in 1999. Under Minnesota law, municipalities may own and operate their own telephone systems, but such an enterprise must be approved by a two-thirds majority in a referendum if there is an existing telephone service provider. In Windom's case, the existing company was Qwest, which offered only dial-up internet service in town. In 2000, Qwest promised to extend DSL services to 13 rural Minnesota communities other than Windom. The same year, a referendum passed with 70 percent of the vote. Qwest announced its intention to provide DSL to Windom in 2003, but by that time the municipal system was underway. In May 2004 the city issued $9.4 million in revenue bonds to fund the network and the first two years of interest payments. The city plans to retire the bonds over 20 years with revenues from the services provided. As of May 2005, take rates are exceeding the targets set out in the business plan. WindomNet's first customer was Toro Co.'s manufacturing plant, which moved there from Indiana in 2002. The city also has other industrial development and a hospital, all of which needed access to high-speed telecommunications. Prices are $30 for 750 k up/512 k down, $36 for 1.5 Mbps/512 kbps, and $66 for 1.5 Mbps bi-directional. Faster speeds are available for higher prices. 'Triple play" (phone, internet, and cable) packages are also available. Qwest now offers DSL in Windom. Prices are $40 per month ($45 if you don't have phone service with them), plus $60 for modem, for 1.5 Mbps/896 kbps, $32 for 256 kbps. Southwest Wireless Net, part of New Vision Coop, offers fixed wireless service. It began in 2001, and is available only to those with a clear line of sight to a tower. They offer 256 kbps for $30 and 512 k for $40. 15 16 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? Chelan County, Washington-Chelan County Public Utility District Model: Public Utility District, wholesale access Population: 67,800 Location: North central Washington State Date of First Service Offering: System Type: Services Offered: To Whom: Alternative Providers: 2003 fiber-to-the-prem ises Internet and telephone (television available in 2005) private service providers preexisting telephone incumbent; subsequent 14 ISPs, including telephone incumbent Chelan County Public Utility District has a functioning municipally owned fiber-to-the-home system that sells wholesale access to service providers. Currently, more than 2000 end-users receive service through one of the fourteen competing Internet service providers, Most of the ISPs are locally owned. There is only one conventional telephone providers, but all of the ISPs offer VOIP either through their own system or a third party such as Vonage. Television service will begin later this year. The cost per location is about $1,000. Chelan County PUD expects to reach 75 percent of the county (30,000 homes and businesses) by 2008, at a total system cost of about $70 million. Revenues generated by the sale of surplus hydroelectric power finance the investment. The system is projected to have positive cash flow in 2013, assuming that about one-third of homes subscribe to each service. It expects a full return on investment in 2020. So far, take rates are on target. BPL and fixed wireless are being tested for hard-to-reach areas. Wireless hotspots connect- ed to fiber backhaul are being installed in several areas. Nelson County, Virginia-Central Virginia Electric Cooperative Model: Cooperative Utility Population: 15,000 Location: Rural central Virginia Date of First Service Offering: April 2004 System Type: BPL Services Offered: Internet To Whom: electric utility customers Alternative Providers: satellite The Central Virginia Electric Cooperative (CVEC) was the first cooperative utility to com- mercially deploy a BPL network. The system is entirely power line based, but in the future it could incorporate wireless to deliver signals to homes, CVEC has an agreement with !BEC (International Broadband Electric Communications), which is building the BPL network using CVEC's infrastructure and provides Internet service. The first phase reaches 4000 homes and was completed in November 2004. The second phase is scheduled for completion in spring 2005. !BEC offers 256 kpbs bi-directional speeds for $30. The only other Internet service available is via satellite. 1 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? Philadelphia-Wireless Philadelphia Model: Non-profit corporation, wholesale access Population: 1.5 million Date of First Service Offering: anticipated 2006 System Type: Wi-Fi (wireless mesh and fiber backhaul) Services Offered: Internet Alternative Providers: cable, DSL Under the terms of Philadelphia's "public/private partnership", the city created a non-profit corporation ("Wireless Philadelphia") that will handle the design, construction and manage- ment of the network. The total estimated cost is $60,000 per square mile over the city's 135 square miles. Total startup cost is estimated at $7 to $10 million, with an additional $500,000 annually over the first 3 years. Startup funds will come from taxable bonds, foundation grants, and low-interest bank loans. The city projects the investment will be recouped in five years. Access will be available at wholesale rates to private service providers. Basic service is expected to cost $16 to $20 per month, with discounts for low-income subscribers. The non- profit will not sell access directly to individuals or businesses. Its mission does, however, include providing discounted computers and instruction in use to low-income residents of the city. Free access (nodes that are not password protected) will be provided in public spaces. The city expects to decide on a vendor by early July, and begin the project in early August. Tacoma-Click! Network Model: Municipal utility, overbuilder Population: 200,000 Date of First Service Offering: System Type: Services Offered: To Whom: Alternative Providers: '1998 ,~ 1 j j . I l I J I j ~. . l I i I I I ! I I 1 i fiber-to-the-curb, hybrid coaxial cable to the home Retail provider of cable television, wholesale access to ISPs government, business, residential preexisting TCI cable (purchased by AT&T); subsequent Comcast (purchased AT&T), Owest DSL, three 10callSPs using Click! Network infrastructure Tacoma Power decided in 1994 that a fiber network could help the utility maintain its quali- ty of service by helping to pinpoint problems in its 180 square mile network. It began construc- tion on its network in 1997, utilizing fiber optics to the street, and coaxial cable to the home. Funding came from surplus revenue generated by energy sales. According to Tacoma Power officials, no tax dollars have been dedicated to the project and no electric rate increases have been attributable to it. Click! Network is an overbuilder-a term that refers to companies that build networks to offer services already offered in the area, generally by a monopoly company. Before municipal competition was introduced, the incumbent provided poor service, as measured by complaints filed with the city and time to install new service, and had a bad reputation. It did not provide service in all areas of the city, and did not offer comparable television packages to those in neighboring communities. In 1998, it began offering cable television service in competition with the local franchisee (rCI), as well as communications between Tacoma Power facilities and residential power meter reading. In 1999 it became the first city on the West Coast to offer cable modem service through three competing, local ISPs. Click! Network maintains a second fiber optic I-Net under contract with the city. In 1999, TCI was purchased by AT&T, which sold the network to Comcast in 2003. Now all residences have access to cable, and Click! Network has expanded to cover neighboring cities. Tacoma power has about 148,000 customers. One-third of those who have access to Click! Network are subscribers. Comcast and Qwest also have customers in the market. In the places where Click! is available, prices for cable 1V and high-speed internet are 20 to 25 percent lower than areas where competition does not exist. Tacoma even has lower prices than Seattle. Customers pay about $64 per month for 125 television channels and high-speed Internet Tacoma is one of the few markets in the country to have video-on-demand (at a cost of $3 to $5 per movie), which Comcast launched in April 2004, and Click! in February 2005. 17 18 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? Tempe, Arizona-WazTempe Model: Private ownership, wholesale access Population: 160,000 Date of First Service Offering: 2002 (downtown hot zone), anticipated 2006 System Type: Wireless (Wi-Fi with WiMAX and fiber backhaul) Services Offered: Internet To Whom: government, business, residential Alternative Providers: preexisting cable, DSL On April 21, 2005 the Tempe City Council approved a 5-year contract for citywide wireless broadband service to MobilePro Corporation, which is a network systems vendor but not a service provider. Competing Internet service providers will have access to the network. Tandem networks running on different frequencies will be deployed using the same infra- structure, one for public use and one for municipal use. In exchange for access to the city street light network and existing fiber backhaul (connections from access points to the Internet), the city will not be charged for municipal use of the wireless network. . The City of Tempe and Arizona State University already offer free wireless service in downtown Tempe.58 The Tempe WiFi Community Alliance has been a motivating factor in both the downtown and new citywide networks. Free access will be continued in the downtown zone, and access to city and ASU sites are available free of charge to those without a subscription. The network will cover 40 square miles. It will reach approximately 65,000 households, 1,100 businesses, and 50,000 students, and provide municipal services to Tempe police, fire, emergency, city, and ASU personnel. Customers will be able to subscribe to services ranging from low-cost Internet services to high-speed services capable of handling VOIP and video. Western Utah-UTOPIA Model: Intergovernmental agency, wholesale access Population: 724,000 Location: Western Utah Date of First Service Offering: System Type: Services Offered: To Whom: Alternative Providers: anticipated 2006 fi be r-to -the -p re m ises telephone, Internet, video government, business, residential none preexisting; multiple providers anticipated, including large telecommunica- tions and cable companies Utah Telecommunication Open Infrastructure Agency (UTOPIA) is an inter-governmental agency, founded in 2002 and made up of 18 Utah cities comprising one-third of the state's popu- lation. UTOPIA plans to install fiber with speeds of at least 100 Mbps to every home and busi- ness in each member city, at prices comparable to cable or DSL.59 UTOPIA will own, operate, and maintain the infrastructure. The total cost for the system is $470 million. Each municipality will issue revenue bonds for its portion of the overall investment. Service will be installed in cities in the order in which they approve funds. Access to the fiber optic network will be sold to private service providers. Proceeds will be used to pay operating expenses and retire the bonds. It anticipates positive cash flow in the first ten years, possibly reaching the break-even point for operations and debt service by year 7. The anticipated take rate of 40 percent is lower than the actual take rates of more than 60 percent in Provo and Spanish Fork.60 At this rate there would be 270,000 residential and 34,500 business subscribers. Over 20 million feet (about 3788 miles) of above- and below-ground fiber optic cable will be installed. UTOPIA expects private service providers will use its network to offer high-speed Internet access, HDTV, video on demand, medical monitoring, teleconferencing, and phone services. Community services will include community programming on demand, traffic monitoring, meter-reading, and advanced communications for emergency services. 19 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? Comparing Community Owned Networks Community and System Name Starting date Technology Population Coverage Speeds Rates Private Services Competition Structure Chaska October Wi-Fi 18,000 16 square 1 to 3 Mbps $16 residential, Wireless (with Time Warner Municipal 2004 (wireless mesh miles symmetric $25 business roaming) and Cable $45; utility, retail Chaska.net and fiber (including city- fiber internet Owest DSL service backhaul) wide roaming service (limited avail- provider access) ability) $40 ~__~~~_'_~"'T__~ ---~~---~~~ '---~~~-,.~~~- Buffalo 2001 Wi-Fi (fiber 13,000 26 sq uare 1.5 Mbps $10/128 kbps; Wireless (no Charter Municipal backhaul) miles $34/384 kbps; roaming) and $45/384 kbps; utility, retail Buffalo Wireless $50/1.5 Mbps fiber internet $55/3 Mbps service Internet Group service provider (BWIG) --~~,~.__._-,,---~~-_.~'~...._,...., Moorehead July 2005 Wi-Fi 33,000 13 square 1 Mbps $20 residential, Wireless (with Cable One Municipal (wireless mesh miles $25 business roaming) and $40 1.5 utility, retail Go Moorhead! and fi ber fiber internet Mbps/200 service backhaul) service kbps, $50 3 provider Mbps/300 kbps; Ouest DSL ------- St. Peter 1999 Conduit 10,000 citywide Leased conduit Hickory Tech, Municipal Mediacom, conduit Owest --._-- Windom Feb ruary 2005 Fiber-to-the- 4,500 all homes & 100 Mbps Internet, Owest DSL $32 Municipal premises businesses television, 256 kbps, $45 utility Windom Net phone 1.5 Mbps/512 kbps; Southwest wireless $30 256 kbps, $40 512 kbps -- .__._~c~__,,_.~;______,,~~_~~___.'.,__~m;..~ Chelan County Fiber-to-the- 67,800 75 percent 100 Mbps Internet, 141SPs, Public utility premises, BPL of homes by television, most locally district, Public Utility and satellite in 2008 phone owned-typical wholesale District, remote price $28 3 access Washington locations Mbps, $50 6 Mbps _.__~~____~."_~._~_o_~___.._~~".~~~_~_~_..._~.,~."., Nelson County, November BPL 15,000 4,000 homes 256 kbps $30 Internet Satellite, 256 Cooperative Virginia 2004 in first phase, kbps $50 utility remaining Central Virginia homes in 2005 Electric Philadelphia est. 2006 Wi-Fi 135 square 1 to 3 Mbps $16 to $20, I nfrastructu re Nonprofit (wireless mesh miles some free for Internet corporation, Wireless and fiber access wholesale Philadephia backhaul) access Tacoma, 1998 Fiber-to-the- 200,000 citywide Digital cable, Cable, Internet 1 Mbps $30 Municipal Washington curb,coaxial and some standard utility, retail cable to the neighboring package $40 and wholesale Click! Network home communities access ---->'._-_._--~-_.~~-~. Tempe, Wi-Fi 160,000 40 square 1 to 3 Mbps As yet unkown, Infrastructure For-prof! Arizona (WiMAX and miles some free for internet corporation, fiber backhaul) acces wholesale WazTempe access ~.~._~-~~-~~~~...~.~.~~._--~~"-'~-~""~~-'"~.=.._--~.''',~,-,,"""'-' ~,____.,___"d__'__=__"."~_,~. ~._,,_~.__~.._.."__~'. _."LT." .."_.._.",',~'__" .._.'_ __,~_:__, ,,' ~'>_h ~~,"~',"'~,.."~~.:~_"~,,,,_._'" " ~'"~"m"_"'~"'_~'.__'_'_____'''''__~_"~'~_..''~._~ . Western Utah Est. 2006 Fiber-to-the- 724,000 all homes & 100 Mbps Infrastructure Municipal premises businesses for internet, consortium, UTOPIA television, wholesale phone access 20 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? Blandin Foundation - Get Broadband www.blandinfoundation.org/bsite/bbsite.swf Encourages greater broadband use in rural Minnesota, as well as public and private investment in broadband infrastructure. League of Minnesota Cities www.lmnc.org Works to promote telecommunications com- petition in Minnesota cities of all sizes. Minnesota Association for Rural Telecommunications www.mnart.org Represents rural telecom providers at the state level and promotes a competitive telecommunications marketplace in rural areas. American Public Power Association (APPA) www.appanet.org Extensive resources in support of public power, and guidance for power and broadband system operators. The Community Broadband section includes updates on FCC and FERC decisions, a chronicle of legal challenges, and sample leases and requests for proposals for members. Baller Herbst Law Group www.balter.com Represents the APPA, regional and state municipal electric associations, state municipal leagues, local governments, and public power systems in regulatory, legal, and legislative matters involving telecommunications. Offers an excellent collection of writings on public sector participation in telecommunications. Broadband Reports www.broadbandreports.com Updated daily with the most important news stories in the broadband world. Fiber to the Home Council www.jtthcouncil.org Supported by companies and organizations in the broadband industries at all levels, includ- ing municipalities. Free Press-Internet and Broadband www.jreepress.net/issues/ internet Emphasizes the importance of community ownership in maintaining free speech and independent media. Also concerned with dis- advantaged communities and universal access. Friends of the Commons-Airwaves www.jriendsojthecommons.org An overview of broadcast spectrum policy, and why it matters. Lessig.org www.lessig.org Website of Stanford Law Professor Lawrence Lessig, author of Code and Other Laws of Cyberspace. . MuniWireless.com www.muniwireless.com The Community Wireless section details com- munity undertakings in the U.S. and around the world. Don't miss the Reports and Guest Commentary sections. United Power Line Council www.uplc.org Supported by electric utilities and companies working on broadband over power line. Wi-Fi Alliance www. wi-fi. org Supported by companies that produce Wi-Fi equipment and provide Wi-Fi services. WiMAX Forum www.wimaxforum.org Supported by companies that produce WiMAX equipment. WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? 1. In the computer and Internet age, data is delivered in the form of bits, which are represented within the system by fluctuations in the flow of electrons or pho- tons Oight particles). Since light travels faster than electricity, photonic switching and delivery systems are replacing electronic systems. An excellent, accessi- ble discussion of this can be found in Howstuffworks.com, "How Bits and Bytes Work". 2. U.S. Telecom Association (USTA) v. FCC, U.S. Court of Appeals, District of Columbia, May 24, 2002. See also Thomas Bleha, "Down to the Wire", Foreign Mfairs, May/June 2005. 3. AT&Ts divisions were split among Comcast, Cingular, and SBC. Either Verizon or Qwest will soon acquire MCI in 2005. Comcast and Time Warner recently announced a deal to jointly purchase Adelphia. After the two companies divvy up the new customers and swap some markets between them, Time Warner will have 14.4 million customers - 85 percent of its customers in five large clusters, with more than a third of its overall customer base in either the New York or Los Angeles metropolitan areas-and an additional 1.5 million in a partnership with Comcast. Comcast will have about 23.3 million basic cable customers of its own and an additional 3.5 mil- lion subscribers held in various partnerships. Much of its customer base is concentrated in the Boston to Washington corridor, as well as the upper Midwest. Industry analysts predict there will be further rounds of consolidation as cable companies buy their way into the wireless business. 4. MNet contracted for the use of privately owned infrastructure. In the mid-1990s, the state was criti- cized for lacking a coherent plan to prevent duplication and minimize costs. The legislature wanted MNet to be self-sustaining, and while departments were given funds to purchase services, the network received no direct subsidies unti11995. South Dakota's Rural Dakota Telecommunications Network (RDTN), on the other hand, received state subsidies to start up and was permitted to sell services to the public and private sector alike. RDTN's videoconferencing rates were half those of MNet and its public sector counterpart, Minnesota Equal Access Network Systems. 5. In December 1997, Governor Arne Carlson announced "Connecting Minnesota", a public-private partnership to create a statewide fiber-optic backbone to bring fiber optic connections to within 10 miles of 90 percent of Minnesotans. Two companies were to install and maintain the network and lease capacity to telecommunications providers. The state control 20 percent of the capacity in exchange for allowing the companies use of public right-of-ways. Construction began in November 1998, and was scheduled for com- pletion in 2001, but faced legal, regulatory and legisla- tive challenges. The Minnesota Telephone Association(MTA), the trade group for the state's phone companies, argued that no telecom provider should have exclusive building rights along state road- ways, even if the provider did not sell retail services over the network. MTA also questioned the need for the project, noting that its members had deployed over 21,000 miles of fiber-optic network throughout the state. The FCC and courts found in favor of the state, but the challenges impeded progress. In February 2001 the contract was cancelled for lack of private financing. Later that year a portion of the project was salvaged as a contract to install conduits in the Twin Cities and along 1-94 to Wisconsin. With the work that was done before the contract was cancelled, about 250 miles of Connecting Minnesota was completed, includ- ing a stretch from Moorhead to St. Cloud. 6. In the 1980s and early 1990s, broadband was used to describe rates greater than 45 Mbps, while "wide band" referred to rates of 1.5 Mbps to 45 Mbps. In the mid- 1990s, broadband came into use to describe anything 1.5 Mbps or higher. 7. Down-stream refers to the speed at which data comes into one's computer, such as incoming emails or visiting Internet sites. Up-stream refers to the speed at which information goes out of one's computer, such as sending email, posting information to an Internet site, or peer-to-peer networking. 8. The National Academies Committee on Broadband Last Mile Technology offers two definitions for broad- band: 1. Local access link performance should not be the limiting factor in a user's capability for running today's applications. 2. Broadband services should pro- vide sufficient performance-and wide enough pene- tration of services reaching that performance level-to encourage the development of new applications. 9. You can go online and estimate downloading time using various communications connections at Speed and Bandwidth of the UTOPIA Network, from M&I Partners, FiberSpeed program. 10. For a more detailed explanation of DSL and a chart comparing ADSL, VDSL, and other types of DSL, see Jeff Tyson, How DSL Works, at HowStuffWorks.com. 21 22 WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? 11. This is in part because cable companies went to greater lengths to invest in technologies using unregu- lated cable networks than in regulated telephone net- works. For more information see the discussion below, or Robert X. Cringely, "Why Your Phone Company Hates DSL," I, Cringely, PBS, February 22, 2001; U.S. Department of Commerce, National Telecommunication and Information Administration, A Nation Online: Entering the Broadband Age, September 2004. 12. Ham radio operators say the Cinergy BPL roll-out has not created the interference they expected. Mike Boyer, "Cinergy wired for expansion", Cincinnati Enquirer, April 17, 2005. 13. Federal Communications Commission, FCC-04-245, October 14, 2004. 14. These include the Manassas, VA Department of Public Works, Cinergy Corp in Cincinnati, and Idacorp in Boise. Ambient Corporation is currently testing BPL in a high-rise residential building in Manhattan. Before investor owned utilities enter the retail or wholesale telecommunications field state regulatory agencies will have to decide how to address the issue of ratepayer financing of such a venture. Some states already have pole-attachment and conduit fees in place. This is the case in Ohio, where Cinergy created a non- regulated unit called Cinergy Broadband, which pays the regulated utility for the right to use its infrastruc- ture. Texas is the only legislature so far that is consid- ering BPL enabling legislation for investor owned utili- ties. Senate Bil11748 passed in early May and a ver- sion is now being considered in the Texas House. For more information on regulatory issues in BPL see The National Association of Regulatory Utility Commissioners, Report of the Broadband Over Power Lines Task Force, February 2005. 15. Versions are indicated with letters, for example 802.11b or 802.11g. For more information, see the Wi- Fi Alliance. 16. There is no interference protection in these unli- censed bands, which represent a small part of the spectrum that has been set aside as open for public use. The federal government has auctioned spectrum licenses since the 1920s. Broadcasters pay a fee for the right to transmit on certain frequencies in certain geo- graphic areas without interference. The auction is seen as the most efficient way to allocate scarce radio spectrum, but it creates a cost barrier to access, limit- ing free speech, and adds to the cost of broadcast serv- ices. Licensed spectrum was appropriate to the tech- nology at the time it was created. However, technologi- cal advances in transmission and receiving now make it possible to share spectrum without interference. Open spectrum policy, with a phase-out of spectrum licensing, would make more efficient use of radio spec- trum, increase the frequencies available to wireless networking, and allow for higher quality of service. For a more detailed discussion of open spectrum and an explanation of why it is technically possible, see Kevin Werbach, Open Spectrum: The New Wireless Paradigm, New America Foundation, Spectrum Series Working Paper No.6, October 2002. 17. For a good explanation of how mesh networks work, see Brad Grimes, "Wireless gets connected," Washington Technology, January 26, 2004. 18. Some products already on the market are being sold as ''WiMAX compliant" because the manufactur- ers expect that their products will be certified when certification is available. It is expected that an interop- erable standard for 802.11 will be certified by 2007. 19. Kevin Suitor, "What WiMAX Certified products will bring to Wi-Fi," Business White Paper, Broadband Wireless Access, Redline Communications and WiMAX Forum. 20. The first citywide deployment of pre-WiMAX was launched by Speakeasy in Seattle in May 2005. The service area includes nearly every building in the busi- ness district, and access requires a receptor in the office window or on the roof. Speakeasy will charge businesses $500 per month for 1.5 Mbps, ahd $800 per month for 3 Mbps. The same speeds are currently being offered in Wi-Fi systems, including some in the case studies below, for less than half that price. 21. G3 technologies currently target hand-held devices and are not discussed here. 22. Alberta, entire community, Incumbent Local Exchange Carrier (lLEC, or incumbent local exchange carrier, a term used to describe the existing telephone companies when local markets were opened to compe- tition after the 1996 Telecommunications Act); Baxter, entire community, Competitive Local Exchange Carrier (CLEC, or competitive local exchange carrier, used to describe the companies that offered services in competition with ILECs); Brainerd, entire communi- ty (CLEC); Brandon, entire community (ILEC); Chokio, entire community (lLEC) , Evermoor, Rosemount Development (CLEC); Holloway, entire community (lLEC) , Lonsdale, entire community (ILEC); Milaca, entire community (CLEC); Morris, entire community (CLEC); New York Mills, entire community (ILEC); Nisswa, entire community (CLEC); Rice, entire community (ILEC); Town Lakes, Albertville Development (CLEC); Victor Gardens, Hugo Development (CLEC); Victoria, Minneapolis Development (lLEC); Windom, entire community (Municipal) . WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? 23. In the late-1990s, enthusiasm for all things Internet made it possible for startup telecom companies to obtain financing for fiber optic infrastructure. This financing came in the form of high yield debt-essen- tially equity financing with the prospect of high returns for lenders, or ownership of the asset if the borrowers cannot generate returns to pay back the debt. Manufacturers that wanted to encourage installa- tion of their products also provided vendor financing. The transmission capacity in the U.S. increased 500- fold, due to the amount of fiber laid and advances in transmission technologies while demand only quadru- pled. Similar to the private electric utilities in the 1920s, there were too many firms expanding parallel networks. Far more capacity-especially long-distance capacity-was installed than demanded. Most of these companies went bust. Unused fiber optic capacity became so common it was given its own name-"dark fiber", referring to fiber that is installed but not used to carry traffic. It has been a tremendous resource for universities and the research community. A mile of fiber that sold for $1,200 before the telecom bust could be purchased for $200 after, putting universities in the position to buy their own networks for less than the cost oflong term leases. For more on universities and dark fiber, see Florence Olson, "Lighting Up Dark Fiber", The Chronicle of Higher Education, March 14, 2003. 24. Florida Public Service Commission, Office of Market Monitoring and Strategic Analysis, Broadband Services in the United States: An Analysis of Availability and Demand, October 2002. 25. Of those households that do not have an Internet connection of at least 200 kbps, the most common rea- son cited is "not interested" (44 percent). ''Too expen- sive" runs a close second, however, at 39 percent, and another 10 percent say service is not available where they live. Income is the best predictor of whether or not a household has broadband: households with incomes of $75,000 or more are two to three times more likely to have broadband than those with incomes of $35,000 to $50,000. U.S. Department of Commerce, National Telecommunication and Information Administration, A Nation Online: Entering the Broadband Age, September 2004. 26. Sanford Nowlin, "Castroville and other towns try- ing electric lines for a faster web", San Antonio Express-News, March 24, 2005. 27. Nearly two-thirds of American households with Internet access use a dial-up connection, even though broadband technology has been available for two decades. BellSouth deployed its first FITH network in Florida in 1986. Speeds of 1.5 Mbps over copper lines-the speeds offered by most DSL providers today-were possible in 1990. 28. For an overview of I-Nets see Baller Herbst Law Group, The FAQs About Institutional Networks. 29. MuniWireless.com maintains a list of pending broadband bills that restrict municipal ownership and/or operation of telecommunications systems. 30. The FCC denied a challenge to the law by the Missouri Municipal League. The U.S. Supreme Court upheld the FCC decision in Nixon v. Missouri Municipal League in March 2004. 31. For a complete list of state restrictions see the American Public Power Association's list of state barri- ers to community broadband service. 32. Minn. Stat. Ann. ~ 237.19 states: "Any municipality shall have the right to own and operate a telephone exchange within its own borders, subject to the provi- sions of this chapter...if the proposal is to construct a new exchange where an exchange already exists, it shall not be authorized to do so unless 65 percent of those voting thereon vote in favor of the undertaking." 33. See George S. Ford, "Does Municipal Supply of Communications Crowd-Out Private Communications Investment? An Empirical Study", ApPlied Economics Studies, February 2005. 34. In exchange for this requirement, Congress reduced federal regulation of the cable and telephone industry and allowed companies to enter new geo- graphic and product markets. The regional bells were allowed to operate local telephone exchange services and to offer long distance as well as cable 1V service, and become involved in equipment manufacturing. 35. Terrence P. McGarty, Ravi Bhagavan, Municipal Broadband Networks: A Revised Paradigm of OwnershiP, MIT Internet and Telephony Consortium Group, August 2002. 36. Federal Communications Commission, News Release, March 14, 2002. 37. In effect, this resulted in their holding back the implementation of the regulatory aspects of the 1996 Act while allowing them to take advantage of the deregulatory aspects. 38. In August 2003, the FCC ruled that ILECs do not have to share new fiber optic networks with competi- tors. John Borland and Ben Charny, "New broadband rules draw criticism", CNET News, August 21,2003. In 2004, the FCC extended this ruling to include fiber optic cables installed as part of existing copper net- works. Marguerite Reardon, "Baby Bells win another FCC victory", CNET News, August 5,2004. 39. The cases of National Cable Telecommunications Association v. Brand X and FCC v. Brand X, Nos. 04- 277 and 04-281, were consolidated The underlying dis- pute is over the classification of cable modem service under the 1996 Telecommunications Act. In March 2002, the FCC ruled that Internet access through a cable modem should be classified as an information service. The 9th Circuit Court of Appeals had ruled in 2000 that it should be regulated as a telecommunica- tions service. In Brand X, the court noted that cable modem service consists of two elements: a transmis- sion pipeline and the Internet service transmitted over that pipeline. The court found that it was bound by its previous decision, and gave no deference to the FCC rule because it could have taken a position earlier than it did, but chose not to. The decision in the case may hinge on whether or not the court should have deferred to the FCC decision, rather than classifica- tion. 23 24 40. Thomas Bleha, "Down to the Wire", Foreign Affairs, May/June 2005. 41. Ibid. 42. Bleha, op cit. 43. Center for Rural Policy and Development, Broadband Access in Rural Minnesota, April 2004. It is difficult to offer precise figures on broadband accessi- bility. The FCC reports the number of providers by zip code, but it does not report the number of providers when three or fewer providers report having sub- scribers in a zip code. The percentage of broadband subscribers that have service through the regional Bells, cable television companies, or competitive carri- ers cannot be discerned from the FCC's reporting, because some data is ''withheld to maintain confiden- tiality." FCC, Local Telephone Competition and Broadband Deployment, High Speed Services for InternetAccess, 12/04 Release. 44. Competing providers do have access to Qwest's telephone infrastructure. But they are charged ahnost as much to access Qwest's phone lines as Qwest charges its residential customers for DSL Internet access. Thus their rates are not competitive. For exam- ple, Visi.com, the number one reseller of Qwest DSL services, charges $20 per month for their ISP service plus $28 per month for Qwest's line charge, while Qwest charges $40 per month for the same package. 45. For a summary and discussion of studies see S. Renzetti and D. Dupont, "Ownership and Performance of Water Utilities", Greener Management International, No. 42, 2003. 46. See John M. Kelly, Paying the Bills, Measuring the Savings, American Public Power Association, March 2005; and Jim Baller, Responses to SBe's examPles of supposed municipal 'Jailures", Baller Herbst Law Group, April 3, 2005. For example, Marietta, Georgia is often cited as a failed public system because it was sold to a private company before the city fully recouped its $35 million investment. The Marietta net- work had posted positive earnings before interest, taxes, depreciation and amortization (EBITDA, a com- mon industry accounting measure) since it began operation in 2001, and was on track to post net positive earnings beginning in 2006. The private company that purchased the system has made no changes in its management or operations. 47. In May 2003, WorldCom paid a $1.51 billion, which paid investors about 30 cents on the dollar. Adelphia paid a $715 million settlement to settle a federal fraud investigation in April 2005. The Global Crossing inves- tigation was settled with an administrative agreement. Criminal charges for conspiracy and fraud are current- ly being pursued in the case of Enron Broadband. 48. William J. Ray, "Infotricity: Why Muni Electrics like Cable TV", Public Utilities Fortnightly, November 15, 2000. 49. AT&T v. Portland, Ninth Circuit Court of Appeals, June 22, 2000. WHO WILL OWN MINNESOTA'S INFORMATION HIGHWAYS? 50. In late May 2005, Texas House Bill 789 died when House and Senate conference committee members could not agree on a compromise between the House bill, which banned municipal telecommunications net- works, and the Senate bill that promotes community Internet services. As of early June, telecommunica- tions industry lobbyists pressuring state legislators to add the House bill to the special session agenda. For more information see www.savemuniwireless.org. 51. Todd Wallach, "Verizon CEO sounds off on Wi-Fi, customer gripes," San Francisco Chronicle, April 16, 2005. 52. No Competition: How Monopoly Control of the Broadband Internet Threatens Free Speech, ACLU White Paper, 2002. 53. "Ti is a term coined by AT&T for a system that transfers digital signals at 1.544 megabits per second (as opposed to ISDN's mere 64 kilobits per second). Of course, ifTI doesn't cut it, there's always 1'3. (f2 seems to have been bypassed altogether." CNET Glossary. 54. At some frequencies, radio waves travel in a straight line and do not follow the curve of the earth's surface. line-of-sight technology requires that the transmitter and receiver can "see" each other; that is, they must be high enough that they are not obstructed by objects on the ground (or the ground itself). Non- line-of-sight technologies get around this problem by sending an array of elements, the signals of which can move through the air separately before reassembling at the receiving end. For a more detailed explanation see Brad Schrick and Michael J, Riezenman, "Wireless Broadband in a Box", IEEE Spectrum Online, June 2002. 55. Phil Davies, Broadband.gov, FedGazette, Federal Reserve Bank of Minneapolis, November 2004. 56. In a roaming access system, users can fire up their laptop or PDA anywhere in town and be able to log in to the network with the same password they use at home. They can also move from one place to another without losing the signal, provided they remain within the network coverage area. This is useful for police and, for example, municipal inspectors, who may need to access information from anywhere in the city. 57. Gerry Blackwell, "CLECs Selling Cable TV. Marketing Suicide?", ISP Planet, 2001. 58. Coverage map 59. Residential service requirements are now 64 kbps for voice, 1 Mbps for data, and 10 Mbps for video. They are expected to grow to 128 kbps voice, 5 Mbps data, and 54 Mbps video in the near future, so the available bandwidth of 100 Mbps per subscriber is expected to be adequate to service demands. 60. Provo, Utah Mayor Lewis Billings testified before the U.S. House Telecommunications and Internet Subcommittee in favor of municipal broadband on April 27, 2005.