5.3. ERMUSR 03-14-2006 - Laserfiche WebLink

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~~~~..~~ Minnesota Municipal Uti/ities Association P®~ition Statement Municipal Telecommunications Modern, affordable telecommunications infrastructure is key to economic growth in the 21St century. Unfortunately, some areas in Minnesota are without this infrastructure. Others suffer with unreliable, slow, or expensive service. Studies show that the U.S. is rapidly falling behind other industrialized countries in the deployment of broadband services. A key factor in this fact is the lack of a national broadband policy. MMUA and its national affiliate-the American Public Power Association (APPA)-urge Congress to adopt pro-consumer policies that will foster the deployment of broadband delivery systems by any entity willing to do so, including municipalities and public power systems. Why municipal telecommunications? Municipal utilities are at the cutting edge of providing broadband technology service in Minnesota and across the nation by offering a variety of wireless, DSL, broadband power line and fiber optic broadband services. Technological advances, especially Wi-Fi, a wireless network protocol that uses unregulated spectrum often used for wireless local area networks, is being put into place to improve existing municipal operations. This technology makes high-speed, low-cost Internet access available on a ubiquitous, mobile basis. Perhaps because of technological advances, telecom and cable companies are seeking to restrict municipal telecom services. Lawmakers should resist any such effort. The interests of entrenched telephone and cable companies must not be placed above the right of citizens to meet their own needs for essential infrastructure. Municipal communications utilities: (1) drive economic development, serve existing business and industry and attract new ones; (2) improve the efficiency of the city and other local government institutions, including utilities; (3) keep customer savings in the community, where further economic activity is spurred; (4) provide a wide variety of other public purposes that citizens, tlu-ough their elected and appointed officials, demand. In short, they close the digital gap that existed before their establishment. Courts thwart Congressional intent. The Telecommunications Act of 1996 provides that states cannot ban "any entity" from providing telecommunications services. 47 U.S. Code §253. Unfortunately, the courts have not honored the plain language of the statute and have approved state laws that prohibit local governments from providing needed telecommunications services. Missouri passed a state statute that banned local governments in Missouri from offering telecommunications services. The local governments, represented by the Missouri Municipal League, wanted the Federal Communications Commission (FCC) to preempt the state law, under Section 253. The question before the courts was, does Section 253