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Community LANs: Tomorrow's Public Roads?

by Mitch Shapiro

"Imagine a world," says Mike Bookey, "where private monopolies owned the public road system and set the access rules. Federal Express might be allowed to use the local roads to deliver its packages, but not Airborne, UPS and other competitors."

Most of us would find such a world inefficient, unfair and downright offensive. As his listener's sense of outrage begins to stir, Bookey continues. "Why should the building and operating of the digital road system," he asks, "be any different than the public road system?" "Hmm…well, uh…let me think about that a minute," replies the listener. Bookey's achieved his first goal. He's got your attention, and, more importantly, he's got you beginning to think outside the telecom-industry box.

Meet Mike Bookey, and the concept of Community LANs--gigabit-speed optical LANs owned and controlled by local communities. In contrast to the vertically-integrated gatekeeper business models preferred today by cable operators and ILECs, C-LANs are wholesale "IP-utilities" that provide local high-capacity managed IP platforms designed to support a wide range of competitive retail service providers.

Bookey has spent most of his 30-years in the datacom industry using networks to transform economic and social institutions. From the early 70s to the mid-80s he was a pioneer in the development of electronic banking systems. In the late 80s through the mid-90s he was a leader in the movement to wire school computers to each other and to the emerging Internet.

Today Bookey is among those who see a growing need for networking initiatives at the local community level to parallel the rise of the global Internet. Optical C-LANs, he argues, can provide a strong foundation for creating: 1) abundant, ubiquitous and standards-based network capacity; 2) healthy competition and reduced barriers to entry; 3) rapid development and provisioning of new broadband services; 4) substantial savings in transportation costs and; 5) enhanced economic growth and quality of life. Like many in the industry, he questions the ability of existing local broadband platforms (DSL and DOCSIS cable modems) and the associated industry structure (vertically integrated duopoly) to efficiently achieve these goals.

Bookey's concept of C-LANs is similar to the notion of Public LANs (P-LANs) outlined in a White Paper published last year by Nortel. The paper described P-LANs as "city or regional networks modeled after the Internet, but designed like corporate Intranets. They combine the openness of the Internet with the performance and economics of local area networks." P-LANs' geographic focus, said Nortel, "allows for improved quality/performance and positions them as innovators for advanced Internet applications."

The Nortel paper concluded that the "unique architectural design" of P-LANs, "based on providing a simple, yet comprehensive address plan and large amounts of end-to-end bandwidth…offers a new model that can be leveraged by users and providers alike."

To help make that new model a reality, Bookey has founded two companies dedicated to designing, building and managing optical C-LANs. The first, ViaLight, already has an optical C-LAN operational at Issaquah Highlands, a 3,350-home residential development 15 miles east of Seattle that is the future home of Microsoft’s second major business campus. The goal of his most recent startup, FTTX Systems, is to develop C-LANs in new housing developments and through alliances with public utilities.

A way to escape the Death Trap

In Fat Pipe's March issue, an article entitled "Death Trap" by editor Gary Kim began with a statement that reflected the thoughts and feelings of many in the industry: "We hate to say it," wrote Gary, "but the Telecommunications Act is dead." The article closed with a warning to "get ready for monopoly, at least in the consumer space."

In its review of the regulatory and competitive landscape, the article cited the Open Market Plan model adopted by Rochester Telephone as one approach with potential for salvaging competition in the local loop. The ILEC (now part of Frontier Communications) had split itself into a common carrier wholesale infrastructure company and a retail sales organization. As Gary noted, "the Rochester model provides a business model clearly differentiated from what we seem to be facing today."

The same is true of C-LANs. And, importantly, they don't require ILECs to voluntarily split themselves into separate wholesale and retail entities, nor legislation that mandates such break-ups--neither of which seems very likely.

The road metaphor: public ownership vs. regulation

In light of recent industry developments, some have argued that the local broadband market is regressing to a private monopoly/duopoly mode of operation and that this trend calls for regulation to compensate for the resulting distortions in market function.

A better approach, says Bookey, is for direct public control of the network. Local digital networks, he says, need to be controlled by the community for the same reason local roads are: they are too important to the community to have decision-making in the hands of remote executives and shareholders.

Bookey's arguments rely on the premise that ubiquitous optical last-mile networks, like roads, are natural monopolies (or, at most, duopolies). The recent cutoff of capital and subsequent collapse of competitive CLEC and DLEC sectors suggests that capital markets increasingly view local broadband networks as natural monopolies or duopolies. And incumbents often appear to confirm this notion in their presentations to investors about the market impacts and financial viability of upstart competitors.

As is the case with roads, says Bookey, it makes most sense economically and logistically for a community to build just one high-capacity open-access network. He challenges critics of public ownership to present convincing evidence that private monopolies provide better overall value than publicly-run monopolies.

Bookey sees other parallels between local roads and C-LANs. Both require a comprehensive addressing plan (street addresses; IP addresses), active routing technology (smart traffic lights; high-speed routers), connectivity rules (rules of the road; network protocols), security and rules enforcement (laws & police; network security and privacy protection). And, importantly, both are open to the general public on a fair and equal access basis and achieve beneficial "network effects" by interconnecting every location within a community.

And just as a combination of public funding and usage fees (e.g., gasoline taxes and tolls) have financed road construction and maintenance, Bookey believes a similar financial model makes sense for C-LANs.

In our public road system, private industry makes its money by building roads, manufacturing concrete, asphalt, traffic lights, etc. and using roads to deliver goods and services. But the public retains ownership and makes key policy decisions (e.g., when and what roads to build), sets the rules, insures open access, etc. Bookey argues that a similar set of relationships makes sense for C-LANs.

An open, optical platform breeds a healthy market

Among those likely to benefit from the proliferation of C-LANs, says Bookey, are CLECS and IP service providers that would have access to a high-capacity optical network on a fair and equitable basis.

An assortment of vendors would also benefit. These would include suppliers of switches, routers, servers, optical cable and components, service providers, information appliance manufacturers, home automation vendors and software developers.

Last but not least, are the benefits to the local community, starting with lower prices and improved services generated by healthier competition among retail service providers. Another potential benefit, says Bookey, is significant savings in road construction, mass transit projects and commuting costs if even a modest percentage of car trips could be transferred to the digital road system.

Bookey also foresees major benefits to a community if every one of its government, utility, public service, education and health care facilities had a symmetrical gigabit-per-second link to each other and to every home and business in that community.

Critics of public ownership argue that, in addition to being poorly equipped to manage a telecom business, "public" entities would have unfair competitive advantages relative to private-sector incumbents, including access to lower-cost capital, close ties to local governments and, in some cases, tax-related advantages.

Bookey counters that incumbents could benefit by exploiting the vast capacity of optical C-LANs. As incumbents, he says, they would be well positioned to retain existing customers, especially if they use C-LANs to deliver new services not readily supported on their existing networks. C-LANs would also allow them to compete for customers outside their network footprint, focus investments on high margin services and free themselves from costly upgrades and maintenance of legacy copper and coax networks.

And, since the transition from telephone and cable last-mile infrastructures to C-LANs would be gradual, says Bookey, incumbents would have ample time to transition their business services and investments. And, to the extent they use C-LANs to deliver services, incumbents would benefit from the latter's access to low-cost capital.

As critics point out, the history of public networks has had its share of failures. They cite reasons ranging from too much politics and bureaucracy to insufficient technical, managerial and marketing expertise.

Why, they ask, should be we expect C-LANs to perform any better than the institutional networks built by cable operators since the early franchising days? Bookey contends that community-wide IP-based optical C-LANs operating in an increasingly IP-based world would be a far cry from these early I-Nets. These pre-Internet local networks typically grafted proprietary datacom technologies to low-performance cable networks designed to deliver analog broadcast video. In many cases cable operators did not view I-Nets as an investment opportunity but as a cost they must incur to win a local franchise. This attitude was not conducive to strong long-term planning, management and maintenance of these networks. And, importantly, I-Nets were not well integrated with the residential cable network.

Some public network supporters, citing the industry's current rash of business failures, challenge their critics to prove that the private sector has had a significantly better record of success.

Bookey argues that the real issue is not whether early failures occur, but whether their lessons are learned, whether a business model is fundamentally sound and--if given a chance to take root in reality--it can achieve desired results faster, better and cheaper than the alternatives.

The last shall be first

Though Bookey believes C-LANs have a place in metro markets, he sees the nation's smaller towns--especially those served by publicly owned utilities--as the natural place to start. Often suffering economically and lacking broadband service from incumbents, many of these communities feel a growing urgency about their need for broadband. At the same time, some have local utilities able to contribute key resources needed to support a C-LAN--including access to low cost, patient capital.

Some optical vendors are also targeting smaller communities. Bernard Daines, CEO of World Wide Packets, for example, sees public power companies as "first movers" in the deployment of his company's gigabit Ethernet technology. Among the key reasons he cites are their longer financial time horizons, community-service orientation and experience with utility-related telecom.

The Grant County Public Utility District (GCPUD) in Washington state is one of WWPs first customers and one of the first public utilities to deploy an optical C-LAN. Under a Washington state law passed in March 2000 GCPUD is limited to providing wholesale service, a restriction that does not conflict with the C-LAN business model (see sidebar for a review of market and legal trends in other states).

According to Jonathan Moore, senior telecommunications engineer at Grant County Public Utility District (GCPUD), the utility is spending $3,500 per customer location today as it begins to deploy its optical gigabit network, dubbed "Zipp." He expects this cost to fall to $3,000 by yearend and $2,500-$2,600 by early 2002. Roughly 85% of the network will consist of aerial plant.

Though these prices would not be well received by private investors evaluating a largely residential broadband network--especially in today's tight capital markets--Moore says GCPUD, "as a government agency" is "less time constrained." He says the utility’s business plan includes a 15 year capital recovery period, with network electronics amortized over five years and the system expected to go cash positive in 6-7 years. This assumes that take rates rise from an initial 5% to 40%, which Moore suggests could prove conservative.

GCPUD's approach to the C-LAN wholesale model is an interesting one. It charges $4.00 per terabit of data flowing into the network with a minimum monthly access charge of $40, which covers up to 10 terabits of traffic (GCPUD does not charge customers for downstream traffic they receive from the network, though retail service providers may). There is also a one-time installation fee of $300. This fee structure applies to both consumers and businesses, including ISPs and other service providers.

Moore says initial ISP retail prices started in the $35-$40 range, but have since come down to $9-$25 as competition has taken hold. Northwest Telephone, based in Wenatchee, WA, has begun offering voice-over-IP service for $15 a month. Northwest Broadband is charging $40 a month for a package of roughly 70 video channels. Moore predicts this price will decline as additional video providers enter the market, a process already in the works.

GCPUD is hoping that the combination of its low wholesale fee structure for retail service providers coupled with competitive price cutting will allow county residents to receive a much higher level of service using Zipp for roughly the same price (including its minimum $40 per month access fee) they might otherwise pay for voice, video and data services using alternatives. It is also using the network for internal utility functions, including electronic meter reading and, later on, more sophisticated customer-controlled energy management functions.

Zipp's link to the outside world is NoaNet (Northwest Open Access Network), which operates a fiber backbone with 24 points of presence in the region. NoaNet is a non-profit corporation formed last year by 18 PUDs in the region, including GCPUD.

To make fiber transport more affordable in the state's low density areas, NoaNet charges distance-insensitive "postage stamp" rates. This improves the economics of linking remote communities to centralized "master headend" facilities by allowing the latter's equipment to be more economically shared among a larger but geographically dispersed user base. Other public utilities linked to NoaNet are watching Grant County closely and considering whether and how to pursue a similar model in their own communities.

Though their needs and resources are different than small towns, Bookey believes a strong argument can also be made for building C-LANs in the nation's major markets.

One potential spawning ground for the C-LAN model is low-income urban areas that have been a low priority for incumbent's broadband investments. The city of Chicago, for example, is in the process of soliciting proposals to build and operate CivicNet, an optical network reaching government offices, non-profit agencies--and eventually private businesses and homes-- in underserved parts of the city. With its $32 million in annual telecom expenditures, the city will be an anchor tenant on the network. It is also contributing resources to the project, including rights of way, conduit space and fiber.

City officials say the primary driver of the project is to promote economic development in the targeted areas. Rather than mandate a particular model for ownership, control and financing of the network, they are encouraging the development of new models by companies and consortia submitting proposals. The C-LAN model would seem to have some relevance here.

A better use of public transportation dollars?

According to Bookey, C-LANs could help reduce the traffic problems that plague most major metro markets. "How many cars in rush hour traffic," he asks, "are actually delivering information…transporting employees' bodies to work so their employers can gain high-bandwidth access to their minds?"

Citing Seattle as an example, Bookey says the public is currently spending billions of dollars on ineffective solutions to transportation problems that could be better addressed by investments in C-LANs.

According to King County Councilman Rob McKenna, the Puget Sound Regional Council is considering spending $18 billion over 30 years to construct a light rail system that is projected to shift an additional 1.1% of commuter trips from cars to mass transit. Bookey believes a C-LAN could take a significantly bigger bite out of the city's traffic problems at a much lower cost. And, whereas the rail system would provide a mere 125 miles of connectivity, a C-LAN could interconnect every property in the Seattle area.

The table below outlines the impact a C-LAN might have if funded with some of the $18 billion Seattle is considering spending on its light rail system. Based on numbers suggested by Moore and Bookey, the table considers two different C-LAN capital cost scenarios: $3,500 and $2,300 per connection. The former might apply if Gigabit Ethernet electronics were used today, while the latter might apply to 100 Mbps Ethernet today or Gigabit Ethernet a year or two from now.

Based on these cost assumptions, a C-LAN serving Seattle could reach all of the metro area's 1.1 million homes and nearly 80,000 businesses for just 16-23% of the cost to construct the planned rail system.

The table also considers two different scenarios in terms of the shift from automobile to C-LAN as a mode of commuting. In the more conservative scenario the average household shifts just one monthly commute to the C-LAN. The second scenario assumes one weekly C-LAN commute per household. In both cases we assume an average of 1.5 commuters per household. Based on these assumptions the conservative scenario would yield a 3% incremental shift away from highway commuting, nearly three times as much as the proposed rail system. The more aggressive scenario would shift 13% of total commutes to the C-LAN.

Other assumptions used in the table include an average round trip commute of 20 miles, fuel efficiency and gasoline costs of 18 miles and $1.65 per gallon, respectively, and total vehicle operating costs of 31 cents per mile.

The C-LAN's capital costs are 50 times annual commute savings in the scenario with $3,500 per-connection costs and one monthly C-LAN commute per household. This drops to less than 12 times annual savings when we assume an average of one C-LAN commute per week and 7.6 times annual savings when we also cut C-LAN capital costs to $2,300 per connection.

On a per-household basis, the average monthly commute savings came to $6.20 in the scenarios based on one C-LAN commute per month and $26.85 in those based on one weekly C-LAN commute.

This analysis--simplistic as it may be--suggests that, for less cost, C-LANs might generate greater reductions in commuter traffic than the rail systems now being considered as major public spending priorities in cities around the country. It also suggests the possibility that telecommuting-related savings alone could justify public C-LAN investments. To the extent this is true, it means that the other benefits of a ubiquitous high-capacity, multi-purpose C-LAN could be realized at minimal public expense.

Table 1: C-LAN Commuting in Seattle

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Total businesses served by C-LAN* 79,846 79,846 79,846 79,846
Total households served by C-LAN* 1,129,904 1,129,904 1,129,904 1,129,904
C-LAN capital cost per connection ($) 3,500 3,500 2,300 2,300
Total C-LAN capital cost ($) 4,234,125,000 4,234,125,000 2,782,425,000 2,782,425,000
         
Average round trip commute distance (miles) 20 20 20 20
Average commute days per month 22 22 22 22
Average # of commuters per household 1.5 1.5 1.5 1.5
Total monthly commutes per household 33 33 33 33
Avg monthly "C-LAN commutes" per household 1 4.33 1 4.33
% of monthly commutes shifted to C-LAN 3% 13% 3% 13%
         
Mileage savings per year 271,176,960 1,174,196,237 271,176,960 1,174,196,237
Avg. commuter mileage per gallon 18 18 18 18
Gallons of gas saved per year 15,065,386.67 65,233,124.27 15,065,386.67 65,233,124.27
Average cost per gallon of gas ($) 2 2 2 2
Direct gasoline savings per year ($) 24,857,888 107,634,655 24,857,888 107,634,655
Total operational cost per mile ($) 0 0 0 0
Total commute cost savings per year ($) 84,064,858 364,000,833 84,064,858 364,000,833
         
C-LAN capex multiple of annual gasoline savings 170 39 112 26
C-LAN capex multiple of annual commute savings 50.4 11.6 33.1 7.6
         
Monthly commute savings per household ($) 6.20 26.85 6.20 26.85
Minutes spent per round trip commute 60 60 60 60
Monthly commute hours saved per household 1.0 4.3 1.0 4.3
         
* Based on 200 census data for King, Pierce and Snohomish counties.        
Source: FTTX Systems and Broadband Markets        
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Paying back the investment

To get a rough sense of what kind of revenue a C-LAN would have to generate to be economically viable, we put together a simple model based on a community of 100,000 passings--93,000 homes and 7,000 businesses. The model assumes an average fixed network cost of $900 per passing and a variable cost per connection of $1,400 for electronics. The latter might correspond to 100 Mbps Ethernet electronics today or gigabit electronics a year or so from now.

We considered three different scenarios in terms of connection/penetration rates. The first corresponds to the pure "C-LAN Public Utility" model, in which every location in the community is connected to the network and would probably be receiving at least some type of service (e.g., automatic meter reading, free narrowband access to the Internet and/or to a local community Intranet). In this model the C-LAN would incur the cost of hooking up every location, including those that did not generate significant revenues from retail services delivered over the network.

The other two scenarios assume that customers are connected only when they sign up for one or more service offered over the network. The first of these assumes a 50% connection rate. This might apply to an area like Grant County, where incumbents' networks provide no or limited broadband availability to homes and small businesses. The second assumes 25% penetration, which might correspond to a metro market where cable operators and/or ILECs were delivering broadband services on their own networks prior to the C-LAN's launch and chose to continue doing so after the launch.

We estimate the per-connection revenue requirement for each of these three penetration scenarios under two sets of assumptions regarding depreciation practices and the cost of capital. The first, labeled "Public Capital" is meant to apply to a "public" or "government" entity that typically can raise money at lower costs and often depreciates its assets more slowly than private companies. This scenario assumes a 6% discount rate and depreciation of the fiber network over 25 years and electronics over six years. The second, labeled "Private Capital," is meant to depict a private venture likely to face a higher cost of capital and use shorter depreciation schedules. It assumes a discount rate of 10% and a useful life of 12 years for the fiber network and four years for electronics.

Based on these assumptions, we calculate the annual operating cash flow required to pay back the network's capital costs. Then, assuming 60% operating margins for the wholesale C-LAN, we calculated a "required monthly revenue/savings per connection." We included possible savings as well as revenues, since these could be part of the equation for a public utility (e.g., savings from automatic meter reading and reductions in capital and operating costs due to lower peak demand levels) and potentially for other public agencies (e.g., lower public transit costs driven by increased telecommuting).

Table 2: Optical C-LAN Revenue Requirements

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    "Public" Capital     "Private" Capital  
Total passings 100,000 100,000 100,000 100,000 100,000 100,000
Residential 93,000 93,000 93,000 93,000 93,000 93,000
Business 7,000 7,000 7,000 7,000 7,000 7,000
Fixed infrastructure cost per passing $ 900 $ 900 $ 900 $ 900 $ 900 $ 900
Connection penetration of passings 100% 50% 25% 100% 50% 25%
Total connections 100,000 50,000 25,000 100,000 50,000 25,000
Residential 93,000 46,500 23,250 93,000 46,500 23,250
Business 7,000 3,500 1,750 7,000 3,500 1,750
Variable cost per connection $ 1,400 $ 1,400 $ 1,400 $ 1,400 $ 1,400 $ 1,400
             
Total cost per passing $ 2,300 $ 1,600 $ 1,250 $ 2,300 $ 1,600 $ 1,250
Total cost per connection $ 2,300 $ 3,200 $ 5,000 $ 2,300 $ 3,200 $ 5,000
             
Total fixed capital cost ($) 90,000,000 90,000,000 90,000,000 90,000,000 90,000,000 90,000,000
Total variable capital cost ($) 140,000,000 70,000,000 35,000,000 140,000,000 70,000,000 35,000,000
Total capital cost ($) 230,000,000 160,000,000 125,000,000 230,000,000 160,000,000 125,000,000
             
Discount rate 6% 6% 6% 10% 10% 10%
Fixed cost payback period 25 25 25 12 12 12
Annual operating cash flow to pay back fixed cost ($) 7,040,405 7,040,405 7,040,405 13,208,698 13,208,698 13,208,698
Variable cost payback period 6 6 6 4 4 4
Annual operating cash flow to pay back variable cost ($) 28,470,768 14,235,384 7,117,692 44,165,913 22,082,956 11,041,478
Annual oper. cash flow to pay back all capital costs ($) 35,511,173 21,275,789 14,158,097 57,374,611 35,291,655 24,250,176
             
Operating margin 60% 60% 60% 60% 60% 60%
Required wholesale revenue/savings per year 59,185,288 35,459,648 23,596,828 95,624,351 58,819,424 40,416,961
Req'd monthly wholesale rev./savings per connection $ 49 $ 59 $ 79 $ 80 $ 98 $ 135
             
Residential share of revenue 75% 75% 75% 75% 75% 75%
Required monthly wholesale rev./savings per connect            
Per residential connection $ 40 $ 48 $ 63 $ 64 $ 79 $ 109
Per business connection $ 176 $ 211 $ 281 $ 285 $ 350 $ 481
             
Wholesale transport as % of avg. retail service price 60% 60% 60% 60% 60% 60%
Required monthly retail revenue/savings per connect            
Per residential connection $ 66 $ 79 $ 106 $ 107 $ 132 $ 181
Per business connection $ 294 $ 352 $ 468 $ 474 $ 584 $ 802

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This monthly per-connection "wholesale revenue/savings" hurdle rate ranged from a low of $49 (100% penetration) to $79(25% penetration) in the "Public Capital" scenarios. The comparable range for the "Private Capital" scenarios was $80-$135.

To flesh the model out a little more we assumed that: 1) residential customers, which account for 93% of total connections, would generate 75% of total revenue and; wholesale transport costs would account for 60% of retail service prices.

Based on these assumptions the model yielded payback-hurdle rates for monthly retail revenue/savings ranging from $66-$106 per residential connection in the "Public Capital" scenarios and from $107-$181 per residential connection in the "Private Capital" scenarios. The ranges for the business market were $294-$468 for the "Public Capital" scenarios and $474-$802 for the "Private Capital" scenarios.

One way to interpret these figures is that the "Public Capital" scenarios are likely to be supported by today's mix of services, but that the "Private Capital" scenarios would be much more heavily dependent on "new" service revenues and C-LAN-related savings. For the residential market we based this on average monthly revenue of $120-$135, assuming $40-$45 each for voice, video and high-speed data. For the business market we based it on a Fat Pipe estimate of roughly $500/month for a typical small/medium enterprise telecom bill (see table on page 48 of "Metro Competition: The Next Wave" in the May 2001 issue).

If we assumed that a C-LAN would be funded in a manner similar to public transit, the result would be an even lower cost of capital than the 6% used in our "Public Capital" scenarios. According to McKenna, only about 25% of the Seattle region's 1997-2009 transportation budget is funded by bonds. Most of the remainder comes from local taxes and federal grants. If we used this same mix for a C-LAN and counted the tax dollars and federal grants as "zero-cost" dollars from the standpoint of the C-LAN, the blended cost of capital with 6% bonds would be just 1.5%. In the 100%-connection scenario (the one most akin to a public utility model) this would reduce the per-connection hurdle rate from $49 to $40 per month in wholesale revenue and/or savings.

No doubt some in the industry will dismiss the C-LAN model as a fat-pipe dream too divorced from today's public policy and marketplace realities. But with the Telecom Act's competitive model withering on the vine, others may welcome the cultivation of new models in rural areas like Grant County and urban centers like Chicago and Seattle.

In light of its potential to address some of the industry's--and society's--pressing problems, the C-LAN model seems worthy of at least a serious debate on the merits--within the industry and also in the public policy arena. We hope this article helps get that debate rolling.

Sidebar: A Battle Over Market Entry

According to the American Public Power Association (APPA), approximately 14% of Americans receive electricity from a public power utility. Though this includes a handful of major cities--including Los Angeles, Seattle, Cleveland, Nashville, Jacksonville, San Antonio and Austin--more than 75% of the nation's 2,000 "public" utilities serve communities with populations of less than 10,000 people.

Based on available data, we'd speculate that most of the customers served by this 75% lack access to cable modem or DSL broadband service today and, absent government mandates or incentives, are not likely to gain access anytime soon. This lack of access has fueled expanding interest among public utilities in providing broadband services in their communities.

At the end of 1999, 82 municipalities or public power companies were providing cable TV service, 26 were offering local phone service and 92 were in the ISP business, 56 of them offering high-speed access.

Watching these numbers grow, telecom incumbents have begun to push for state laws that restrict market entry by municipalities and public power companies. APPA says at least nine states have placed significant restrictions on its members' telecom activities: Arkansas, Florida, Missouri, Minnesota, Nevada, Tennessee, Texas, Utah and Virginia.

In May of this year, APPA scored its first legal victory against this legislative trend. A U.S. District Court struck down a Virginia law that prohibited public power companies from providing telecom services to other entities. The basis for the court's ruling was that Section 253(a) of the 1996 Telecom Act bars states from prohibiting "any entity" from providing telecom services. That decision is now on appeal.

The Virginia ruling contrasted with an earlier one by the D.C. Circuit Court in City of Abilene v. FCC. In that case the court agreed with the FCC that "Congress, in using the word 'entity' in 253(a), had not expressed itself with sufficient clarity to warrant federal interference with a state's regulation of its political subdivisions." APPA claims this decision ignores the Act's Conference Committee agreement, which states that "explicit prohibitions on entry by a utility into telecommunications are preempted under this section [253(a)]." In Missouri, the Eighth Circuit Court is hearing a similar case, with oral arguments expected this fall.

While its members fight state barriers to entry in the courts, APPA has asked the FCC to modify its interpretation of the definition of "any entity" and Congress to clarify its meaning of the term.

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