Fixed Wireless Business

ISPCON: Keynote Speaker Says, "This is Your Opportunity"

While big companies fight them, local ISPs should see the latest broadband builders as an opportunity, not a threat.

by Alex Goldman ISP-Planet Managing Editor [July 12, 2005]

Jim Baller is famous. As cities and even counties start to think about installing their own wireless broadband networks, the issue that Baller has placed at the core of his law practice has given him speaking engagements across the nation. One of his many recent speeches was a keynote at Spring ISPCON 2005 in Baltimore, Md.

Baller is a senior principal of the eponymous Baller Herbst Law Group, which is based in Washington, D.C. and Minneapolis, Minn.

Baller began his keynote by recommending the work of others in an sincerely humble gesture of support for Esme Vos' webiste muniwireless.com. He also posted a collection of useful links on the topic.

He warned the audience that legislators, influenced by the RBOCs and others with an interest in the status quo, are erecting barriers to municipal wireless projects. "Myths are being perpetrated, such as purported muni failures, and there are also articles tracking 'sock puppet' organizations." Sock puppets claim to represent the people but are in fact controlled by one or more corporations.

Legalize it
The legal status of muni projects is therefore complex and in flux. "Federal law does not prohibit public broadband. State laws and their interpretations vary. Some say that since it doesn't say you can, you cannot; others say that since it does not prohibit municipal broadband, you can."

In addition to conflicts about the interpretation of laws at the state level, there are vicious fights at the local level.

The Philadelphia wireless case is perhaps the most famous at the moment. "A proposed law would have given a major, self-centered corporation the right to prohibit the project, but late in the session it became clear that the law would destroy the Philadelphia wireless project, and the governor was the former mayor of Philadelphia and it was his project. Verizon and Philadelphia made a deal. Verizon agreed to not exercise its right of refusal. Many wanted Philadelphia to keep fighting, but, in Philadelphia's defense, they saw the writing on the wall and did what was necessary. But they got lots of bad press."

Baller was confident about the result of future conflicts. "The community has to see muni wireless not as a fight between public and private entities but as an opportunity to advance the U.S. when we're falling behind, currently 16th in the world in broadband penetration. Public and private entities need to work together to maintain our leading role in the global economy."

Baller challenges ISPs to hustle
He asked ISPs to play a leading role. "This is your opportunity. ISPs have three challenges: 1) to keep the customers they already have, 2) to bring in new customers, and 3) to provide customers with the best internet tools."

Customers may not be knowledgeable on the subject. Baller said he'd seen one person on TV who said, "I don't give a damn about broadband but I sure as hell want always on high speed internet access."

ISPs and local governments each have part of the solution to building local broadband. With local government on your side, it's easier to get permits to build. "Your problem as an ISP is, 'how do I get in?'; theirs is 'where do I start?'"

"Whether it's Wi-Fi or WiMAX, it's great for a re-election campaign, but it's also good for local internal communication, for the police and others. You need to make this presentation to local government."

Baller warned that anyone trying to work with local government will face well funded opposition, armed with deceptive arguments. For example, muni opponents tend not to mention that most projects—over 90 percent —involve private enterprise. Of course, most projects do not involve an RBOC or an MSO, traditionally the well funded opponents, those who pay for the push polls and lawsuits.

He said that Dayton, Ohio just got permission for a project for which the government will not pay a penny. Instead it will accept "government friendly advertising." For example, a beer company could buy an ad asking people to "drive responsibly" but not one asking them to drink beer.

Baller said that he's already seen many ISPs miss opportunities in their own home town. "There's an ISP in every community we're building in, but the ISP does not come to meetings. I challenge you to get to work. How did you grow your ISP? You hustled. If you step up to the plate, you'll be in the driver's seat. The plans for any government project change during implementation, so that's where you want to be."

His summary was elegant and simple. "What we work on is public policy. What you work on is staying alive."

So get to know the local public officials, attend those meetings, and, yes, do stay alive.

—End