The Michigan House Committee on Energy and Technology is holding
hearings on Tuesday and Wednesday, October 11 and 12. A vote is planned
for October 19.
HB5237 is a broad revision of Michigan's telecom law. It includes a
provision that hamstrings local government support for high-speed
internet and other telecom services. (Section. 252). The bill is
sponsored by Rep Mike Nofs (R-Battle Creek).
*Severe restrictions on local government broadband*
Existing Michigan law already requires responsible practices for
providing communications services, including holding a public hearing,
performing a cost-benefit analysis, and not discriminating against
private providers (covered in Section 14 of the Metro Act).
The new bill imposes delays of up to two years before a local government
can begin a project. The local government must provide two private
providers with the opportunity to take up to one year each to provide
service, before the local government can begin. If one of the providers
is serving one person, the local goverment is blocked from providing
service. Section 252 ties the hands of local governments wanting to
provide needed services for citizens. More analysis can be found in
the attached document.
In addition, Section 307 prohibits educational institutions from
reselling excess telecommunications capacity. This is financially
harmful to schools, prohibits schools from acting as an "anchor tenant"
in a larger network, and prohibits a "wholesale model" that is good for
private sector competition.
*What you can do*
You can:
* contact legislators and urge them to remove restrictions on community
broadband
* encourage other supporters in your community to contact the legislators
* testify in committee
*Contact Legislators*
Before the hearing, please contact:
* Representative Nofs
* your state representative (see: http://house.michigan.gov/replist.asp )
* members of the Committee (see below for a list of members)
Let them know:
* the bill that you are calling or writing about (HB5237)
* your affiliation
* briefly describe your local government broadband projects and the
benefits to the community
* urge them to remove restrictions on community broadband in Sections
252 and 307
If you are making a call to a committee member, ask to speak to the
staffer who works on the Energy and Technology Committee. If you are
making a call to your representative's office and speaking to a staffer,
ask if there is a staffer who works on telecom issues.
*Encourage Supporters to Contact Legislators*
One of the strengths of community broadband is that the community
leadership is involved -- mayors, city council members, county
officials. Community institutions are often envolved -- the schools,
hospitals, public safety, chamber of commerce, and other local groups
are involved in the project.
Please forward this message to your community allies and encourage them
to contact your legislator and the committee. This is very helpful - it
lets them know the depth of constituent support for community broadband.
*Testify in Committee*
It is important for committee members to hear about local government
broadband from the people who are making it successful -- not just the
disinformation from incombent telecom companies. If you are able to
testify, please contact Jim Weeks, who is organizing opposition to the
restrictions on community broadband, and Gregory Moore, who is taking
requests to testify for the committee. The hearing will be held over two
days, so it may be helpful to confirm the day of your testimony.
Jim Weeks
General Counsel and Governmental Liaison
Michigan Municipal Electric Association
809 Centennial Way
Lansing, MI 48917
(517) 323-8346 ext. 105
jweeks@mpower.org <mailto:jweeks@mpower.org>
Gregory Moore, Legislative Assistant
Representative Mike Nofs
996 House Office Building
P.O. Box 30014
Lansing, MI 48909-7514
phone: (517) 373-0555
Toll-free: 1-866-REP-NOFS (737-6637)
fax: (517) 373-5761
e-mail: gmoore@house.mi.gov <mailto:gmoore@house.mi.gov>
*If you have questions
*If you have questions, please contact:
Jim Weeks, Michigan Municipal Electric Association
(517) 323-8346 ext. 105
jweeks@mpower.org <mailto:jweeks@mpower.org>
Jim Baller
The Baller Herbst Law Group, PC
(202) 833-1144
jim@baller.com
Adina Levin
Community Broadband Coalition
(512) 632-6829
alevin@alevin.com
