ALEC Threatens to Sue Its Broadband Policy Critics Last month the American Legislative Exchange Council (ALEC) sent a cease and desist letter to Credo Mobile over the wireless company's claims that ALEC opposes municipal broadband. If you're new to ALEC, corporations basically pay them to help craft "draft legislation" that often runs in very stark contrast to consumer welfare.

Legislation clearly posted to ALEC's website has been used as the framework for more than a dozen state municipal broadband bills. These bills hamstring towns and cities looking to get into the broadband business, by saddling them with a variety of state restrictions. In some cases the laws even hamstring public/private partnerships for areas ISPs aren't interested in serving. While dressed up as efforts to protect the taxpayer these bills are, by any definition, protectionism. And they're effective: they've been used by AT&T, Time Warner Cable, Comcast and CenturyLink to protect regional duopolistic fiefdoms in roughly twenty states. With companies like Google, AOL, Facebook, T-Mobile and Microsoft now severing ties with the group because of its fight against climate change, ALEC has been threatening suit against critics that claim it has helped fuel climate change denial. But ALEC has also started threatening critics that highlight their opposition to municipal broadband as well. How can an organization that's played a starring role in helping giant ISPs fight municipal broadband for more than a decade claim this? Like ISPs, they insist they're not opposing municipal broadband, they're just "advocating certain steps" cities have to take before they can get into the broadband business out of a concern for the local populace: quote: ALEC contends that it does not oppose city broadband but only advocates that certain "steps" be required before a municipality can provide telecom services. Additionally, ALEC takes issue with Credo labeling it as an organization that lobbies state legislatures at all, arguing that it is merely a "think-tank for state-based public policy issues and potential solutions." That denial's technically correct, because while the bills often don't outright ban municipal broadband, they usually include language that makes it difficult or impossible for the efforts to get off the ground. For example many variations of the bills include language stating that a town or city can only build a network or strike a private/public arrangement if it's not already "served" by existing carriers. Of course the definition of "served" is kept absurdly broad to include satellite and cellular, ensuring everywhere is technically served and therefore blocked from market entry. That denial's technically correct, because while the bills often don't outrightmunicipal broadband, they usually include language that makes it difficult or impossible for the efforts to get off the ground. For example many variations of the bills include language stating that a town or city can only build a network or strike a private/public arrangement if it's not already "served" by existing carriers. Of course the definition of "served" is kept absurdly broad to include satellite and cellular, ensuringis technically served and therefore blocked from market entry. Though small, Credo Mobile is an MVNO that has tried to differentiate itself by having an activist bent and a strong focus on consumer welfare (they've scored very well in the EFF's privacy report card). In a letter responding to ALEC's cease and desist (pdf) Credo makes it clear they have no plans to stop calling a spade a spade, pointing out that ALEC's own website and years of media coverage repeatedly highlights its very clear opposition to community broadband. "Not only does ALEC attempt to influence legislative outcomes, it clearly succeeds in doing so," writes Credo, pointing to a 2011 Bloomberg article highlighting ALECs role in attacking the municipal broadband network in Lafayette, Louisiana. "Under these circumstances, the language used in the statements you challenge -- "working to make sure it never happens" and "pressuring state legislatures" -- is well within the bounds of political discourse in making the point that ALEC's model legislation and positions have the intent and effect of encouraging enactment of state legislation effectively banning cities from offering broadband Internet access." It's not clear precisely ALEC hopes to achieve here, but attempts to sue the public and critics into somehow forgetting the group's decade-long role in the municipal broadband debate isn't likely to work very well. In fact it only serves to draw additional attention to criticism that ALEC abuses the legislative process by helping to quietly inject bad law directly into the bloodstream of lobbyist-cash soaked state legislatures. It's not clear precisely ALEC hopes to achieve here, but attempts to sue the public and critics into somehow forgetting the group's decade-long role in the municipal broadband debate isn't likely to work very well. In fact it only serves to draw additional attention to criticism that ALEC abuses the legislative process by helping to quietly inject bad law directly into the bloodstream of lobbyist-cash soaked state legislatures.







News Jump California Defends Its Net Neutrality Law; AT&T's Traffic Up 20% Despite Data Traffic Actually Being Down; + more news Are The Comcast-Charter X1 Talks Dead In The Water?; AT&T May Offer Phone Plans With Ads For Discounts; + more news Europe's Top Court: Net Neutrality Rules Bar Zero Rating; ViacomCBS To Rebrand CBS All Access As Paramount+; + more news Verizon To Buy Reseller TracFone For $7B; 5G Not The Competitive Threat To Cable Many Thought It Would Be; + more news MS.Wants Records From AT&T On $300M Project; Google Fiber Outages In Austin, Houston, Other Texan Cities; + more news States With The Biggest Decreases In Speed; AT&T Hopes You'll Forget Its Fight Against Accurate Maps; + more news AT&T's CEO Has A Familiar $olution To US Broadband Woes; EarthLink Files Suit Against Charter; + more news 5G Doesn't Live Up To Hype, AT&T's 5G Slower Than Its 4G; Cord-Cutting Now In 37% of Broadband Households; + more news FCC Cited False Broadband Data Despite Warnings; ZTE, Huawei Replacement Cost Is $1.87B, But Only $1B Allocated; + more Cogeco Rejects Altice USA's Atlantic Broadband Bid; AT&T Is Astroturfing The FCC In Support Of Trump Attack; + more news ---------------------- this week last week most discussed

Most recommended from 13 comments



n2jtx

join:2001-01-13

Glen Head, NY 2 recommendations n2jtx Member Nice! It is nice that the Internet never forgets. in this case, ALEC can scrub their website and file a lawsuit but the history is out there. ISurfTooMuch

join:2007-04-23

Tuscaloosa, AL 2 recommendations ISurfTooMuch Member Let them sue! And then they'll become acquainted with the Streisand effect.