Tullahoma is among several Tennessee cities that offer broadband access to residents and businesses, often at cheaper rates and faster speeds than the private sector providers, and unlike satellite, they don't include data caps. Those in neighboring communities want the option of fiber access or, in many cases, just any kind of broadband access to fill in the gaps left by the private sector.
NORMANDY, Tenn. – It's usually between the 10th and the 15th day of the month when Clifton and Joanna Miller's satellite Internet account hits its data cap. Clifton, a lawyer, and Joanna, a sixth-grade math teacher, are unable to work from home. Their 16-year-old daughter, who depends on access for homework, takes a laptop to her grandmother's house nearby to complete her assignments until a new month begins.
The Millers' house is less than a mile from Tullahoma's city limit, but under state law, the Tullahoma Utilities Board cannot extend its high-speed fiber Internet network outside its electric service footprint. They would settle for basic broadband from other providers, but those companies — AT&T and Charter Communications — don't reach his neighborhood.
"Having Internet connection is a crucial part of daily life," Clifton Miller said. "If (private-sector companies) are not going to provide us with the utility, then someone should be allowed to give it to us."
The same scenario is playing out throughout the state as demand increases for reliable Internet access. Tullahoma is among several Tennessee cities — Chattanooga, Clarksville, Jackson, Bristol, Morristown, Pulaski and Columbia — that offer broadband access to residents and businesses, often at cheaper rates and faster speeds than the private-sector providers, and unlike satellite, they don't include data caps. Those in neighboring communities want the option of fiber access or, in many cases, just any kind of broadband access to fill in the gaps left by the private sector.
Nearly half of Tennesseans in rural areas don't have access to broadband Internet with 25 megabits-per-second download speeds, according to the Tennessee Municipal Electric Power Association, which supports the state bill.
A bill to lift restrictions on municipal broadband Internet reach has been filed during the past three legislative sessions and has been killed in committee each time, illustrating the sway Internet providers hold in the Tennessee General Assembly. But with a recent victory at the federal level, this time could be different.
Chattanooga's Electric Power Board won a ruling from the Federal Communications Commission on Feb. 26, giving it the green light to connect those outside its power service boundaries to its fiber network. Already, U.S. Rep. Marsha Blackburn has introduced legislation to block the decision, and state Rep. Jeremy Durham, a Republican representing Franklin, and two other Republican legislators have urged the Tennessee attorney general to appeal the decision, calling it an "unconstitutional violation on our state sovereignty."
"I don't want to create a slippery slope where the federal government starts regulating things that they shouldn't," Durham said.
Meanwhile, Sen. Janice Bowling of Tullahoma and Rep. Kevin Brooks of Cleveland, also both Republicans, have filed the most recent bill at the state level that would lift restrictions on municipal broadband providers. Bowling has long cheered the economic impact of high-speed Internet in Tullahoma, and Cleveland residents would benefit from access to Chattanooga's gigabit speed network.
Brooks says the FCC ruling gives new momentum to the bill, adding federal support to an issue that has been gaining local traction in pockets across Tennessee for years.
"My district said we need help. We have some folks with little service, some folks with no service," Brooks said. "This is not about government intrusion; this is a bill about service exclusion."
Brian Skelton, general manager of the Tullahoma Utility Board, says many nearby residents and those in Manchester and Lynchburg have asked to be connected, but by law, TUB has to turn them away. "In some cases, they are across the street from our electrics customers," he said.
Brooks describes the fight as a "David versus Goliath" contest, given the telecommunications companies' powerful lobbying arm. Telecommunications companies, led by AT&T and Comcast, have contributed more than $1 million to Tennessee elections in the past two election cycles, according to the National Institute on Money in State Politics.
Not surprisingly, AT&T wants to keep tighter reins on municipal expansion. The company said municipal networks should be limited to areas where private-sector providers do not operate or are not likely to operate "in a reasonable time frame" and that public funds should not be used to compete with private companies.
"Policies that discourage private-sector investment put at risk the world-class broadband infrastructure American consumers deserve and enjoy today," AT&T spokesman Daniel Hayes said in an emailed statement.
Charter did not directly state its position on the FCC decision or the state bill, but said in an email, "We are confident in our ability to compete on a level playing field and in our ability to serve our customers."
The problem is not everyone is able to enjoy that world-class infrastructure that AT&T describes.
In Clifton Miller's case, AT&T offers only dial-up to his home and Charter has quoted him a $16,000 installation fee.
Daughter Jillian Miller, who is a junior at Tullahoma High School, bemoans the Netflix and social media of which she is deprived, but more pressing are her academic concerns. Next year, her school will rely heavily on Google Chromebooks for texts and assignments, meaning Internet connection will become even more important for class.
While it's an example of how the city's LightTUBe Internet service has affected education, it also heightens the disparity between those inside and outside its service parameters.
"Every night, I'll have to use (the Internet)," Jillian Miller said. "I don't know what I'll do next year."
The city's LightTUBe was launched in 2009, funded by $16.9 million in general obligation bonds. Skelton said it has caused several people to move to the city and has kept prices from private-sector providers in check.
"It's been good for our city," Skelton said. "So many people now work from home and they need to have this Internet service."
The argument against municipal services is that it's difficult for businesses to compete against a government-subsidized entity, a point that Gov. Bill Haslam made on Tuesday in a conversation with reporters. But the private operators are failing to meet the demand in rural areas, and the restrictions are holding back entire communities in the meantime.
Durham emphasizes that he takes issue with the FCC's involvement, not the expansion of municipal broadband providers, and he said he would consider the bill lifting restrictions filed at the state level. Haslam also has opposed the FCC taking a vote on what he sees as a state issue. He has not taken a position on the state bill, but has said there is value in more people gaining Internet access in underserved areas and that the state's job is to create a "level playing field."
As it stands, the Internet providers have the advantage in those areas outside the municipal boundaries, but they are doing very little with it.
If the House and Senate bills make it to the floor this year, Durham and all those opposed to what they describe as the FCC's federal overreach can make a decision on Internet expansion on the state level, one that hopefully lifts the regulations. Those Tennesseans still lacking broadband connection would certainly prefer lawmakers spend their time and resources rolling out more Internet infrastructure than seeking legal action that stands in its way.
In 2014, Gov. Bill Haslam and U.S. Rep. Marsha Blackburn raised the most money among Tennessee lawmakers from the telecommunications industry. Haslam's campaign received $64,150, and Blackburn's campaign received $59,000. In 2012, Blackburn raised $66,400 from the businesses in that industry.
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