The latest dispatches from the Illinois Telecom Wars

My March interview with Michael Maranda and this month's story by Micah Maidenberg both discuss the debates about the major state law concerning the internet and telephone technologies--the Illinois Telecommunications Act--along with the proposed rewrite of the law and the impact it could have on Illinois' media and digital technologies for years to come. And we have a Noah's Ark-full of updates to share in this legislative fight.

The first shot in the Illinois Telecom Wars was fired in late February by Illinois State Senator Steve Rauschenberger, the Assistant Republican Leader of the state's twenty-second district. Rauschenberger proposed a short and bitter revision to Senate Bill 499 (SB499). This one-sentence-long revision would have made all efforts at community internet in Illinois bluntly illegal.

This elicited an outcry from community media activists in Illinois and nationwide (mostly on the internet) who were concerned about the revision's harsh, uncompromising wording. As it turned out, Rauschenberger opted not to call SB499 before the State Senate. One would imagine that he declined to call it precisely because of the negative attention, though the exact reasons remain unclear as of this writing. SB499 remains off the table for the moment, though it could still be slipped under the radar into future bills.

But that was just the appetizer. The main course came on March 3, 2005, with the unveiling of a major rewrite of the Illinois Telecommunications Act, Senate Bill 1700 (SB1700), dubbed the "Telecommunications Reform Act of 2005". The good news is that the bill, as far as analysts can determine, doesn't ban municipal and community internet efforts in Illinois. The bad news is that it would:

• Remove protections for "just and reasonable" charges

• Strike out assorted public interest protections

• Remove assurances to "timely development of effective competition in telecommunications service markets"

• Inflate the realm of jurisdiction by defining "broadband service" as having much smaller speeds than what are commonly defined as broadband

The proposed changes are similar to some that state legislatures have made throughout the nation, which lends credence to the possibility that the proposed changes were made of, by, and for lobbyists for Big Telecommunications companies like SBC and Comcast.

Curiously, SB1700's sponsor, James F. Clayborne, Jr., is a Democrat. And more curiously still, it would seem that Clayborne is in the thrall of telecommunications lobbyists. Indeed, an online database created by The Institute on Money in State Politics, a nonpartisan state campaign finance research organization, shows that Clayborne received campaign contributions from a number of major telecommunications interests, including SBC ($4,000), AT&T ($7,000), and the Cable Television and Communications Association of Illinois, a trade lobby of Illinois cable companies ($5,000).

These depressing developments aside, what's encouraging is that people aren't rolling over and playing dead; they're fighting back. For example:

• Citizens Utility Board, a venerable consumer protection network working on Illinois utilities, has already assembled an online action website (cubaction.org/alertlist.asp) for Illinois citizens to fax and email their elected officials on this issue.

• One forum on community technologies was held in Peoria on March 10. There are plans afoot to host as many as four more such forums across the state, complimenting the smaller-scale meetings known as LAPs (locally administered projects) as mentioned in my March article.

And there is a development right here in Chicago which could impact the entire scenario, perhaps for the better. On March 8, the city's Finance Committee approved a study to investigate the possibility of implementing a city-wide wireless network. The study was given a timeline of two to three months to complete, at which point the state's municipal rights could be killed or maimed in Springfield.

As a result, legislation was drafted and rushed through the Chicago City Council, which apparently locked in Chicago's right to establish a citywide wireless internet network before the Illinois General Assembly could act. Hopefully, the example that Chicago sets will in time inspire similar legislation across the state, providing a way to protect networks even if anti-municipal laws eventually get rammed through. This could have a wide effect; there is already a burgeoning community wireless network in Champaign-Urbana.

As for Chicago's possible citywide network, the preliminary estimates suggest that prices for internet service through the city and contracted companies could be reduced by as much as half that of incumbent telecom providers. Newly emerging open-source, open-platform community-oriented models could reduce those costs even further.

New developments on this issue are shaping all the time, and the future of the internet throughout the state is likely at stake through the end of the Illinois General Assembly this month. If you'd like to learn about and get involved with the latest developments, you can join the mailing list of the Get Illinois Online coalition, at getillinoisonline.org.

Update: Good news. SB1700 was effectively replaced with an extension of the currrent Illinois Telecommunications Act, and all of its consumer protections, to last through mid-2007. Both the Illinois House and Illinois Senate overwhelmingly approved the extension.

Efforts in progressive radio in Chicago

There was a fear that Chicago may have lost one of its most consistent independent community radio voices. WZRD 88.3 FM, the radio station of Northeastern Illinois University, faced problems involving the renewal of its broadcast license, and was even asked to cease broadcasting by the FCC.

WZRD had been off-air for a number of weeks until February 18, when the FCC granted the station a temporary authorization to resume broadcasting. The authorization is good for six months. The station is expected to complete the renewal procedure for its broadcast license during that period.

And speaking of Chicago radio, Air America is back in town! On February 25, both the Tribune and the Sun-Times published articles suggesting that Air America Radio would return to Chicago within a matter of months. This turned out to be correct; a new progressive radio station, WCPT, went on air on May 5. The station primarily runs Air America's programs.

After Air America got back on the air in Los Angeles, Chicago remained the largest city without any Air America broadcast programming, so it was a natural growth opportunity for the network (the fastest growing network in radio history, with nearly 50 affiliates in a just a year's time). The return was also fraught with symbolism--the network was founded by two Chicagoans, and Chicago was the first city in America to approve the network's programming.

Tribune Company loses media concentration court case

In past articles for Third Coast Press, I've mentioned that Chicago's very own Tribune Company is in violation of federal media ownership rules, particularly the cross-ownership rule which forbids a company from owning a TV station and newspaper in the same city. That's one big reason why the company lobbied like there was no tomorrow to get those rules (particularly cross-ownership) repealed: it has been breaking the law in at least four cities nationwide.

And now, a judge in Connecticut has caught Tribune Company in the cookie jar and ordered it to divest some of their TV holdings. The company owns the Hartford Courant newspaper and two TV stations in the Hartford area. On March 23, 2005, U.S. District Judge Christopher Droney ordered it to relinquish ownership of WTXX-TV, one of the Hartford TV stations it owns, by the end of 2007. (Actually, The Tribune Company would also have to sell either the newspaper or their other TV station in order to fully comply with the law, but hey...)

Of course, one can't expect the Tribune Co. to do something as radical as obey the law. On the day the ruling came down, it announced it would seek an appeal and a court stay to block the ruling, deeming the decision "wrong and seriously flawed".

Supreme Court hears two key internet cases - on the same day

In the February 2005 issue of Third Coast Press, I mentioned two Supreme Court cases which were certain to be crucial to the future of the Internet as an open medium--the Brand X case (regarding control of content through the Internet--whether telecom companies have the right to control content passed through their pipelines) and MGM v. Grokster (regarding the legality of file-sharing technologies).

In one of those you-couldn't-plan-it-better-if-you-tried moments, the Supreme Court heard both cases--on the same day, March 29, 2005. Analysts who observed both cases anticipate the Court will arrive at a split-decision on the MGM/Grokster case. The court may affirm the rights of developers to pursue technological development even if their inventions may one day violate copyright, following a precedent set in a 1984 case permitting the widespread use of VCRs. However, the court may at the same time allow content providers (big music companies and their highly-paid we-never-sleep lobbyists) increased levity to pursue damages in cases of blatant copyright infringement.

On the Brand X case, expect a win for maintaining (and perhaps expanding) open access, and a defeat for big telecom's claim that they own the content that passes through their pipelines. The court is expected to announce its rulings on both cases sometime this summer.

WTTW's Community Advisory Board recommends findings of grassroots study

In the July 2004 issue of Third Coast Press, I discussed a grassroots media study of WTTW Channel 11, Chicago's main PBS affiliate, organized by Chicago Media Action (CMA). The study focused in particular on the WTTW show "Chicago Tonight". (Disclaimer: I'm involved with CMA and participated in producing the study.)

The study documented that Chicago Tonight falls far short in discussion or representation of the diversity of Chicago. WTTW's own Community Advisory Board formally supported the study in its March 2005 meeting and will submit a statement to WTTW president and CEO Dan Schmidt. Whether or not this will ultimately make an impact on the station's programming remains to be seen.