Legislature(2007 - 2008)

03/13/2008 09:05 AM House CRA


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HB 388-ALASKA BROADBAND TASK FORCE                                                                                            
                                                                                                                                
9:33:03 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH announced  that the  next order  of business                                                               
would  be HOUSE  BILL NO.  388  "An Act  establishing the  Alaska                                                               
Broadband Task Force; and providing for an effective date."                                                                     
                                                                                                                                
REPRESENTATIVE  DAVID   GUTTENBERG,  Alaska   State  Legislature,                                                               
speaking as  the sponsor  of HB  388, began  by relating  that in                                                               
November 2006  he received a  letter from his  Internet provider,                                                               
which also provided television services,  that it was leaving the                                                               
state.   December 31st television  and Internet ended and  he was                                                               
left  only with  dial-up from  his telephone  provider.   He said                                                               
that  he was  without Internet  service for  over a  year.   Upon                                                               
reviewing  the matter,  Representative  Guttenberg  said that  he                                                               
discovered  that in  the  Fairbanks area  there  were over  2,000                                                               
people  without service  from various  providers.   The  comments                                                               
from surveys  he conducted  in various  arenas were  that service                                                               
was slow, such  that commerce was inhibited,  folks couldn't work                                                               
from  home, and  students  couldn't perform  research.   Yet,  no                                                               
provider was trying  to expand service to this group  that had no                                                               
service.  Therefore,  he began working on  legislation.  Although                                                               
the state  has little  influence on  Internet service,  there are                                                               
lots  of   things  the  legislature   can  do.     Representative                                                               
Guttenberg then  discovered that legislation establishing  a task                                                               
force had  passed out of the  legislature in 2003, but  that task                                                               
force only  produced a small  PowerPoint.  In February  2008, the                                                               
Institute of  the North  and the  University of  Alaska Anchorage                                                               
held a forum on this issue as well.                                                                                             
                                                                                                                                
REPRESENTATIVE  GUTTENBERG   explained  that  he  is   trying  to                                                               
determine  what  economic  opportunities have  been  missed  with                                                               
regard to bringing  Internet service to all Alaskans.    In rural                                                               
Alaska,  Internet is  only available  via E-Net  in the  schools.                                                               
This  legislation   attempts  to  bring  together   a  couple  of                                                               
legislators and  the user groups  in order to determine  what the                                                               
world is.  This year  Steve Haagenson, as chief executive officer                                                               
of   Golden   Valley   Electric   Association,   established   an                                                               
independent company  that provides  wireless Internet  service as                                                               
AT&T.  However,  those two are only looking at  the small market,                                                               
not the  big picture.  This  legislation, on the other  hand, has                                                               
huge implications  for the entire state.   The goal is  to define                                                               
where the  state is currently, where  it wants to go,  what needs                                                               
to be done, and allow industry to  come in and plug the holes and                                                               
look over  the horizon to  bring Alaska  to the forefront  of the                                                               
industry.                                                                                                                       
                                                                                                                                
9:39:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM asked  whether the  sponsor has  spoken                                                               
with large telecommunication companies in the state.                                                                            
                                                                                                                                
REPRESENTATIVE GUTTENBERG  replied yes.   After  asking companies                                                               
if they  plan to build-up their  systems, the answer was  no.  He                                                               
indicated his  understanding that the companies  are "maxed out."                                                               
However,  AT&T   Cellular  One  is  doing   considerable  things,                                                               
including entering the wireless market in Fairbanks.                                                                            
                                                                                                                                
9:41:39 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX,  referring to page  1, lines 12-14,  inquired as                                                               
to the existing barriers to broadband deployment.                                                                               
                                                                                                                                
REPRESENTATIVE GUTTENBERG  identified barriers such  as equipment                                                               
limitations and physical/geographical problems.                                                                                 
                                                                                                                                
9:42:58 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX  asked then  if  the  task force  may  recommend                                                               
subsidies.  She  related her belief that  existing utilities must                                                               
be looking into this and if there  is money to be made they would                                                               
move forward.   If the  utilities don't believe there's  money in                                                               
this  area,  then  they  likely   believe  that  a  market  isn't                                                               
economically viable.   She  asked if the  sponsor has  heard from                                                               
the utilities that there are other problems beyond economics.                                                                   
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  related  that in  conversations  with                                                               
those   other  than   utility   companies,   he  has   discovered                                                               
[difficulty] with  the Universal  Service Fund.   He  related his                                                               
understanding  that instead  of building  out, the  utilities are                                                               
merely  building   up  what   already  exists.     Representative                                                               
Guttenberg  specified  that he  isn't  looking  to recommend  any                                                               
subsidies,  but rather  to define  the issue/problem,  where that                                                               
issue/problem exists,  and provide opportunities.   However, some                                                               
in Congress say that if  an entity receives the Universal Service                                                               
Fund, then  it should build out  its system rather than  build up                                                               
its  existing system.   Representative  Guttenberg  said that  he                                                               
doesn't have any preconceived ideas of where this will go.                                                                      
                                                                                                                                
REPRESENTATIVE    DAHLSTROM,   drawing    from   15    years   of                                                               
telecommunications  experience,  related  that  other  things  to                                                               
consider  are  distance  and  terrain,  weather,  the  amount  of                                                               
permafrost, whether the  wires will be hung or  cable buried, and                                                               
access  for maintenance.   She  recalled that  when White  Alice,                                                               
Alascom  existed,  the  federal  law  mandated  that  it  provide                                                               
service to communities  with 25 or more residents,  no matter the                                                               
cost.  She  related that the aforementioned  service was provided                                                               
at a  financial loss to  the company, at  times.  She  said, "But                                                               
because of  the federal  laws and some  subsidies that  they were                                                               
receiving,  ... that's  what was  done."   The Universal  Service                                                               
Fund  is   difficult  to  follow,  she   noted.    Representative                                                               
Dahlstrom praised the  intent of HB 388, but  emphasized the need                                                               
to work with the Regulatory  Commission of Alaska (RCA) and those                                                               
in Washington,  D.C., as there  may be  the need to  request some                                                               
changes to the Universal Service Fund.                                                                                          
                                                                                                                                
9:46:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG pointed out  that coverage in the state                                                               
is so irregular  and inconsistent.  For example,  last year fiber                                                               
optic  cable  was being  installed  from  Kenny Lake,  which  had                                                               
[fiber  optics for  10 years],  to Chitna.   However,  he had  no                                                               
coverage at his home in Fairbanks.                                                                                              
                                                                                                                                
9:47:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  related that in  2000 she was a  member of                                                               
the   House   Special    Committee   on   Economic   Development,                                                               
International  Trade   and  Tourism,  which  reviewed   what  was                                                               
happening in  the state.  At  that point the state  was beginning                                                               
to  see  what  was  happening  globally and  there  was  a  state                                                               
contract   for  telecommunications.     Furthermore,   there  was                                                               
extensive  training for  rural  teachers to  help  them teach  in                                                               
remote communities that  were to receive Internet  access.  There                                                               
were discussions with the local  telephone companies to find ways                                                               
in which  to "help  fit them into  the picture."   Representative                                                               
Cissna emphasized that [broadband service]  in Alaska can be done                                                               
and done  from modest  communities.   She then  requested comment                                                               
regarding what  the state  is doing  that "this  can fit  into as                                                               
well."                                                                                                                          
                                                                                                                                
REPRESENTATIVE GUTTENBERG replied he's not able to address that.                                                                
                                                                                                                                
CO-CHAIR FAIRCLOUGH  announced that  although she's  doesn't want                                                               
to hold  HB 388, there  is House  floor session today  and people                                                               
on-line who would  like to testify.  She said  she didn't believe                                                               
the legislation  would be able  to move forward if  the testimony                                                               
as well as the additional dialogue is allowed.                                                                                  
                                                                                                                                
9:50:55 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH then opened the public testimony.                                                                           
                                                                                                                                
9:51:04 AM                                                                                                                    
                                                                                                                                
RICH GAZAWAY, Administrative Law  Judge, Regulatory Commission of                                                               
Alaska  (RCA),  Department  of Commerce,  Community,  &  Economic                                                               
Development  (DCCED), said  he would  provide  some insight  into                                                               
efforts to deploy  broadband throughout Alaska.   He related that                                                               
one effort is  to administer a federally  funded broadband grant.                                                               
That  program   has  some  restrictions  in   the  appropriations                                                               
language  such that  it  only allows  funding  for areas  without                                                               
local dialup or broadband access.   Therefore, if a community has                                                               
a dialup  connection, it can't  receive funding.   Although there                                                               
have been efforts  to amend the legislation such  that areas with                                                               
poor  local  dialup connections  and  no  broadband access  could                                                               
receive  funding, it  hasn't  yet  been acted  upon.   Also,  the                                                               
Federal  Communications  Commission  (FCC)  has  an  open  docket                                                               
regarding the expansion of the  Universal Service Fund to include                                                               
a broadband fund.                                                                                                               
                                                                                                                                
9:53:23 AM                                                                                                                    
                                                                                                                                
BEN  ELLIS, Managing  Director, Institute  of the  North, related                                                               
the Institute  of the North's  support for  HB 388.   He informed                                                               
the committee that the Institute  of the North and the University                                                               
of  Alaska  - Anchorage  held  a  telecommunications workshop  in                                                               
February.  There were 35-40  participants at the workshop and all                                                               
of  the providers  were represented.   Furthermore,  user groups,                                                               
including those  from the  Native community  were present.   More                                                               
than 40 states use this approach, he noted.                                                                                     
                                                                                                                                
9:54:25 AM                                                                                                                    
                                                                                                                                
BRUCE  JOHNSON,   Director,  Quality   Schools/Quality  Students,                                                               
Alaska  Association  of  School  Boards  (AASB),  related  AASB's                                                               
support for connectivity, both for families and young people.                                                                   
                                                                                                                                
9:55:05 AM                                                                                                                    
                                                                                                                                
ALEX HILLS began by informing the  committee that he is the owner                                                               
of a  consulting practice in  Palmer that specializes  in hi-tech                                                               
product development, particularly wireless.   He further informed                                                               
the   committee  that   he  holds   a   faculty  appointment   as                                                               
distinguished  service professor  at Carnegie-Mellon  University,                                                               
specializing  in telecommunications  policy,  particularly as  it                                                               
relates to deployment  in rural and remote areas.   He noted that                                                               
he  had the  privilege to  chair the  earlier mentioned  workshop                                                               
held in  Anchorage.   As has  been mentioned,  representatives of                                                               
all the major telecommunications providers  were there as well as                                                               
many others interested in telecommunications.   There was general                                                               
consensus  that broadband  service is  badly needed  for economic                                                               
development,   health   care   delivery,  delivery   of   quality                                                               
education,  and  participation  in  the  mainstream  economy  and                                                               
society.   It was clear  that broadband development in  Alaska is                                                               
lagging, both when measured against  other states and other parts                                                               
of the world.  He then  reflected on the 1970s when Alaska gained                                                               
an  understanding that  basic  telecommunication services,  which                                                               
meant radio,  television, and telephone service,  in rural Alaska                                                               
were  lagging.   Due  to  the  leadership  of then  Governor  Jay                                                               
Hammond  and others,  Alaska dramatically  improved and  provided                                                               
basic  services throughout  the state  within  a few  years.   He                                                               
noted that  he was  privileged to participate  in that  effort as                                                               
Alaska's   chief  telecommunications   official  under   Governor                                                               
Hammond.   Now  basic  services increasingly  can  be defined  to                                                               
include  broadband or  high-speed  Internet, and  thus it's  once                                                               
again time for  dramatic action by the state to  bring the state,                                                               
particularly rural  residents, up  to the  international standard                                                               
for basic  service.  Mr.  Hills suggested that  HB 388 is  only a                                                               
start, not an action plan as  it only establishes a task force to                                                               
propose a  plan.  Still,  Mr. Hills suggested that  the committee                                                               
advance HB 388.                                                                                                                 
                                                                                                                                
9:59:17 AM                                                                                                                    
                                                                                                                                
STEVE  SMITH, Chief  Information  Technology  Officer, Office  of                                                               
Information Technology,  University of Alaska  Fairbanks, related                                                               
support for  HB 388.  He  opined that broadband technology  is as                                                               
critical in  this age  as roads, power,  and water  treatment are                                                               
for the  economic development, health, access  to government, and                                                               
education of  all of  Alaska's communities.   There are  33 other                                                               
states with  broadband legislation, 40 states  that have statutes                                                               
involving broadband.   Broadband  is something on  which everyone                                                               
needs to  work together.   Although the carriers are  doing their                                                               
best,  they face  technical, economic,  regulatory, and  resource                                                               
barriers.   Furthermore,  basic  Internet  service doesn't  exist                                                               
throughout the  state, let alone  the broadband  services coming.                                                               
There needs to  be a comprehensive plan to work  together to move                                                               
forward [with regard to telecommunications].   In conclusion, Mr.                                                               
Smith reiterated his support for HB 388.                                                                                        
                                                                                                                                
10:01:03 AM                                                                                                                   
                                                                                                                                
JIM ROWE testified  in support of HB 388.   As mentioned earlier,                                                               
there   needs  to   be  a   thorough   discussion  of   broadband                                                               
accessibility,   even  in   the   face  of   the  challenges   in                                                               
infrastructure  and economics.   He  informed the  committee that                                                               
the Alaska Telephone Association has  interest in this matter, as                                                               
highlighted  by its  annual  meeting  in Girdwood.    One of  the                                                               
agenda items  of that meeting  is a  discussion of HB  388, which                                                               
Mr. Smith  will lead.  There  will also be a  representative from                                                               
Connected Nation,  Inc., who  will make  a presentation  based on                                                               
Kentucky Connect, which has been  a national example for bringing                                                               
broadband to rural areas.   From the Anchorage Daily News article                                                             
titled "Web Traffic  Swelling to a Slowdown,"  he highlighted the                                                               
following  quote:   "Digital  traffic on  the  global network  is                                                               
growing  about   50  percent  per  year."     The  aforementioned                                                               
demonstrates the worldwide  demand, he said.   In conclusion, Mr.                                                               
Rowe  said  that  he  looks forward  to  participating  with  the                                                               
proposed task force.                                                                                                            
                                                                                                                                
10:03:08 AM                                                                                                                   
                                                                                                                                
CO-CHAIR FAIRCLOUGH announced  that any testimony can  be sent to                                                               
either  committee co-chair  to be  distributed  to all  committee                                                               
members.   She then  announced that the  public hearing  would be                                                               
left open for HB 388.                                                                                                           
                                                                                                                                
[HB 388 was held over.]                                                                                                         

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