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UNDERSTANDING THE DEBATE OVER GOVERNMENT-OWNED BROADBAND NETWORKS:

Context, Lessons Learned, and a Way Forward for Policy Makers - JUNE 2014

Charles M. Davidson Michael J. Santorelli

Director, ACLP at New York Law School Director, ACLP at New York Law School

“Putting Government-Owned Broadband Networks in Proper Context” (Sec. 7.2, pg. 141)

Ryan Palmer, Commissioner, West Virginia Public Service Commission, and

Luz Weinberg, Commissioner, Aventura, Florida; Board Member, Miami-Dade Expressway Authority

As public officials serving at the state and local levels in West Virginia and Florida, we appreciate the many nuances

associated with broadband connectivity and what those nuances mean for our communities. High-speed Internet

access is increasingly essential to the communities we serve. Bringing broadband to every part of the country and

helping ensure that as many people as possible are using it to improve their lives are important policy priorities.

However, several barriers continue to impede progress towards these goals. As a result, much of our concern in

this space is focused on addressing practical issues, like promoting the benefits of Internet access to reluctant non-

users (for example, older adults, rural users, and so many in minority communities), and working with

stakeholders to figure out how to efficiently and effectively bring broadband to unserved and underserved areas.

In many ways, the debate over government-owned broadband networks (GONs) implicates much of our focus on

these issues. Some think that local governments are best positioned to provide residents with fast, affordable

Internet access. Others think that these services are best provided via a competitive private marketplace. In all

truth, both views have merit because different problems often require different solutions. Regardless of who is

“right” and who is “wrong,” what often gets lost in the heated GONs discussions is a focus on the universe of other

critically important public policy issues that compete for the attention as well as the funds of state and local policy

makers.

When we think about GONs, we immediately think about infrastructure. Ultimately, that is at the heart of what we

do: we work on the public’s behalf to make sure that they have access to robust public infrastructure at reasonable

rates. That means making sure that our streets are paved, our electricity is reliable, and water is clean and

affordable, which have been challenges in both Florida and West Virginia. However, our efforts are ultimately

constrained and defined by financial realities.

Budgets are not unlimited, which means public officials must prioritize. There is no getting around that basic fact.

The streets will always be paved, but new public works might be delayed. Similarly, a diverse array of economic

considerations influences how we manage core public assets like the electric grid and water system. Yet, a

significant amount of work remains to be done across the country when it comes to our public infrastructure, much

of which is aging and in need of replacement or a significant upgrade. Chronic underinvestment, a function of tight

budgets and finite public resources, has resulted in far too many poor roads, unsafe bridges, and antiquated public

utility systems.

In short, when considering whether to invest large amounts of public money on GONs, public officials must

consider the entire universe of public infrastructure needs. Each state and community has their own unique

challenges and must decide how to address all of these challenges with the resources and funds available. As a

result, when we are faced with broadband expansion and adoption issues, we focus on fostering an environment

and implementing policies that are most impactful given the scope of our authority, the realities of our citizenry

and economy, and the needs of our basic public infrastructure. Hopefully, the result is a carefully calibrated and

collaborative effort focused on creating favorable conditions to support increased broadband connectivity.

The ultimate goal is for this practical approach to enable us public officials to not just listen to our local com-

munities but to also respond to their needs and keep focused on the undisputed fact that ensuring ubiquitous

broadband for all is a legitimate priority, amongst so many that require considerable resources and leadership

from both the public and private sectors.

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. December 10, 2013, 12:00 pm – TheHill.com

Broadband can help communities far and wide through education By Luz Weinberg Broadband is one of America’s great success stories. And Internet service providers are doing much of the story telling through the unprecedented levels of competition, innovation, investment, and growth that these companies are fueling for our economy at both the national and global level. These gains are translating into greater economic opportunity for all Americans, Floridians, and more interestingly, an entirely new way of living. The telecom and cable sectors continue to transform our country’s communications landscape. Currently, 94 percent of the U.S. population has access to a broadband provider, and although speeds have increased more than 19-fold in the past six years, prices in the U.S. have remained flat. In fact, U.S. consumers have the second lowest entry level broadband prices in the Organization for Economic Cooperation and Development (OECD). These are all good things that clearly indicate we are moving in the right direction and that broadband is fundamentally changing American society in positive ways. However, there is still room for growth and improvement. Education is a prime example of this. Broadband has the ability to transform how education is delivered, particularly for low-income, underserved, and minority students. Despite the narrowing of some long-standing educational attainment gaps in recent years, the widest education achievement gaps are still found amongst these students. This needs to change. Broadband technology is helping to improve educational standards and outcomes by bringing free and easily accessible resources to classrooms, thus providing students with the 21st century tools they need to excel academically. However, as mobile broadband adoption continues on its upward curve, home broadband connections continue to lag, particularly among minority households. According to a recent report by the Pew Internet and American Life Project, only 53 percent of Latino and 64 percent of African American adults ages 18 and older have a home broadband connection, compared to 74 percent of Whites (non-Hispanics). Home broadband adoption rates are still not where we need them to be. An increase in the use of technology in schools, however, is helping to close this broadband adoption gap as families see a value in subscribing to home Internet service. School curriculums are changing and now utilizing broadband technology in instruction and homework. Parents are now realizing the benefit that home broadband connections provide for their children and what this means for their future. Cable industry leaders in particular are working to provide low-income and underserved families with home broadband connections. Programs such as Connect2Compete and Internet Essentials are providing low-income families with low-cost, home broadband connections, digital literacy training courses, and an opportunity to purchase computers and other equipment at reduced rates. It is industry-led programs like these that are so vital in our ongoing efforts to close the digital divide and level the playing field for underserved and minority communities. Continued deployment of broadband means greater economic opportunity for all by way of job creation, small business development, economic growth opportunities, and global competitiveness. Increased use of broadband technology in schools means greater market opportunities for companies that work in the broadband, tech, and education sectors. All of this translates into a stronger economy for all Americans. In Florida, I have witnessed firsthand how the broadband industry has given new life to so many communities by improving public spaces, schools, libraries, and hospitals. Just to note one prime example, Miami-Dade County’s iPrep Academy is a first-of-its-kind school dedicated to providing students with greater broadband capacity and access to online tools and equipment with the purpose of preparing students for America’s digital jobs of the future. These broadband success stories should make you feel good and make you want more. These are the stories that foster optimism for our future, and the cable and telecom sectors have played an integral role in every one of these stories. I am certain we all want to see these kinds of successes replicated, especially in our minority communities. By supporting the broadband industry and its efforts to continue meeting the needs of America’s fast-growing and diverse consumer base, our policymakers and regulators will positively impact the educational outlook for millions of Americans and therefore advance America’s competitive position in the global market. Now that’s a broadband story we would all love to tell! Weinberg serves as commissioner for the City of Aventura in Miami-Dade County, Florida. She also serves as Vice President of the National Association of Latino Elected and Appointed Officials (NALEO) and on the FIU Vice Provost Executive Council.

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. Luz Weinberg: Don't be in a hurry to replace state's nuclear plants Sun Sentinel | April 8, 2013| By Luz Weinberg

It has been interesting to see the recent calls for replacement of nuclear energy facilities with plants that use

fossil fuels. We've heard it from anti-nuclear activists, journalists, some academics and even a few politicians.

We should be cautious of these hasty demands and consider the consequences.

Most people who are well informed about the relationship between energy and the environment know that

nuclear energy facilities are the only type of large-scale electricity supply that emits zero carbon or other

greenhouse gasses.

Over the past four decades in Florida, we have had five nuclear reactors providing as much as 20 percent to

as little as 12 percent (currently) of our state's electricity. Had fossil fuel plants generated that electricity, the

difference would have been more than one trillion tons of carbon dioxide emitted into our air.

Florida's nuclear facilities reduced fossil fuel usage by the equivalent of 5 trillion barrels of oil or 30 quintillion BTU

of natural gas (that's 30 trillion million). Moreover, nuclear energy saved about $250 billion in avoided fossil fuel

purchases, which was a cost that Floridians would have had to pay.

According to the U.S. Energy Information Administration, nuclear energy facilities have been responsible for

nearly half of the total voluntary reductions in greenhouse gas emissions reported by U.S. companies. Nuclear

plants help regions meet air pollution standards.

While these statistics may not be important to some, the absence of zero-emission nuclear plants would have

impacts that affect others in disproportionate ways. Society has become more aware that adverse

environmental and health impacts hit minority populations hardest.

The group Physicians for Social Responsibility has stated, "While air pollution adversely affects the entire U.S.

population – children, the elderly, and people suffering from chronic illness are particularly vulnerable.

Compared to adults, children spend more time out of doors, breathe more rapidly, and inhale more pollutants

per pound of body weight. The elderly are more susceptible to air pollution because their immune systems are

weakened by age and they often suffer from one or more chronic illnesses. Poor and minority communities also

are disproportionately affected by air pollution because they often are situated closer to pollution sources.

"This growing recognition has helped us begin factoring disproportionate impacts into our decisions about

power plants. In 1997, for example, the Florida Legislature created the Environmental Equity and Justice

Commission, the purpose of this group was "…to determine the disproportionate and cumulative concentration

of environmental hazards in people of color and low-income communities, to assess how Florida can best

address these inequities…with emphasis on future prevention…taking into account the greater degree of risk to

which such communities may be exposed."

There is much debate about nuclear energy throughout Florida right now. Some of the attention stems from

well-staged campaigns by anti-nuclear activists. Some of it centers on a legitimate discussion amongst

lawmakers about the best way to finance necessary nuclear facilities that are large and take long periods of

time to build. There has been a temporary spike in the public interest on this topic following the recent decision

by Duke Energy to retire the Crystal River Nuclear Plant after 29 years of operation.

This public conversation is healthy, but let's make sure we get the facts and the conclusions right. Be especially

cautious of erratic proposals to replace nuclear facilities with fossil fuel plants or risky schemes to repeal current

financing laws that would kill any chances for future emission-free nuclear facilities.

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. Rulemaking1CEm Resource From: RulemakingComments Resource Sent: Monday, December 02, 2013 8:55 AM To: Rulemaking1CEm Resource Subject: FW: Written Public Comments for NRC Waste Confidence Rulemaking from Luz Weinberg

DOCKETED BY USNRC—OFFICE OF THE SECRETARY

SECY-067 PR#: PR-51

FRN#: 78FR56775 NRC DOCKET#: NRC-2012-0246 SECY DOCKET DATE: 11/26/13

TITLE: Waste Confidence—Continued Storage of Spent Nuclear Fuel COMMENT#: 00292

From: Luz Weinberg [mailto:commissionerluz@gmail.com] Sent: Tuesday, November 26, 2013 4:32 PM To: RulemakingComments Resource Cc: Luz Weinberg Subject: Written Public Comments for NRC Waste Confidence Rulemaking from Luz Weinberg U.S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudications Staff Washington, DC 20555-0001 Via E-mail: Rulemaking.Comments@nrc.gov Re: Written Public Comments for NRC Waste Confidence Rulemaking

Statement of Luz Weinberg, Commissioner, City of Aventura, Florida My name is Luz Weinberg and I serve as a Commissioner for the City of Aventura Commission in Miami-Dade County, Florida. I also serve as Vice President of the National Association of Latino Elected and Appointed Officials (NALEO). I appreciate the opportunity to share my thoughts on this critical issue of waste confidence. As an elected official, I believe that nuclear energy is an integral part of a balanced, national energy plan. Nuclear is a clean and reliable energy source that is producing electricity for millions across the nation. Ensuring its continued production is not only critical to our nation’s economic outlook but to the well-being of our nation as a whole. The U.S. Department of Energy projects that U.S. electricity demands will rise 28% by the year 2040, even with just very modest economic growth. That means the United States will need hundreds of new power plants of all types to meet increased demand and replace older facilities that are retired. And some of these new power plants will have to be nuclear – like the five reactors already under construction in Georgia, South Carolina and Tennessee. According to the U.S. Energy Information Administration, nuclear energy generates 98% of the carbon-free electricity produced in the state of Florida. And with this energy production come employment opportunities for Florida residents and economic growth for so many of our communities. One nuclear energy facility creates 1,400 to 1,800 high-paying jobs during construction, with peak employment estimated as high as 3,500 jobs during that period, yielding 400 to 700 jobs during the operation of the facility. Each year, a nuclear energy facility pays about $67 million in federal taxes and nearly $16 million in state and local taxes. While nuclear energy is a vital part of our state’s electricity portfolio and economy, I recognize the need to address the transportation, storage and disposal of used nuclear fuel.

. As the political process and debate continues regarding reaching an agreement on a disposal solution, the development of consolidated facilities for interim storage of spent fuel must be pursued until a permanent repository is ready. Over 100 commercial spent fuel pools are, or have been, in service in the U.S. and most of these pools have safely contained spent fuel for 30 years or longer. The safety and security measures taken to maintain these spent fuel pools are unprecedented – measures that include a combination of strategic design and construction, utilization of multiple safety systems, ongoing surveillance and inspection, and state-of-the-art security measures. I strongly urge members of the Nuclear Regulatory Commission to complete the waste confidence rulemaking so that progress on both plant licensing and used-fuel management can continue. I thank you for your dedication to this issue, your time and your attention; and I stand ready and available for any questions you may have. -LUZ WEINBERG Commissioner City of Aventura, FL 19200 West Country Club Drive Aventura, Florida 33180 Office: 305-466-8901 Mobile: 305-772-7100 Hearing Identifier: Secy_RuleMaking_comments_Public Email Number: 307 Mail Envelope Properties (377CB97DD54F0F4FAAC7E9FD88BCA6D001386AB8BC47) Subject: FW: Written Public Comments for NRC Waste Confidence Rulemaking from Luz Weinberg Sent Date: 12/2/2013 8:54:35 AM Received Date: 12/2/2013 8:54:37 AM From: RulemakingComments Resource Created By: RulemakingComments.Resource@nrc.gov Recipients: "Rulemaking1CEm Resource" <Rulemaking1CEm.Resource@nrc.gov> Tracking Status: None Post Office: HQCLSTR01.nrc.gov Files Size Date & Time MESSAGE 4073 12/2/2013 8:54:37 AM Options Priority: Standard Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date: Recipients Received:

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