[Peace-discuss] Fw: [Discuss] Essential mtg on future of public broadband in CU: Tues 7pm in Champaign Council chambers

"E. Wayne Johnson 朱稳森" ewj at pigsqq.org
Tue Jul 30 00:33:28 UTC 2013


zomfg.

This owner could have Obama-like authority.

The monopolies provided to semi-private public utilities
are always a risk for abuse.

On 07/30/13 5:54, David Green wrote:
>
>     ----- Forwarded Message -----
>     *From:* Danielle Chynoweth <chyn at ojctech.com>
>     *To:* "imc-makerspace at lists.chambana.net"
>     <imc-makerspace at lists.chambana.net>;
>     "discuss-communitycourtwatch at lists.chambana.net"
>     <discuss-communitycourtwatch at lists.chambana.net>; Closed list for
>     IMC Board of Directors Discussion
>     <imc-boardofdirectors at lists.chambana.net>
>     *Sent:* Monday, July 29, 2013 1:54 PM
>     *Subject:* [Discuss] Essential mtg on future of public broadband
>     in CU: Tues 7pm in Champaign Council chambers
>
>     The two city councils are meeting jointly Tues 7pm in Champaign
>     council chambers to discuss a proposal to give the assets of UC2B
>     to a private, non-profit 501(c)4 organization.
>
>     I question strongly why we would hand over $33 million dollars in
>     public assets to a private entity. According the documents, which
>     I have reviewed in detail, this new owner will be able to alter
>     its own bylaws, eject troublesome directors, meet in private with
>     little cause, meet and make decisions in remote locations, and
>     even take action in writing without a meeting or any public
>     oversight. If the group decides to dissolve, there is no provision
>     that the assets would revert to public ownership or give the
>     public right of first refusal.
>
>     Tuesday is the best time to give input.  They will meet and review
>     an Intergovernmental agreement and bylaws at 7pm and public input
>     is at 8pm.
>
>     Final votes on this are next week Aug 5 7pm in Urbana Aug 6 7pm in
>     Champaign.
>
>     Below is a draft of my letter to the councils, written
>     representing myself not UCIMC, that might give some additional
>     background and ways forward.
>
>     You may view the proposed intergovernmental agreement and bylaws
>     <http://archive.ci.champaign.il.us/archive/dsweb/Get/Document-12564/SS%202013-037.pdf>.
>
>     - Danielle
>
>
>     LETTER TO COUNCILS ON UC2B
>     Good evening. My name is Danielle Chynoweth and I live at 412 W.
>     Illinois St. in Urbana.
>     I have been advocating for universal access in Champaign Urbana
>     for 15 years and advise the FTC and FCC on media policy. In
>     addition to co-owning Pixo, an IT business in Urbana, I serve on
>     the board of the Independent Media Center, an active anchor on the
>     UC2B network. We have worked towards digital inclusion for 13
>     years and engineered an open source wireless mesh network used
>     internationally. I served on Urbana City Council from 2001 to 2008
>     during which I, along with Peter Resnick, spearheaded the
>     Broadband Access Committee of the the Cable & Telecommunications
>     Commission - the committee that shepherded the BTOP grant.
>     I want to commend everyone for your hard work to develop a next
>     generation network that has the potential to be an economic and
>     educational game changer in our community. Few in this community
>     yet realize what UC2B can make possible for us.
>     I understand we are under a tight deadline to determine the holder
>     of UC2B assets. I have read the intergovernmental agreement and
>     bylaws in detail and have specific recommendations that will help
>     us avoid unintended consequences and ensure the network continues
>     to grow in the public interest. We, the taxpayers, committed $33
>     million to this network with this provision: that it would operate
>     in the public interest.
>     I support the creation of a non-profit entity to govern and
>     operate the network. A 501©4 is a flexible vehicle to support growth.
>     That said, I question strongly why we would hand over $33 million
>     dollars in public assets to a private entity.  Especially one that
>     can write its own bylaws, eject troublesome directors, meet in
>     private with little cause, meet and make decisions in remote
>     locations, and even take action in writing without a meeting or
>     any public oversight. Worse yet, if the group decides to dissolve,
>     there is no provision that the assets would revert to public
>     ownership or give the public right of first refusal.
>     I am concerned that if we hand over this asset, we lose our
>     ability to use municipal bonds to grow the network. Fiber networks
>     that seek to be universal often need an investor or bonds to build
>     out. Courting investors means we lose control, bonds retain public
>     control and make benefits, such as surplus, public.
>     Here are some proposed changes:
>     *Ownership*
>     - Create the 501©4 to govern the network but retain public
>     ownership of it while providing UC2B a long term lease.
>     - Public ownership is the right direction. If for some reason you
>     decide to transfer the assets, at the very least make sure the
>     ownership of the network transfers back to the cities upon
>     dissolution of UC2B. Give the cities right of first refusal in any
>     sale.
>     - Sale of the network to a for profit entity should require a
>     public referendum to ensure the board is good stewards with public
>     funds.
>     *Appointments and removals*
>     - The cities and university should retain appointment authority of
>     the board. The board should not have the option of changing the
>     way the board is constituted at this point. Although I can see the
>     benefits of gaining some independence in the future, I think this
>     is a process and should only be done if there is more transparency
>     and accountability built in.
>     - UC2B currently has two community representatives, albeit they
>     are non voting. Under the bylaws, this is not guaranteed. Having
>     board positions for users or representatives from anchor
>     institutions on the board will make it stronger and more informed.
>     - If you choose not to stipulate room for community
>     representatives, I suggest the bylaws create a standing committee
>     of network users who are subscribers or affiliated with anchor
>     institutions.
>     - Remove 4.6 in the bylaws which allows "a Director to be removed
>     *for any reason for cause* by an affirmative vote of not less than
>     two-thirds (2/3) of the Directors then entitled to vote; provided,
>     however that such affirmative vote must include at least one (1)
>     Director appointed by each of the Appointing Entities." and later
>     says "For this purpose, cause shall include b*ut not be limited
>     to* malfeasance, unethical or unprofessional behavior, breach of a
>     duty to the Corporation and/or conduct which prevents or makes it
>     difficult for the Board to conduct business." This seems to be
>     unusual language that allows Directors to remove other Directors
>     for subjective reasons like making "it difficult" for the Board to
>     conduct business. I think the appointing entities should have this
>     power, not the board itself. The board has the power of majority
>     vote which should be sufficient. I see no reason why to include
>     this strange stipulation that can have the effect of silencing
>     important, minority points of view.
>     *Public meetings and notices*
>     - As written, the board can go into closed session for any reason
>     deemed in the interest of the network with majority vote. I
>     suggest closing the meetings require 2/3 vote as long as the
>     "yeses" include one vote from each appointing entity.
>     - Notices of meetings should be public always. Directors shall
>     (not may) report periodically to the councils, and meetings must
>     be held in Champaign Urbana.
>     - Section 5.12 on Action by Written Consent states: "Any action
>     required or permitted to be taken at any meeting of the Board of
>     Directors or any committee thereof may be taken *without a
>     meeting*, if all members of the Board of Directors or of such
>     committee, as the case may be, at the time in office, consent
>     thereto in writing and the writing or writings are filed with the
>     minutes of the proceedings of the Board of Directors or of such
>     committee." This should not be allowed by is circumvents the
>     public meetings clause above. The board can take action without
>     any meeting or accountability to the public.
>     As we work through governance issues, I want to remind us that the
>     most important thing we could be doing right now is ensuring the
>     network is functional and viable. Just like a business, poor
>     customer service or public perception can set back our ability to
>     grow. I recommend bringing in operations consultants - such as
>     Hiawatha Broadband Communications in Minnesota which has a strong
>     reputation in this regard.
>     This is a vulnerable time in the creation of the network and we
>     should not lose confidence in ourselves at this moment. This is
>     not a time to act hastily and out of fear. It is a time for
>     leadership, vision, and careful steps that continue to ensure the
>     network can be viable and grow in the public interest.
>     Thank you for your attention to these matters.
>     Danielle
>
>
>
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>
>
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