Cybertelecom Federal Internet Law & Policy An Educational Project

Texas

Cybercrime

Title 7 Chapter 33

Sec. 33.02. BREACH OF COMPUTER SECURITY. (a) A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.

Sec. 33.01. DEFINITIONS

(12) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(A) induced by deception, as defined by Section 31.01, or induced by coercion;

(B) given by a person the actor knows is not legally authorized to act for the owner;

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;

(D) given solely to detect the commission of an offense; or

(E) used for a purpose other than that for which the consent was given.

Municipal Broadband

• Addison | Moon Over Addison | Wifi | Partner Redmoon | Mesh Network |
  • Hamid Khaleghipour, IT Manager, City of Addison, Digital City Expo, April 2006.
  • Public safety - can switch from wifi to cellular net on the fly. Work with Chevron for meter reading.
  • Pop 14.5k permanent residents. 100k during the daytime. 4.5 Sq miles. City received lots complaints about lack of complete broadband coverage, or cost of service was $400 to $600 month.
  • Start planning in 2003.
• Austin
  • Austin Wireless Alliance | Wifi Hotspots | Pop 20.8 m |
  • 4Q2014 - Austin Tx - Google Fiber
• Burleson | Wifi | Partner Redmoon | Vendor Tropos |
• Corpus Christi
  • Initiated in 2002, $7.1 m investment, WiFi mesh network for meter reading; purchased by Earthlink for $5.2 million, expanding service to consumer retail internet access service; In 2008, Earthlink gave the network back to the city. Corpus Christi has used the network for a wide range of government services and public safety, as well as providing Internet access.
  • Esme Vos, Corpus Christi, Texas Muni Wi-Fi Welcomes Spring Break, MUNIWIRELESS (Mar. 30, 2010),
  • Steven Titch, Municipal Wireless Supports Corpus Christi’s Public Safety, SECURITY PRODUCTS (Oct. 23, 2007)
  • Tropos Case Study: Corpus Christi Pioneers Metro-Wide Wi-Fi Mesh, TROPOS, 4 (July 2007),
  • Heather Clancy, Corpus Christi Pushes Envelope with Municipal Wireless, SMARTPLANET (July 28, 2010, 5:19 AM)
  • Mesh Network Is Key to Corpus Christi’s Mobile Worker Program, MOBILE ENTERPRISE (Mar. 4, 2009)
  • Press Release, Tropos Networks, City of Corpus Christi Extends Tropos Wireless Broadband Network to Improve Traffic Management and Public Safety During Spring Break (Mar. 30, 2010)
  • Shane McGlaun, Municipal Wi-Fi Failing, EarthLink Pulls Out, DAILYTECH (Mar. 24, 2008, 2:20 PM),
  • EarthLink starts selling subscriptions in Corpus Christi, MuniWireless 6/1/2007
  • Corpus Christi shares its Wi-Fi experience in new report, MuniWireless 2/15/2007
  • Steven Titch, Corpus Christi Shows Way to Muni Success, HEARTLANDER (Nov. 1, 2007),
• Farmers Branch :: WAZMetro :: Wifi :: Press Release ::
  • Floresville Electric Light and Power System
• Granbury | Wifi : Vendor - Airpath, Frontier |
  • Granbury, Texas Announces the First U.S. City to Use Mobile Mesh Wi-Fi for Both Government Services and Public Access , BB Exchance 2005 $305k City contract with Frontier Broadband | Public and Private use | Wifi Mesh | $19.95 / month
  • Airpath Joins Frontier Broadband in Granbury, Texas Wi-Fi Deployment
    3/7/06
• Houston
  • EarthLink To Build 600-Square-Mile Wi-Fi Net In Houston, TechWeb 2/15/2007
  • Houston Citywide Wi-Fi Details - Earthlink aims at yet another muni-market, Broadband Reports 5/19/2006
• Linden | 2200 pop | 3.5 sq mi | Fastline Internet |
  • City of Lubbock
• Plano
  • Houston's Technology for All Wireless Project and the National Municipal Wireless Debate, Comm Tech Rev 6/15/2005
• San Antonio
• 2015 - San Antonio Tx - Google Fiber
• Southlake | Wifi | Partner Redmoon |
  • City of Schulenburg
  • Links
  • Save Muni Wireless
  • Law :
  • TX Pub. Util. Code § 54.201 et seq
  • Texas Senate passes House Bill 789: no ban against muni networks, Muni 5/27/2005
  • Texas H.B. 789, 79th 1st CALLED SESS. § 54.201 et seq. (2005) "As originally proposed, H.B. 789 would have prohibited municipalities from providing any “telecommunications” or “information” services as defined under federal law. Id. An amended version of the bill incorporated a number of exceptions, including: a grandfather clause for existing municipal providers of video or broadband services and an exception for the provision of wireless Internet for governmental functions. Ultimately, the bill died in conference committee." FTC Report, n. 160.
  • Texas drops anti-municipal-networks clause, Isen.blog 5/17/2005
  • Tropos to Texas legislature: kill that bill!, Muni 2/22/2005
  • Federal ban on municipal broadband proposed by Texas congressman, Muni 6/3/2005
  • Sharon Gillett, Municipal Trends, p. 22 Broadband Properties Sept 2004 (Texas, which "bars municipalities and municipal electric utilities from offering telecommunications services to the public either directly or indirectly through a private telecommunications provider")

 

VoIP

• VoIP Court Ruling -- A ruling on a little watched case in Texas could set the stage for the legal freedom of VoIP, Public Knowledge 5/6/2005

  Texas Suits Vonage over 911 (March 2005) See Cybertelecom :: VoIP :: 911

  In re Transcom Ehanced Services LLC, Case 05-31929-HDH-11, US Bankruptcy Court, NDTX April 28, 2005 (holding that DataVon VoIP service is an enhanced service and does not owe access changes - court attempts to distinguish DataVon from the FCC AT&T VoIP order - but the court's rationale is not clear).

  Trials and Market Deployments

  • TW Approval for deployment received Cablecos Set Sights on VoIP, Xchange February 1, 2004
  • Texas PUC reportedly denied attempts to intervene on the issue of VoIP Balancing Responsibilities and Rights: A Regulatory Model for Facilities-Based VoIP Competition An NCTA Policy Paper February 2004

Cable Open Access

• Dallas City Council has approved the TCI ATT Merger without unbundling requirements. Communications Daily 1/15/99.

News

• Austin Police Chief To Go After Anonymous Commenters, Techdirt 9/24/2009