Utah Politics

LEAN Government

by The Wise One

Lean Government--kind of rolls off the tongue, doesn't it?  Two of my hot-button issues for the upcoming gubernatorial election are personal (as opposed to corporate) tax burden and size of state government.  I think the two are closely related.  According to The Tax Foundation, we are the eighth highest state when it comes to total state and local tax burden as a percentage of personal income (as of 2002).  States like New York, Wisconsin, Hawaii, Minnesota and Rhode Island rank higher than us.  California, however, with all its problems, ranks 24.  In California, 7.3% of personal income goes to feed state government.  They must think that is too much, because they threw out their legally-elected governor and seated Arnold Schwarzenegger who promised to reduce that burden.  Here in Utah, the situation is even worse.  Our state government consumes over 12.6% of all our personal income (Source: Utah Foundation, Report Number 661).  Doesn't that seem incongruous to you?  Why do we need such a large (and expensive) state government?  Did you know that over the decade 1992-2001 our state government grew faster, as a percentage of personal income, than any other state in the country?  We're Number One!

 

That needs to change.  We need a Governor who will do the right thing and bring down the size of our state government.  My suggestion for him/her is to implement what I call LEAN Governing, which is based on the concept of LEAN Manufacturing.  At the little medical device manufacturing company where I work, we went from a traditional MRP-based manufacturing model to one based on kanbans and just-in-time inventory, which is part of LEAN Manufacturing, just over a year ago.  We brought in a team of consultants who sat down with the management team, and we essentially re-engineered the entire company.  We started out by mapping each individual step in the life-cycle of one of our products, from concept to retirement at end of life.  We discovered that there were nearly 6,000 of these steps, and it required 27 employees.  Then we went back and figured out all the unnecessary, non-value-added and often redundant tasks, and eliminated them.  We got down to 127 tasks that required only 18 employees.  After repeating this process for each of our products we had re-engineered the company, making it much more effective, reducing time to market and, along the way, downsizing it by about 25%.  I think the same thing could be done in state government.  I think a 25% reduction in the size and cost of Utah state government would be a wonderful thing for us long-suffering taxpayers.

UTOPIA - The Answer To Outsourcing?

by The Wise One

This week's BusinessWeek magazine includes an editorial that recommends the widespread adoption of broadband as a way to offset the negative short-term effects of offshore outsourcing.  "Making superfast broadband available to every American is the sine qua non of moving to the next level of the IT evolution."  This could be a good argument to make for UTOPIA here in Utah where a lot of jobs are being moved to Bangalore and Bangladesh.  The latest Utah Economic and Business Review predicts that "technology and offshore outsourcing will continue to threaten Utah's back office/call center sector."  This job sector saw tremendous growth in the 90's but is pulling way back now.  I've experienced this phenomenon myself just last week, when I called Delta Airlines to discuss an upcoming itinerary, and the gentleman who answered the phone sounded like I had just awakened him, and spoke in such a thick accent I could hardly understand him.  In the background were other heavily-accented voices.  I assumed they were in India.

I think I will add this issue to my list of hot-buttons to consider come election time.  Does anybody know where the current crop of candidates for Governor stand on UTOPIA?

By the way, this same editorial in BusinessWeek finally answered the question in my mind, at least, why the President's Council of Economic Advisors Chairman and Allen Greenspan too both recently came out with the opinion that in the long term, offshore outsourcing is not such a bad thing (which, at face value, appears to be a horrendous thing to say).  It's because, just like the outsourcing of chips and other electronic components to the Far East in the 90's resulted in lower costs for computers and telecommunications equipment, outsourcing software development to India will generate growth by making complex software more available, especially to small businesses who can't afford to buy Oracle Financials or SAP.

Has Moderation Broken Out In The House?

by The Wise One

Two stories in Tuesday's Deseret News suggest that an attack of moderation has broken out in the House of Representatives.  The first one states that "It appears five committees were canceled because their chairs were angry over moderate Republicans combining with House Democrats..." over HB271, the tuition tax credit bill.  Poor Rep. Holdaway, R-Taylorsville was one of the moderate Republicans, and he reported that "he is being attacked from his party's right wing".  Evidently Speaker Marty Stephens has his hands full trying to quell the rebellion.

The second story dealt with the quiet passage of HB230 by a single vote.  This is the one that freezes the state's basic property tax rate, which is essentially the same thing as a tax increase, since property values are going nowhere but up.  I'd say a whole bunch of hard-core "no tax increase this year" Republicans had to come down with a mighty big case of moderation to agree to this.  I wonder what the distinction is, in their minds at least, between them and tax-and-spend Democrats?  I liked what Rep. Noel said: "This will be a tax increase. Put a dress on it - it's still a tax increase."

Only time will tell if this outbreak can jump across the hall to the Senate.

Event: Crucial Committee Meeting on SB66 Tomorrow

The House Public Utilities and Technology Committee ( Committee Schedule) will be holding a hearing on SB66, the UTOPIA killer, Wednesday at 4pm in Room 225. If you've never attended a legislative committee meeting before, you'll enjoy this little exposure to sausage making. Its vital that the committee see a room full of UTOPIA supporters, not a room full of Qwest employees and US West retirees. Please go and support UTOPIA. If this bill passes, UTOPIA will be dead and so will Utah's chance to be a broadband leader instead of the broadband backwater that Qwest and Comcast are offering us. If you can't make the meeting, please write to you Representative and express your opinion. Calls count for more than emails. Faxes are a good compromise. Here is a list of the members of the committee. You can get their email address from the House roster.

• Rep. Stephen H. Urquhart, Chair
• Rep. Glenn A. Donnelson, Vice Chair
• Rep. Sheryl L. Allen
• Rep. Ralph Becker
• Rep. Chad E. Bennion
• Rep. Greg J. Curtis
• Rep. Brent H. Goodfellow
• Rep. Ty McCartney
• Rep. Michael E. Noel
• Rep. Gordon E. Snow
• Rep. Michael R. Styler
• Rep. David Ure

Politics Makes for Good Theater

No matter what you political affiliation, politics is pretty depressing at times. That's why at times it is nice to just enjoy politics as entertainment. Personally I love irony, and this story in the DesNews is chock full of irony. Utah is one of the most business-tax friendly states in the Union, and not everyone is happy about it.

The story reports:

"You have to ask why our citizens are among the highest taxed in the nation but our businesses are among the lowest," said Sen. Ed Mayne, a West Valley Democrat who is sponsoring legislation to repeal some tax breaks. "And if tax incentives are such a good idea, there shouldn't be any unemployed people in the state, and businesses should be flocking to Utah. But they are not. Why?"
...
Last year, Mayne introduced a bill to repeal some business tax breaks to generate tens of millions of dollars during a cash-strapped year that saw education funding decline for the first time in two decades. But Republicans promptly replaced Mayne's bill with a sales tax on cable and satellite television subscribers.
This year, Nucor Steel in northern Utah is lobbying lawmakers to renew a $100,000 per year tax break instituted several years ago, even though the company is profitable.
"It's criminal," Mayne said. "We're talking about $100,000 of taxpayer money into the pocket of Nucor shareholders."
Maybe so, but that hasn't stopped Democrats from supporting tax breaks of their own. Mayne is a co-sponsor of a tax break for companies using alternative fuels to generate energy. And Senate Minority Whip Ron Allen, D-Stansbury Park, is sponsoring legislation to give tax breaks to Utah's motion picture industry.

I love the irony of Mayne complaining about tax breaks and then fighting for tax breaks for his pet projects.

Walker Hints at Veto

by Hermit

With less than two week remaining in the legislative session, Governor Walker has trotted out some gentle reminders to our legislature that she holds veto power.

"If a bill has a negative effect just to get a message out, then I have grave reservations, because you're using the legitimate democratic process for the wrong reason," Walker said at her monthly televised KUED news conference. "If a bill does more good than harm, I'll sign it. If it does more harm than good, I won't."

From Walker sees veto option as necessity | Salt Lake Tribune

Although Gov. Walker has yet to point to anything specific that she plans to veto, Democrats and lobbyists alike are hoping for specific vetoes. Hey, who isn’t? Here is part of my veto wish list. Let us know what’s on yours.

Bills/resolutions with no impact on Utah
This includes begging to get out of the U.N.(HJR 3), commending Bush for his search for WMD (HCR 3), and possibly others. My request for veto here has nothing to do with the merits (or lack thereof) on these particular positions, but rather to make the statement that national/international issues should be left in the hands of the people who are elected to make those choices. I did not vote for Utah legislators based on their positions in international politics. I expect results on Utah issues and Utah laws. Others are elected to represent me on a national level.

State decisions on local issues
For several reasons, including the one listed above, SB 66 should be vetoed if it passes the House. You may recall this is the bill which prohibits cities from backing UTOPIA bonds with sales tax revenues. City leaders are elected to make decisions for within the city, not state officials. If I don’t want my city participating in UTOPIA, or backing bonds a different way, then I’ll take my issues to my city council or elect new representatives. It should be a local decision. (On a side note, the same argument holds for legislation on vending machines in schools.)

If revenue bonds are used, only income from Utopia's operations could be pledged to pay off the cities' financial obligations to the network. No taxpayer money would be at risk. If general obligation bonds are used, cities first would have to get taxpayer approval before committing money to the project.

...

If general obligation bonds are used to finance Utopia, [UTOPIA President] Morris said, then taxpayers in participating cities may end up providing a financial guarantee for 100 percent of the value of the bonds floated for the project, instead of the 39 percent guarantee if sales tax revenue is pledged.

From Utopia bond bill approved | Salt Lake Tribune

Of course, as a general supporter of UTOPIA (and an admitted detractor of both Qwest and Comcast due to multiple bad customer service experiences), I have other reasons to see this bill fail.

Reducing per-pupil education spending
We are the worst in the country, and getting worse, as per-pupil spending dropped last year, and the legislature seems in no big hurry to put more money in. The decrease resulted from an $11.9 million cut in state education funding last session in addition to an increase in enrollment, according to the state Office of Education. Public school enrollment is expected to jump by 8,000 students to just over 515,000 this coming year. (See the AP article from KUTV.)

In my understanding, nothing has really been put forward about how much the legislature may be willing to allocate to education spending, but they’ve turned down Gov. Walker’s proposed $121.7 million for public education increase, and don’t seem to be in any hurry to divvy surpluses from last year. I don’t know whether private school tuition credits are the answer (researchers are giving contradictory estimates), but I am embarrassed at how Utah pays its teachers and funds its education system. While I am impressed with how much is done with so little, I wonder how much could be done with more.

The Myth Behind The Concealed-Carry Law

by The Wise One

There is a thoughtful editorial in today's Salt Lake Tribune (see http://www.sltrib.com/2004/Feb/02192004/opinion/140164.asp) about the effort to close a loophole in the existing law which forbids property owners from banning guns in areas that are "open to the public, unless they are also willing to provide security measures that would keep criminals with guns out".  This got me to thinking about the big myth behind the concealed-carry law; namely, that the number of crimes committed (at least successfully) is inversely proportional to the number of concealed-carry permits (and thus good, law-abiding citizens packing pistols).  I seriously doubt if there has ever been any empirical data collected that would substantiate this theory, unless it came from the NRA.

First disclaimer:  I am not anti-NRA. Heck, I was a card-carrying member for years, before they changed their focus from protecting gun ownership rights to defending crackpot separatist organizations and denouncing all Federal officers as jack-booted thugs. As a retired Federal officer, I took personal offense at that.

Of course, my refutation of it is also based on decidedly unscientific methods; it comes from watching the local TV news.  Every morning and every evening, the local news starts out with the latest crimes.  Nearly everyday there is a report about a cop getting shot while raiding a meth house, or a bank being robbed, or a child being abused, or a child being kidnapped, or a child being murdered, or a home being burglarized.  Most days, all the above occur.  I have never, and I do mean never, heard of an instance where any of these crimes were prevented by a good citizen with a concealed-carry permit who whipped out her .44 magnum and shot it out with the banditos.  And I think I know why.

Second disclaimer: I am a gun owner.  Actually, I have lots of them.  So all you Second Amendment Commandos stop composing that email flame to me.  I am probably only different from you in that I believe in responsible gun ownership.  Heck, I even used to hunt regularly before I became so scared of being shot myself by some idiot who can't tell the difference between a deer and an elk. Does this make me in favor of (look out, he's going to say it) gun control?  Yes, with emphasis on the "control" part.  We have all kinds of controls imposed on us by government...for good reasons.  Like speed limits, and minimum age to consume alcoholic beverages, and who can fly you on that airliner.  Why not controlling who is and who is not competent to own a gun? And yes, I'm well aware that gun control will not keep weapons out of the hands of criminals, any more so than making it illegal to smoke dope, snort coke or shoot crack has eliminated drug abuse. Criminals will always break laws because, well, they are criminals.  I just want to make it harder for them to get their hands on a gun.

The reason is because very few average, law-abiding Utah citizens have the courage, much less the ability, to actually draw a loaded weapon, aim it at another human being and pull the trigger.  Especially when that human being looks dangerous and is waving around a weapon of his own.  I betcha that nearly every day a concealed-carry gun owner witnesses a crime, and when push came to shove, he couldn't use it.  To be honest, I am thankful for that, because I truly believe that a neophyte Dirty Harry would end up doing more harm than good if he tried to shoot it out with a seasoned, hardened and even more likely, experienced criminal in a bank robbery.  I think it would be disastrous.

Third disclaimer: I have never shot anybody, but like I said earlier, I'm a retired Federal officer.  I did serve 20 years in the Regular Army, so I got to practice doing it a lot.

So, while they are going to go to all the trouble of fine-tuning our concealed-carry law, I wish the Legislature would start over and consider the utility of the whole thing again.  Hopefully, before some law-abiding citizen accidentally kills an innocent bystander.

         

Thoughts on Firing Squads

The DesNews reports that while many want to prohibit firing squads, others are fighting to keep them. Sen. Dave Thomas argues, "A media circus is exactly what we want. We want them to know there are severe penalties if you come in here and do these kinds of things. It is one of the purposes of deterrence."

Personally I think that lethal injection is too sterile of a punishment for the heinous murders committed by these people. But that's just me. What do you think?

The Politics of Alcohol

The Salt Lake Tribune reports that:

Utah House members signed off on revised legislation from Syracuse Republican Rep. Dana Love that lowers the legal blood alcohol level for a second drunken driving stop to 0.05 for those with children in the car. The bill also allows testing for five illegal drugs and adds penalties for drivers caught with suspended licenses.

My question is, if the children are as important as Love says they are, and alcohol is as deadly as she claims, then why stop at 0.05, why not 0.02 as was in her original bill, or why not zero tolerance for alcohol in someone's bloodstream?

The problem I have with this bill is that I doubt it will make any difference. According to a story in Monday's Tribune during 2002, "six children died in accidents caused by drunk drivers in 2002. At the same time, 41 children under 19 years old died in car accidents because they were not wearing seat belts." If we truly care about the children, as Love says we should, shouldn't we be more concerned about seat belt use? More problematic for Love's argument, would any of the six children that died during 2002 in drunk driving accidents be alive if the legal blood alcohol limit was 0.05? If not, are there other things that could have prevented their deaths?

By way of full disclosure, I don't drink, but I don't have a problem with people who do. And I believe that penalties for drunk driving should be severe. But Love's bill looks like a solution in search of a problem.

The Broadband Problem

by Phil Windley

A few years ago, Charles Ferguson, of the Brookings Institute published a paper (PDF) entitled "The United States Broadband Problem: Analysis and Policy Recommendations." The paper makes four key points:

"First, the pace of deployment and technological progress in broadband services remains seriously inadequate." Note that when this paper was published in 2002, the U.S. was 7th in the world in broadband deployment. We're now 11th. The industry will tell you that that's because people don't want broadband. I'd clarify it even further---people don't want the broadband that they're offered by the likes of Qwest and Comcast who determine, as monopoly players, what you get. There's no room for the market to offer other choices.

"Second, the principal source of this problem is the monopolistic structure, entrenched management, and political power of the incumbent local exchange carrier (ILEC) and cable television (CATV) sectors, worsened by major deficiencies in the policy and regulatory systems covering these industries." SB66 is a perfect example of this. Qwest's CEO has declared that they will be a facilities-based carrier, which is industry speak for "we'll lock in the customers by owning the wires." Qwest complains that UTOPIA would compete with them. In fact, its not UTOPIA that would compete with them but the businesses that UTOPIA will enable.

"Third, this is a truly important issue. Failure to improve broadband performance could reduce U.S productivity growth by 1% per year or more, as well as reducing public safety, military preparedness, and energy security." I talked to my mayor and some members of my city council about this and they told me they're always getting asked about broadband. Its top of mind for them. Qwest is trying to use the legislature is trying to stop the multi-year deliberations of 18 city councils with one quick action.

"And finally, structural reforms in industry, policy, and the U.S. regulatory system are required. Appropriate policy measures include structural separation of switching, enhanced services, and data transport in the telephone industry; divestiture of content from transmission in the CATV sector; mandatory open interfaces for interconnection; increased financial transparency and disclosure; and reforms in regulatory systems to increase their efficiency, high technology expertise and political independence." UTOPIA is one of the most constructive ways I can imagine for this to happen. If the legislature wants to truly provide for Utah's future, instead of running Qwest's bill, they ought to be working to ensure that UTOPIA will be as open and transparent as possible.

I talked to my Senator last week about this and was somewhat reassured that Senate leadership is at least taking a look at these issues. However, the Senate advanced SB66 from its second to its third reading yesterday and that means it very close to passing. Its vital that we speak up now. I know that legislators listen to their constiuents. If you'd like to contact your Senator and Representative about SB66, Utahns for Telecom Choices has made this handy contact system available. Just click here to send an email. You don't even have to know who you're Senator is---just your Zip code. Its better if the email looks personal, so you may want to change the words. Its even better if you call. Here's a list of Senators by district with phone numbers and email. Note that you need to click on their name to get to a bio page before you can get their email address.

Richard Mack for Governor?

I heard from several people who questioned whether this site is really non-partisan since I didn't place Richard Mack on the straw poll on the homepage. I never said I was non-partisan, just the site. :-) In any event, I am happy to post submissions from supporters of any candidate for office. Just submit them and they'll be online. That's as non-partisan as I can make it. If you like Mack, write up a story and let the rest of us know why.

To tell the truth, I didn't put Richard Mack on the survey because I'd never heard of him. Once we have an official slate of candidates, I'll redo the list, but unfortunately, the survey program doesn't let me edit a survey in progress. In any event, the poll allows write-ins and at this point Mack is running second to Huntsman.

What is the Legislature Up To?

Bob Bernick has some interesting things to say about why the legislature seems to be even crazier than usual this year. From my brief experience there, I'd have to say that Bob's got it right.

Paying the Tax Man

by Hermit

Maybe you’re all smarter than me (in fact, it’s even likely!), but have I spent several hours each year for the past several years tracking down tax forms, reading the tax booklet, reading numbers from tables, and hoping I didn’t make a math mistake. This year, as I was browsing utah.gov, I stumbled across Utah’s TaxExpress Online Filing, a free tax filing service provided by our very own state government. If you meet the rather generous requirements (AGI less than $100,000 and took the standard deduction on your federal taxes, to name a few) you can do your state tax return through Utah’s web site. Mine took about 10 minutes. I asked for a check in the mail, and it was delivered within a week. If you end up owing taxes, you can pay through the site as well.

I’m not entirely sure how long this has been around (the information on TaxExpress insinuates it has been there for several years), but kudos to those on the hill for making it work. Yeah, there are some minor usability issues, but I’m rather picky about such things. Being rather naive about tax law, I’d hoped for a few more explanations (most can be found in the FAQ on the TaxExpress home page rather than during the file), but I was still happy with the system. I would use it again next year.

You can find TaxExpress at https://secure.utah.gov/taxexpress/taxexpressweb.

Also for those of you who were unaware, the IRS lists vendors who will provide free federal online tax preparation and filing to certain groups of people (AGI under around $35,000, or those under 21 or older than 62, or anyone on active duty in the military). The requirements for FreeFile vary from company to company, so go to irs.govirs.gov and check their list. Yes, there are companies on the list you will recognize, like H&R Block and TurboTax.

While I still don’t like paying taxes, I do appreciate the government’s help in making it significantly easier to do.

A Legislature of Lunatics?

by The Wise One

Okay, maybe that is a bit harsh, but is sure seems to the old Wise One, who's been around a long, long time, been to a lot of places and seen a lot of things, that this year's crop of legislators is a tad off-centered. Indeed, they are weighted far, far to the right, and their vertigo is obviously affecting their judgment.

Some of their gaffes are funny, some are just outrageous:

• A resolution "urging" Congress to withdraw the United States from the United Nations (the trademark theme of the John Birch Society, which last time I looked was considered a subversive organization in this country) because it "promotes abortion and population control".
• A bill that over-rules the University of Utah's sound decision to ban guns from the campus (I bet if kids packed pistols the professors would really be motivated to grade tough).
• The legislator who felt compelled to re-define rape, including the observation that it really is not that bad a thing, and most victims bring it on themselves anyway by drinking demon rum and getting drunk (tell that to the young girl in Midvale last year who was not only brutally raped, but nearly bludgeoned to death with a hammer by the beast).
• The other strange legislator who commented on the growing number of female criminals by warning that soon, the state penitentiary will be full of females and good, decent, law-abiding men should be alarmed by this and keep better track of their females (sort of like they do with the rest of their stock).
• A very, very weird bill that would have allowed vending machines in some schools, but not in others (does it really matter what grade you are in if the stuff is bad for you?).
• The bizarre bill that would drop the legal definition of DUI to a blood-alcohol level of .04, exactly one-half the current level, which is already the lowest in the nation (this in a state with the fewest number of drinkers per capita, probably).
• A resolution urging that the federal tax cuts be made permanent (really makes a lot of fiscal sense, when we are running a record deficit and fighting a costly war at the same time, this one is pure genius).
• A resolution proposing an amendment to the state Constitution which would define marriage as "only the legal union of a man and a woman", carefully avoiding a clash with the polygamist lobby by not stipulating "one man and one woman".

And it goes on and on. Hopefully, they will run out of such parallel-universe issues and find time to address the things most Utahns want resolved: funding for education, tax relief for the middle-class (not the privileged elite), ever-growing crime, destruction of the environment and rising cost of healthcare.

I just hope I live long enough to see them return to sanity.

Governor's Race Poll

The Huntsman campaign released the results of a poll yesterday which I reproduce here:

	Very Fav.	Somewhat Fav.	Somewhat Unfavorable	Very Unfav.	No Opin.	Never Heard of	Don't Know
George Bush	47%	28%	8%	17%	0%	0%	0%
John Kerry	7%	21%	15%	21%	14%	20%	2%
Scott Matheson Jr.	21%	40%	9%	1%	21%	6%	2%
Jim Hansen	21%	38%	11%	12%	11%	5%	1%
Jon Huntsman Jr.	27%	34%	4%	1%	23%	10%	1%
Fred Lampropolous	9%	14%	4%	1%	21%	49%	2%
Marty Stephens	6%	18%	12%	8%	14%	40%	3%
Jim Matheson	27%	45%	8%	3%	13%	3%	1%
Nolan Karas	4%	11%	4%	1%	15%	62%	3%
Richard Eyre	9%	17%	2%	1%	15%	53%	3%

The instructions to the poll takers were:

Screeners:  Screen out press, elected officials, those involved in political campaigns, screen for registered/likely general election voters by asking likelihood to vote in the general election.

The poll results also contained lots of head to head match-ups, which showed Huntsman as the only candidate able to beat Matheson. Interestingly enough, I can't find the results on Huntsman's site yet.

Mother-In-Law Apartments

Orem is causing a stir by cracking down on so-called "mother-in-law" apartments. By experience, I've become a fan of strong city planning and thus I'm not very sympathetic to the proliferation of illegal apartments. I know that many people in Utah feel otherwise because they have a classic "I own this land, I'll do anything I want with it" mentality. What's your opinion on city planning and why?

Governor's Straw Poll

Please cast your vote for Utah's Governor in our straw poll on the right side of the homepage.

Digital Democracy Teach-In

I'm at the Digital Democracy Teach-In in San Diego today and blogging the day's event at if you're interested. The event is being streamed live by IT Conversations.

Lincoln Day Straw Poll

A straw poll was held at last night's Utah County Lincoln Day Dinner for the Governor's and Congressional races. Obviously, there is a big question about the meaning of the results. Marty Stephens brought dozens of teenagers and young adults to help pass out treats and cheer him on during his speech to the delegates. How many of these supporters cast votes? Can Gary Herbert's strong showing extend beyond Utah County? Richard Eyre certainly must have been hoping for a stronger showing in this conservative bastion to help him make a decision about running. I will be interested in his response. Jim Hansen was in Washington, DC so that probably hurt his vote count. Lampropoulos was not there either, but delivered a well-crafted video message.

Candidate	Vote Count
Marty Stephens	458
Gary Herbert	352
Jon Huntsman, Jr.	248
Fred Lampropoulos	185
Nolan Karras	127
Parley Hellewell	86
Jim Hansen	82
Richard Eyre	38

Dean's Campaign

If you've been following the Dean campaign and wondering about the affect of the Internet on his rise and fall, Doc Searls has a thoughtful post with links to lots of other commentary as well. Personally, I agree with Dioecetes when he says that the Kerry is an easier candidate for Bush to beat.

Crowded Field

It looks like the race for Governor is about to get even more crowded. You can weigh in on Richard Eyre's decision on whether to run for governor or for congress in the second district by going to eyre04decision.com. We're also inching closer to a decision by Governor Walker on whether to run for another term.

I think Jon Huntsman is alienating a few people by making "corruption in government" his major talking point. Most Utahns understand that Utah has been rated as the best managed state in the country over the past few years and understand that things like education, the economy, roads and transportation are much bigger issues. Huntsman will continue to run a strong, well-funded campaign, but I hope he really focuses in on the most important issues and how to resolve them.

Tonight's Lincoln Day dinner at the McKay Center in Orem will be an interesting barometer for the candidates. I think that they are all expected to be there, including Richard Eyre.

Senate Bill 66

Pete Ashdown gives the following report of today's committee meeting regarding Senate Bill 66, which would not allow cities to use sales taxes to back UTOPIA bonds.

Senate Bill 66 was passed out of committee today. Senator Sheldon Killpack was the lone vote against SB66.

Senator Knudsen gave Qwest Utah President Jerry Fenn a tongue lashing over his horrible experience with Qwest in Brigham City, but Senator Knudsen left before the vote was cast.

Senator Mayne gave the summary comments before the vote, stating that he had received emails 8 to 1 in favor of SB66. He also reasoned that because his cell phone had reduced its size over the years, then obviously fiber would have no way of lasting 20 years.

Your Senator needs to hear from you now! Please spread the word. Senate Roster

in Support of UTOPIA

by Pete Ashdown

The following is a copy of the speech I delivered to the Salt Lake City Council during their "study session" of UTOPIA last night. The public hearing is scheduled for March 2nd.

In 1993 I founded XMission, Utah's first Internet Service Provider to the public. XMission has grown to support over 20,000 customers all over the world and Utah with 50 employees. One thing has not changed, and that is my commitment to Salt Lake City. XMission is a prominent sponsor of the Utah Arts Festival, the Living Traditions festival, and the Twilight Concert Series. Our support of non-profits is unequaled by any other service provider I know. We grant up to $50 a month in free service without bias to any state or federal registered 501C3 non-profit. I have remained downtown in spite of cheaper space outside the city, and most of all I have not sold the company in spite of numerous offers because I knew that although it might be good for me, it would be disasterous for my customers.

Because I was the first to walk the internet path in this state, I have had extensive experience in dealing with Qwest and before them US West. I am here to tell you that relationship has been repeatedly strained by the lack of foresight by their management and their unwillingness to listen to their customers.

In late 1995, US West rolled out a new data phone line known as ISDN. Their submitted tariff to the public service commission was so prohibitively high, that nobody would buy it. In a subsequent meeting with US West representatives, they angrily told me that my customers shouldn't be using the Internet for extended hours because that is not what their telephone system was designed for. When I responded with, "I have news for you, Internet use will only increase and you had better be ready for it," they shouted at me that I didn't understand the technical limitations of the telephone system.

Four years after I started XMission, in 1997, US West started providing Internet service to the home. In 1998, I was happy to see them offering "always on, always connected" DSL. Apparently it was not I who had not understood the limitations of the phone system, but the executives of the resident monopoly who had not understood the potential of the Internet.

I have been under the thumb of this monopoly for too long to believe their promises of change. Let me remind you, it was the Telecom Act of 1995 that was supposed to remedy all of this. Indeed, I have been able to buy my business telephone services from an alternate provider in Salt Lake City. That was not without its share of dirty tricks and feet dragging by Qwest. However, the choice for residential consumers is not as easily available. If I want telephone service over the same copper from an alternate phone company, I'd better be prepared to wait. If I want it from Qwest, I can get it in a single day.

Qwest has been kind enough to lease us their DSL system to provide Internet services to our customers. However, due to the fact that our customers may contact Qwest directly to order services, more often than not they aren't told that XMission or any other non-Qwest service is available. Customers repeatedly tell me that they regret having to leave XMission, but they need high speed Internet. When I inform them that they could have chosen XMission, they ask me why didn't Qwest let them know that? A good question with an obvious answer.

Comcast is also making great strides in the direction of high speed internet to the home. Yet they are keeping this for themselves in Utah. I understand that the local Comcast president recently stated that he understood their network to be open to other providers who would pay their wholesale rate. I don't know where this guy is golfing in February, but he certainly isn't spending much time in the office.

The UTOPIA metropolitan fiber network presents a light at the end of the tunnel for XMission. Unlike many UTOPIA critics, I was hesitant to pass judgement on the project until I fully understood its business plan. After I met with the UTOPIA representatives for the first time in December, I became a staunch advocate. I find that UTOPIA critics can not point to any specific problems in the plan. Indeed if there were problems, they could be addressed due to the openness of this process. Rather they rely on broad strokes such as "waste of tax dollars", "nobody wants it", "boondoggle" and "horrible name."

The newspapers deem this project too risky because they say there is no way to know what the future holds for telecommunications. This is an uniformed view based on a lack of understanding of fiber optics. Any 3rd grader with a science bent can tell you there is nothing faster than the speed of light. Light is the ceiling upon which all our communications are based. Even computers are starting to take baby steps towards using light instead of electrons. What really comes into play with the use of optics instead of wires is the spectrum potential. Each color can send a different stream of information, and when you consider that each color is defined by the ability to determine wavelength, the potential of fiber becomes beyond our comprehension. Scientists point to a theoretical limit of 1.6 TERABITS per second on a single fiber. To put that number in perspective, this is roughly 20 times the current global internet and telecom traffic usage. Newspaper editors don't think fiber has enough potential to last 20 years? Tell that to the companies laying undersea fiber.

When you compare this potential to DSL, cable, satellite and wireless, these other options become laughable. UTOPIA opponents who say fiber may be supplanted by some other technology are only displaying their ignorance and are not qualified to comment. Of course, the average citizen will not require this kind of speed now, but the potential of fiber is cemented.

Recent mention by council members state that the city should not be in the business of venture capitol. Now I have a pretty good understanding of venture capital, having turned it away over the past ten years. Venture capitalists are investors looking for high return, but aware of high risk. However, metropolitan fiber is not a mission to Mars. This concept has already been tested not only by other countries, but by the very communications companies here today. Its is frequently asked, if it is such a good deal why doesn't private enterprise undertake it? Because on a residential scale, the profits are miniscule in comparison to what can be made on a business scale. Why service grandma when you can cherry-pick downtown?

As Qwest Utah President Jerry Fenn says, "Why give them a RollsRoyce when a Chevrolet will do?" I have a better anology given the current situation "Why give the public cheap, fast cars when they have feet to walk with?" I think it speaks volumes that Jerry Fenn helped draft the original legislation that allowed the creation of UTOPIA. Now that it is actually becoming a reality, Mr. Fenn has a different taskmaster who with the help of the Utah legislature is trying to take that decision away from you, the city council.

I am puzzled at the relationship between the Utah Taxpayers Association and Qwest and Comcast. Are they telling us that it is OK for goverments to install monopolies and allow them to haul revenues by the truckload out of our state? Is it fine to be a captive rate-payer to a service-poor monolith just as long as the "T" word isn't mentioned? Recently they savaged the iProvo project as being one step away from socialism or even communism. How deposing the recalcitrant government installed monopoly Qwest, so competition can flourish qualifies as communism is beyond me. Qwest is so enamored with their antiquated network that the goverment bought them in the first place that they don't want to see the government step in to buy a better one. The only way Qwest would do fiber to the home is if they managed to find a way to transform copper into glass.

Momentum from other city councils is building behind UTOPIA. Five of the 18 cities have already approved it. What I fear most is that if Salt Lake City refuses to back this project, it will become a digital wasteland surrounded by cities with the foresight to move forward on municipal networks. These cities will not only become attractive for outside companies and households due to their superior network, but to residents and businesses already here. I do not want to see any more attrition away from the city I love.

Over the past ten years, I have never approached government for a handout to support my business. I have never shrugged my tax burden. I have supported downtown and given people good jobs. I have given back to the community and supported it in ways unheard of in my industry.

City involvement in the backing of UTOPIA is essential to guarantee its openness.

This business plan is solid.

The time is right.

Please join me in supporting the UTOPIA municipal fiber project.

Update: Pentagon Scraps SERVE

The Pentagon has decided to scrap an controversial Internet voting system called SERVE that UtahPolitics.org covered a few weeks ago.

The Pentagon will scrap the Secure Electronic Registration and Voting Experiment (SERVE) until the current system can guarantee the security of the voting process or a new system is designed, a Defense Department spokesperson said.

"The action was taken in view of the inability to ensure the legitimacy of the votes cast," the spokesperson said.

From Pentagon scraps Net voting plan | CNET News.com
Referenced Thu Feb 05 2004 20:39:01 GMT-0700

This doesn't solve the larger problem of finding a better way for overseas military members to vote, but it solves the short range problem of using an insecure system.

A Broadband World: The Promise of Advanced Services

by Matthew D. Bennett, Public Policy Director, Alliance for Public Technology

Letter No. 8, February 5, 2004

Dear Fellow Utahn

For all the sound and fury about UTOPIA and other city fiber projects, most of the debate around services focuses on doing what we do now, only more of it and faster. Zippier internet? Sure. More video channels? Of course. More responsible customer service? We certainly hope so.

But what about all the things that true broadband will allow that simply aren't possible at DSL or cable modem speeds? The article abstracted below focuses on these "advanced services". As abstracts go, it is pretty lengthy, so just look at the headings to find the one or two that seem relevant to your life, and you'll see what a transformational opportunity this is.

Not just the same only faster -- rather, the impossible made routine...

"Broadband is the word of the day. Highspeed, high- capacity, always-on, interactive services are universally regarded as the future of telecommunications. The potential for broadband is enormous. The applications made possible, such as telemedicine, distance learning, real time sign language interpreting and others, offer innovative ways to live, work and learn."

"There is no single 'killer' application. In fact, there are countless applications that are tremendously valuable. For a patient in rural Georgia who needs specialized health care from an urban hospital, telemedicine is a killer app. For students in a low-income school district who have textbooks that are older than they are, distance learning that connects them to dazzling research and resources is a killer app. Broadband's power lies in the flexibility of the technology. It can be used by different people and communities to address different problems in different ways."

Visit the Alliance for Public Technology's website

Integrated learning

"The schools are utilizing the [videoconferencing] interactivity to augment learning by partnering with outside groups and placing an emphasis on project- based learning. A program called Classrooms and Courtrooms brings together judges and middle school social studies students to discuss how the court system works. Students in the high schools are reading to elementary school students. Former Milwaukee students who are now in college connect with current students to discuss life after high school."

"Beyond learning activities, Milwaukee is using the technology for administrative and training purposes. The school district installed integrated attendance and payroll systems. Teachers are offered a diverse selection of training programs, including online courses on how to integrate technology into curriculum as well as basic courses on uses of the Internet."

Worker training

"The Communications Workers of America (CWA) now sponsors a unique industry-wide collaborative that allows workers to take online courses leading to a two- year Associate college degree in Telecommunications. The second program provides online networking certification training, including the only online Cisco certification training program, in combination with hands-on activities directed by trained CWA proctors."

"According to [CWA] program administrators, broadband would allow them to do many things they cannot do now, such as streaming audiovisual material or conducting real-time two-way conversations among students and faculty. In a broadband environment, the program could expand to include more multi-media interaction and distribution."

Online university

"Old Dominion University (ODU), located in Norfolk, Virginia, operates one of the largest university distance learning programs in the country. In spring 2000, ODU decided to offer interactive degree programs via video streaming. The program was tested using 56 Kbps modems, and during the spring and summer 2000 semesters, several hundred students participated. However, it was soon discovered that the low bandwidth transmission was not sufficient."

"Distance learning via video streaming and the Internet requires bandwidth. A student cannot reap the full benefits of attending a class online if the video transmission is slow and fragmented or if he or she cannot ask a question in real time. For distance learning to be truly successful, the students outside the classroom must engage themselves in the same fashion as those students physically present. Broadband connections provide distance students full access to the classroom."

Telemedicine in the home, and elsewhere...

"In 1991, the Association of Telehealth Service Providers (ATSP) identified three telemedicine programs operating in North America. In 2001, the number of programs identified had risen to 206. In 1999, ATSP estimated 74,828 telemedicine consults, excluding radiology work, occurred. This number increased from the 1997 figure of 41,740 telemedicine consults. As more Americans are able to utilize advanced telecommunications technology, telemedicine will continue to grow as a medical tool. The "Electronic HouseCall System" (EHC) was implemented in Augusta, Georgia. "From the home unit, the patient could check his or her pulse, blood pressure, blood oxygenation, temperature, glucose levels and heart function with a modified lead 2 electrocardiogram. This information is then sent to the medical staff."

"The patient and provider could also interact online through a videoconference. The clinician could use a stethophone to expand examination of the patient. The utility of the system was in many ways tied to available bandwidth. With broadband capability, the EHC system could incorporate a wider array of monitoring tools such as spirometers, fetal heart monitors and uterine activity monitors. Development of advanced health care services is unlikely without dedicated high-speed connections. Current incarnations such as DSL and cable modems are acceptable, but still limit the scope of potential applications. With general bandwidth availability, telemedicine technologies can be used to expand access to medical services and explore the delivery of more sophisticated medical services. Using the telemedicine system, the [Georgia] Department of Corrections has been able to significantly reduce the number of prisoners that had to be transported for medical treatment. In FY 2002, the telemedicine system conducted 1,651 medical consults. So far in FY 2003, there have been 2,822 consults. If each of those consults had been transported to the central prison, it would have cost the state of Georgia $572,866. Compare these savings to the cost of the broadband connection ($355,000) and it is clear that the telemedicine system is more than paying for itself."

Public safety

"Data is transmitted to the emergency vehicle from Winston-Salem's E911 Computer-Aided Dispatch (CAD) mainframe system. The CAD identifies the nearest fire vehicles for the incident type and location. The address of the emergency, details on the incident, status of other responding units, pre-fire survey data, information on possible hazardous materials involved, existence of gas and water lines, condition of occupants at the location, and other data transmits from the CAD to the on-board computer."

"When a fire alarm is initiated, the firefighters are immediately able to view the optimal route to the location. The city utilized global positioning satellite (GPS) technology to create a street centerline coverage that the computers then use to determine the fastest route to the emergency. The laptops in the emergency vehicles use the Geographical Information System (GIS) applications, which determine the route based on speed limits, one- way streets, turning movements allowed, etc. The GIS software also can alert the firefighters to any impediments on the route, such as downed power lines, and then create an alternate route. As transmission speeds increase, along with other technological advances, firefighters will have even more tools. Imagine if each firefighter was equipped with a wireless device that could transmit his or her exact location in a building, as well as vital signs, water pressure on the hose and oxygen remaining in the airpack. If that firefighter needed assistance or was injured, other firefighters could immediately respond, based on information displayed on the computer in the emergency vehicle or on another handheld device. The key to fighting fires is reacting quickly to changing situations. Information transmitted at high speeds gives firefighters the ability to respond as quickly as possible."

Real-time sign language assistance

"Sign language interpreters have become commonplace in society. They are often seen on television and at meetings and conventions. But where they are not seen, and often are in the most use, is in the everyday activities of people who are deaf. These individuals need interpreters for routine tasks, such as going to the doctor or even just having a conversation with a friend. This process requires scheduling an appointment with an interpreting agency, coordinating this with the doctor's appointment or the schedules of other people involved in the activity, waiting for the interpreter to arrive and then perhaps still being unable to finish a conversation if the interpreter has to leave for another client."

"The possibilities for video sign language interpretation are immense. Primarily, it allows for complete independence for people who are deaf. They can have conversations in private using sign language with other deaf individuals, a far more effective and appropriate means of communication than impersonal and difficult written communication over TTYs or message services. On an institutional level, hospitals would not need to have emergency arrangements for interpreters; they could use a video connection in the emergency room. Schools could have all classes interpreted. And the list goes on."

Strengthening communities

"On November 15, 2001, the Commonwealth Broadband Collaborative launched its first program. The presentation included a live performance in the interactive distance learning center at UMass Boston and participants teleconferenced in from Florida. From there, it was cablecast by the Boston Neighborhood Network, and sent via the fiber optic network to the distance education center at UMass/Lowell where it was distributed to an international audience via webstreaming. Finally, an online chat was inserted into the live event. It was truly integrated multimedia, requiring broadband for execution and distribution. This would not have been possible without the community connections the Collaborative had fostered."

"The Commonwealth Broadband Collaborative demonstrates how community-based organizations can work in conjunction to address the media, information and technology needs of their neighborhoods. Broadband provides the tools for these organizations to connect to each other, create content, reach out to the underserved areas and build stronger bonds in the community. This fusion of delivery and content showcases the potential of broadband as a vehicle for community development."

Info-tricity

"Each of Glasgow's schools has direct fiber optic connections to the network and transmission speeds of up to 100 Mbps. The Glasgow Independent School System has taken advantage of the new capacity to enhance education and the entire community as well. The broadband network enables the schools to transmit video from any classroom to every television in the town."

"A unique project made possible by the EPB broadband network began last year and is offering improved solutions to a common problem. 1,200 streetlights in the city are being outfitted with control units connected to the broadband network that will allow for the lights to be monitored on a secure website. Previously, many streetlights would "cycle," repeatedly turning on and off. Repairing this problem was time consuming and expensive. The new broadband monitoring system will ensure continuous operation of the lights, identify malfunctions and allow for immediate response, reduce overall energy usage by the streetlights, and lower maintenance costs."

Rural community development

"This connection is having a discernable impact on life in LaGrange. The Troup County Senior Center reported that seniors are using the Internet connection to research insurance policies, gather information about medical conditions and interact with other seniors who may have similar conditions, email grandchildren and trace family histories. Local banks have made presentations to the senior groups about online banking. Local businesses reach more customers with the spread of Internet connections."

"Through the city's initiative, there is strong use of the telecommunications technology that is so vital today. Community building in the 21st century is no longer solely about traditional infrastructure like roads and houses. Now, the new infrastructure that unites the community via broadband and communications technology is equally critical. LaGrange and its citizens will experience rapid growth because they are able to communicate with each other and with the world."

Delivering the promise

"It is imperative to showcase the applications made possible by the technology so that a greater understanding can be achieved and that efforts can be dedicated to making the technology available and accessible for all. These are the stories of how advanced services enhance lives."

"If we are to create the connected communities envisioned here, then we must move from a discussion of speed and providers to one of applications and benefits, with an unwavering focus on the public interest. People don't want to talk about broadband; they want to get their hands on it and use it."

Link to full report

So much more than faster status quo...

These advanced services are real. They're being delivered in other countries and in other communities. Just not here. Why? Because Qwest and Comcast have concluded that we have all the speed we need.

But it will only be their call to make if we let it. Call your state legislator in opposition to SB66 (Qwest's bill to kill city fiber in Utah), and click on our logo to easily send email to your city council members. Thanks!

Event: Utah County Town Meeting

All legislatures representing Utah County will be holding a town meeting tonight (Feb 5th) at 7pm at the Lakeridge Jr. High auditorium (951 S. 400 West, Orem). I'm not going to be able to go due to a prior engagement. If you go and would like to send me a report, I'll post it.

What's So Bad About a Little Nuclear Waste?

What's so bad about a little nuclear waste? I don't mean that question in jest. The Trib reports that "Rep. Stephen Urquhart's 'Don't-Dump-on-Us' bill that came out Wednesday would, in effect, force lawmakers to say 'yes' or 'no' on two new types of waste Envirocare of Utah wants to put in its landfill."

Why is the Utah state legislature so keen on micromanaging nuclear waste? Nuclear waste can be dangerous, but I have yet to hear of any examples of problems in the transport or disposal of nuclear waste. Am I missing something?

Thoughts About MATRIX?

I was wondering what people think about Utah's involvement in MATRIX (Multistate Anti-Terrorism Information Exchange). The Trib reports today that Mike Leavitt won't comment on his involvement.

MATRIX disturbs me. According to the Trib:

Officially, MATRIX contains information already available to Utah law enforcement officials, including criminal and driver license records. The Associated Press has reported, however, that the network combines these and other state records with 20 billion pieces of data held by Seisint Inc., a private company in Florida that was hired to work on the pilot program.

It is even more disturbing that the state went forward without approval from the legislature or the people.

If this system would have stopped the 9-11 highjackings, then maybe it will be useful, but the potential for abuse seems too great to justify it otherwise. What do you think?

WiMax and Utopia

The Trib is running an article today about the newest wireless broadband--WiMax. While WiMax isn't proven technology, during the life of twenty year bonds to pay for Utopia, either WiMax or better wireless broadband will compete with Utopia's fiber. This ought to be a little food for thought.

Better food for thought is when will Utopia provide the real benefits of fiber (ie. Internet bandwidth in excess of the 3Mps you can get currently with cable)? The article says that "Wireless is still 100,000 times inferior [in terms of speed] to fiber. When it comes to capacity, it is the difference between a scooter and a freight train." While this is true, if you only give users access to the scooter, what's the point of having the capacity of a freight train? iProvo fiber's is only currently planned to provide internet bandwidth of between 1-3 Mbps. Apparently this is 1-3Mbps download and upload, but it isn't much better than current cable connections which allow for 3Mbps download.

Utopia will provide an incredible amount of bandwidth, but it will do so at a high cost. The question is whether people are willing to pay for the high cost to access an incredible amount of bandwidth they might not be willing to pay for. We don’t know if Utopia will provide the incredible bandwidth promised, or if they will follow iProvo’s path of limited bandwidth. Currently, the only reasons I would want a faster internet connection is so I could host my weblog at my house and so I could host a Halo server. How many Utahns are willing to pay for that bandwidth luxury? If Utopia becomes reality, we will find out.

Utah's Do Not SPAM List

by Phil Windley

HB 165, sponsored by Rep. Michael Styler, R-Delta, would establish a "do not SPAM" list for Utah citizens. In theory, once you've put your email on that list, any SPAMMER would face stiff penalties if they sent you email.

Once registered, the e-mail addresses could potentially be protected from pornographic advertisements, gambling promotions and other inappropriate messages.

"This is a revolutionary idea that parents can just sign up and protect what is coming into their homes," Styler said.

Like the Do Not Call list, companies sending out mass e-mailings would have to clean their database of any addresses on the list or face misdemeanor charges. A person who steals names from the database could also face second-degree felony charges.

From deseretnews.com | Slowing spam to kids is bill's aim
Referenced Tue Feb 03 2004 13:11:21 GMT-0700

With all due respect to Rep Styler and Attorney General Mark Shurtliff, this bill shows a remarkable cluelessness regarding the differences between telemarketers and SPAMMERS. I've never, to my knowledge, received a telemarketed solicitation that didn't involve an established company operating within the US. Almost every SPAM I receive is from a small, fly-by-night operation or, even worse, from overseas. These guys will just thumb their noses at this bill and the penalties involved and continue what they're doing.

I can sympathize with Styler and Shurtliff--they have constituents who want action and they want it now. So, they'll pass this bill, everyone will pat themselves on the back and congratulate themselves on "protecting Utah's children" and the problem will continue unabated.

The truth of the matter is, that unlike many things, SPAM really is a technology problem. The problem is that there is no easy way to tell that a particular email came from the user who claimed to send it. That's a fundamental flaw leftover from the days when the Internet was a big collegial party (pre-1994). The problem will be solved if email is to be useful, but laws like this one are a waste of time and money.

For some ideas on possible technology-based solutions to SPAM, see the following:

• Using Identity to Fight Spam
• The Dark Side of Digital identity
• Making SPAMMERS Pay

Arbitration Response

by Mark Fotheringham

In regards to Medical Arbitration, Tom Gregory wrote in a previous article: "The wronged patient pays half of the potentially significant cost of arbitration, whereas many law firms will only charge clients if they win."

However, I do not think this is a valid criticism of medical arbitration. There is nothing in Utah's Arbitration Law that would prevent a law firm from taking an arbitration case on contingency, just like they do for cases going to trial. In fact, every case that has gone to arbitration so far has included legal representation of the plaintiff on contingency.

The overall costs of arbitration cases have been significantly less than the cases that have gone to court (1/2 to 1/3 the cost for similar cases), according to Utah's arbitration guru Elliott Williams, JD.

Perhaps this is why only a few of the legal "high rollers" like Jim McConkie, JD, (whose last shot at IHC netted a $9 million jury award) are actively campaigning to gut Utah's current law, which the Utah Trial Attorneys Association agreed to last year when the six-year trial period was added as an amendment.

I agree that IHC's specific agreement is too one-sided and needs to be changed. But this is a job for the market, not the legislature. If enough people are upset about the specifics of IHC's agreement, IHC will change it in order to keep their business coming in. As Utah legislator Ed Mayne noted in the newspaper recently, IHC has come to the table and is making revisions to its agreement based on the public outcry. I think we should let that process play out and see what comes of it before crawling to the legislature for restrictions that will apply to all who use arbitration.

By the way, I noticed that Parley Hellewell's bill (SB 117) has a serious Constitutional Note added to it by the Office of Legislative Research. So, even if it should pass (doubtful), it could easily be struck down for violating the Federal Arbitration Act.

As much as people like to think otherwise, health care is not yet a civil right. If healthcare should ever become a right, then the government will have the responsibility of providing it equally to all citizens. Until that time, however, physicians should maintain the right to choose the conditions under which they are willing provide their services, just like any other private business. The right to contract is just as valid as the right to a jury trial, even more so if you understand that the Seventh Amendment to the U.S. Constitution has never been incorporated to apply to the states. Utah's constitution says that a citizen may demand a jury trial in civil cases. But if they do, we maintain that physicians should have the right to respond by saying, "If you demand the right to drag me though the hell of litigation to resolve a dispute, then perhaps you are too big a risk for me to take on as a patient."

[Editor's Note: Mark Fotheringham is the Director of Communications for the Utah Medical Association. However, the views expressed are his own.]

Medical Arbitration Controversy Continues

Mandatory medical arbitration has been discussed several times on this site:

• Mandatory Medical Arbitration: A Real Non-Choice
• NMIC, is it the right time?
• Medical Arbitration Follow-up and Poll

This issue continues to attract a good deal of attention in the legislature. An article in yesterday's Deseret News entitled Arbitration: Is health-care 'fix' unhealthy for patients? contains some good pictures and poll results. Be sure to take our poll and view the results.

Senate Bill 66 Crafted By Qwest to Kill UTOPIA

by Peter Ashdown

Two years ago, the Utah Legislature passed a bill that prevented local municipalities from competing directly with providers of internet, telephone, and video services. However, they left open the possibility that cities could build municipal networks that would then in turn be leased to providers of such services. Now Qwest is trying to change the rules again by helping to draft a bill that stops cities from backing municipal bonds to build such networks. Senate Bill 66, drafted by Senator Bill Hickman (R) St. George was hand crafted by Qwest to protect their monopoly and kill the UTOPIA project.

Qwest's actions are expected but ironic, the very network they are protecting for themselves was originally built directly with taxpayer funds. What has been done since then was constructed on the backs of captive customers. How Senator Hickman expect cities to build fiber networks without backing municipal bonds is a mystery. Maybe he doesn't and that suits Qwest's agenda just fine.

Please let your Senators and Representatives know what you think of their protection of the incumbent monopoly:

• Utah Senate roster
  
• Utah House of Representatives roster

Additional links:

• Salt Lake Tribune "Senate bill puts hurdle in path of UTOPIA project" Note that the Tribune article that the AT&T exclusive is 22 months. This is for "triple-play" providers only. Single service operators are excluded for 9 months.
• Mailing list for proponents of UTOPIA