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Monticello FiberNet Attempts to Adapt Business Plan

Monticello, a small community of 13,000 about 40 miles northwest of Minneapolis, built one of the most advanced broadband networks in the midwest and delivers some of the fastest connections available in the state at incredibly competitive rates. The Twin Cities metro area, stuck mostly with Comcast and Qwest, cannot compare in capacity or value.

Monticello is fairly rare in the publicly owned FTTH region because it does not have a public power utility and services on the network are provided by a third party, Hiawatha Broadband Communications -- a Minnesota company with an excellent reputation and track record.

Unfortunately, Monticello's network suffered costly delays due to a frivolous lawsuit filed by the incumbent phone company in a bid to bleed the publicly owned network while it suddenly invested in its own second generation network (that it previously maintained was totally unnecessary for a small town like Monticello).

Monticello lost a full year on the project, which has hurt its finances significantly. More unexpectedly, it has become the only community in North America where all residents have a choice between FTTH networks. They also have Charter in the mix. Add to this the economic downturn that hit just after they financed the network in 2007 -- the population growth has been much lower than forecast. The predictable result? Much lower prices, lots of community savings, and a publicly owned network that is behind its projections.

The local paper recently ran a story about the project, "FiberNet struggles in a sea of red. Should you read the full piece, please be aware that the inaptly named "Freedom Foundation" has no credibility, existing solely to defend massive corporations like cable and telephone companies.

For those who wonder why incumbents filed absurd lawsuits that have a vanishingly small chance of winning, note this discussion from the story:

“It stopped us from really building the system by about a year,” said Finance Director Tom Kelly, “which put our revenue collections about a year behind. Obviously if you don’t have a system, you can’t bill people for it.”

“The delay has created a substantial impact in our ability to cash flow because money had to be spent paying for costs related to the lawsuit,” added O’Neill.

At the same time, Kelly said, they still had to make interest payments on their bonds, leaving them with expenses but no revenue source. He said if the city had pushed its business plan back about a year, they actually would be ahead of the game from a revenue standpoint. From an expenditure standpoint he said they would still be behind. This is happening, he said, because of the added cost the city incurred when it tried to build the system in 18 months versus the two to three years it had planned on before the lawsuit.

The City operates a municipally owned liquor store and is using proceeds from that fund to cover shortfalls in FiberNet currently. In time, they plan for FiberNet to get back on its feet and repay the liquor loans. Should the problems continue, Monticello will have to make a choice. It issued non-recourse revenue bonds, meaning the City has no obligation to cover shortfalls. However, there are credit implications of that decision.

FiberNet Monticello

In 2007, voters overwhelmingly supported the network with a 74% yes referendum vote. Unfortunately, people often have short memories when they suddenly see all the prices in the market drop and billboards advertising a free TV for those who switch away from the publicly owned network.

In response to the story, and more generally, the less enthusiastic response to the network than was demonstrated in the referendum, Mayor Clint Herbst published an op-ed in which he notes that they followed the will of the people and TDS sued the town, disrupting their plan.

He finishes strongly, with a personal example as the owner of a video rental store:

Those operating dollars were counted on to get this system past its first couple of years. Anyone that has started a business knows that the first couple of years are critical. In FiberNet’s case, many dollars have to be expended to get the system in place before revenues can be realized. Our business plan showed that it would be close to dipping into the red as our expenditure exceeded our revenue and that is why we needed the full $26 million - not the $20 plus million left after our battles in court.

The whole idea behind this system has been to bring in some competition and it has been a successful mission. Monticello has gone from paying some of the highest rates in the nation with miserably slow speeds, to some of the lowest rates in the nation with the highest speeds available. FiberNet will not be sending your dollars out of the city or even the state. We will keep those dollars local and when the bond is paid off, those dollars will go back into our parks, programs, aid in lowering the levy and so on. FiberNet cannot compete with the predatory pricing that others use. We are charging a fair price for great service and a top-of-the-line system. Others have come in to offer great deals at prices that are designed to put your company out of business. It is no different than what Netflix and Red Box did to the video stores. Now that the video stores are out of business, the prices have started and will continue to increase. You are fooling yourself if you think it will be any different in the telecommunication industry.

People have to make adult choices. They city chose to build a publicly owned network that significantly lowered prices by all competitors in the market (if not list prices, the competition has increased the use of promotional discounts). If people choose to then turn their backs on the network, that is their decision. But they should not fault elected officials if the network fails to break even. The community will likely have gained on net -- the lower prices everyone pays keep real money in the community that almost certainly adds up to more than the unpaid debt of the network. But complaining about government is a far easier exercise than a full evaluation of the fiber-optic network.

WindomNet Saves Jobs, Provides Stellar Customer Service

Minnesota Public Radio, as part of its Ground Level Broadband Coverage has profiled WindomNet with a piece called "Who should build the next generation of high-speed networks?"

Dan Olsen, who runs the municipal broadband service in Windom, was just about to leave work for the night when he got a call. The muckety-mucks at Fortune Transportation, a trucking company on the outskirts of town, were considering shuttering their office and leaving the area.

"They said, Dan, you need to get your butt out here now," Olsen recalls. "I got there and they said, 'You need to build fiber out here. What would it take for you to do it?'"

Fortune, which employs 47 people in the town of 4,600, two and a half hours southwest of the Twin Cities, relies on plenty of high-tech gadgetry. Broadband Internet access figures into how the company bids for jobs, communicates with road-bound truckers, controls the temperatures in its refrigerated trucks and remotely views its office in Roswell, New Mexico. Fortune even uses the Internet to monitor where and to what extent drivers fill their gas tanks in order to save money.

Yet, when it was time to upgrade company systems three years ago, Fortune's private provider couldn't offer sufficient speeds.

That's where Windomnet came in. Though Fortune was a mile outside the municipal provider's service area, "We jumped through the hoops and made it happen," recalls Olsen. "The council said, "Do it and we'll figure out how to pay for it.' We got a plow and a local crew. We had it built in 30 days."

I have thought about this story frequently when I hear claims that publicly owned networks are failures. For years, lobbyists for cable and phone companies have told everyone in the state what a failure WindomNet has been - they crow about debt service exceeding revenue while ignoring the fact that all networks -- public and private -- take many years of losses before they break even because nearly all the costs of the network are paid upfront.

Toward the end of the article (which should be read in its entirely rather than in the snippets I repost here), Dan puts the matter in context:

Dan Olsen retorts that Windomnet was never designed to make money; one of the benefits of a municipal system is that nobody takes profits out of it. He says the plan was to break even by year five, which arrived in 2010, and it looks like they'll come within $50,000 of doing so.

"We don't charge enough to make money," says Olsen, noting that Windomnet serves the vast majority of the town's 2,000 homes with internet, phone, cable or all three. They also provide free service to city buildings and the library. "The point is not to make money, but to break even," Olsen says. "The number one goal of the system is to provide broadband to the residents of Windom."

And the vast majority of residents take service from WindomNet. With a population of 4600, meaning probably 2000 households, the network has 1846 fiber drops that are active with at least one service. They have people working for companies in South Dakota but able to work from home regularly due to the Internet connection. Compare that to Sibley County, where Qwest has not even bothered to offer DSL in the county seat of Gaylord!

And the customer service comes highly recommended. Again, from the MPR article:

For his part, Dale Rothstein, who runs the IT systems at Fortune in Windom, says, "I get three calls per month from people trying to get me to convert. I say 'no.' Dan and Windomnet took care of us. I'm not going anywhere. It's a great relationship. When there is a problem, I call and it's taken care of. It's great to have a local company to deal with."

Major providers, like Frontier (famous for some of the worst DSL in the nation) pretend to be reasonable on the issue by claiming that publicly owned networks will make it harder to reach the highest cost households. This must be why Frontier is trying to derail the Sibley County project from building fiber-to-the-farm when Frontier can't even provide reliable slow DSL across all of its phone lines in the area. Not only does Frontier have no plan to connect these farmers, they have no reason to as such an investment would not generate sufficient return for them to be interested.

FiberNet Monticello

TDS has been the king of BS in this arena, putting out patently absurd press statements that reporters feel compelled to repeat no matter how implausible. Regarding Monticello, MN, which built a FTTH network compelling TDS to upgrade their poor DSL service (while also delaying the Monticello network with a year-long frivolous lawsuit that was eventually tossed out of court):

Fast forward to today, a city with two fiber networks. Andrew Petersen, director of external affairs for TDS, acknowledges "the importance of broadband to stimulate economic development in urban and rural communities" and says his company would have built a fiber network eventually, without prodding from the city. He believes the network may be somewhat ahead of its time, though.

Ha! Monticello begged TDS to invest in a modern network and TDS refused, saying that their DSL was perfectly suitable for what Monticello needed. They suddenly changed their mind when the City decided to build their own network to ensure not only faster, more reliable connections, but a LOCAL option.

Keep an eye on this MPR coverage of broadband - they have several of the few reporters in the state that have developed a good background in telecom and can get beyond the soundbites too common in broadband coverage. Well done.

This article led to a great response on Connected Planet Online by Joan Engebretson:

Take this quote from a Frontier executive cited in the MPR story. “Simply pouring money into projects that overbuild and compete with networks built by private investment discourages private investment and does not help reach those highest cost households,” the exec said. “Duplication of the network is no guarantee of success, and is often simply a waste of both public and private resources.”

This argument, of course, ignores the fact that if the new facilities truly were simply a “duplication” of what was already there, there would be no need for them and local municipalities would not be taking on the task of building the new higher-speed networks.

Exactly.

In Wisconsin, Residents beg for broadband

The private sector is not going to expand broadband to everyone. Some places simply do not offer enough promise of profit.

This story out of Wisconsin, "Residents Beg for Broadband" not only reinforces this truth, it looks at what happens when people depend on the private sector to control essential infrastructure.

Some Berry residents may have to move if they can't get high-speed Internet access, according to town officials, because their employers require them to have the service for working from home.

"Parents have told us their children are at a disadvantage by not having high-speed connections," Town Chairman Anthony Varda wrote in a recent letter to TDS Telecommunications, the town's Madison-based telephone provider.

"It is critical to the success of rural students, people working from home, and residents serving on nonprofit boards, committees and local government," wrote Varda, an attorney with DeWitt, Ross & Stevens.

Their property values are going down because few people want to live someplace without fast and reliable access to the Internet.

To cap it off, Wisconsin is one of 18 states with laws to discourage communities from building their own networks. TDS puts on an act about how difficult it is to tell these people that they aren't getting broadband ... but if they were to build it themselves, I wonder if TDS would sue them like it did Monticello.

In asking the state PUC to require TDS to expand, the residents are taking a unique approach. I can't really see it working under the modern rules.

It long past time we realize the limits of the private sector: The private sector is simply not suited to solve all problems. Matters of infrastructure are best served by entities that put community needs before profits.

(Image: Liberty rotunda mosaic at Wisconsin State Capitol, Madison, Wisconsin, a Creative Commons Attribution Non-Commercial No-Derivative-Works (2.0) image from photophiend's photostream)

TDS Ups Ante in Monticello with Predatory Pricing

Monticello Minnesota, the small community located 40 miles northwest of the Twin Cities, recently returned to the news when its telephone incumbent, TDS, began offering a fast 50/20 Mbps residential broadband connection for $50/month.

Nate Anderson, of Ars Technica, covered both the story and backstory (something he has extensively reported).

But the entire congratulatory press release glosses over a key fact: the reason that Monticello received a fiber network was the town's decision to install a municipal-owned fiber network to every home in town… spawning a set of TDS lawsuits that went all the way to the Minnesota Supreme Court, which ruled in favor of the town.

I might also note that the press release and much of the coverage also glosses over a one-year contract and early termination fee (though it isn't clear if this is applied in all circumstances). However, Nate nails the story by framing it with the title "Want 50Mbps Internet in your town? Threaten to roll out your own."

We spoke to TDS about the situation last year, and its director of legislative and public relations told us that TDS didn't act earlier because it didn't actually know that people really, really wanted fiber; once the referendum was a success, the company moved quickly to give people what it now knew they wanted.

Of course, TDS did not start rolling fiber after the referendum. They waited. It was only after the City successfully bonded for the project that TDS acted (first by filing a lawsuit to block competition and second by investing in their network to be competitive when the doomed lawsuit would inevitably be dismissed). TDS did not change course because they suddenly realized that people wanted better broadband, they did it because they knew that they would have to invest or perish when confronted with actual competition.

Nate's article looks at other communities that have followed a similar trajectory. This story seems to have inspired another excellent post by Phillip Dampier at Stop the Cap: Municipalities: If You Threaten to Build It Yourself, Your Faster Speeds Will Come.

I take some issue with the title - hollow threats are rarely enough. While the threat of competition may be enough, in some circumstances, to temporarily boost investment from incumbents, only actual competition will ensure that investment continues and rates remain affordable.

Karl Bode picked up on the story which led to some interesting posts in the comment section ... especially toward the bottom when other TDS customers weigh in on their inability to get broadband at any speed. I have to fully agree with this commenter:

This might be one of the few instances when I feel a telecom did the wrong thing by offering FTTH. If TDS actually cared about being providing faster and better service to their customers they would be wiring cities that don't have a FTTH alternative.

After fighting, delaying and losing FTTH all in an attempt to maintain their monopoly, TDS has developed a new strategy. Undercut muni FTTH till it fails. They can subsidize FTTH in monticello with money from the rest of their network. As soon as muni fiber fails they can shut down or raise price of their own fiber network.

Maybe I'm wrong. Maybe Monticello MN population 10,000 (very rural) is such as lucrative market that TDS is a visionary by offering FTTH. That must be why verizon wires only rural cities and sells off urban and suburban ones. [sarcasm noted]

The commenter goes on to note that if people continue signing up with TDS (after overwhelmingly supporting the referendum to build the network), they will suffer from the fallout of not being able to pay off the revenue bonds and TDS will resume its poor practices if competition ceases.

fnm-prices.pngThough TDS grabbed headlines with its bold (read: predatory) 50/20 offering, Monticello Fibernet is no slouch. See prices on right - no contracts, no "introductory" prices, and all connections are symmetrical. Some have asked me how Monticello will respond to the new pricing and speeds from TDS and I do not know the answer.

I think it important to note that Monticello owns the network, but the network is operated by, and services offered by Hiawatha Broadband Communications, not the municipal government. Though HBC (a company out of SE MN with a great reputation for customer support and meeting community needs) is far more responsive that the incumbents, Monticello has different constraints upon it than most community fiber networks where the services are offered by the network owner.

TDS-fiber.pngMeanwhile, this graphic from the comments of Karl Bode's DSL reports story reveals a fundamental truth: Monticello citizens have a unique opportunity. No one outside the community has access to faster speeds or lower prices. They have the deal with same annoying practices where the user very rarely achieves the advertised speeds and price spikes following the "introductory" period. Further, many of the DSL packages require a phone package as well, making prices higher than advertised.

Ranking Broadband Stimulus Applications in Minnesota

Our focus on the broadband stimulus is almost entirely on last-mile infrastructure because it is the most challenging and expensive problem to solve before all Americans will have affordable access to the broadband networks they need in the modern era. As we are most familiar with Minnesota, we decided to take an in-depth look on who is proposing what projects in our state.

Total Infrastructure Grants Requested for Last Mile solely in MN: at least $240 million
Total Infrastructure Loans Requested for Last Mile solely in MN: at least $85 million

Groups seeking stimulus funds to deliver last-mile broadband access in Minnesota have asked for hundreds of millions of dollars. By my tally, some 17 applicants are seeking to serve Minnesota with last-mile access (I threw out applications pertaining to middle mile infrastructure, digital divide, and those last-mile projects that combine Wisconsin and North Dakota areas) have requested some $240 million in grants and $85 million in loans.

If one assumes that the total amount of money is divided evenly among the states, this is somewhere around 3x as much stimulus money that will be awarded to Minnesota applicants over the course of the multiple rounds of funding.

At some point, this list will have to be winnowed and prioritized, so let's delve into it. All applications still must survive the peer review process (ensuring they met NTIA/RUS requirements), the incumbent challenges (incumbents can veto applications by showing that targeted areas already have broadband advertised to them), and the prioritization of surviving projects by each state (no one seems sure of how this will happen in Minnesota, our Governor is too busy not running for President in 2012).

There are two applications that should be jettisoned immediately, Arvig Telephone Company and Mid-State Telephone Company, both of which are owned by TDS Telecom. [Update: I have now heard conflicting reports on whether Arvig is, in fact, a subsidiary of TDS]

When NTIA formulated the stimulus rules, it ignored Congressional intent by allowing any private company to apply despite the requirement that the company act in the public interest.

Though NTIA ignored the intent of Congress, states like Minnesota should absolutely use that criteria in deciding how to rank projects. You may recall that TDS Telecom filed a frivolous lawsuit against the city of Monticello, which was tossed out of court at the earliest opportunity, but TDS continued obstructing the community's plans until the company ran out of appeals (our coverage here. TDS Telecom abused the court system by using it to delay a network approved by 74% of voters for more than a year in an attempt to prevent competition in the community. Few companies have abused the public trust more egregiously; they should be prohibited from receiving public money.

Further, government grants should certainly not be given to such a profitable company in order to expand their slow DSL services rather than offering the higher speeds that are needed by communities in 2010 and beyond.

Minnesota should prioritize publicly owned networks when it comes to public dollars. Unlike networks run by absentee network owners, these networks are directly accountable to the citizens of the community. Thus, projects like Lake County, Cook County, and City of Windom should all be front-runners. These grants are expensive in the short term, but they are investing in a technology that will last decades, rather than already-obsolete DSL. Rural Minnesotans need broadband, but extending speeds that already lag behind needs is not a wise use of public money.

Other smart projects that will deserve a hard look are the cooperatives that have applied - they have been borrowing from the federal government for years to extend state-of-the-art fiber networks to rural communities. Unlike companies like TDS and Qwest, they find it economical to bring fast and affordable access to their subscribers because they put community needs before profits. This is a model that needs to be expanded in rural areas.

Finally, we also support the applications of Donny Smith in several areas - his Jaguar Communications company runs an open network, allowing competitors to serve the community (again, something that other private companies avoid in order to maximize profits). He is working in several Minnesota regions to build fiber-to-the-home networks.

Basic Information about some MN Broadband Grant Applications available here - apparently, this does not include all applications aimed at Minnesota, but just applicants based in Minnesota.

Photo by Jackanapes, used under creative commons license.

Community Broadband in July/August Broadband Properties Magazine

The July/August issue of Broadband Properties features a number of stories relating to community broadband. Editor Masha Zager explains how the stimulus rules hurt communities:

The NOFA explicitly calls 768/200 Kbps broadband “sufficient access to broadband service to facilitate rural economic development,” but how many jobs will this kind of broadband really attract to a depressed area? How many new services can service providers sell over such networks? Will the networks support public needs for distance education or health care? And how long will it be before the equipment has to be replaced? In the words of a rural telco manager I spoke with recently, “You want to put money into something long-term if you’re going to start building networks. Don’t build something you’ll have to throw away in two or three years.”

Steve Ross takes a look at two networks in Minnesota - the much discussed Monticello FiberNet and a proposed network in Lake County (see Lake County Fiber Network Project FAQ):

Lake County is a rural area in northeastern Minnesota. Its planned network requires 800 miles of fiber to more than 7,300 homes and 500 businesses – every premises in the area that has electricity or telephone service now. It’s the first project of National Public Broadband (www.nationalpublicbroadband.org), a nonprofit helping communities develop and operate municipal fiber networks. NPB’s CEO is Tim Nulty, director of the ECFiber project awaiting funding in Vermont.

Steve discusses the crap that TDS is pulling to again prevent competition in Monticello. Despite being laughed (albeit slowly) out of court in their attempt to stop the city from building a fiber network, they are now attempting to incite a bondholder lawsuit by spreading more FUD (fear, uncertainty, and doubt). Interestingly, Steve suggests that TDS' numbers do not add up and that they are advertising fiber services while offering advanced DSL (not that any other private companies have similarly lied).

Finally, I recommend "Texas School District Delivers Online Learning Over Fiber." This is another why-rent-when-you-can-own story. Just as many other schools districts have found, they should own the networks rather than lease circuits from private providers. It results in better services at lower prices.

Ultimately, the economic inefficiency of leasing fiber, the anticipation of more bandwidth-intensive interactive learning programs and the proposed expansion of the number of network endpoints led the school district to investigate implementing its own fiber infrastructure. In addition to saving the cost of leasing lines, building its own fiber network enabled the district to have complete control over its network.

However, these networks should be built as part of a larger plan. It hardly makes sense for the schools to pay for an entire network that will likely overlap the network other community institutions needs. Therefore, these networks should be built in conjunction with a larger publicly owned network to ensure the entire community can benefit.

Monticello Lawsuit Saga Over; MN Supreme Court Declines Review

In a quick followup, the Minnesota Supreme Court has affirmed the obvious by refusing to review the Appeals Court decision in the TDS (acting as "Bridgewater") v. Monticello case. This means the Appeals Court decision stands; Minnesota cities have the authority to bond for broadband networks. Read our previous coverage of this case here.

When TDS originally sued Monticello, the City had to place the investor money (raised via non-recourse revenue bonds) into escrow for the duration of the case. If the case were not resolved by June 19, 2009, Monticello would have had to return the funds to the investors, leaving it unable to finance the project. Bonding again would have almost definitely resulted in less favorable terms than those achieved before the economic meltdown.

Following the Appeals Court decision, on June 2, 2009, TDS could have had up to 30 days to request review from the Supreme Court. John Baker, an attorney from Greene Espel who represented the City throughout the process, asked the Supreme Court to expedite the review in order to prevent TDS from merely using its thirty days to run out the clock (thus winning the war while having lost every single battle).

Today, the Supreme Court sided with the Appeals Court and an obvious reading of Minnesota law: Minnesota cities are well within their authority to bond for and build broadband networks.

Monticello will immediately start work on the city's publicly owned fiber-to-the-home network. TDS has argued that such a network would now be redundant as they built a fiber network while abusing the courts to stall for time. However, it remains to be seen if TDS is truly connecting all homes with fiber, or is still using copper for that final connection (much like AT&T does in its U-Verse). The top TDS advertised speeds are 25 down and 10 up, which can be achieved with VDSL.

If TDS has truly built a fiber-to-the-home network, Monticello will be the first place in the U.S. with competing full fiber networks. However, I'm not sure that TDS will be able to compete with FiberNet Monticello on some fronts as TDS offers it television via a partnership with a satellite company. Monticello will undoubtedly have more local content and probably better customer service.

Lest you think the court battle is over, Monticello is entitled to recover some of its costs due to the lawsuit. TDS never had a good case, using the courts to delay the City's network by some 362 days or so. However TDS had to post a $2.5 million surety bond at the beginning to ensure it would be able to pay in the event that they lost and Monticello can prove damages. Additionally, TDS still has crafty lawyers that will undoubtedly try again to disrupt the City's network using any means necessary.

Monticello's elected officials and city staff have shown considerable courage throughout this ordeal - refusing to be bullied by their incumbent. Others may have been content to back off once TDS actually began investing in their City (though incumbents have frequently made promises under the threat of competition that they never made good on). It certainly would have been the easier path. But they held strong, backed by the 74% positive vote on the referendum to build the network.

Thanks to them, all Minnesota communities now have a court precedent to strengthen their resolve if they decide a publicly owned broadband network is necessary for their vitality in the 21st century.

TDS used the courts to blunt competition, creating an entire year they could use to entrench themselves. Monticello has lost a year and will now have to modify its business plan in light of the changed market. At least the citizens of Monticello will soon have a choice - the publicly owned FiberNet Monticello or a beefed-up TDS network at discounted prices (which would not have existed absent FiberNet Monticello).