referendum

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In Minnesota, Rural Fiber to the Farm Project Expands

A rural Fiber-to-the-Farm project that started in Sibley County has added three new towns to its potential territory due to the extremely high interest in fast, affordable, and reliable connections to the Internet. The current providers aren't getting the job done and few expect that to change given the cost of improving services.

An article last year reported on present difficulties for many in Sibley:

Soeffker, who farms with her husband in rural Sibley County, said the dish receiver they must use works fine in good weather but balks during heavy rain and snowstorms.

Meantime, her husband struggles with a lagging Internet speed of .6 megabits a second that falls short of meeting his business needs when he’s selling commodities.

The committee organizing the network set a goal for demonstrating the interest of something like 50% of the population in the target area. There has been some confusion as to exactly how many they should have before committing to the project but with just two mass mailings, they have received nearly 3,000 positive responses (of the over 8000 households that could be served). This is a very strong response.

To keep the public informed, they have had numerous public meetings in each of the communities that will be involved. To be as open as possible, they would often have three meetings in a town per day -- a morning, afternoon, and evening meeting to accomodate everyone's schedule. As this project moves forward, no one can claim the group has been anything but open with the plan.

On January 19, they had a major meeting with over 100 people attending, including many elected officials from the towns. For over two and a half hours, they had five presentations and numerous questions. MPR's Jennifer Vogel was there and wrote about the project shortly afterward.

Participating communities--which include Renville County, Sibley County, Fairfax, Gibbon, Winthrop, Gaylord, Arlington, New Auburn, Green Isle, Buffalo Lake, Steward, Brownton and Lafayette--have been asked to decide by early March whether to continue with the project and release additional funds for marketing and administration.

Previously, the project included 7 potential towns. But some nearby towns in Nicollet County have expressed interest in joining and their density would make the project more viable. Most in Sibley have been dedicated to serving every household - town and farm alike. While the principle of equity is noble, it ultimately makes the project harder to finance due to the higher fixed costs required to serve the least dense areas. Bringing in a few more towns benefits everyone.

Unfortunately, the people around the those towns are frustrated that they are not slated for connections in the current plan -- see some of the discussions on their vibrant facebook page. They will have to draw the line somewhere but will undoubtedly be interested in expanding the network once they have built out in initial territory.

Minnesota law has a barrier to municipal networks and as a matter of law, it is not clear that it applies to a county-owned project. Under law, if a municipality wishes to own or operate a telephone exchance, it must have a successful 65% referendum -- an incredibly high bar given the imbalance of spending power in such contests. Incumbent providers can spend a lot to oppose a referendum whereas local governments cannot take a position and grassroots groups are limited in their financial resources.

Renville Sibley Fiber Network

However, as this network plans to neither own nor operate a telephone exchange, it should not have to pass a referendum. It seems as though the project is leaning toward a partnership with Hiawatha Broadband Communications, a well liked private firm from southeastern Minnesota. HBC already operates the muni-owned Monticello FTTH network.

While no financial plans are yet finalized, the most likely option appears to be non-recourse revenue bonds for nearly $70 million. These are bonds that are issued to private investors and will be repaid with revenues from the subscribers. If the network were to fail to produce enough revenue to make the debt payments, the towns and county would have the option of making up the difference from tax revenues but would be under no obligation to do so.

From Jennifer Vogel:

There would be some public obligation to the project, in the form of what McGinley called a "debt service reserve fund." In order to make the project appealing to investors, he said, the participating communities would be required to establish and replenish if necessary a $4.5 million rainy day fund that would cover any shortfalls. They also would have to cover the contributions of any communities that ducked out of the project down the road or couldn't pay into the fund.

If one town, Winthrop for example, decided not to ante up for the debt service reserve fund, other communities could cover the difference. As the network generates net income (perhaps 5-6 years down the road), the money comes back proportionally to those towns that created the reserve fund.

It bears noting that these people are not asking for any handouts. Whereas Frontier and other providers in the towns are incredibly unlikely to expand their networks absent taxpayer subsidies, the Sibley County Fiber Project will be locally self-reliant.

Sample Community Fiber Promotional Material from Lafayette

Communities with grassroots movements investigating or encouraging community networks should take a look at the many resources the citizens of Lafayette, Louisiana, developed in their referendum fight in establishing LUS Fiber.

In order to help educate the community, fiber supporters created a short newsletter (if there was more than one issue, I have not been able to locate it) with articles focusing on how the proposed publicly owned fiber-to-the-home network would create benefits in economic development, health care, and education. The newsletter is has a professional layout and comes complete with a glossary.

Fiber for the Future Newsletter

The newsletter also has a word from the Mayor (the inimitable Joey Durel) and quotes the Greater Lafayette Chamber of Commerce Broadband Policy. Finally, it also explains why the Lafayette Utilities System should build the network and cites successes from BVU in Bristol, Virginia.

Groups that are looking for strategies or a template for a web presence should check out Lafayette Coming Together. This was the organizing site they used in building support for the network, as a complement to Lafayette Pro Fiber. Unfortunately, the Fiber Film Festival web page no longer exists, but the most popular video (Slick Sam Slade) is still around - and embedded below.

An old episode examining the arguments around the network is still viewable (for Windows users) via the Louisiana Public Broadcasting archives -- look for episode #2844.

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Commercials from Longmont Astroturf Group

If your community considers building its own broadband network, don't be surprised to see ads like these two from the recent Longmont referendum in Colorado.

When Chattanooga was starting to build its network, Comcast bought 2600 ads, similar in substance to these, to scare people into opposing the project. Fortunately, the tactic backfired due to the Chattanooga utility's excellent reputation in the community.

Here are two of the videos that ran in Longmont as part of the $300,000 campaign of lies run by incumbent groups (leading to this hilarious response after the election).

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Longmont Astroturf Opposition Gone in Puff of Smoke

Any hint that the Comcast-funded effort in Longmont to oppose authorizing the City to provide broadband services was anything but an astroturf campaign of lies has evaporated in the wake of its overwhelming defeat.

If there had been a shred of local legitimacy among the "Look Before We Leap" group that was run by Denver-based strategists, it probably would have kept its website up for longer than a few days after the election. If I were them, I would want to keep a record for the future.

But they don't. Because they were just a bunch of paid public relations people working a job. They didn't oppose Longmont's initiative, they didn't know anything about it. They were collecting a paycheck. And this is what they left behind:

Look Before We Leap, disappeared

The Times-Call has a hopeful reflection about the broadband battle (somewhat classier than the hilarious Neener Neener Neener poke at Comcast).

This time, lobbyists for the telecommunications industry spent even more than they did last time -- about $300,000 -- in trying to convince residents that the city having control over its own property was somehow "risky." Obviously, the lobbyists, including the euphemistically monikered Americans for Prosperity, were only concerned about the welfare of Longmont residents and the health of the local economy. They spent so much money to show just how concerned they were.

But the majority of the voters weren't buying what they were selling. People had the audacity to think for themselves and make up their own minds.

Personally, I would thank the anti-2A folks for pouring so much money into the local economy, except most of its spending was elsewhere. They did pop for a few ads in this newspaper, though, so for that they have my gratitude.

The author, Tony Kindelspire, goes on to note just how amazing it was to see everyone unified on an issue.

seal-longmont-co.jpg

Many people who you would typically expect to find defending corporate rights above all else, and criticizing the inefficiency of government, were quite vocal in support of 2A.

As they should have been. Ask a local businessperson how Longmont having its own electric utility is working out for them. We have some of the cheapest rates in the country.

It takes leadership to stand up against big business lobbyists to act on behalf of what you think is right, not what's going to raise you the most amount of campaign cash the next time around. How very, very refreshing it was to see, and I hope it's a lesson that spreads far and wide.

I hate quoting so liberally from an article, but I want to make sure these important words are remembered. I hope the City takes seriously its responsibility to continue involving the public in important decisions about the digital future as it moves forward with the freedom to invest in infrastructure that every community should have regardless of how much money incumbent lobbyists pour into legislatures around the nation.

And I cannot help but remind my readers that this referendum would have failed by Minnesota standards, which requires a 65% supermajority. That is an incredibly tough ask when a major player like Comcast can get 40% of the population to vote for its position by spending a mere $300,000 while having zero support in the community.

Border to Border Broadband in Minnesota

Minnesota's Governor Dayton has already done more for expanding broadband access in Minnesota than predecessor Pawlenty who took the "stay quiet and hope for the best" approach to expanding access in our state.

After being prodded by the legislature (including now-Lieutenant Governor Prettner-Solon) Governor Pawlenty appointed an industry-heavy "Ultra High Speed" Broadband Task Force that exceeded the expectations of many, including myself, with its report [pdf]. I give a lot of credit to a few members, especially "Mikey" and Chairman Rick King of Thomsen Reuters, for that report given the constraints of the environment in which it existed.

Minnesota's Legislature and Governor Pawlenty then created some goals for 2015 and generally ceased any work on ensuring Minnesota could meet the goals. However, some departments (like the Department of Commerce) are using that language to prod broadband providers to consider what steps they can take to get us closer. Despite my frustration, I want to recognize those who are doing all they can to expand access to this essential infrastructure.

Fast forward to this week, when Governor Dayton announced a new Task Force that is supposed to really do things (as opposed to the more common Task Force approach of creating the appearance of doing things).

I am heartened by many of the appointees. There are some terrific people, especially some terrific women who are too often under-represented in technology) that will work very hard to bring real broadband to the Minnesotans that either need their first option or a better option.

And they have their work cut out for them. The state has few options to compel investment from a private sector that sees little reason to invest in an industry with so little competition (St Paul has one high-speed provider: Comcast, and one slower, cheaper alternative - CenturyLink).

For instance, rural Kanabec County took the Ultra High Speed Task Force's recommendation and asked its incumbent to partner in providing better broadband. That went over about the same as every other community that has sought a partnership with a big out-of-state incumbent provider. At least CenturyLink did respond, not all incumbent providers have the grace to do so:

Kanabec County Logo

“After receiving your letter I requested that my management team report back to me on the costs associated with your request for a minimum 10 MB speed to every home and business within the county. For proprietary reasons I’m unable to share with you the estimated costs of meeting this goal in Kanabec County.”

The letter continued, “However, I can tell you that it represents many millions of dollars at a significant cost per household or business passed that under current business models do not generate a return on the investment.”

The Task Force will hear strong voices from within and without its members calling on it to reduce government barriers to private sector investment, whether by gutting local authority over rights-of-way or other means. I encourage it to tell the state to first, get out of the way of communities that want to build their own networks.

Any community that has the willingness to invest in itself should have that right. There is no reason for the state to prefer that massive out-of-state companies with poor track records in Minnesota build networks rather than the communities themselves. The community has a much greater incentive to invest today and tomorrow in modern technologies. Whereas private companies are looking for handouts to serve places like Sibley County, Sibley County is just looking for the state to get out of the way.

Requiring a 65% referendum for a community to build its own network is ludicrous -- and it is Minnesota law. We are the only state in the nation with a supermajority requirement for a community to build essential infrastructure. I just wrote about Longmont, where their massively successful referendum campaign got 60% of the vote -- a loser in Minnesota. Despite absolutely no support from any local leaders, Comcast was able to get 40% support by simply outspending the grassroots community broadband movement $300,000 to $5,000.

Removing this barrier to local authority for community broadband will not bring border to border broadband -- many communities simply do not want to take on the responsibility of building a next-generation networks -- but it will certainly bring us closer, and it will bring much better networks to those communities that are willing to step up and invest in themselves.

Photo by Jackanapes, used under creative commons license.

Resource: 2005 Lafayette Referendum Flyer

One of the goals for this site is to help communities that are organizing to build their own community-owned broadband networks. To that end, we are going to build a library of resources used by communities that have already organized for the same goals.

We want to collect pamphlets, flyers, videos, audio (of debates, radio programs, etc), anything that will useful to other communities and allows us to learn from each other. If you have suggestions for items we can include in this effort, please let us know.

I'm going to start this with a flyer John St Julien shared with me on my recent visit to Lafayette: a flyer they used to advertise one of the many community meetings they held prior to their successful referendum in 2005. You can download a higher resolution pdf here.

2005 Lafayette Referendum Flyer

Re-Establishing Local Authority

The vote was a major victory for municipal broadband, even if it sounds like a slightly ridiculous one. Longmont didn’t vote to build a broadband network, or to raise taxes to one day build a broadband network, or even to undertake a study group to start thinking about building a broadband network. It simply voted that the city should have the right to decide what to do with largely unused infrastructure it built 15 years ago.

Atlantic Cities: How the Telecom Lobby is Killing Muni Broadband

Publication Date: 
November 2, 2011
Author(s): 
Emily Badger
Publication Title: 
The Atlantic

An excellent article drawing wide lessons from the referendum battle in Longmont between the community and Comcast.

The city of Longmont, Colo., built its own 17-mile, million dollar fiber-optic loop in the mid-1990s. The infrastructure was paid for by the local city-owned electric utility, though it offered promise for bringing broadband to local businesses, government offices and residents, too.

For years, though, the network has been sitting largely unused. In 2005, Colorado passed a state law preventing local governments from essentially building and operating their own telecommunications infrastructure.

Behind the law was, not surprisingly, the telecom lobby, which has approached the threat of municipal broadband all across the country with deep suspicion and even deeper pockets. Companies like Comcast understandably want to protect their corner on the market from competition with city-run non-profits. What’s less understandable is the route their interests have taken: Residents and state legislators from Colorado to North Carolina have been voting away the rights of cities to build their own broadband, with their own money, for the benefit of their own communities.

Google Congratulates Longmont on Referendum

Update: A contact at Google cast doubt on whether the call below was made -- but also reiterated that Google is on the record opposing state laws like that in Colorado that take authority away from communities.  

We have learned that Google called Longmont Power to congratulate them on regaining their authority via the successful referendum.  Apparently, Longmont was a top contender for the Google Gigabit project but Google was unable to determine whether Longmont had the authority to work with them due to the anti-competitive 2005 Qwest law.  

Presumably this places Longmont back on the list of places Google may try to build a network depending on the outcome in Kansas City.  

This is yet another example of why state restrictions on local broadband authority is entirely counter-productive to spurring broadband investment.  We previously speculated that Texas law prevented Austin from being Google's partner.

States: STOP taking broadband authority away from communities. Local authority is essential for investment in next-generation networks.  Communities: make sure you are making smart partnerships!  Don't just jump at anyone pretending to offer a free lunch.