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Provo to Write off Some Debt of Struggling iProvo Network

Provo built a city owned FTTH network after its public power utility started connecting its substations with fiber-optic cables in the early 2000's. iProvo ultimately developed along similar open access lines as UTOPIA, but unlike UTOPIA, Provo did not actually want to operate on a purely wholesale model.

iProvo was forced into the wholesale-only model, where the publicly owned network offered wholesale services to independent ISPs that then resold service to residents and businesses. Comcast and Qwest (now CenturyLink) recognized the threat posed by municipalities building next generation networks -- particularly in communities that did not even have full DSL and cable coverage from the giant providers that long delayed upgrades, knowing that subscribers had no other options.

Comcast and Qwest went to the state legislature and did what they do best -- bought influence and pushed through laws to essentially prohibit publicly owned networks from offering direct retail services, knowing that the wholesale-only approach had proved a very difficult model to work financially.

UTOPIA had long had a vision of making the open access, wholesale-only model work (that proceeded to largely fail, for a variety of reasons -- only to start turning around in recent years) but Provo, with its public power utility, was denied its preferred model of offering services directly.

iProvo was built at a cost of $40 million and has operated in the red since, though a number of postive externalities from the network was not included in those calculations. For instance, City Departments had access to much higher capacity connections than were available previously and were not charged for them (a poor practice in our estimation). For more details on iProvo, I recommend a video of a discussion in 2011.

At any rate, iProvo was then sortof sold off to a private provider (sort of because the city is still on the hook for the debt) in large part because private providers are not as crippled by state law. Unfortunately, the network has already developed a bad reputation for many (thanks to the state law preventing Provo from being able to ensure a good subscriber experience).

And now Provo is poised to write off $5.4 million debt, one of the worst case scenarios in community networks. Electicity ratepayers will shoulder the burden:

The new "Telecom Debt Charge" is set to run 15 years — until the iProvo bond is repaid — and costs homeowners $5.35 per month and commercial customers $10 per month plus 2.3 percent of their electricity bill.

This is not a done deal - the City Council will decide the matter on January 17, so the citizens still have an opportunity to raise their voices on the matter.

The history of iProvo suggests a few things.

  1. State laws that cripple local authority to build essential infrastructure are poor public policy. Unfortunately, it is great policy for a few giant companies that use their lobbying power to restrict competition any way they can.
  2. Even with its advantages (not being crippled by state law), a private provider could do no better than the public provider. Surveying community networks nationally, which are often built it the areas hardest to serve with broadband, community networks have a better track record than the big privately owned cable and phone networks.

Is Lafayettte Community Broadband Doing OK or Great?

Lafayette Doing OK, Doubles Capacity for Promotion

John at Lafayette Pro Fiber recently updated us all on LUS Fiber's financials. According to John, LUS Fiber is doing OK, not great, in its FTTH offering (probably the best deal in the nation for fast, affordable, and reliable connections). In reading deeper, it is clear that the impact of the community network on the public is GREAT, not just ok.

From John's writeup:

LUS estimates that the citizens of the community have saved 5.7 million dollars—in part direct saving from LUS' cheaper phone, video, and internet services and in part as a consequence of Cox lowering its prices and giving out special rates. Those special rates were discussed in the meeting with Huval pointing out that Cox had petitioned for and received permission to treat Lafayette as a "competitive" area. That meant that Cox could offer special deals to Lafayette users and, as we all know, has offered cuts to anyone who tries to leave. Those "deals." as Huval pointed out to Patin don't include the rural areas of the parish where Cox has no competition.

But it doesn't end there. LUS Fiber, due to anti-competitive laws pushed through the state's legislature to handicap public providers, is actually subsidizing the City -- providing more benefits to everyone, even those who do not subscribe to the network.

Again it all goes back to the (un)Fair Competion Act. One of the things in that act a concession that LUS Fiber would be able to borrow from LUS' other utilities just like any other corporation could set up internal borrowing arrangements. This is not a subsidy, it's a loan—with real interest. One of the efforts to raise an issue by Messrs Patin and Theriot centered around "imputed" taxes. Those are extra costs that Cox and ATT got the state to require that LUS include in order to force LUS to raise their price to customers (you!) above the actual cost. (Yes, really. See this. The idea was that LUS should have to pretend to pay taxes that it doesn't actually pay when setting its pricing—and include those fake costs when competing against Cox or ATT. PSC regulations (not the law) requires LUS Fiber to send those monies to the larger LUS. So LUS utilities is holding money LUS Fiber earned. LUS utilities loans it back to LUS Fiber—at interest. The net effect of this is to subsidize LUS' other utilities on the back of the new utility, LUS Fiber.

That's the only subsidy uncovered today.

You can't make this stuff up. Only in Louisiana.

Seal of Louisiana

Lafayette is also saddled with unexpectedly high programming costs due to Cox leaning on NCTC to prevent Lafayette from joining the coop. This means LUS Fiber has to pay higher prices than its competitors do to deliver the same television channels.

Even though Lafayette is offering the fastest broadband in the area, they are running an incredible promotion - everyone got bumped up a tier in August and September. If you are paying for 10Mbps symmetrical, you are getting 30. If you pay for 30, you get 50. And you get 100 if you pay for 50.

This is how community-owned promotions run -- they actually deliver the goods rather than only giving you a low introductory price that balloons after 3-6 months (followed by annual rate increases thereafter!).

If you wanted to judge LUS Fiber from the perspective of a private company, it would be OK. But if you account for all the benefits it is delivering to the community, it is doing great.

Vermont Town First to Get Universal Access to ECFiber Community Network

The East Central Vermont Community Fiber Network has announced it will connect an entire town as its second phase. Barnard, Vermont, will be the first town to have universal access to ECFiber's next-generation network.

An update on Phase 1 of this network:

Phase 1, with construction under way (see photo) and scheduled to go live in early August, brings an ultra-high-speed fiber loop from the ECFiber central office near I89 Exit 3, along VT Routes 107 and 12,  to the center of Barnard. ECFiber expects to begin connecting businesses and residents who live on this route in early August and will provide detailed subscriber information closer to that date.

ECFiber has 23 member towns, but Barnard could be the most enthusiastic. This is as grassroots as it gets:

At its June meeting, the ECFiber Governing Board authorized an initiative to extend service to the rest of Barnard town. This requires a second round of capital-raising through a similar "friends and families" offering directed specifically to residents, businesses, and others who wish to support the deployment of universal broadband in Barnard.

Loredo Sola, ECF Governing Board Chair commented, "When we first took our plan to Barnard, we were inundated with residents offering to pay the entire cost of extending the Phase 1 trunk to their homes. This enthusiastic response inspired us to authorize a Barnard-only fund drive."  ECFiber will be organizing informational meetings for Barnard residents and businesses to explain the details of the plan.
When sufficient funds have been committed to build out the entire town, the Barnard Local Fund will close, and construction of Phase 2 can begin.

Barnard had 94% of the community presubscribe!

The success of ECFiber comes without any support of the state, which has continued to pretend wireless connections and out-of-state corporations will provide the networks necessary for the economic development needed by communities.

EC Fiber Truck

Valley News took note of the story and expanded on it:

Without other funding streams, it could take seven to 10 years to build out to all 23 towns, Nulty said, but the company is committed to seeing it happen. By building out to Barnard, a town with few other Internet options, and eventually providing “universal coverage” there, ECFiber hopes to demonstrate its business model and attract more investors who could speed up the process.

And some financial details:

In phase one, notes were sold for $4,500 a piece, with varying interest rates depending on the level of investment, Nulty said. For subsequent financing phases, the notes will be valued differently. About 25 percent of the note goes toward the central ECFiber fund to build out future “links” of fiber, he said, and the rest goes toward the network in the specific town being built out -- in this case, Barnard.

And finally, a classic quote from Tim Nulty -- a Vermonter who will always choose to be self-reliant if at all possible:

[I]nterviewed on Tuesday, he said it felt “fantastic” to finally make some tangible progress on the ECFiber dream. He only regretted the time wasted pursuing the federal stimulus money.

“As a native Vermonter, I can't tell you how many nights of sleep I've lost for going to the federal government with a beggar's bowl when we should have done it ourselves,” Nulty said. “So, it feels good, but it’s also coupled with immense regret.”

Lake County, National Public Broadband, Go Separate Ways

For two years, National Public Broadband (led by Gary Fields and Tim Nulty) has worked with Lake County, Minnesota, to build a universal rural FTTH broadband network to everyone in the County and some nearby towns in Saint Louis County. Toward the end of 2010, the relationship became somewhat tense as some county commissioners questioned what NPB had told them about Burlington Telecom, and a number of media outlets raised questions about Nulty's relationship to BT's problems without actually investigating the story.

Now the Lake County News-Chronicle (which, over the course of this story, has taken the time to report facts rather than following the lazy lead of the Star Tribune and Duluth News Tribune), reports that Lake County and National Public Broadband are kaput. Lake County is seeking a new partner to build the project.

Lake County could not reach agreement on a permanent contract with National Public Broadband, its consultant firm for nearly two years. The two sides battled for nearly two months and couldn’t solve issues based on bonus payments and the ability for the county to fire NPB without cause and without penalty. The negotiations had bogged down work on the actual project, Commissioner Paul Bergman said, and the board wanted a fresh start.

Additionally, due to the state of financial markets, the County is planning to self-fund the $3.5 million local obligation required to access to the broadband stimulus award. Lake County hoped to bond for the matching funds but the current interest rates make that an fiscally unwise approach.

While this does not change the project, it will change the perception of the project and open it to increased attacks from those who don't want the County to build a network (despite the fact that private providers have no interest in providing anything other than slow DSL and cable networks).

The County had long maintained that no public money would be used. However, most people will likely not care as long as the project keeps its promise to deliver fast, reliable, and affordable broadband to the community. This is the need -- and people need to stay focused on achieving this goal.

At a commissioner meeting in late December, Gary Fields commented to the Board that they had to have trust in NPB if the project was going to work. It is hard to know without being at most of the previous meetings, but I suspect the problem came as a result of NPB being nuanced about Burlington Telecom (until late 2009, no one knew how badly the post-Nulty management had hurt BT). Some of the Commissioners apparently interpreted BT as an unqualified success and felt misled when they learned of BT's present problems.

Regardless of who was at fault (and to what degree), Fields was correct. These projects are necessary but still damn hard to build. There will be a lot of stress and it is better for NPB and Lake County to split now if they cannot heal the past. Otherwise, the inevitable bumps in the road of the project (that will occur no matter who builds the networks), would likely just open old wounds and hurt the project. The project needs to have the strong support (and unwavering oversight) of the community, particularly as incumbent providers (ahem, Mediacom) look for any weakness to derail the potential for residents to have actual choices in telecommunications services.

National Public Broadband should be credited with bringing the stimulus award to Lake County -- now it is on Lake County to follow through and make the project work. No one builds these networks because it is easy -- they build them because the future of the region requires fast, affordable, and reliable broadband.

EC Fiber Pilot Project Exceeds Financing Goals

Update: We have covered the second round of financing from ECFiber here.

The East Central Vermont Fiber Network, connecting some 23 rural towns, announced back in July that they would self finance a pilot project as a preliminary step to securing the full funding for the project.

Right around Thanksgiving, last year, David Brown updated the community on progress via an article in the Vermont Standard:

It would have been terrific to get the $50million needed to build out all 35,000 telephone and electric poles with 1,500 miles of fiber optic cable. Along the way, we learned an important lesson. We noticed that government money went to existing telephone companies to expand existing networks rather than funding start-ups like ours. That’s when the ECFibernauts decided on a change in strategy: build a small network, get a few real customers, and deliver rock-solid ultra-fast Internet to them as a proof of concept – all using our own money. Then, when all the critical components are up and running, go to the commercial markets for funding needed to expand out to all 23 towns.

The ECFiber Governing Board and our technology partners ValleyNet, Inc. are fortunate to have several experienced financiers within our ranks. Working with our attorneys (to keep everything legal) ECFiber is reaching out to the community with a private offering of tax-exempt promissory notes. As of this writing, we have raised more than three-quarters of what is needed to complete Phase I of our project. The ECFiber hub is now under construction on Waterman Road in Royalton and an initial pole attachment application for 500 poles is being processed. Phase I will bring ECFiber service to selected businesses, schools, town facilities and residents in Bethel, Barnard, Stockbridge and Royalton.

This is a commitment that few other communities have made -- self-financing a start up portion. It is actually quite inspiring, though one quickly grasps the huge need from the stories EC Fiber has collected. Any community hoping to organize a network should copy this EC Fiber page. With a simple form, you can documents hundreds of individual stories of people who want better broadband.

Consider what Cynthia in Norwich contributed:

I live in a remote part of Norwich with little population but much need. I am an artist and photographer, mostly working at home. Due to some health issues, I am not always able to go somewhere else to access high-speed internet, nor is it convenient to do so. I have to drive 6-8 miles to the nearest library, and can only take a small laptop which doesn't have all the information to run my business. I have a web site (www.creaturekinships.com) which takes forever, on flaky dial-up to revise, and downloading updates and security measures can take hours. Since I work with art and photography and am a moderator on a photography web site (NatureScapes.net), I can't do my work efficiently as it also takes several minutes to get images...IF the phone line doesn't crash while downloading (which it often does.) I typically need to look at and comment on 5-15 images a day. I would be looking at more like 20-30 images if I could.

EC Fiber had applied to the Vermont Telecommunications Authority for a $4.2 million grant to build the backbone of the network and connect a number of community anchor institutions as well as some 800 homes in the most rural and least competitive areas.

In a plea for supporters to write the VTA and other officials in support of the project, Ian Stewart described local hardships:

I understand the Vermont Law School has experienced an uptick in potential students opting not to attend VLS because they can’t get broadband access from their rented accommodations. Beside renting apartments, these temporary Vermonters bring much needed revenue to our local businesses and contribute to the daily lives of our communities. We all lose every time a VLS applicant withdraws his candidacy.

Even if VTA wanted to prioritize funding for ECFiber, its hands are limited by the law, which limits where VTA can fund:

The RUS award was great news to VTel shareholders, but it stopped dead in its tracks any plans the VTA may have had to help other organizations bring high speed internet service to rural Vermont. The Vermont legislature passed a bill with language that prohibits the VTA from funding telecom development in any area where another entity has a “legally binding commitment” to make telecom investments. That includes VTel’s award and Fairpoint’s DSL build-out commitments. The language effectively poisoned the waters for anyone else seeking VTA funding, including ECFiber’s efforts to bring ultra high speed Internet to 23 area towns.

This is a failure to distinguish between broadband as infrastructure (wireline) and broadband as stopgap (wireless). Nonetheless, ECFiber does qualify for some funds under the "Backroads Broadband Program" for middle mile and the most unserved households. The end of this article in the Vermont Standard is a call to action for people to contact the VTA.

Regardless of the VTA funding, EC FIber is moving forward on its pilot:

At ECFiber’s November Governing Board meeting, ValleyNet staff reported that the Phase I fiber-optic network build has begun with the first round of pole surveys conducted with Fairpoint and CVPS, as required by regulation.

As of Jan 6, had raised $907,500 from the community for the first phase, exceeding their goal.

ECFiber Governing Board Chair Loredo Sola of North Pomfret said, "This is a very important and hard-fought first step. Phase I establishes a baseline for building and operating cost, build time, expected market penetration, and resulting revenue. That baseline gives ECFiber a solid platform on which to build its network to all twenty-three ECFiber member towns."

"More importantly," said Sola, "this community-raised financing demonstrates confidence in a community-owned and managed network as well as frustration that public and private promises to bring us broadband have fallen way short. Here's an example in true Vermont tradition of communities stepping up and taking charge."

As it moves forward, it moves out of the shadow of Burlington Telecom's problems -- though detractors will undoubtedly continue to try to tie them together.

Medina County Bonds for Network in Partnership with OneCommunity

The Port Authority of Medina County, Ohio, has successfully bonded $14.4 million to take advantage of a broadband stimulus award to build a fiber-optic network connecting community anchor institutions and businesses with better broadband.

Bethany Dentler, executive director of the Medina County Economic Development Corporation, said Dec. 17 that a bond consultant had just completed sale of the bonds at an average interest rate of 5.96 percent. Cash from the bond sale was expected to be in the hands of the Medina County Port Authority by the end of the year and a fiber lighting ceremony to kickoff the construction phase of the project is planned for March or April.

Dentler said the port authority, which will own the network, plans to pay off the bonds over the next 20 years with fees charged to customers of the fiber network.

The nonprofit organization OneCommunity will build and presumably operate the network, which will be owned by the County. Being located in close enough proximity to work with OneCommunity appears to be a terrific advantage for communities who make investments in broadband infrastructure.

The $1.4 million in stimulus funds aiding this project were a part of the larger award given to OneCommunity as part of their efforts to better wire 20 counties in Ohio.

Burlingon Telecom Audit and Nulty Response

Vermont's Department of Public Service has released its audit of Burlington Telecom. The audit is highly flawed and a disappointment in terms of actually illuminating what went wrong with Burlington.

We have been awaiting this audit in the hopes that it would actually explain how the network could have gone into such great debt so quickly. The few answers provided from this audit are entirely unsatisfactory, due in large part to its overall sloppiness. We will soon put up a more substantial post about Burlington and lessons learned, but we wanted to post this information now as readers are undoubtedly wondering.

The audit should be read by any community running or considering a network because it describes a number of bad practices that should not be duplicated. That said, it isn't yet clear how accurate the audit is (they did not even attempt to interview key people), as explained by Tim Nulty in his response to it (linked below). Perhaps the biggest disappointment is that the audit simply did not explain where the money went. Steve Ross examined this question more than a year ago, but we appear no closer to an answer. A longer explanation on this, next week.

Finally, Andrew Cohill's thoughts about lessons learned from BT is well worth a read as well. Regardless of whether BT really did make all those errors, Cohill's post should serve as an educational item to any community considering such an important investment.

Bristol Virginia Utilities Refinances Debt

BVU, which operates OptiNet (the nation's first triple-play muni FTTH network), has transitioned from being owned by the City to being an independent authority. In its last fiscal year (2010-11), the public power utility finished with net income.

OptiNet finished ahead of projections.

Having split from the city, BVU is taking advantage of the Virginia Resource Authority to issue $44 million revenue bonds to refinance its debt.

“We’re going through the VRA pool which helps fund 88 cities and service authorities. Because of that – and because of the market – we’re potentially looking at very low interest rates of 3.3 percent,” Rose told the board during his presentation.

The debt currently has an interest rate approaching 5%. After refinancing, the utility expects to save some $500,000 to $750,000 a year - for a period of 20 years. The cost of refinancing is $900,000.

This story is worth noting for two reasons:

  1. Restructuring debt is not necessarily a sign of weakness -- BVU's OptiNet is quite successful.
  2. A reminder that small communities can benefit significantly by pooling bonding through programs like Virginia's VRA. States should help communities to work together in this way.

Rural Washington Network, Chelan PUD, Increases Speeds and Expands

The Chelan Public Utility District in Washington state is upgrading network capacity as it starts expanding the network following its broadband stimulus award. We previously covered their consideration of whether to expand from passing 80% of the territory to 98%.

Chelan is one of the most rural publicly owned fiber networks as well as one of the oldest ones. In a rarity, it looks likely to run in the red permanently (the pains of rural, mountain terrain) with the support of most ratepayers. These ratepayers recognize the many benefits of having the network outweigh its inability to entirely pay for itself. The utility also runs a sewer project that is subsidized by wholesale electricity sales. Though some areas in Chelan are served by Charter and Frontier, the more remote folks would have no broadband access if not for the PUD.

With the planned upgrades in 2011, Chelan's open access services will offer far faster speeds than available from the cable and DSL providers. Under Washington law, the PUDs cannot sell telecommunications services directly to customer. The PUD builds the network infrastructure and allows independent service providers to lease access while competing with each other for subscribers. Though this is a great approach for creating a competitive broadband market, it has proved difficult to finance (if one believes this essential infrastructure should not be subsidized as roads are).

When the PUD considered whether to pursue the expansion (meaning taking a federal grant covering 75% of the costs and agreeing to run the network for 22 years), it asked the ratepayers for feedback:

Sixty-four percent of 450 randomly chosen Chelan County registered voters who were part of phone survey in August said they favor taking the grant and completing the buildout, even if it means their electric bills will go up by as much as 3 percent — about $1.50 more on a $50 per month power bill.

On November 9, PUD Commissioners approved the rate increase.

Chelan's service providers currently offer connections of 6Mbps/384kbps or 12 Mbps/384kbps. As with other early BPON networks, the speeds were asymmetrical. While other community fiber networks have upgraded to offer much faster symmetrical speeds, Chelan has opted to continue a heavily asymmetric offering.

They will continue the 6Mbps option (for service providers who are not ready to upgrade their equipment to offer faster speeds) while adding a 25/2 and 100/100 option. They are also adding a 1 Gbps commercial option.

Frontier and Charter advertise maximum connections at 7/.768 and 25/3 respectively.

Service providers on the network will have to pay higher rates to continue using the network, though they also will get a discount from the PUD when they sign up customers for more than one service (bundling).

Providers will have to pay an extra $4 per customer while the bundling discount will be $2 or $3.

Service providers will have to pay Chelan $22.35 for a 100Mbps connection to a customer and $19.35 for either a 25/2 or 6/.384 connection.

However, there are some complications (detailed in this article toward the end) -- because Chelan was such a pioneer of this technology, the earliest subscribers will have to wait longer to access faster connections.

Background From Reedsburg, Wisconsin: Community Fiber Pioneer

David Isenberg, of isen.blog, has published a short history of Reedsburg's community fiber network that he previously wrote for the FCC when they were gathering evidence of successful networks they would later ignore in formulating a plan to continue the failed status quo of hoping private companies will build and operate the infrastructure we need.

Nonetheless, one cannot say that smart people like David did not try to help the FCC overcome its obsession with national carriers who dominate the conversations, and whose employees often work periodically with the FCC in what we call the revolving door (which itself, is a reason the FCC has been captured).

Back to Reedsburg; it is a small community approximately 55 miles northwest of Madison that just happens to have far better broadband service than just about anywhere else in Wisconsin.

David writes,

RUC first entered the telecommunications business in 1998, when it constructed a ring to tie its wells, its five electrical substations together and to provide Internet access for its high school, middle school and its school administration building. In planning the ring, the city asked Verizon and Charter if they would build it, but they were not responsive. RUS built a partly aerial, partly buried 7-mile ring of 96-strand fiber at a cost of about $850,000. Internet access was provided by Genuine Telephone, a tiny subsidiary of LaValle Telephone Cooperative which ran a fiber from LaValle, about 8 miles NW of Reedsburg.

As they were building the ring, local businesses asked to be connected as well. Reedsburg took the path that so many communities have followed, start by building for yourself and expand opportunistically. Of course, this requires that you originally engineer the network so it can be later expanded, which is good practice regardless of your future plans.

Reedsburg used bond anticipation notes, a financial mechanism that few others have used in building similar networks.

A local bank loaned the initial $5 million in bond anticipation notes for planning and construction. Then RUC issued an additional $8.5 million in bond anticipation notes to complete the project. These are instruments that are ultimately backed by the city’s taxpayers; they must be converted to asset-backed revenue bonds within five years.

In building the pass, Reedsburg ran the drops right to the side of the house, a practice that now seems fairly common in smaller builds (by which I mean less that 10,000 premises or so). This lowers the future costs of having to send trucks out individually to connect a home to the pass.

The plan was not just to pass every household in town, but to run an actual fiber drop to every house. As fiber was built out, empty NID boxes were placed on each home with the fiber drop cable coiled inside; NID electronics were installed when service was turned on. Preceding construction there was a mail campaign followed by a door-to-door campaign to get permission agreements signed to construct the fiber on private lands. By Mr. Mikonowicz account, only about ten home owners refused to give permission to supply a drop and a NID box.

David discusses the take rates, which I won't reprint here as I have already taken more liberties in quoting his text than might be polite. However, I do want to quote one last piece -- the one in which he notes that the network pays for itself even if one does not include the many positive externalities such as much better customer service, economic development from having affordable 100Mbps symmetrical service available, the much faster connections schools have at much lower costs (which David does not actually mention), etc.

The network turned EBIDTA-positive in 2007 and cash flow positive in 2008. Today, after debt service and other costs, including salaries, video content charges, Internet access, 911 contribution and other costs, there’s about $500,000 per year for network expansion. Expansion planning includes two small residential developments just outside of town.

And as a final note, Reedsburg did receive a broadband stimulus award that will allow it to accelerate network expansion in the surrounding community.