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Colorado Bill Aims To Hinder Opt-Out, Restrict Local Authority Even More

When local elected officials in Colorado put the issue before constituents last fall, voters in almost 50 communities chose overwhelmingly to reclaim local telecommunications authority. Colorado's state law that strips away local authority, SB 152, permits opt-out through referendum. Referendums are expensive for local communities, but at least they are a way to reclaim the power to decide their own future. 

That ability to opt out will get more expensive and more burdensome if a new bill becomes law. Even though the state removed local authority with SB 152, this bill demonstrates that the legislature can still find a way to strip away more local control when big corporate providers feel threatened.

Local Leaders Concerned

SB 136, sponsored by Kerry Donovan, was introduced on March 4th under the guise of "modernizing" the dreaded SB 152. The bill is now waiting for a hearing in the Senate State, Veterans, and Military Affairs Committee. According to the Aspen Daily News, Pitkin County Commissioners are wary of the bill's consequences. So are we. Ninety-two percent of Pitkin County voters approved the opt-out of SB 152 last November, thereby reclaiming authority. The county has already completed a needs assessment and is obtaining bids for telecommunications infrastructure; they don't want this bill to derail their efforts.

Kara Sillbernagel, Pitkin County analyst, shared her interpretation with the Board of County Commissioners (BOCC):

...[A] concern is SB 136 could open the door to potential litigation in the opt-out process.

...

Silbernagel added that, in her opinion, the language complicates the issue away from the simple opt-out solution, and introduces terms which have left governments that opted out “feeling vulnerable.”

“[Concerns are that] it actually seems to be more restrictive for counties moving forward,” she said.

"Modernized" Language = "Modernized" Barriers

Boston Globe: Build A Muni

The Editorial Board from the Boston Globe recently kicked off a series titled "The Cutting Edge of the Common Good." The editors intend to offer suggestions for how to create a prosperous city through ideas to benefit Boston's 4.7 million residents. 

Their first proposal? Build a municipal fiber network.

In the editorial, the Board point out how the city has always been a cutting edge leader, from Revoluntionary War to same-sex marriage. But when it comes to developing the tech sector, the "City on a Hill" is being edged out by Chattanooga, Lafayette, Louisiana, and Cedar Falls, Iowa. High-tech innovators are flocking to communities with municipal fiber networks.

As the Globe notes, connectivity could be better in Boston:

The truth is that our tech infrastructure is in the same dismal shape as our roads and bridges. Boston, like a majority of American cities, pays more for slower Internet service than our international peers. If Boston is to remain a global hub of innovation — and on the “cutting edge of the common good,” as Mayor Martin J. Walsh promised in his State of the City address last month — it should build a citywide fiber-optic network that allows each residence and business an onramp to the information superhighway of the future.

Even though the city has its own conduit network and significant fiber assets, residents and businesses must seek service from large private providers. The Globe Editors believe the city should rethink the current approach:

But the City of Boston should not gamble its future competitiveness in a Mountain View lottery, nor should it entrust such vital infrastructure entirely to private hands.

The private market would be the ideal solution in an ideal world, but in Boston the market has failed.

No Longer Just a Luxury: Tennessee Communities Need Broadband Access Now

Sandi Wallis, a resident of northern Bradley County in Tennessee, doesn’t simply want to have ultra-fast, reliable broadband access for the fun of it. She needs it to run her home business. Her school-age children need it too:

“I've had to send my kids into town to do their homework. We’ve had to go into town with our business laptops to download updates to our programs for our accounting business because we can’t do it at home. We need service — not just reliable service and not just for entertainment.”

Wallis made the comments at a recent meeting hosted by the Bradley County Chamber of Commerce in Tennessee. The meeting focused on a persistent problem in many parts of Bradley County - residents and businesses lack the fast, affordable, reliable, broadband access that is available via Chattanooga’s EPB fiber network in neighboring Hamilton County. The deficiency is taking its toll.

Cleveland, a city of about 43,000 in Bradley County, has explored the idea of building their own community broadband network. But business leaders, government officials, and residents across Bradley County and the State of Tennessee are all anxiously awaiting the results of the ongoing legal struggle over the state’s anti-muni law. In addition, a bill set for consideration at the next state legislative session would, if passed, allow municipalities like Chattanooga to expand their existing fiber broadband services to adjacent communities in Bradley County. 

Don’t Mind the Gaps

Alan Hill, a representative from AT&T, suggested that rather than focusing on the broadband service gaps in the state, Bradley County should acknowledge AT&T’s positive contributions in the area:

$117,000 Broadband Service Disaster From Charter

Shocking horror stories about incumbent ISPs reaching new lows for poor service are now so common that they have become routine. A story from Ars that recently went viral puts a human face on the frustration millions of Americans endure just trying to determine if Internet access is available where they choose to live. First, here is the gist of the story.

Cole Marshall, a work-from-home web developer, decided he wanted to build a new home on the outskirts of Sun Prairie, Wisconsin. While scouting properties, he confirmed with local incumbent ISPs Comcast and Frontier online and by phone that they could offer sufficient Internet access to his favored lot.

When Marshall completed construction and contacted Charter, the cable company offered to provide the service only if he paid $117,000 to extend their network to his home. And Frontier? Frontier mislead him too, pricing the job at $42,000 to bring him the 24 Mbps service they’d promised they could provide. 

When all was said and done, Charter couldn’t provide affordable service at all. Marshall is now stuck with Frontier’s sloth-like DSL broadband speeds of 3 Mbps download / 1 Mbps upload for all of his small business needs. These speeds fall well short of the 25 Mbps download / 4 Mbps upload the FCC defines as “broadband.” 

Marshall’s story illustrates well the problems with existing broadband services in and around the city of Sun Prairie that led citizens and city leaders to recently pass a resolution to build a municipal broadband network in some areas within the city limits. While Marshall’s address is outside the purview of Sun Prairie’s planned network buildout, the potential for future expansion of this publicly-owned network may be Marshall’s only hope for a solution to his broadband connectivity problems.

Explaining Right-of-Way Basics - Community Broadband Bits Episode 169

For this week's Community Broadband Bits, we are delving into an area of law and practice that is quite important for Internet network deployment but tends to be dry and confusing. Not for us today though, we have Sean Stokes, a Principal at Baller Herbst Stokes & Lide, joining us to explain Right-of-Way basics. We talk about what the public Right-of-Way (ROW) is, who is responsible for maintaining it, how entities can get access to it and how poles are distinct from the ROW. We discuss how much power local governments and pole owners have to deny access to these assets and some of the costs associated with make-ready. 

If you don't know what make-ready is, you'll know in less than thirty minutes. We finish our discussion by exploring the "Municipal Gain" policy in Connecticut, where munis are entitled to some space on the poles for any purpose they choose to use it. Historically, this was used only for public safety, but it was recently broadened. Sean also explores how he believes we should simplify access for fiber-optics rather than basing access on the particular end service being offered. 

This show is 30 minutes long and can be played on this page or via Apple Podcasts or the tool of your choice using this feed.

Transcript below.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes here or view all episodes in our index. See other podcasts from the Institute for Local Self-Reliance here.

Thanks to bkfm-b-side for the music, licensed using Creative Commons. The song is "Raise Your Hands."

Small Texas Town Don't Need No Stinkin' CenturyLink

The people in Kemp, population 1,100, have officially said "adios" to CenturyLink and now give their business to a local wireless provider, reports Government Technology. According to the article, the community grew tired of slipshod service and repeated service interruptions:

At one point, the city lost its Internet connection for five days. “That was the last straw because that was detrimental to us, because we depend on the Internet so much more, especially with our phone system," said [City Administrator Regina] Kiser. "We had just gone with the voice over IP [Internet protocol] when our system went down for five days, so you try to call city hall about various things, including the police department, and there was no phone. So, that was horrible.”

After a year of requests from the municipality for better service went unheeded, government officials decided it was time to make some changes:

“If you’re a government entity and you call in, they send you into cyberspace somewhere and your phone just rings and rings and rings, and I guess there’s just not any commission to be made on cities from what I’m understanding,” Kiser said. “This problem’s been going on for about a year, as far as not having the power we need to run our court program. So we tried, but it was just impossible to deal with CenturyLink.”

Kemp now works with One Ring Networks, where they receive service for a rate of $450 per month. There was no installation charge and in exchange, One Ring Networks is able to expand its network in the community. It now has the opportunity to sell service to residents and businesses in Kemp.

Unlike the typical "up to" speeds the big incumbents offer, One Ring Networks claims it "carves out" 5 Mbps download and upload for each subscriber, says Kris Maher from One Ring Networks:

“With the other carriers, that 10 Mbps by whatever is a best effort service, which means it can go up to 10 Mbps, but 10 Mbps isn’t guaranteed. Ours is right at 5 and it’s always going to be at 5, no matter who else is on our network.”

Kiser notes that residents are happy with their new provider and that, despite a brief delay caused by inclement weather, the upgrade was a simple task:

Lafayette Considers Expansion, One Nearby Town Strikes Itself From List

We have long applauded communities that have built their own fiber networks and then elect to expand them to neighboring communities. In Louisiana for example, Lafayette could hoard its network, forcing people that want the best connectivity in the region to move within its borders. But instead, it is preparing to expand the network.

City-Parish President Joey Durel announced that the municipal network would begin expanding beyond Lafayette city limits. An article in The Advocate quoted Durel:

“As I have traveled this parish, one of the most common things I am asked is, ‘When will we get fiber?’ That answer depended in large part on making fiber successful in Lafayette. We’re there,” Durel told the crowd that filled the Cajundome Convention Center.

Durel noted that municipalities that make agreements with Lafayette based on future annexation will be considered if they are willing to pay for the cost of expansion in their communities. Youngsville is reported to be the first town be consider Lafayette's proposal for bringing better local residential and business connectivity.

Any expansion of municipal networks has to answer some of the same important questions of any partnerships - how to allocate risk and benefits. It doesn't seem appropriate for Lafayette to assume the full risk of expanding the network to Youngsville, for example. Those who receive the benefits should assume some risk, and those who assume risk should be compensated in some measure.

One community, Broussard, is balking. Apparently, the town of 6,800 people located just outside Lafayette city limits does not want to contribute to the cost of fiber in their community, reports The Advocate. Understanding these fights from afar is always challenging because neighboring communities have often developed animosity over decades from both real and imagined slights.

Broussard has taken a hard line:

Chanute Receives State OK to Bond for FTTH Deployment

The Kansas Corporation Commission (KCC) will allow the city of Chanute move forward with its plan to serve residents and local businesses with its municipal network reports the Wichita Eagle. KCC staff had recommended that the community, which has built out a network over the course of decades, receive KCC approval. 

In keeping with an antiquated 1947 state law, K.S.A. 10-123, the city needed KCC approval to issue the revenue bonds. In keeping with the statutory requirements, the KCC found that the expansion is necessary and appropriate for the city, its consumers and investors. The KCC also also determined that the expansion will not duplicate an existing utility service.

In its filing [PDF], Chanute indicated that its network is an essential part of the local economy and the community's future:

Chanute is a rural community, and like all rural communities, access to broadband is fundamental to the well-being of its citizens and even to the survival of the community itself. Chanute does not need to convince the Commission of the importance of having access to a high- speed broadband network. The Commission is well aware of that need. The investments contemplated for Chanute's broadband network are necessary and appropriate to allow Chanute to meet that need in its territory.

As the city points out, incumbents AT&T and Cable One, do not offer anything close to the level of service of the planned gigabit FTTH network. As we cover in our 2012 report on Chanute, AT&T and Cable One seem to have no interest in serving the community beyond minimum expectations. It was the need for better services that inspired the city to build out its infrastructure and offer services to local businesses.

Lake County Provides Gap Funding To Keep Project On Track

Lake County has faced a number of challenges since it began deploying its fiber network in 2012. The latest wrinkle comes as the Rural Utility Service (RUS) is late in distributing funds to pay contractors. The agency is administering the stimulus funds used to build the $66 million project. The Lake County News Chronicle recently reported that the County Board of Commissioners will pay $500,000 to cover expenses until federal funds arrive.

The Chronicle reports:

County Administrator Matt Huddleston said the County typically submits financial requirement statements (FRS) to RUS, and the federal agency usually processes the request for funds within 20 days. FRS 15 was filed more than 50 days ago and RUS still hasn't paid the County. A second, more recent FRS has also been delayed.

Commissioners were concerned delayed payments to contractors would further delay the project, scheduled for completion by September 2015.

After the original partner and the County dissolved their partnership and a threat of a lawsuit from Mediacom slowed deployment, Frontier asserted ownership of a number of utility poles within Two Harbors. According to the Chronicle, Lake Connections and the County recently made the decision to bury fiber instead of stringing them on poles as a way to avoid more delays.

Commissioner Rick Goutermont said he was hopeful after speaking to RUS officials on a conference call Monday that RUS would approve the new plan, the project would move forward and RUS would reimburse the $500,000 quickly.

"If we make some kind of movement in the form of some gap financing ... to keep the boots on the ground out there working on it, I believe that would send a stronger message to RUS of our commitment and that we want to move forward," Goutermont said Tuesday.

Vermont Draft Telecom Plan Fails to Deliver on Many Fronts

Last week, the Vermont Department of Public Service began a series of public hearings on the public comment draft of its State Telecommunications Plan. The plan is intended to asses the current state of the telecom landscape in Vermont, map out goals and benchmarks for the next 10 years, and provide recommendations for how to achieve them. The plan sets a target of 100 megabit per second symmetrical connections for every home and business in the state by 2024.

Oddly enough, achieving that even today would put them behind many metropolitan areas across the United States. The technology needed to deliver 100 Mbps connections is essentially the same that would be used to deliver 1 Gbps, begging the question why such a limited goal?

The 100/100 mbps symmetrical target is for 10 years into the future, but in the nearer term the plan calls for universal 4/1 Mbps coverage, raised to 10/1 Mbps coverage by 2020. While it may at first glance seem reasonable to set gradually rising targets, these long and short term goals actually have the potential to conflict with each other.

As pointed out by Vermont Public Radio, the 100/100 Mbps standard would likely require universal FTTH, or at least fiber to the node combined with other technological advances and investments. Meeting this goal would require a huge investment in next generation fiber optic infrastructure, yet the Telecommunications Plan calls for funding priorities to be focused on achieving universal 4/1 mbps coverage for the next 6 years. This lower standard will likely be met with a combination of last generation technologies like copper wire DSL and wireless that are incapable of meeting the 100/100 standard.

Continuing to build out older systems while deferring investments in fiber, which is adaptable to meet just about any future need, seems illogical. It’s a bit like saying you’re going to put all your expendable income for the next six years into repairing your VCR and buying tapes, while promising you’ll buy a DVD player immediately after.