Broadband in Colorado: Why It Matters to Municipalities

Publication Date: 
April 1, 2009
Author(s): 
Ken Fellman, Kissinger & Fellman PC
Joanne Hovis, Columbia Telecommunications Corporation

In this short article, Joanne and Ken discuss why Colorado Municipalities need to think about broadband within their community and why Colorado law makes it more difficult for communities in Colorado to ensure they have modern broadband networks.

Even as there is growing consensus nationally that broadband is a key driver of economic competitiveness, the communications industry is not meeting our growing demand for bandwidth and speed in an affordable manner. The U.S. has slipped to 16th in the world in per capita penetration as of May 2007, compared to a ranking of fourth just six years ago. We face a broadband monopoly or duopoly of incumbent cable and telephone companies, with the possibility of no broadband in many rural areas. DSL and cable modem service are not universally available, and even where they are frequently fail to meet business and educational needs. Small and medium businesses cannot compete without affordable, high-speed access. Many businesses will not locate in areas without very high speed access. Homebased businesses fail to grow because of slow Internet speeds. Lack of fast, affordable broadband also precludes development of the collaborative, distributed work that is a hallmark of the emerging global economy.

However, short-sited politicians in the capitol have created roadblocks to community broadband networks:

With support of large communications providers, Colorado passed Senate Bill 152 in 2005, which placed a significant roadblock in front of any local government efforts to invest in broadband deployment. Essentially, local governments are prohibited from investing in these networks, even in the case of public-private partnerships where the customer interaction is through a private sector partner, unless the project is approved by local voters. While problematic, a well-planned project should arguably not have a problem receiving voter approval. However, one of the unintended consequences of the legislation was its failure to anticipate the federal stimulus dollars, and the intent of the federal government to send those dollars to communities with “shovel ready” projects.

Colorado communities are disadvantaged compared to other local governments if we can only represent that our ability to spend these dollars is contingent upon a public vote.

Colorado Municipalities