Tag: "preemption"

Posted June 29, 2021 by Sean Gonsalves

Municipal broadband advocates in Ohio realized a major victory today when a bipartisan House and Senate conference committee released the final version of their state budget plan that added $250 million to expand broadband access in the Buckeye State and removed the anonymous budget amendment that would have effectively banned municipal broadband networks if passed into law.

According to The Columbus Dispatch, the two chambers are expected to approve the final budget tonight before sending it to Gov. Mike DeWine to be signed into law ahead of the July 1 deadline. 

The vote comes after local officials, community broadband advocates, and angry residents and businesses from across the state spoke out against the last minute municipal network-killing amendment attached to the state budget proposal. State lawmakers were deluged with a flurry of calls, emails, and letters after the budget amendment was revealed two weeks ago without public discussion or debate. 

“We had a real grassroots movement here in Fairlawn. We are thrilled our residents, subscribers and businesses came together and helped us defeat this amendment,” Fairlawn Service Director Ernie Staten told us immediately following the news. “We appreciate that the State of Ohio recognizes that municipal broadband has a place in this state and we hope to continue this great endeavor.”

Staten said when FairlawnGig sent out word to the community about the budget amendment, the response from Fairlawn subscribers was fast and furious. “Over 700 emails were sent by our subscribers saying, ‘Don’t take this (municipal broadband) away!’ I think that’s amazing,” he said.

Will Municipal Networks Be Able To Access New State Grant Money?

While Staten celebrated the removal of the budget amendment, he called the victory “bittersweet,” as municipalities and electric cooperatives in the state do not have access to the proposed $250 million broadband expansion grant program that will be...

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Posted June 16, 2021 by Sean Gonsalves

News outlets in Ohio have begun to pick up on something we first reported (here and here, thanks to our local allies), sounding the alarm on an Ohio Senate budget amendment that, if passed, would effectively kill municipal broadband networks and other publicly owned and operated broadband projects in the Buckeye State.

In the days following the unveiling of the budget amendment, the law firm IceMiller released an analysis of the overarching consequences if this language makes it into the final budget, outlining the problems not only for cities, but schools, port authorities, and intergovernmental agreements. The analysis suggests that not only would it discourage future investment, but also require many existing operations to cease altogether, to the detriment of Ohio residents and businesses.

‘Set Ohio Back Decades’

This past Sunday, the Akron Beacon Journal published a story on how the proposed amendment has Summit County officials concerned that it could put the region’s celebrated municipal network FairLawnGig out of business with Fairlawn Mayor William Roth saying the proposed legislation “would set Ohio back decades and make the state less attractive for businesses and economic development.”

The Beacon Journal goes on to report that both Mayor Roth and Summit County Executive Ilene Shapiro are reaching out to state lawmakers and the governor's office asking that the anti-municipal network language be removed from the proposed budget and are encouraging residents to register their opposition to the amendment with their legislators as well.

‘Vigorous’ Opposition From Local Community Advocates

In conjunction with the Coalition for Local Internet Choice (CLIC), FairLawnGig has issued a press release in response to the budget amendment in which Ernie Staten,...

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Posted June 15, 2021 by Ry Marcattilio-McCracken

This week on the podcast Christopher is joined by Douglas Adams, the CMO of Think Marketing (the firm which handles the marketing operations for the municipal network FairlawnGig in Ohio), Ernie Staten, Director of Public Service for the city of Fairlawn, and Angela Siefer, Executive Director of the National Digital Inclusion Alliance.

The topic of the day is the amendment attached to the upcoming budget for the state of Ohio which, if included in the final version, would make Ohio the first state in a decade to erect barriers to the establishment, expansion, and continuing operation of publicly owned and operation broadband networks. 

Douglas, Ernie, and Angela talk about the wide-ranging consequences of this amendment, which was pushed through without any meaningful public debate, and how it would ban the continued operation of existing municipal networks like those run by the cities of Fairlawn, Dublin, Springboro, Wadsworth, and Hudson. At the same time, it would preclude the establishment of new networks, as well as stymie efforts by counties and other public entities to use existing and build new Internet infrastructure to save local governments money or deploy low-cost options to families stuck on the wrong side of the digital divide.

See our previous coverage here and here. Click here to read a new fact sheet on the benefits that municipal broadband has brought to the state of Ohio, and the widespread impact if the amendment is adopted as-is.

Read our earlier coverage of the amendement here.

Read our new fact sheet [pdf] on all the ways Ohio's community networks have brought value to the state. 

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

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Posted June 15, 2021 by Ry Marcattilio-McCracken

The Ohio Senate attached an amendment to the state's budget bill last week which would place significant restrictions on the establishment of new community broadband solutions. It would also, if passed in its current form, place substantial barriers on the operation and expansion of existing municipal networks and other publicly owned and operated projects.

Cities across Ohio have expanded Internet infrastructure in thoughtful, forward-looking ways. These municipal networks have created local government savings, increased speeds, promoted service competition, and powered economic development.

 Some cities have specifically addressed the affordability gap in cities, where many residents have been left behind in a broken market where large Internet Service Providers (ISPs) have underbuilt networks, leaving hundreds of thousands of broadband-hungry Ohioans in the digital dust.

This fact sheet [pdf] outlines the many long-term benefits that municipal broadband projects have brought to the state. For instance:

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Posted June 14, 2021 by Ry Marcattilio-McCracken

Municipal networks in the United States have proven that when dollars are invested in publicly owned information infrastructure, they often return value back to the community several times over. This new fact sheet [pdf] highlights municipal broadband success stories from across the country and some of the many benefits the networks have brought to the communities they serve. 

These networks are directly accountable to the community and have proved themselves for more than 20 years in some cases, bringing lower prices to households than the large private providers. Municipal networks and partnerships account for 9 of the top 10 fastest broadband networks in the nation.

Download Snapshots of Municipal Broadband: A Much-Needed Part of America's Digital Ecosystem [pdf] here.

For timely updates, follow Christopher Mitchell or MuniNetworks on Twitter and sign up to get the Community Broadband weekly update.

Posted June 10, 2021 by Sean Gonsalves

Well, they did it. The Ohio Senate passed its two-year $75-billion budget bill yesterday, which included an amendment that effectively bans the creation of municipal broadband networks without much in the way of public debate.

If the amendment contained in the Senate’s budget survives the budget process, it would make Ohio the first state in a decade to erect barriers to the establishment and expansion of municipal broadband networks.

The vote was along party lines, with 25 GOP State Senators voting in favor of the Senate budget bill and the chamber’s eight Democrats voting against it. With the House having passed its budget bill in April, now the two legislative bodies have until June 30 to negotiate the differences.

According to the Columbus Dispatch, the House and Senate budget bills agree on about 60 percent of what’s contained in the Senate spending proposal. Where the House and Senate disagree is on the size of a state income tax cut, school funding, access to subsidized childcare, and broadband.

Ohio on Cusp of Municipal Broadband Ban

When the Senate version of the state budget bill was unveiled earlier this week, it included an amendment that saddles community-owned projects with an array of conditions designed to prevent, stifle, and discourage political subdivisions from building and operating networks that meet the connectivity challenges of its residents. It also takes aim at existing projects which enhance the resiliency of regional communications, telehealth, and public safety operations.

Among the most pernicious consequences would be that it only allows for municipal broadband networks to be built in “unserved” areas of the state, defined as geographic regions where residents do not have access to “broadband service capable of speeds of at least 25 Mbps downstream and at least 3 Mbps upstream.”

But with about 94...

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Posted June 9, 2021 by Sean Gonsalves

The Ohio State Senate is set to vote today on the state budget bill that includes an amendment which, if signed into law, would be a major setback for municipal broadband projects in the Buckeye State and protect the big incumbent Internet Service Providers from competition. 

If passed and signed into law it would make Ohio the first state in a decade to erect barriers to the establishment and expansion of municipal broadband networks. This is a surprising and disappointing move, especially for families who have spent the last year experiencing firsthand the poor Internet connectivity that comes with a broadband market dominated by monopoly providers with no incentive to put the interests of the public ahead of shareholder returns.

Erecting Barriers

When the Senate version of the state budget bill was unveiled earlier this week, it included an amendement with an array of conditions designed to prevent, stifle, and discourage cities from following through with any plan for a city-run network to meet the connectivity challenges of its residents.

The first is a provision that would only allow for municipal broadband networks to be built in “unserved” areas of the state, defined as geographic regions where residents do not have access to “broadband service capable of speeds of at least 25 Mbps downstream and at least 3 Mbps upstream.”

But a recent Ohio Broadband Strategy report released in 2019 under the direction of Ohio Lt. Gov. Jon Husted pegged the number of Ohioans without access to broadband at just around 1 million. According to the independent broadband tracking firm BroadbandNow, which ranks Ohio 24th in the nation on the broadband access scale, as of June 2021 there were 618,000 Ohio residents who did not have access to broadband with speeds of 25/3 or faster, which means that approximately 94 percent of Ohioans have access to wired broadband with speeds of 25/3 or faster. Restricting municipal networks to only those households with no service whatsoever would effectively preclude new networks in large parts of the state.

...

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Posted June 7, 2021 by Jericho Casper

Snapshot

Michigan broadband package repeals law prohibiting state grants from going to government entities

Montana Legislature duplicates federal limitations against schools and library self-constructing networks

U.S. House Republicans bill would give USDA authority over rural broadband, in place of FCC 

The State Scene 

Michigan

Michigan Gov. Gretchen Whitmer issued an executive directive on Wednesday establishing the Michigan High-Speed Internet (MIHI) Office, a new state office tasked with developing a strategy to make high-speed Internet more accessible to Michiganders. 

Gov. Whitmer has argued that more than $2.5 billion in potential economic benefit is left unrealized each year due to a lack of Internet access across the state. MIHI will be housed inside the state’s Department of Labor and Economic Opportunity (LEO). Speaking of the new office, LEO Acting Director Susan Corbin said, “We need to make major investments to support digital inclusion and this office will be focused on leveraging every dollar available through the American Recovery Plan and other federal programs,” reports WILX.

Michigan lawmakers are moving to answer Corbin’s call and recently proposed a $400 million one-time allocation of incoming federal relief funds to the newly created MIHI to work toward expanding access to broadband. With the funds, LEO would be tasked with maintaining a statewide broadband grant program, the Connecting Michigan Communities Broadband Grant. 

The legislative package [pdf] would allow the state to “award grant money to a governmental entity or educational institution or an affiliate or a public/private partnership, to own, purchase, construct, operate, or maintain a communications network.” The legislation calls for prioritizing projects that will provide discounted Internet service to low-income households and projects that “demonstrate collaboration to achieve community investment and...

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Posted June 4, 2021 by Jericho Casper

Since it was first introduced in Congress in March, the Community Broadband Act of 2021 has gained widespread support from over 45 organizations representing local governments, public utilities, racial equity groups, private industry, and citizen advocates. 

The legislation -- introduced by U.S. Representatives Anna Eshoo, Jared Golden, and U.S. Senator Cory Booker -- would authorize local communities to build and maintain their own Internet infrastructure by prohibiting laws in 17 states that ban or limit the ability of state, regional, and local governments to build broadband networks and provide Internet services. 

The Act also overturns state laws that restrict electric cooperatives' ability to provide Internet services, as well as laws that restrain public agencies from entering into public-private partnerships.

States have started to remove some long-standing barriers to public broadband on their own. In the last year, state lawmakers in both Arkansas and Washington removed significant barriers to municipal broadband networks, as high-quality Internet with upload speeds sufficient for remote work, distance learning, telehealth, and other online civic and cultural engagement has become essential. 

Community broadband networks offer a path to connect the unconnected to next-generation networks. State barriers have contributed to the lack of competition in the broadband market and most communities will not soon gain access without public investments or, at the very least, the plausible threat of community broadband.

The Many Benefits of Publicly-Owned Networks

Despite the tangle of financial restrictions and legislative limitations public entities face, over 600 communities across the United States have deployed public broadband networks. (See a summary of municipal network success stories...

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Posted May 25, 2021 by Jericho Casper

Snapshot

North Carolina Governor budgets $1.2 billion of Rescue Plan funds towards closing the digital divide

Vermont Senate includes private ISPs in what was a community-based solution to universal access

Alabama Governor approves $17 million in broadband grants, some to Comcast and Charter Spectrum

The State Scene

North Carolina 

North Carolina Gov. Roy Cooper released a budget proposal last Wednesday that anticipates using $1.2 billion of incoming federal COVID-19 relief funds towards broadband infrastructure, affordability initiatives, and expanding digital literacy. With North Carolina set to receive a total of $5.7 billion in federal American Rescue Plan funds, Gov. Cooper is dedicating nearly one-fifth of the incoming relief to closing the digital divide. 

Next, the State House, Senate, and the North Carolina General Assembly will create their proposals for how to spend the relief funding. Then, they'll have to rectify any differences. Each chamber's plans could look similar to the governor's or vastly different. 

Gov. Cooper’s proposal specifically allocates [pdf]:

  • $600 million towards expanding broadband infrastructure, including: $350 million for the state’s existing last-mile grant program (GREAT grants), $150 million for competitive bidding which will allow county governments to leverage the funds for public-private partnerships, and $100 million towards stop gap solutions “to address local infrastructure needs and connect underserved households not likely to get fiber for three to four years.”

  • $420 million towards affordability initiatives which will subsidize low-income service plans.

  • $165 million for digital literacy, including: $40 million towards device support to provide computers to 96,000 households which currently lack them; $30 million towards break/fix services to replace devices for over 275,000 North Carolinians; and $95 million towards community-based digital literacy campaigns.

The plan aims to connect 100 percent of North Carolina households with children to high-speed Internet access by 2025, and anticipates the affordability initiatives in the proposed budget will provide 380,000 individuals with a $50/month subsidy for four years. 

Although some of North Carolina’s...

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