This is the transcript for Episode 244 of the Community Broadband Bits podcast. Christopher Mitchell speaks with Tom Stehn of West Plains, Missouri, on how the community is encouraging economic development. Listen to this episode here.

Tom Stehn: Businesses look to expand, move to other locations. There's usually five questions they ask, and one of them is always what kind of broadband do you have?

Lisa Gonzalez: This is episode 244 of the Community Broadband Bits Podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. West Plains, Missouri, located in the south central part of the state, is situated in the Ozarks, and known for its beautiful terrain, forests, and vistas. Despite attracting outdoor enthusiasts, the community has suffered some economic losses in recent years and is taking steps to boost economic development. Recently the city began offering high quality connectivity to local businesses. Tom Stehn, City Administrator, talks to Christopher this week about the city's foray into municipal Internet infrastructure. Tom describes how the city's plan to update municipal services led them to discover that local businesses also wanted better connectivity. He describes the city's project, their plan, and how they're starting out slowly to address any challenges they encounter along the way.

Christopher Mitchell: Hey everyone. I just wanted to thank you for listening and helping out to create a stronger Internet ecosystem, making sure everyone has high quality access. Please tell your friends, tell others who might be interested, about this show. If you have a chance to rate us on iTunes, please do. Several people already have. We really appreciate all of the comments, and we really appreciate you taking the time to listen to us.

Lisa Gonzalez: Now here's Tom Stehn, City Administrator, of West Plains, Missouri, talking with Christopher about the community's municipal fiber project.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits Podcast. I'm Chris Mitchell. Today I'm talking with Tom Stehn, the City Administrator of West Plains in Missouri. Welcome to the show.

Tom Stehn: Thank you, glad to be here...

Earlier this legislative session, we followed legislation in Virginia, which would have negatively impacted municipalities’ ability to use their publicly owned infrastructure to improve connectivity. We’re now watching a bill in Missouri that’s been resurrected from legislation that died last year. Another state bill just appeared on our radar in Georgia that interferes with local community authority by prescribing stringent rules on permitting and applications.

The Wrong Direction

When our Christopher saw it, he said: 

This is based on the false notion that cities are the barrier to better networks rather than recognizing the power of pole owners and existing attachers as a far more significant barrier.

The bill, HB 336 or the Broadband Strategy for All of Georgia Act, allows communities to be certified as “broadband ready,” which may allow providers that serve those communities eligible for state tax incentives. In order for a community to be certified as a “broadband ready community,” it must comply with a specific model ordinance, created by the state that dictates the process for reviewing applications for broadband projects.

The bill starts out all wrong, by defining broadband as 10 Megabits per second (Mbps) download by 1 Mbps upload. Clearly that indicates that its point of origin is the incumbent telephone companies who want to make it easier to provide their slow DSL, rather than encourage upgrades to the FCC definition of “broadband.” As a reminder, the federal government considers broadband to be 25 Mbps / 3 Mbps.

The process proposed in HB 336 assumes that local communities that are trying to protect their public spaces are the bad guys and any DSL or cable company who wants to insert their lines or equipment in public space is but a poor victim. The bill applies to any “public rights of way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by the political subdivision.”

The Heavy Hand Of The State

HB 336 caps application...

While Tennessee Governor Bill Haslam’s “Tennessee Broadband Accessibility Act” has been in the news, several other Legislators have introduced companion bills earlier this month that deserve attention.

A Few Gems

SB 1058 and HB 0970, from Senator Janice Bowling and Representative Dan Howell, would allow municipal electric utilities, such as Chattanooga’s EPB, Tullahoma Utilities Board, or Jackson Energy Authority to expand beyond their electric service area. SB 1045 and HB 1410 reclaims local authority for municipalities that want to offer telecommunications service either alone or with a partner.

HB 0970 has been assigned to the House Business and Utilities Committee; SB 1058 was referred to the Senate Commerce and Labor Committee.

Bowling has also introduced SB 1045, a bill that allows municipal electric utilities and electric cooperatives the ability to offer telecommunications services either on their own or with private sector partners. SB 1045 and it’s companion, HB 1410, sponsored by Terri Lynn Weaver in the House, specifies that there are to be no geographic limits to the service area. SB 1045 and HB 1410 are also in the same committees as SB 1058 and HB 0970.

Correcting Existing Problems

The EPB challenged restrictive state law in 2015; the FCC determined that the law was inconsistent with federal goals. The agency preempted both Tennessee and North Carolina's laws that inhibit municipal electric utilities from expanding. When Tennessee and North Carolina appealed the FCC decision, however, the appellate court determined that that states had the right to impose those laws on local communities and reversed the preemption.

Tennessee's current state law prevents municipal electric utilities that offer Internet access and/or video within their electric service area to expand beyond those geographical limits. These new bills propose removing the restrictions; they also contain a clause...

The second-largest city in Wisconsin and the home of the University of Wisconsin, Madison, is pursuing a path-breaking municipal Fiber-to-the-Home (FTTH) strategy. They have already started by deploying fiber to several low-income neighborhoods and working with local ISP ResTech to offer services.

Madison CIO Paul Kronberger joins us for Community Broadband Bits episode 227 to discuss their plan. We start by discussing how they decided to deploy FTTH as a digital divide strategy. Like more and more of the communities considering this approach, Madison does not have a municipal electric utility.

We also discuss how Madison plans to deal with the state law that limits municipal fiber network investments and why Madison has decided to work with a private provider even though the city will retain ownership of the network. Read more of Madison coverage here.

Read the transcript of the show here.

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