Tag: "state laws"

Posted March 9, 2018 by lgonzalez

Last week we reported about the uncertain position that faced Washington ports might find themselves in, should they decide to bring better connectivity to the areas within and around their service areas. We are pleased to learn that the state legislature saw the light and chose to pass the bill without the proposed harmful Senate amendments. It's good news, but the final bill isn't ideal. 

The Problem; The Proposed Solution

Current law allows ports to develop and use fiber optic infrastructure for its own uses both within and beyond their geographic borders; they can only offer wholesale services to other entities within their borders. HB 2664, as introduced, removed the geographic restriction for wholesale services. Communities like Bellingham want to attract ISPs to their cities to compete with incumbents and encourage better prices and services. With the ability to use fiber from the port and possibly integrate it into an expanded network, a city like Bellingham could save time and considerable expense if they wish to invest in Internet infrastructure throughout the community.

Local advocate Jon Humphrey, who has been following this bill and others in his area, noted that the bill had much to do with population density. There had been a change to the original language of bill — the “rural” port requirement, which effectively protected national ISPs from any competition. Humphrey wrote, “This is where the modification of the bill should have ended.”

To The Senate

The bill had no problem passing the House, but when the Senate took it up, they added several amendments that distressed Humphrey and others watching the bill and rooting for it to pass.

We were also concerned about the amendments, including a change that required projects to prioritize unserved and underserved areas. Serving such areas is certainly critical, but this type of language in legislation serves to protect incumbent ISPs from competition rather than to bring high-quality Internet access to areas ignored by those same incumbents. Allowing some level of competition in more densely populated areas helps support projects that reach into less populated unserved and underserved areas.

Humphrey expressed concern... Read more

Posted March 6, 2018 by lgonzalez

Senator Janice Bowling has long been a champion for rural broadband in Tennessee. On March 6th, her bill SB 1045 came before the Tennessee Senate Commerce and Labor Committee and the members chose not to advance the bill. Once again, big telephone and cable company interests win out over the needs of rural Tennesseans.

Download SB 1045 here.

Information Session 

Sen. Bowling presented information about the bill at a February 27th meeting of the committee. She introduced SB 1045 last year and it was added and removed from committee hearing schedules several times; HB 1410, the companion House bill from Rep. Weaver, encountered similar treatment. SB 1045 would allow municipal networks and cooperatives to provide broadband service beyond their service areas. Communities that don’t have municipal networks, will regain local authority to invest in Internet infrastructure.

Explaining The Need

In her February 27th presentation, Sen. Bowling described how rural areas in the state are crippled in various ways by the lack of high-quality connectivity. She provided a map that visualizes the disparities between rural areas, communities with fiber optic networks, and urban areas.

She described the need for fiber for economic development:

In rural Tennessee, if we have what is called an industrial park, and we have electricity…you have running water, you have some paved roads, but if you do not have access to fiber at this point, what you have is an electrified cow pasture with running water and walking trails. It is not an industrial park.

janice-bowling.jpg Bowling, whose district includes Tullahoma, has been working in this space for a long time and has gained knowledge from technical experts and business leaders. LightTUBe, her community's municipal fiber optic network, has been serving residents, businesses, and municipal facilities since 2009. The network has boosted economic development, improved education, and public savings... Read more

Posted February 28, 2018 by lgonzalez

PUDs in Washington have been developing fiber optic networks as open access infrastructure for decades. Even though ports have the same authorization to develop broadband infrastructure, their authority is limited. Currently, a port may operate telecommunications facilities for its own uses within and beyond its district, but can only provide wholesale services within the districts. A bill in the legislature would remove the ports' geographic limits and expand their authority, but amendments to the bill might cut into the measure's effectiveness.

Ports Want To Partner

HB 2664, which has worked its way through the state legislature aims to change the current situation by expanding a port’s ability to offer wholesale services outside of its district. The goal is to allow a port to use its infrastructure to partner with a private sector ISP to bring better connectivity to residents, businesses, and other entities in the areas around the port’s district.

HB 2664, which passed the House on February 14th, went on to the Senate and passed there, but was amended to require a project to focus on unserved and underserved areas. In places like Bellingham, where a city has grown up around the port and beyond its boundaries, the community could work with the port to make use of its fiber infrastructure to develop better connectivity for economic development, public savings, and better services for schools and libraries. A restriction forcing the port to prioritize on unserved and underserved communities, however, might thwart a project where DSL or cable now serves the community, even though the service is far below what the FCC considers broadband, expensive, or limited to spotty areas in town.

Putting It All Out There

Another amendment requires that any ports that decide to start using their infrastructure for wholesale service must first establish a business plan and have it reviewed by an independent third party consultant. Recommendations and adjustments associated with the review must all occur transparently. Often private sector partners shy away from working with the public sector when state laws put them in such a potentially vulnerable position.

HB 2664 started off as a promising piece of legislation but amendments may considerably limit its effectiveness.

The Process Continues

Due to the amendments in the Senate, the bill will go back to the House.... Read more

Posted February 22, 2018 by lgonzalez

Maple syrup, the Green Mountains, and network neutrality. On February 15th, Vermont Governor Phil Scott signed Executive Order No. 2-18, the Internet Neutrality in State Procurement, following closely the actions of four other Governors over the past few weeks. You can read the E.O. here.

States Take A Stand 

Like similar actions in Montana, New York, Hawaii, and New Jersey, Vermont’s executive order applies to contracts between ISPs and state agencies. The order directs the state Agency of Administration to change its procedures so that any ISP it contracts with doesn't throttle, engage in paid prioritization, or block content. The Agency of Administration has until April 1st to make the changes to Vermont’s procedures. 

If a state agency cannot obtain services from an ISP that agrees to comport with network neutrality policy, the state agency can apply for a waiver. The E.O. is silent as to what would allow a waiver; presumably the Agency of Administration would need to establish criteria.

Action In The State Chambers

In early February, the State Senate passed S.289 with only 5 nays and 23 yeas. The executive order Scott recently signed reflected the intention behind the language of S.289 regarding state contracts. When Sen. Virginia Lyons introduced the bill, she described it as a necessary tool to ensure transparency in government. “We don’t want to see information held back or slowed down or deviated in any way when it relates to our state or local government,” Lyons said.

After passage, however, the secretary of the Agency of Administration, the secretary of... Read more

Posted December 26, 2017 by christopher

It is that time of year - as 2017 draws to a close, we pulled Nick, Hannah, Lisa, and myself back into a podcast to talk about the predictions we made one year ago on episode 234. And despite having to deal with our failed predictions from last year, we dive right into making more predictions for next year.

Along the way, we talk about the lessons we are taking away from 2017 and thinking more broadly about 2018. 

We talk about net neutrality, cooperatives, preemptive state laws, consolidation, and even start with me going on a mostly-unneeded rant about radio. 

So give the show a listen, and then start forming your own local Broadband and Beers informal group to begin organizing locally around better Internet access!

Read the transcript for this show here.

This show is 39 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license.

Posted December 4, 2017 by Staff

This is the transcript for Episode 281 of the Community Broadband Bits podcast. Will Rinehart of the American Action Forum in Washington D.C. discusses telecommunications and economics with our host Christopher Mitchell. Listen to this episode here.

Will Rinehart: And I do think that obviously good policy is very very important and that's where you and I agree a lot. You know there's obviously some good policies that can be enacted. There's probably better conversations that could be had in this space and that's also something else that I really do really want to see. You're

Lisa Gonzalez: listening to episode 281 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzales as a research organization. We here at the institute make it a habit to hear all sides of the debate along the way we make connections with people who offer perspectives on policy that differ from ours. We consider these conversations critical as we analyze factors that help us create policy recommendations and resources for local communities. This week Christopher talks with Will Rinehart from the American Action Forum. They got together at the recent broadband community's economic development conference in Atlanta. In this conversation you'll hear the two discuss a variety of topics they talk about the area of telecommunications and economics and the forum's approach. You'll also hear that these different perspectives aren't as black and white as they first appear. Now here's Christopher with Will Rinehart from the American Action Forum.

Christopher Mitchell: Welcome to another edition of the community broadband bits podcasts. I'm Chris Mitchell with the Institute for Local Self-Reliance. Coming to you from Atlanta sitting practically on a runway at the Atlanta airport with Will Rinehart the Director of Technology and Innovation Policy with the American Action Forum. Welcome to the show. Thanks Chris. Thanks for having me. We're at the broadband community's event here. We just had our second panel which is called a blue ribbon panel and general session kind of thing. And you and I are typically brought on as people who have very opposing points of view.

Will Rinehart: [laughs] To... Read more

Posted November 29, 2017 by lgonzalez

Christopher went to Atlanta for the Broadband Communities Economic Development Conference in early November, and while he was there, he touched base with this week’s guest Will Rinehart. Will is the Director of Technology and Innovation Policy at the American Action Forum, a DC nonprofit organization that’s been around since 2009.

Will and Christopher don’t always see eye to eye on issues that affect telecommunications and broadband policy, but both agree that it’s important to have spirited debate to share perspectives. Only by examining issues from different sides can we craft policy that creates lasting benefits.

In this interview, Will describes his organization and his work there. Chris and Will look at compelling issues such as ISP competition, government regulations, and how the FCC’s 2015 upgraded definition of broadband has reverberated in the market. The two get into franchising and ubiquitous broadband, local authority, and connectivity in rural America. It’s a spirited discussion chock-full of issues.

You can tweet to Will, he’s @WillRinehart on Twitter.

Read the transcript for this show here.

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 download this mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license.


Posted October 24, 2017 by lgonzalez

With the best intentions, Kentucky announced in late 2014 that it would build out a statewide open access fiber optic network to at least one location in each county to encourage high-quality connectivity in both urban and rural communities. Hopes were high as rural residents and businesses that depended on DSL and dial-up envisioned connectivity to finally bring them into the 21st century. After almost three years and multiple issues that have negatively impacted the project, legislators and everyday folks are starting to wonder what's in store for the KentuckyWired project. 

Local Communities Are Best Suited To Deploy Community Networks

There is no one-size-fits-all method of deploying across a state filled with communities and landscapes as diverse as Kentucky. From the urban centers like Louisville and Lexington to the rocky, mountainous terrain in the southeastern Appalachian communities, demographics and geography vary widely. But most lack modern Internet access and local ISPs have found it hard to get affordable backhaul to connect to the rest of the Internet.

There are several municipal networks in Kentucky, some of which have operated for decades. In addition to Glasgow, Paducah, Bowling Green, Frankfort, and others, Owensboro is currently expanding a pilot project that proved popular. As our own Christopher Mitchell discussed at the Appalachia Connectivity Summit, several cooperatives have made major fiber-optic investments in the state.

When it comes to connecting residents and local businesses, we strongly believe local entities are the best choice. Local officials have a better sense of rights-of-way, the challenges of pole attachments, and the many other moving pieces that go into network investment. Projects with local support see fewer barriers - people are more willing to grant easements, for instance. 

As a state, building an open access fiber network into each county makes sense. States also need to connect their offices, from public safety to managing natural resources and social services. Rather than overpay a massive monopoly like AT&T... Read more

Posted September 29, 2017 by lgonzalez

California Legislators have turned on their constituents living in rural areas who want to participate in the 21st century online economy. What began as a move in the right direction - allocating substantial resources to funding high-speed Internet infrastructure - has become another opportunity to protect big incumbents. It’s twice as nice for Frontier and AT&T, because they will be paid big bucks to meet a low Internet access bar.

Discretionary Fund

Democrat Eduardo Garcia, the main author on Assembly Bill 1665, represents the Coachella Valley, a rural area in the southern area of the state near Palm Springs. Democrat Jim Wood coauthored with eight others. Wood represents coastal areas in the northern part of the state, which was passed during the eleventh hour of the 2017 legislative session. Wood’s district and region has obtained several grants from the California Advanced Services Fund (CASF) that have helped to improve local connectivity. 

The CASF is much like CAF; both programs are funded through a surcharge on revenue collected by telecommunications carriers from subscribers. Since 2007, when California authorized the CASF, the legislature has amended the rules and requirements several times. Early on, CASF awards went primarily to smaller, local companies because large corporations such as AT&T and Frontier did not pursue the grants. Now that those behemoths have their eyes on CASF grants, they’ve found a way to push out the companies who need the funds and have shown that they want to provide better services to rural Californians.

AB 1665 allocates $300 million to Internet infrastructure investment and an additional $30 million to adoption and related local programs. Policy experts have criticized the legislation on several fronts. Consultant Steve Blum told CVIndependent:

The incumbents (large corporate ISPs) including AT&T, Frontier and the California Cable and Telecommunications Association jumped in and said, ‘We want the bill to be X, Y and Z.’ … Assemblymember Eduardo Garcia took it and started adding language that reflected the desires of these cable and telephone company incumbents.

“The bill went through three revisions, and each time,... Read more

Posted September 15, 2017 by lgonzalez

For years we’ve encouraged voters to make improving connectivity a campaign issue in local, state, and federal elections by pursuing answers from candidates. In this year's Virginia Gubernatorial race, it has now become a topic that both candidates are addressing as a key issue. The Roanoke Times Editors, no strangers to the state's struggles with rural Internet access, recently published an editorial to inform voters that broadband is finally getting some long overdue attention.

Surprised And Pleased

The Times has spent significant resources on broadband reporting in recent years, so it’s no surprise that the editors are savvy to the fact that broadband as a campaign issue is a novel development.

The most important news here is that both candidates say they see a state role in extending broadband to rural Virginia. The times really are a-changing: This is the first governor’s race where broadband has been a big enough issue for candidates to issue policy papers on the subject.

During the last legislative session, the Times covered Delegate Kathy Byron’s bad broadband bill closely. Over the past few years, they’ve pointed out the many disadvantages local communities face when folks suffer from poor connectivity. They've also shined a light on why the state’s economy will deteriorate if Virginia does nothing to improve Internet access in rural areas.


In this editorial, the Times briefly lays out a few differences that the candidates have expressed in their proposals. Both candidates want to expand the state’s fledging Virginia Telecommunications Initiative, modeled on Minnesota’s Border-to-Border Broadband Program, which has also recently inspired Ohio legislators.

Virginia's election is November 7th, which gives voters time to review both plans, contact the candidates with questions, and decide which candidate's... Read more


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