The results of a statewide Tennessee survey on residential and business connectivity are in and they ain't pretty. Thirteen percent of the state - more than 834,000 people - don’t have access to 25 Megabits per second (Mbps) download and 3 Mbps upload, which is the FCC's definition of broadband. Authors of the study make a number of recommendations, the first of which is removing state barriers that stifle Internet infrastructure investment.

"...A More Open Regulatory Environment"

The study, commissioned by the state’s Department of Economic and Community Development (TNECD) earlier this year, includes feedback from more than 23,000 households and businesses. 

From page 13 of the report:

The State of Tennessee could consider lifting administrative burdens and restrictions to broadband infrastructure investment to fostering a more open regulatory environment. 

In the report, the authors provide detailed reasoning for why the state should embrace an open regulatory environment to encourage competition. They note that state barriers impact electric cooperatives, municipalities that operate electric utilities and cannot expand beyond their own service areas, and municipalities that do not operate electric utilities but can only build telecommunications infrastructure in unserved areas with a private partner.

The FCC came to the same conclusion in February 2015 and rolled back Tennessee state laws in order to encourage competition. Tennessee is leading the charge against the FCC's decision with North Carolina (even though NC's Attorney General criticized the law). The parties have filed briefs, attorneys have presented oral arguments, and now the Sixth Circuit Court of Appeals is considering the case.

The report goes on to recommend other policies, including dig-once, smart conduit rules, and one-...

Since we alerted our audience to the shenanigans surrounding Missouri’s HB 2078, a couple of other news medias have picked up the story and reported on the dramatic end of session climax. As we rest in the glow of the denouement, we want to provide a follow up for those who may have missed the final outcome and offer some words from Jim Baller, who was deep in the trenches.

Here's What Happened...

If you have not yet heard, the language from HB 2078 was ultimately not adopted by the Missouri State Legislature. Whew. Readers probably recall that, when HB 2078 stalled on its own, the author of HB 2078, Rep. Lyndall Fraker slipped some of the more damaging language into SB 765, a traffic ticket bill that had nothing to do with municipal networks.

Fortunately, advocates of municipal networks had been able to educate Members who were part of the appropriate conference committee. Those elected officials decided to remove the language from SB 765 before final passage. Anti-muni Members also attempted to amend the language into a third bill, HB 1912, which concerned county buildings. The sponsor of the amendment then turned around and chose to strip out the language that began in HB 2078 from his amendment, once he learned that its inclusion would have sparked a filibuster and killed the entire amendment.

A Tough Fight That Isn't Over

Jim Baller, the nation’s leading telecommunications attorney who was directly involved with defeating the bill told Communications Daily:

“This was one of the toughest state battles that we’ve fought in years. It took months of constant vigilance, quick and effective reactions to ever-changing language, and hard daily work with key members of the legislature. The most important part was getting across the message that this is not a matter of the public sector competing with the private sector, but of communities retaining the ability to work with willing incumbents, create public-private partnerships, develop their own networks, or do whatever else...

Alabama Republican State Senator Tom Whatley tried again this session to convince his colleagues that municipal utilities need the ability to expand beyond current coverage areas. Once again, his appeal to common sense for better connectivity fell on deaf ears.

Deja Vu

Whatley, representing the Auburn region, held fast to his promise to bring back a proposal like 2015’s SB 438. Early in February, he introduced SB 56, which stalled in the Senate Transportation and Energy Committee, unable to get a hearing. The bill eliminated limitations on both services offered and where municipal systems can offer those services.

In a January OANow article, Whatley explained that, once again, he was driven by the desire to improve economic development in Auburn:

On the local level, Sen. Tom Whatley, R-Auburn, is sponsoring two bills that he hopes will drive industry to and create jobs in Auburn and Opelika. An Internet availability bill would allow municipalities that offer their own high-speed [gigabit] Internet service, such as the city of Opelika, to expand and offer it in other areas, such as in Auburn and Russell or Tallapoosa counties, which are not eligible for [gigabit] service through private Internet companies.

“The [gigabit] service is something that businesses look for,” Whatley said, adding industries look at [gigabit] Internet the way they do school systems and water and sewer before moving their business into a city. “It’s an economic development tool.”

To Spread The Wealth

Opelika is proof positive in Alabama that municipal networks spur economic growth. Since deploying their Gigabit per second (Gbps) Fiber-to-the-Home (FTTH) network, the community has experienced significant growth, a number of awards, and local subscribers love the service they get from Opelika Power Services (OPS...

Once again, local communities in Colorado chose to shout out to leaders at the Capitol and tell them, "We reclaim local telecommunications authority!"

Nine more towns in the Centennial State voted on Tuesday to opt out of 2005's SB 152. Here are the unofficial results from local communities that can't be any more direct at telling state leaders to let them chart their own connectivity destiny:

Akron, population 1,700 and located in the center of the state, passed its ballot measure with 92 percent of votes cast supporting the opt-out.

Buena Vista, also near Colorado's heartland, chose to approve to reclaim local authority when 77 percent of those casting votes chose to opt out. There are approximately 2,600 people in the town located at the foot of the Collegiate Peaks in the Rockies. Here is Buena Vista's sample ballot.

The town of Fruita, home to approximately 12,600 people, approved the measure to reclaim local authority with 86 percent of votes cast. Now, when they celebrate the Mike the Headless Chicken Festival, the Fruitans will have even more to cheer.

Orchard City, another western community, approved their ballot measure when 84 percent of voters deciding the issue chose to opt out. There are approximately 3,100 people here and a local cooperative, the Delta-Montrose Electric Association (DMEA) has started Phase I of  its Fiber-to-the-Home (FTTH) network in the region. According to an August article in the Delta County Independent, Delta County Economic Development (DCED) has encouraged local towns, including Orchard City, to ask voters to opt out of SB 152. With the restriction removed, local towns can now collaborate with providers like DMEA.

In southwest Colorado is Pagosa Springs, where 83 percent of those voting supported the ballot measure to opt out. There are 1,700 people living in the community where many of the homes are vacation properties....