Tag: "state laws"

Colorado Towns Say YES To Local Authority; State Lawmakers Take A Stab At More Rural Funding

Posted April 10, 2018 by lgonzalez

In Colorado last week, communities held spring elections if they needed to choose elected officials or ask voters to make decisions on local matters. In six rural communities, voters decided to join the almost 120 municipalities and counties around the state that have already voted to opt out of Colorado’s restrictive state law SB 152. Meanwhile, the General Assembly tried to help bring broadband to the state's most rural areas.

A Resounding Yes

In all six towns, the decision to reclaim local telecommunications authority far outpaced the number of voters who voted “no.” In keeping with similar measures we’ve followed during previous elections on this same question, voters want the opportunity to use their own infrastructure to improve connectivity either directly to the public or with a private sector partner. Most communities that put this issue to the voters don’t have a solid plan in place at the time it’s on the ballot, but they understand that opting out of the 2005 law is a necessary step, should they decide in the future to move ahead with a muni or public-private partnership.

The measure always passes and voters usually approve the opt out provision by a wide margin, as was the case on April 3rd. Here’s the tally:

Firestone : Yes 1568 - No 347

Frisco : Yes 634 - No 69

Lake City : Yes 222 - No 18

Limon : Yes 347 - No 92

Lyons : Yes 526 - No 139

Severence : Yes 621 - No 118

Colorado has been abuzz with activity in recent years as local communities reclaim their right to decide how they handle connectivity improvements. The developments have run into resistance from Comcast and other big national ISPs that feel their monopoly threatened. Last fall, Comcast spent close to a million dollars in a failed attempt to defeat a measure in Fort Collins as the city amended its charter to allow it to invest in a municipal network. Before it could take that step, however, the city held a referendum in the fall of 2015 to opt out of SB 152.

In addition to Fort Collins, several other communities that have opted out in recent years are moving forward....

New Legislation Paves Way For Port Of Ridgefield's Dark Fiber Network

Posted April 5, 2018 by lgonzalez

In March, Washington state legislators passed HB 2664 and sent it on to Governor Jay Inslee, who signed the bill on March 22nd. In the Port of Ridgefield, where the community has been developing plans for a dark fiber network, the community had advocated for the change. Now that the law will be changing for the better, they’re ready to pursue the partnerships they need to spur economic development and improve connectivity for residents and businesses.

Not A New Idea In The Port Of Ridgefield

Back in 2016, we reported how town officials from the Port of Ridgefield had already started setting aside funds to invest in a 42-mile dark fiber loop. The quality of residential and business Internet access options in the community depended on where a premise was located. The community’s Vice President of Innovation Nelson Holmberg described connectivity in the Port of Ridgefield as a “mixed bag”.

The port already had some fiber in place, as many do for communications between facilities and other uses, and port officials wanted to integrate those assets into the design of the new infrastructure. At the time, state law would only allow "rural" ports to use their fiber in any partnership agreements designed to offer connectivity to people or entities outside of the port districts. The Port of Ridgefield did not qualify as "rural". After advocacy from officials from the Port of Ridgefield and other ports around the state, legislators passed HB 2664, which amends the law to remove the restriction. All ports will soon be able to enter into wholesale arrangements with ISPs interested in leasing dark fiber to offer telecommunications services to the public.

Big Plans In Ridgefield

Last fall, the community in Clark County received a $50,000 grant from Washington’s Economic Revitalization Board, which they used to complete a feasibility study. There are approximately 7,...

North Carolina League of Municipalities Releases Report On Better Connectivity Through Partnerships

Posted April 3, 2018 by lgonzalez

The North Carolina League of Municipalities (NCLM) released a report in March with several recommendations designed to help the state boost connectivity for residents, businesses, and organizations. NCLM Legislative Counsel Erin Wynia and CTC Technology and Energy President Joanne Hovis authored the report that offers policy changes to encourage smart partnerships.

Download the report, Leaping the Digital Divide: Encouraging Policies and Partnership to Improve Broadband Access Across North Carolina.

The report dedicates time describing different public-private partnership models and the elements that make them distinct. In recent years, the term has been used to describe a broad spectrum of arrangements. We've highlighted partnerships in places like Westminster, Maryland, and Urbana-Champaign, Illinois, where both partners invest and share in risk and reward.

The North Carolina Situation

Wynia and Hovis spend time on the gap of coverage in rural areas vs coverage in urban areas. They compare data from the North Carolina Broadband Infrastructure Office and the FCC’s form 477. The authors explain why FCC data is so flawed and provide examples of real people who’s lives are impacted due to access to broadband, or lack of it, in their community.

Fiber is the best option for future-proof, fast, affordable, reliable connectivity. Wynia and Hovis compare fiber to other technologies and explain we can’t let hype cloud our long-term thinking. We were happy to supply our map of private ISP fiber availability in North Carolina so readers can see where it’s currently deployed in the state.

The report looks at the state’s existing law that limits local authority regarding municipal broadband infrastructure. As the authors point out, state law does not expressly address local communities’ authority as it...

Port Partnership Power In Washington; Bill Passes

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...

Tennessee Local Authority Bill Halted In Committee

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.

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...

Washington Bill Precarious On Port Partnerships

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....

Vermont Takes Net Neutrality Action

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...

2017 in Review and a Preview of 2018 - Community Broadband Bits Podcast 286

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.

Transcript: Community Broadband Bits Episode 281

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...

Another Perspective on Policy From American Action Forum - Community Broadband Bits Podcast 281

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.