Maine is the latest battleground for local telecommunications authority. A bill in the state’s House of Representatives threatens to halt investment in “The Pine Tree State” at a time when local communities are taking steps to improve their own connectivity.

"I Do Not Think It Means What You Think It Means"

Rep. Nathan Wadsworth (R-Hiram) introduced HP 1040; it has yet to be assigned to a committee. Like most other bills we’ve seen that intend to protect the interests of the big national incumbent providers, this one also has a misleading title: “An Act To Encourage Broadband Development through Private Investment.” Realistically, the bill would result in less investment by discouraging a whole sector - local communities - from making Internet infrastructure investment. 

Large national companies have thus far chosen not to invest in many Maine communities because, especially in the rural areas, they just aren’t densely populated. In places like Islesboro and Rockport, where residents and businesses needed better connectivity to participate in the 21st century economy, locals realized waiting for the big incumbents was too big a gamble. They exercised local authority and invested in the infrastructure to attract other providers for a boost to economic development, education, and quality of life.

Not The Way To Do This

If HP 1040 passes, the community will first have to meet a laundry list of requirements before they can exercise their right to invest in broadband infrastructure.

HP 1040 contains many of the same components we see in similar bills. Municipalities are only given permission to offer telecommunications services if they meet those strict requirements: geographic restrictions on service areas, strict requirements on multiple public hearings including when they will be held and what will be discussed, the content and timelines of feasibility studies, and there must be a referendum.

The bill also dictates financial requirements regarding bonding, pricing, and rate changes. Municipalities cannot receive distributions under Maine’s universal service fund.

As one of the remaining states...

This spring, two more communities in Colorado reclaimed the authority to build municipal networks. Colorado Springs and Central City voted to opt out of SB 152, a state law that removed local telecommunications authority in 2005.

Voters overwhelmingly chose to restore local authority to make decisions for themselves. Now the cities can discuss if a community network is right for them.

Quick Count

The Denver Business Journal covered the outcome of these April votes - noting the strong showing in rural Central City. The referendum to “opt out” of SB 152 easily passed in the small community; of the 182 ballots, 162 folks voted yes for local control [pdf]. That means 89 percent of the voters were in favor of the measure. 

In the much larger, urban community of Colorado Springs, the Colorado Springs Independent described a much tigher vote: 61 percent to 39 percent in favor of local authority. That’s about 50,000 yes votes to 32,000 no votes. Voters also decided another related ballot initiative concerning the sale of city infrastructure. Assets related to city utilities, such as water, electricity or telecom, now cannot be sold without the approval of a supermajority of 60 percent of votes cast in a referendum. 

Nearly 100 Communities Say YES

These two communities join the nearly 100 communities that have already restored local authority. Last November, 26 other communities also voted to opt out of the law. More communities may join this growing movement this fall. 

After elected officials in Washington, D.C., voted to allow ISPs to invade their customers’ privacy online, leaders in Minnesota took steps to protect constituents. A recent amendment in St. Paul may be setting some new rules for ISPs operating in the Land of 10,000 Lakes.

Taking Action In Minnesota

Both the state House and Senate approved omnibus bill amendments that prevent ISPs from collecting the personal data resulting from customer use of the Internet. The Senate amendment language, introduced by Ron Latz, reads like this:

No telecommunications or internet service provider that has entered into a franchise agreement, right-of-way agreement, or other contract with the state of Minnesota or a political subdivision, or that uses facilities that are subject to such agreements, even if it is not a party to the agreement, may collect personal information from a customer resulting from the customer's use of the telecommunications or internet service provider without express written approval from the customer. No such telecommunication or internet service provider shall refuse to provide its services to a customer on the grounds that the customer has not approved collection of the customer's personal information.

The body voted 66 - 1 to adopt the language into the Senate omnibus jobs bill, SF 1937. In the House, an almost identical amendment was adopted into HF 2209, their economic development omnibus bill. The Senate version added the last sentence, preventing ISPs from denying service unless a customer allows their ISP to collect data.

After the amendment was included in the bill, Sen. Latz commented that the language was, “about standing up and saying that our online privacy rights are critically important.”

Latz's office told us that, since federal law is silent on this particular issue, the state may enact this...

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...