Tag: "legislation"

Posted April 20, 2022 by Karl Bode

Freshly proposed legislation in Missouri would prohibit towns and cities from using federal funds to improve broadband access in areas telecom monopolies already claim to serve. It’s just the latest attempt by incumbent telecom giants to ensure that an historic wave of federal broadband funding won’t harm their revenues by boosting local broadband competition.

Missouri SB 1074 - Sponsored by Sen. Dan Hegeman (R., District 12), proclaims that “no federal funds received by the state, political subdivision, city, town, or village shall be expended for the construction of retail broadband internet infrastructure unless the project to be constructed is located in an unserved area or underserved area.” It passed the Senate Commerce, Consumer Protection, Energy and the Environment Committee on April 13th.

According to the bill, the Missouri Office of Broadband Infrastructure would certify the project prior to a political subdivision receiving authorization. Before being authorized, the office would be mandated to check with incumbent broadband providers to ensure that they don’t offer service in the specified area. 

The bill prohibits federal funding for any projects in areas where a single provider already receives funding to deliver 100 Megabits per second (Mbps) download speeds. If it passes, it also allows Internet Service Providers (ISPs) to submit written challenges to grant applicants within 45 days. The Department of Economic Development would then be tasked with determining the truthfulness of each challenge. 

Only if applicants can prove they’re servicing an “unserved” or “underserved” area (which again is defined by flawed FCC Form 477 data that routinely overstates existing coverage and speeds using broadband definitions set at ankle height) will the applications be deemed valid. 

But the bill gives incumbent monopolies even greater leverage in the challenge process, by letting them challenge a deployment if an incumbent ISP has “taken affirmative steps to begin the process of construction to provide broadband,” or “has been designated funding through federal programs to support the deployment of broadband” in the targeted areas.

As such, it looks like the current version of the bill would allow incumbent ISPs  to block federal funding to competitors if...

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Posted April 14, 2022 by Sean Gonsalves

Although we were initially concerned that certain language in New York’s proposed state budget would lock out municipal broadband projects from being able to capitalize on the federal funding bonanza contained in the American Rescue Plan Act and forthcoming money in the Infrastructure Investment and Jobs Act, the bill that was ultimately signed into law by Gov. Kathy Hochul was amended and has some golden nuggets for municipal broadband.

The recently enacted $220 billion budget bill includes $1 billion for the state’s ConnectALL initiative, which Gov. Kathy Hochul’s office calls “the largest ever investment in New York's 21st century infrastructure (that) will leverage public and private investments to connect New Yorkers in rural and urban areas statewide to broadband and establish the first municipal broadband program of its kind in the nation.”

Cultivating a Municipal Broadband Ecosystem

In part MMM of the budget bill, it establishes a “municipal assistance program … to provide grant funding to municipalities, state and local authorities ... to plan and construct infrastructure necessary to provide broadband services.”

Municipal grant recipients, the bill says, will be required to build broadband infrastructure to “facilitate projects that, at a minimum, provide reliable Internet service with consistent speeds of at least 100 Megabits per second (Mbps) for download and at least 20 (Mbps) for upload.” That shouldn’t be a problem as most municipal broadband projects use fiber optics that can deliver far more than that. 

How much of the ConnectALL money will be allocated for the municipal grant fund has not yet been determined. But, community broadband advocates should not lose sight of the significance of the broadband ecosystem that is being cultivated in conjunction with other parts of the budget bill.

The budget bill also includes two provisions that will reduce the cost of building last mile networks. One repeals the fees associated with laying high-speed fiber cables along state highways, which...

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Posted April 6, 2022 by Sean Gonsalves

With an unprecedented amount of federal funds to build broadband networks flowing into individual states, lawmakers in some states are doing the bidding of the big monopoly Internet Service Providers and potentially blowing a once-in-a-generation chance to invest in the locally-accountable infrastructure that offers the best chance to bridge the broadband gap for millions of families once and for all.  

Two weeks ago we wrote about the anti-competition broadband legislation making its way through the State Legislatures in Illinois and New York as state lawmakers across the nation establish high-speed Internet grant programs.

That trend looks like it’s continuing in Michigan where Democratic Gov. Gretchen Whitmer and the state’s GOP-dominated Legislature recently reached a deal to pass a nearly $5 billion spending bill.

While the “Building Michigan Together Plan” is being “celebrated” by the governor’s office as a way to “grow the economy, create jobs, and benefit families in every region of the state,” the main supplemental spending bill, known as Senate Bill 565 (SB 565), may sink some hope community broadband advocates have for leveraging the windfall of federal funds the Great Lakes State is getting from the American Rescue Plan Act (ARPA) and the forthcoming funds in the Infrastructure Investment & Jobs Act (IIJA).

Protecting Incumbents from Competition

The legislation allocates nearly $251 million for a statewide broadband grant program to be overseen by the newly created Michigan High-Speed Internet Office (MIHI), a subdivision of the state’s Department of Labor and Economic Opportunity (LEO). But, buried in Section 359 of the bill, paragraph (3), it stipulates that Michigan's “infrastructure grants must only be allocated...

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Posted February 22, 2022 by Sean Gonsalves

Even as high-speed Internet access is widely considered a basic utility akin to electricity and clean water, there are still 17 states with preemption laws that either ban publicly-owned broadband networks or have barriers that make it all but impossible for municipalities to compete with monopoly Internet Service Providers. This, despite the major incumbents having received billions in taxpayer subsidies over the years and having failed to deliver universally reliable and affordable connectivity.

However, as it has become increasingly clear that the private market alone is not going to solve America’s connectivity crisis, last year two states (Arkansas and Washington) rolled back their preemption laws that were protecting monopoly incumbent providers from competition, allowing local and regional governmental entities to build the telecommunications infrastructure their residents need.

Now, one Nebraska lawmaker has recently filed a bill that, if passed, would significantly remove his state’s current barriers to municipal broadband. Nebraska State Sen. Justin Wayne of Omaha filed LB916 last week with the state legislature’s Transportation and Telecommunications Committee.

As it stands now, according to the Coalition for Local Internet Choice (CLIC), Nebraska “generally prohibits agencies or political subdivisions of the state, other than public power utilities, from providing wholesale or retail broadband, Internet, telecommunications or cable service. Public power utilities are permanently prohibited from providing such services on a retail basis, and they can sell or lease dark fiber on a wholesale basis only under severely limited conditions. For example, a public power utility cannot sell or lease dark fiber at rates lower than the rates incumbents are charging in the market in question.” 

Bill to Let Local Communities Decide on Broadband

As...

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Posted November 9, 2021 by Sean Gonsalves

This past Friday Congress finally passed the bipartisan Infrastructure Investment and Jobs Act. The legislation includes $65 billion to boost high-speed Internet connectivity – “the largest (federal) investment in broadband deployment ever,” as noted by Benton Institute for Broadband & Society. This is an historic piece of legislation that includes many of the things we wanted to see in it and we believe it will significantly help solve broadband challenges for many who have not yet been well connected. 

There are two major buckets of broadband money that will be made available to states and tribal governments: $42.5 billion for the deployment of infrastructure, which will be mostly aimed at rural communities, with the rest going toward digital inclusion efforts.

While we have not yet gone through the final version with a fine-toothed comb, the broadband portion of the infrastructure bill appears to be identical to what was in the bipartisan Senate version of the bill, which we previously wrote about here.

Rural America Biggest Beneficiary

The $42.5 billion portion of the bill will be allocated to the States in the form of block grants under the Broadband Equity, Access, and Deployment (BEAD) Program, which will be administered by the U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA).

The money targets “unserved” locations and in this bill “unserved” means communities that don’t have access to 25/3 Megabits per second (Mbps) service. As we previously noted about the Senate version of the bill, “there aren’t many places outside of the most rural regions of the country that do not have access to 25/3 broadband service. And considering that large...

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Posted October 19, 2021 by Sean Gonsalves

With American Rescue Plan funds flowing into state government coffers, about a third of the nation’s 50 states have announced what portion of their Rescue Plan dollars are being devoted to expanding access to high-speed Internet connectivity.

The federal legislation included $350 billion for states to spend on water, sewer, and broadband infrastructure, though everything we have seen suggests that the vast majority of that will not go to broadband. There is also another $10 billion pot of rescue plan funds, called the Capital Projects Fund, that mostly must be used to expand access to broadband.

Laboratories of Broadband-ification 

As expected, each state is taking their own approach. California is making a gigantic investment in middle-mile infrastructure and support for local Internet solutions while Maryland is making one of the biggest investments in municipal broadband of any other state in the nation. And although Colorado does not prioritize community-driven initiatives, state lawmakers there have earmarked $20 million for Colorado’s two federally-recognized Indian tribes to deploy broadband infrastructure with another $15 million devoted to boosting telehealth services in the state.     

Undoubtedly, individual states’ funding priorities vary. Some states may be relying on previously allocated federal investments to boost broadband initiatives and/or have been persuaded the private sector alone will suffice in solving its connectivity challenges. And in some states, such as Illinois, Minnesota, and Maine, lawmakers have prioritized using state funds to support broadband expansion efforts while other states may be waiting on the infrastructure bill now making its way through Congress before making major broadband funding decisions.

As of this writing, 17 states have earmarked a portion of their Rescue Plan money (totaling about $7.6 billion) to address the digital divide within their borders. Those states are Arizona, Arkansas, California, Colorado, Delaware, Hawaii, Indiana, Kentucky, Maine, Maryland, Montana, Missouri, Virginia, Tennessee, Vermont, Washington, and Wisconsin.

A handful of those states are making major investments to boost broadband with an emphasis on community-driven solutions where local governments, public entities, and non-profit organizations can...

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Posted October 5, 2021 by Maren Machles

On this week’s episode of the Community Broadband Bits Podcast, host Christopher Mitchell is joined by Angela Bennink (Telecommunications Director for Kitsap Public Utility District) and Laura Loe (Executive Director of Share The Cities Community Education & Share The Cities Action Fund) from Washington state. 

The group discusses the struggles Public Utility Districts (PUDs) have experienced over the last 20 years as a result of the state’s legislative restrictions. In 2000, the state legislature passed a law restricting PUDs from offering retail telecommunications services, despite the fact that they are a natural path toward getting fiber infrastructure to all Washingtonians. 

They recount the tumultuous road to repealing the restrictions and how PUDs and other community networks are working toward providing better competition and Internet access to the region.  

This show is 42 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed. You can listen to the interview on this page or visit the Community Broadband Bits page.

Read the transcript here

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes here or view all episodes in our index.

Subscribe to the Building Local Power podcast, also from the Institute for Local Self-Reliance, on ...

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Posted October 1, 2021 by Sean Gonsalves

Fiber-to-the-home service is on its way to three counties in Southeast Georgia. In July, the Midway-based Coastal Electric Cooperative and Darien Communications – a family owned telephone, cable TV, and Internet Service Provider – announced they were teaming up to build a $40 million fiber network. Once the initial network is up and running, 16,000 homes and businesses in the counties of Bryan, Liberty, and Long will have access to high-speed Internet service.

The partnership has given birth to a new co-op entity with Coastal Electric known as Coastal Fiber Inc., which will lease the infrastructure and begin offering retail broadband service as early as January 2022. Construction began this summer with phase one of the project slated to be rolled out over the next four years.

The new partnership will first target 9,800 homes in Bryan County, 6,200 in Liberty County, and 500 in Long County.

Phase 1 Focuses on Underserved County Residents

“The first phase goal is for customers in Liberty County to begin seeing availability in January 2022. The system will be built out in phases from that point with the total buildout by 2030. The service to Bryan and Long counties will be as we build out in phases. No dates for Bryan and Long have been determined yet,” Coastal Electric Communication Coordinator Bethany Akridge told the Savannah Morning News.

“The service in Bryan County, for example, depends on where you live. There is broadband available in the more populated areas because it is more profitable for companies,” Akridge said. “The reason the cooperative is involved is because there is a need, so we are stepping in to fill that need where those areas are not served or underserved.

...

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Posted September 28, 2021 by Jericho Casper

Update, 1/22/22: Common Sense Media has released an easy-to-read, comprehensive guide to federal broadband funding opportunities. Read it here.

In response to the Covid-19 pandemic, Congress and the Biden Administration passed two federal stimulus relief packages with historic levels of funding for programs devoted to advancing digital equity – the American Rescue Plan Act (ARPA) and the Consolidated Appropriations Act (CAA). 

In early August, legislators in the U.S. Senate passed the Infrastructure Investment and Jobs Act, a $1.2 trillion infrastructure package which continues many of the federal programs started by previous relief packages and includes $65 billion more for expanding high-speed Internet infrastructure and connectivity. Members of Congress returned from their summer break on September 20th and U.S. House Representatives are expected to vote on the infrastructure relief bill, which enjoys bipartisan support, on September 30th.

This guide consolidates the different funding opportunities made available through various relief packages to assist communities interested in accessing federal funds to expand broadband infrastructure and digital inclusion services. It updates ILSR’s Community Guide to Broadband Funding released in April of 2021, which describes programs established under ARPA and CAA in more detail, provides additional resources and answers FAQs.

Important upcoming deadlines are bolded throughout this guide. 

Infrastructure Investment and Jobs Act – Pending 

Though the legislation is pending in Congress, the version of the Infrastructure Investment and Jobs Act passed by the U.S. Senate in August of 2021 includes $65 billion for expanding Internet access and digital inclusion initiatives. The Senate bill takes a more holistic approach to addressing the digital divide than previous relief packages, as it includes...

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Posted August 11, 2021 by Sean Gonsalves

The bipartisan infrastructure bill, which includes $65 billion for expanding access to reliable, high-speed Internet service, passed in the U.S. Senate yesterday. The full text of the bill, posted on U.S. Sen. Krysten Sinema’s (D-Arizona) website, appears to be identical to the draft of the bill detailed here by the law firm Keller & Heckman.

For those of us who favor local Internet choice, the bill is a mixed bag filled with The Good, The Bad, and The Ugly. Let’s start with …

The Good

Of the $65 billion allocated in the bill, $42 billion of that is to fund the deployment of broadband networks in “unserved” and “underserved” parts of the country. The good part of that is the money will be sent to the states to be distributed as grants, which is better than handing it over to the FCC for another reverse auction. The FCC’s track record on reverse auctions is less than encouraging, and state governments are at least one step closer to local communities who have the best information on where broadband funding is needed.

In a nod to community broadband advocates and general common sense, the bill requires States to submit a “5-year action plan” as part of its initial proposal that “shall be informed by collaboration with local and regional entities.” It goes further in saying that those initial proposals should “describe the coordination with local governments, along with local and regional broadband planning processes,” in accordance with the NTIA’s “local coordination requirements.”

And the bill specifically says that when States award the grant money, they “may not exclude cooperatives, nonprofit organizations, public-private partnerships, private companies, public or private utilities, public utility districts, or local governments from eligibility for such grant funds.”

...

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