Tag: "legislation"

Posted March 26, 2019 by lgonzalez

Two pieces of recently introduced legislation in North Carolina’s General Assembly show a potential to help grow broadband in rural areas. In the past, state lawmakers have kept publicly owned Internet networks tightly reined in to protect cable and telephone monopolies operating in the state, but the restrictions may be loosening as state leaders recognize the need for more options.

The FIBER NC Act

The long list and leadership positions of sponsors attached to H 431 indicate that the FIBER NC Act shows promise. It’s four primary sponsors include the Rules Committee Chair and a Finance Committee Chair, which also bodes well for the future of H 431. Our friends at the North Carolina League of Municipalities (NCLM) tell us that they expect a similar companion bill with equal muscle behind it to come from the Senate.

The FIBER Act would change existing barriers to allow municipalities and local government the authority to invest in publicly owned broadband infrastructure in order to work with private sector partners. The bill also includes procedures that local governments must follow if they decide to pursue a public-private partnership, including conducting a feasibility study, and proper notification and execution of meetings. Within the language of H 431, the authors include specific instructions for publication and advertisement that describe the opportunity to lease the infrastructure.

Bipartisan support of the bill and the fact that almost 50 House Members, in addition to the four sponsors, have signed on add to the optimism that H 431 has a bright future. Folks at NCLM have expressed strong support for the bill and are galvanizing constituents to encourage elected officials to move H 431 forward. 

It’s first stop is the Committee on Energy and Public Utilities. If it passes there, H 431 will move on to Finance and then to the Rules Committee.

Read the full language of H 431 and follow it’s progress.

Untying Cooperative Hands

seal-north-carolina.jpg When we published our 2016 report, ...

Read more
Posted March 19, 2019 by lgonzalez

Governor Jay Inslee started to promote his bill for better broadband earlier this year and, with any luck, Washington will have a solid foundation to expand broadband before the end of this year’s legislative session. SB 5511, a measure backed by the Governor, has sailed through the Senate, and has now appeared in the House. The bill establishes a State Broadband Office and earmarks funding for local broadband initiatives.

The bill is on the agenda for today's House Innovation, Technology & Economic Development Committee meeting at 10 a.m. PDT.

Difficult But Doable

In order to bring high-quality Internet access to all of Washington, millions and possibly billions of dollars of infrastructure investment are required. No one is certain how much completing the task will cost, and obtaining a better estimate will be one of the tasks of the State Broadband Office (SBO), which will be created by SB 5511. The bill allocates $1.2 million for the SBO.

Rural communities, economic development organizations, and tribes have all supported a measure to establish state investment in broadband infrastructure deployment across Washington. In January, Inslee met with leaders from communities across the state, including Colville Business Council member Susie Allen representing the Colville Tribes, to discuss the need for state funding:

“I have been working on broadband initiatives on our reservation for many years, but unfortunately, substantially, we still remain under-served and unserved, without broadband services,” said Allen. “The Colville Tribes have invested several millions of dollars to begin to meet this need, but we require assistance from the state and federal agencies to complete this work… The lack of broadband service creates not just an inconvenience, but poses real safety concerns throughout the reservation.”

The Colville Tribe has invested $6 million in order to connect the tribal government and under the terms of SB 5511, they would qualify to receive more funding in grants and low-interest loans.

The Tribe...

Read more
Posted March 7, 2019 by lgonzalez

Senator Janice Bowling has become a broadband hero in rural Tennessee and on the pages of MuniNetworks.org. Year after year, she introduces legislation aimed at expanding local authority to allow communities the ability to improve connectivity. She’s back this year with several bills aimed at expanding fiber in rural areas. 

Seeking Better Connectivity…That’s All

Like Bowling’s past legislation, related bills SB 489, SB 490, and SB 494 grant municipal electric utilities the authority “to provide telecommunications service, including broadband service” and specifies that they can do so beyond their electric service area. This change in the current law would allow places like her own community of Tullahoma to expand to serve neighboring towns. There is no fiscal impact from the Senator’s bills.

Bowling has seen firsthand how access to fiber optic infrastructure, such as Tullahoma’s LightTUBe, lifts economic development, improves educational opportunities, and helps a local community reduce costs. The city has thrived since investing in the network in 2009, while many of the communities that have had to rely on subpar service from the larger incumbents have limped along. 

SB 489 also extends authority for municipalities to collaboration for telecommunications and broadband service, to ease any uncertainty about public-private partnerships.

janice-bowling.jpg In her broadband bills, Senator Bowling defines “broadband” as 25 Megabits per second (Mbps) symmetrical, a move that illustrates the value of upload speeds in today’s economy. Rather than considering subscribers as consumers of Internet access, the Senator...

Read more
Posted March 4, 2019 by lgonzalez

In recent years, North Carolina has become a legislative broadband battleground in the war to regain local telecommunications authority. This legislative session, support from Governor Roy Cooper, outspoken State Legislators, and North Carolina media may make an impact on state law.

Let's Fix This

In 2015, the FCC preempted restrictive state laws which set dire limitations on municipal network expansions, but the state chose to back telecom monopolies over citizens’ need for better connectivity. The state took the FCC to court and won, which meant North Carolina’s laws won’t allow places such as Wilson to help neighbor Pinetops with high-quality Internet access. In addition to preventing local community networks from expanding, requirements and regulations are so onerous, that the state law is a de facto ban on new networks.

Lawmakers such as Republican Rep. David Lewis has put broadband development among the top of their priorities list. In a letter to constituents, Lewis wrote:

High-speed Internet access has transitioned from a luxury to a necessity of our 21st-century economy...It is needed for economic growth in North Carolina, yet many rural communities throughout the state do not have access to broadband services because of their under-developed infrastructure.

In order to get fiber out to people across the state, governments — federal, state, county and local — should be able to invest in fiber infrastructure, and in turn, lease them to the service providers who sell access to the consumer. We have to do something so that the people of this state can be connected to our ever-evolving world.

Cooper, a Democrat, presented broadband deployment in rural areas at the top of his agenda during the State of the State Address. According to a WRAL.com report, both Republican and Democrats strongly supported the proposal with intense applause. The positive bipartisan reaction to his comments reveals that policy makers from both sides of the aisle recognize the critical nature of high-quality Internet access for their constituents.

Last year, the state developed the Growing Rural Economies and Access to Technology (GREAT) Program, which made $10...

Read more
Posted March 1, 2019 by lgonzalez

In the past year, communities and cooperatives in Texas have been making gallant efforts to better connect local residents and businesses with high-quality Internet access. Now, they may get a little help from the State Legislature.

Helping Co-ops

Earlier in this session, Senator Robert Nichols introduced SB 14, a bill that will allow electric cooperatives that hold easements obtained for electric service infrastructure the ability to extend those easements to broadband infrastructure. The bill replicates the FIBRE Act, a 2017 Indiana bill that opened up possibilities for rural cooperatives in that state.

Nichols told KLTV that he has high hopes for his bill:

“I’m getting a lot of support because all of the other plans for broadband that have been proposed use subsidies,” said Nichols. “This one asks the state for nothing, it asks the federal government for nothing.”

He also told KLTV that the Governor’s office has expressed support for the proposal.

Read the text of the bill.

Similar to Indiana’s FIBRE Act, the extension of the easement applies to those that already exist. By enacting making the change, cooperatives that already have infrastructure in place will save time in deploying fiber optic networks because they won’t need to obtain a second set of easements from members who’ve already granted them for electricity infrastructure.

In addition to offering broadband to members sooner, cooperatives who are able to take advantage in the change in the law will also save financially. Personnel costs, filing, and administrative fees add up when a co-op must obtain multiple, sometimes dozens or hundreds, of legal easements. Occasionally, a property owner doesn’t consent to an easement right away. This change in the law will prevent hang-ups in deployment due to uncooperative property owners that can jeopardize a project.

Back Home Again in Indiana

Several Indian electric cooperatives have announced Fiber-to-the-Home (FTTH) deployments since the FIBRE Act took effect....

Read more
Posted February 27, 2019 by lgonzalez

Earlier this month, we learned about a Senate bill in the Arkansas State Legislature that, in it’s original form, would have rescinded state restrictions preventing many municipalities from improving local connectivity. After amendments, SB 150 lost most of its effectiveness, but the bill that became law this week is still a small step in the right direction for a state where the rate of broadband connectivity is some of the lowest in the country.

Beginning Promise

For years, Arkansas has been one of the states that doesn’t allow government entities from providing broadband services to the public. The ban specifically disallowed “directly or indirectly, basic local exchange, voice, data, broadband, video, or wireless telecommunication service.” There has always been an exception to the ban for communities that have their own electric or cable utilities and want to offer telecommunications services. No municipality may offer basic exchange service, interpreted as telephone service.

Only a few communities have taken advantage of the legal exception, such as Paragould, Clarksville, and Conway. In recent years, electric cooperatives are deploying in rural areas, but many of the state’s rural residents rely on DSL, fixed wireless, and satellite. In the few more populous communities, there may also be scattered cable connections available. 

seal-arkansas.png Even though large incumbent ISPs have collected federal grant funding in the past, deployment in Arkansas has been inadequate to connect all Arkansans. According to the FCC, connectivity to households is near the bottom of the list.

SB 150 is one of several bills introduced by the Republican Woman’s Legislative Caucus as part of their “Dream Big” initiative. Other bills in the initiative...

Read more
Posted February 11, 2019 by lgonzalez

*Update: After amending the bill significantly, SB 150 passed through the Arkansas Senate to the House. We were initially excited because the original version of the bill reinstated local authority to develop publicly owned broadband networks. The amendment adopted in Committee, however, changed the bill to only allow communities that apply for and receive grants and loans to invest in community networks and only to specific areas and at the speeds defined in those grants and loans. We still consider it a step in the right direction, but the move forward is miniscule. Read the amended bill here.*

 

This session, a new force in the Arkansas State Legislature — the Republican Women’s Legislative Caucus — has decided that they’ll take on the issue of poor connectivity. As part of their “Dream Big” initiative, they’ve introduced SB 150, a bill to restore local telecommunications authority.

"Dreaming Big" Means Bigger Broadband

The bill was introduced on January 23rd along with a suite of four other bills aimed at a variety of issues, including juvenile justice and education. Senator Breanne Davis of Russellville is the lead sponsor of SB 150, which would repeal restrictions preventing communities from developing broadband networks. Current law has an exception for communities that have a municipal electric utility but if SB 150 is adopted, any government entity will be able to offer high-quality connectivity.  

Legislators are focusing on opportunities for local communities to partner with private sector ISPs as a way to solve some of the poorest access to broadband in the country. They're also emphasizing that, if no partner wants to work with a government entity, this bill will allow a city, town, or county to invest on their own.

In a recent conversation with Talk Business & Politics, Davis described the impetus and goal of the bill: 

“About 40% of Arkansans don’t have access to broadband as defined by the FCC, so we decided to change that,” she said. “Our bill simply lifts the ban on cities and counties being able to either partner in a public-private partnership or go out on their own when no one will partner with them and apply...

Read more
Posted February 7, 2019 by lgonzalez

Big cable and telecom lobbyists managed to locate a legislative vehicle for the components of last December's bill to fund rural broadband, locking out some of the state's most promising opportunities to bring better connectivity to those who need it the most. There’s still time for Michiganders to express displeasure and the result and possibly influence change. You can file a public comment online through February 15th.

The Problems

When we reported on Michigan’s HB 5670 in December, it was set to appear before the House Communications and Technology Committee. Prior to the hearing, however, Chair Michele Hoitenga removed it from the agenda. Regular readers will remember Hoitenga, whose support from cable and telecom companies has inspired her to introduce anti-muni legislation in the past.

The bill, dubbed the “Broadband Investment Act,” established a fund to provide grants for infrastructure deployment, but specifically locked out municipalities and other government entities from eligibility. Consequentially, local ISPs that might want to provide services via publicly owned fiber were also stifled from projects because this provision essentially ended the possibility of public-private partnerships or any competition with large incumbents.

According to the language of HB 5670, “broadband” was defined as 10 Megabits per second (Mbps) download and 1 Mbps upload. While we have seen state broadband legislation from several years ago falling back upon this outdated definition of “broadband,” Michigan condemns rural residents to slow, unreliable, last-century technology. It indicates a thinly veiled attempt to hand over state funds to telecom companies with no interest in providing anything better than what they already offer in rural Michigan — DSL or satellite Internet access.

Language in the bill also goes to extreme lengths to ensure that funds will only go to projects that have not received funding from any other source. What will prevent many projects from ever receiving funds, unless those projects are being developed by big corporate incumbents, is the fact that funds can’t be awarded to projects in places where...

Read more
Posted January 11, 2019 by Hannah Bonestroo

While 97 percent of Georgia’s urban population has access to broadband, the urban-rural digital divide in the state remains stark and only 70.9 percent of the rural population has that access. Considering estimates are based on self-reported data from incumbent providers and determined broadly by census block, the data overstates the reality on the ground. Representative Doug Collins from Georgia’s 9th congressional district is now leading the charge to mitigate this disparity, not only in his home state but in rural regions throughout the country. In a recent “Dear Colleague” letter, the top Republican on the House Judiciary Committee stated his intentions of introducing the CAF (Connect America Fund) Accountability Act at the start of the 116th Congress. Collin, a Republican representing Georgia's 9th District, introduced H.R. 427 on January 10th. If passed, the bill will create stricter requirements for the Federal Communications Commission (FCC)’s broadband infrastructure funding under CAF.

Reaching for Accountability

CAF was designed to subsidize network deployments in unserved rural areas, which have often been overlooked due to the high expense of constructing infrastructure for few and scattered populations. While many providers that have received this funding have used it properly, as Collins stated, “others have taken taxpayer dollars but failed to fulfill their obligations to their consumers… instead using taxpayer dollars ineffectively or inappropriately – turning their backs on those families at the last mile.”

Currently, CAF recipients are required to provide speeds of at least 10 Mbps download and 1 Mbps upload. While this threshold is well below the current FCC definition of “broadband” service of at least 25 Mbps/3 Mbps, Collins noted that in his home district of Northeast Georgia, a region where a majority of ISPs are CAF recipients, consumers report speeds that are “consistently abysmal, sometimes not even reaching 3 Mbps downstream and 1 Mbps.”

...

Read more
Posted December 26, 2018 by lgonzalez

We left our crystal ball, tarot cards, and astrology charts at home, but that won’t stop us from trying to predict what will happen in 2019 for this week’s annual predictions podcast. Each year, we reflect on the important events related to publicly owned broadband networks and local connectivity that occurred during the year and share our impressions for what we expect to see in the next twelve months. As usual, the discussion is spirited and revealing.

This year we saw the departures of Research Associate Hannah Trostle and Communications Manager Nick Stumo-Langer as both decided to head off to grad school. This year, you’ll hear our new Communications Specialist Jess Del Fiacco and Research Associate Katie Kienbaum keeping those seats warm. Hannah and Nick take time out of their schedules to offer some predictions of their own at the end of the show.

In addition to recaps of last year's predictions for state legislation, cooperative efforts, and preemption, we get into our expectations for what we expect to see from large, national incumbent ISPs, local private and member owned providers, and governments. We discuss federal funding, local organizing efforts and issues that drive them, concentration of power, our predictions for digital equity, efforts in big cities, open access, rural initiatives, and more. This podcast is packed with good stuff!

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

This show is 45 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...

Read more

Pages

Subscribe to legislation