When state legislators in Tennessee recently passed the Broadband Accessibility Act of 2017, tech writers quoted our Christopher Mitchell, who pointed out that the proposal has some serious pitfalls.

Christopher's statement appeared in several articles:

"Tennessee taxpayers may subsidize AT&T to build DSL service to Chattanooga's [rural] neighbors rather than letting the Gig City [Chattanooga] expand its fiber at no cost to taxpayers. Tennessee will literally be paying AT&T to provide a service 1,000 times slower than what Chattanooga could provide without subsidies."

Motherboard

Motherboard noted that the Tennessee legislature had the opportunity to pass a bill, sponsored by Senator Janice Bowling, to grant municipal electric utilities the ability to expand and serve nearby communities. Nope. Legislators in Tennessee would rather pander to the incumbent providers that come through year after year with generous campaign contributions:

To be clear: EPB wanted to build out its gigabit fiber network to many of these same communities using money it has on hand or private loans at no cost to taxpayers. It would then charge individual residents for Internet service. Instead, Tennessee taxpayers will give $45 million in tax breaks and grants to giant companies just to get basic infrastructure built. They will then get the opportunity to pay these companies more money for worse Internet than they would have gotten under EPB's proposal.

The Motherboard reporter quoted Bowling from a prior article (because, like the movie "Groundhog Day," she keeps finding herself in the same situation year after year):

"What we have right now is not the free market, it's regulations protecting giant corporations, which is the exact definition of crony capitalism," she said.

TechDirt Gets Personal

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When Alabama State Sen. Tom Whatley from Auburn spoke with OANow in late March, he described his bill, SB 228, as a “go-to-war bill.” The bill would have allowed Opelika Power Services (OPS) to expand its Fiber-to-the-Home (FTTH) services to his community. On Wednesday, April 5th, his colleagues in the Senate Transportation and Energy Committee decided to end the conflict in favor of AT&T and its army of lobbyists.

The final vote, according to the committee legislative assistant, was 7 - 6 against the bill. She described the vote as bipartisan, although the roll call isn’t posted yet, so we have not been able to confirm.

According to Whatley:

“AT&T has hired 26 lobbyists to work against me on that bill. It really aggravates me because I have boiled one bill down to where it only allows Opelika to go into Lee County. It cuts out the other counties.”

Whatley has introduced several bills this session and in previous legislative sessions to allow OPS to expand beyond the state imposed barriers to offer services in Lee County. Alabama law doesn’t allow OPS, or any other municipal provider, to offer advanced telecommunications services outside city limits. SB 228 would allow Opelika and others (described as a “Class 6 municipalities”) to offer services throughout the counties in which they reside. A companion bill in the House, HB 375, is sitting in the House Commerce and Small Business Committee.

Rep. Joe Lovvorn, who introduced HB 375 agrees with Whatley:

“If it doesn't make sense for a large corporation to go there, that's OK that's their choice,” he said. “But they don't have the right to tell, in my opinion with my bill, the city of Opelika they can't serve them either.”

AT&T’s lobbyists aren’t the only big...

West Virginia rural communities struggle with access to broadband but a bill in the state legislature is taking some first steps to encourage better connectivity. HB 3093 passed the House with wide support (97 - 2) and has been sent on to the Senate for review. The bill doesn’t appropriate any funding for Internet infrastructure projects around the state, but adopts some policies that may help local communities obtain better connectivity.

Revenue Neutral And Popular

The state is facing a $500 million budget deficit and lawmakers don't have the appetite to appropriate finds for Internet infrastructure projects. As in most states, policy bills do well during times of financial strife. Elected officials still want to do what they can to encourage better broadband so, according to at least one lawmaker, the revenue neutral nature of the bill has contributed to its success in the legislature. Delegate Roger Henshaw, one of the bill's co-sponsors, told Metro News:

“Notice this is a revenue-neutral bill,” Hanshaw said. “That’s in fact one of the reasons we’re rolling it out now. We have other bills here in both the House and Senate that are not revenue-neutral bills that were on the table for consideration.

“But with the clock ticking on us, it became clear that we probably ought to be looking at options to advance service that didn’t even have the possibility of a financial impact. This bill does not.”

Check out the 3-minute interview with Hanshaw on Soundcloud.

The Broadband Enhancement Council

West Virginia’s Broadband Enhancement Council was created in a previous session and receives more authority and responsibility under HB 3093. They are tasked with the authority to, among other things, gather comparative data between actual and advertised speeds around the state, to advise and provide consultation services to project sponsors, and make the public know about facilities that offer community broadband access. 

HB 3093 briefly addresses the creation of the “Broadband Enhancement Fund," and addresses how the funds should be spent. For now, the fund remains dry...

New Hampshire has made strides in bringing better connectivity to unserved areas with projects like New Hampshire Fast Roads, but for years one factor has held them back: state law limitations on municipal bonding for Internet infrastructure. Once again, a proposal to change the law is in the state legislature.

SB 170 - It's Simple

SB 170 proposes to eliminate the one provision in New Hampshire law that has prevented municipalities from bonding for Internet infrastructure - the requirement that the infrastructure can only serve properties where there is no existing service. By blocking access to funding, the requirement has prevented projects that might bring service to whole communities when small pockets of service already exist in those communities.

The House companion bill, HB 191, passed the Science, Technology and Energy Committee but died when brought before the full House for a vote. The bipartisan vote against the bill was 193 - 168, emphasizing that the issue of connectivity is not related to political party.

SB 170 was heard in the Senate Public and Municipal Affairs Committee in early February and, even though a number of individuals and organizations from communities in effected towns spoke on its behalf, a motion was presented to kill the bill. We’re happy to report, however, that the motion failed and the bill was rereferred to the same committee. It’s been sitting there ever since. In other words, it’s still alive, but it may not be picked up again unless committee leadership feel motivated to do so.

Tell Them, "It's About MY Hometown"

This proposal has seen the inside of New Hampshire’s General Court several times since we first reported on state bonding bills back in 2011. The measure appears to have gained momentum and with more constituent support, this particular piece of progress could become law. It may or may not be too late for SB 170 this session, but remember that legislation often...