HB 13, a law moving through the Ohio state legislature, creates the state’s first-ever residential broadband expansion program in order to address an access gap faced by hundreds of thousands of households across the state. Unfortunately, it bars municipally owned networks and electric cooperatives from participating in the $20 million pot of funds aimed at extending Internet access to areas with significant connectivity challenges. 

How It Would Work

The bill — titled “Establish Residential Broadband Expansion Program” — passed the Ohio House of Representatives on June 11 of this year, and takes aim at addressing last-mile connections and bringing more Ohioans online. If passed, it would create a $20 million fund and effect regulatory changes to provide subsidies for private entities in the state to extend their networks and connect more people. 

HB 13 establishes a number of conditions that have to be cleared for projects to be eligible. First, areas included can’t already include projects that have gotten money from the federal programs like Connect America Fund or the FCC's upcoming Rural Digital Opportunity Fund taking place this fall. 

Second, the bill establishes a score mechanism that privileges areas that are unserved and underserved. Projects addressing unserved areas top the list: it defines the latter as lacking access to download speeds of 10 Megabits per second (Mbps) and upload speeds of 1 Mbps. The bill then favors “Tier 2” projects (which provide a minimum of 25/3 Mbps service) to either unserved areas or to “Tier 1” areas (those where download speeds come in between 10 Mbps and 25 Mbps and upload speeds are between 1 Mbps and 3 Mbps). 

Finally, HB 13 provides extra consideration for projects aimed at “distressed areas,” projects that can demonstrate in-kind or other financial contributions that have already been approved, those that utilized public Rights-of-Way, and those that demonstrate advantages in terms of the speed of the buildout or future scalability.

Problem Provisions and Vague Definitions

Bill co-sponsor Rick Carfagna, who worked as Government Relations Manager for Time Warner Cable for 14 years,...

Granite Staters with poor Internet access in rural areas should soon realize the benefit of HB 1111, which just passed the state legislature and was signed into law by the governor. The measure provides for the establishment of communications districts to pursue Internet infrastructure projects in New Hampshire. In addition, the law makes it easier for municipalities to determine which areas under their purview are unserved in order to target broadband expansion efforts and expand access to all. 

Removing Barriers, Providing New Tools 

Two years ago SB 170 passed the legislature, allowing communities in the state to bond to develop publicly owned Internet infrastructure for the first time. The bill, however, made such moves contingent upon proving that the proposed areas were “unserved” by a connection of 25/3 megabits per second (Mbps). To do so local governments were required to issue an RFI to the existing Internet Service Provider (ISP). At the time we anticipated trouble with existing providers who had a history of claiming service to large areas when the reality was that many were unserved, and it turns out that worry was well-founded: communities reported that ISPs were ignoring requests for information, making it difficult for them to make progress. 

HB 1111 changes that. If an RFI to a provider goes unanswered for 60 days, it is assumed the latter is unable to deliver broadband. Municipalities can then come together and form communications districts which have the authority to use general obligation bonds to fund an overbuild of the area and seek out public-private partnerships to provide new service.

“Access to consistent broadband and high-speed internet was a problem long before this crisis and the remote learning, work, and health care environment has only exacerbated those inequities,” State Senator Jay Kahn told news outlets. “As we prepare for the possibility of a second wave, we must take steps that efficiently use public funds to leverage private investment to deliver high-...

Maine’s High-Speed Internet Infrastructure Bond Issue, which we first wrote about a month ago, has passed. 76% of voters said yes to Maine Question 1, which authorizes the issuance of $15 million in general obligation bonds to fund projects which will expand broadband access for residents in underserved and unserved areas. Underserved areas are those where less than 20% of the households have speeds of 25 Megabits per second (Mbps) download and 3 Mbps upload. Unserved areas are those where broadband service isn’t offered by provider. The northern and eastern parts of the state suffer from particularly poor connectivity options. The money will join $30 million in additional federal, local, and private money, for a total of $45 million to be invested in the near future.

Where We Go From Here

The ConnectME Authority will administer the grants. It’s a significant injection of funds for the broadband authority, which has given out slightly more than a million dollars a year over the last ten years to build mostly last-mile connections and bridge the broadband gap. Passing the measure makes Maine the first state to bond to fund broadband projects, serving as an example to other states looking for avenues to do the same. 

As it stands, somewhere around 83,000 households lack access, though this doesn’t include those families who can’t afford to subscribe. The impact of this digital divide has become even more starkly outlined over the last six months, and since the future of telework relies on affordable, reliable, high-speed connections, states that don’t commit resources to the problem will fall further behind. 

A Concerted Effort

As we wrote about in June, the measure was supported by a host of advocacy groups, business interests, and individuals. More than three dozen public and private groups signed on to support the Vote Yes on 1 for Better...

In an attempt to hasten broadband expansion in response to the ongoing Covid-19 pandemic, politicians in both the U.S. Senate and House of Representatives have now introduced the Rural Broadband Acceleration Act. The bipartisan legislation — introduced in the House in late May and in the Senate just last week — would direct the federal government to speed up the disbursement of $20.4 billion in funding for rural broadband access, in order to connect communities that have been further isolated by the public health crisis.

We wrote previously about a push from electric cooperatives, led by consultant Conexon, calling for expedited rural broadband funds. Having quicker access to the planned subsidies, they argued, would allow the co-ops to connect the unserved rural Americans who are desperately in need of better connectivity to work remotely, attend online school, and participate in telehealth appointments during the pandemic.

Beyond electric cooperatives, the current legislation also has support from advocates and businesses that promote high-quality, often fiber-based broadband networks, but some have raised concerns that the funding process would be reliant on inaccurate federal broadband data.

A Bill in Two Acts

In the U.S. House, Majority Whip James Clyburn of South Carolina and Representative Fred Upton of Michigan introduced the Rural Broadband Acceleration Act, HR 7022, back in May. The two legislators have since been joined by a bipartisan group of more than 30 cosponsors.

Last week, a similarly bipartisan set of senators introduced a version of the legislation, SR 4201, in their chamber as well. The cosponsors in the Senate are Senators Rob Portman and Sherrod Brown of Ohio, Mike Braun of Indiana, Michael Bennet of Colorado, and Doug Jones of Alabama.

The proposed bills direct the Federal Communications Commission (FCC) to more quickly hand out monies from the upcoming Rural Digital Opportunity Fund (RDOF)...