*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...

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.”

...

Update: HB 5670 was removed from the agenda prior to the committee hearing.

Representative Michele Hoitenga from Michigan is at it again. Last year as Chair of the House Communications and Technology Committee, she attempted to pass a bill to discourage her state’s self-reliant municipalities from improving local connectivity. Deja vu as her committee’s agenda for tomorrow, December 6th, picks up HB 5670, a bill sponsored by a different lawmakers and deceivingly titled the “Broadband Investment Act.”

View the language of the bill.

Money is Good, Who Gets it Matters

The bill, sponsored by Mary Whiteford (R - Laketown Township) establishes a fund that will provide grants for broadband infrastructure deployment; the fund will be created by the state treasury. The bill doesn’t specify a dollar amount, which likely would vary from year to year. Recognizing that the state needs to make a financial investment in rural Internet infrastructure deployment is certainly a step forward, but the details in HB 5670 will end up doing more harm than good for people living beyond urban centers.

Municipalities and other government entities are specifically denied eligibility for grants. Not only does the restriction prevent local communities the ability to offer Internet access to the general public, but without an equal opportunity at state funding for infrastructure, municipalities and counties can’t pursue a public-private model. In short, by locking out local governments from state funding, the bill is harming both local citizens and the local ISPs that tend to offer services via publicly owned infrastructure.

10/1 Isn’t Broadband!

Michigan’s State Legislators are considering a bill that uses the term “broadband” to describe minimum service as 10 Megabits per second (Mbps) download and 1 Mbps upload. The FCC increased the standard to 25 Mbps/3 Mbps back in 2015 and it remains today. HB 5670 will siphon money from the state treasury to Frontier, AT&T, and any other telco that refuses to invest in anything better than DSL in rural Michigan. Fail. Needs improvement.

The vague language of the bill would also thrust satellite and mobile Internet access into the “served” parameters...

Shortly after Republican FCC Commissioners repealed federal network neutrality protections late in 2017, state lawmakers began introducing legislation to protect their constituents. California’s AB 1999, introduced as one possible antidote to the FCC failure in judgment, passed the General Assembly on August 29th and is on its way to Governor Jerry Brown.

Read the final version of the bill and the Legislative Counsel Digest here.

Let the People Serve the People

As local communities have investigated ways to protect themselves from throttling, paid prioritization, and other activities no longer banned, they’ve looked at investing in publicly owned infrastructure. Rural communities where national Internet service providers are less motivated to deploy have always struggled to attract investment from the same large companies known to violate network neutrality tenets. Assembly Member Ed Chau’s AB 1999 addresses rural communities’ need for better connectivity, solutions that can preserve network neutrality, and challenges in funding broadband infrastructure.

California’s community service districts (CSDs) are independent local governments created by folks in unincorporated areas. CDSs provide services that would otherwise be provided by a municipality. Residents usually join together to form a CSD and do so to establish services such as water and wastewater management, garbage collection, fire protection, or similar services. A CSD also has the ability to create an enhanced infrastructure financing district (EIFD) in order to finance the development of a broadband network.

The EIFD statute granting the authority allows communities, including CSDs, to join together regional projects for a range of financing purposes. Tax Increment Financing (TIF) and various bonding mechanisms are a few examples.

The law currently on the books, which AB 1999 will change, requires CSDs to first determine that no private entity or person is willing to offer broadband in their sector before they are allowed to invest to do so. If they manage to get past the requirement but an entity or person enters the picture and is willing to provide those services, the...