On February 13th, the Virginia Senate Labor and Commerce Committee held a hearing on HB 2108, previously called the "Virginia Broadband Deployment Act" and now named the "Virginia Wireless Services Authority Act." Delegate Kathy Byron offered an amendment to the bill, it was accepted, and the bill passed. It is now headed for the full Senate where it may or may not be put on the calendar for a vote.

FOIA Language Removed

The bill came to the Senate after a revised version of the original bill passed in the House 72 - 24. The committee amendment removed a FOIA Exemption, which was the last piece of language remaining that local groups strongly opposed. In a press release, President and CEO of Roanoke Valley Broadband Authority said:

“With the removal the FOIA Exemption clause this afternoon, HB 2108 no longer poses a threat to local and municipal broadband authorities. Instead it merely reasserts the very same laws and procedures in the Code of Virginia to which we all already operate and gladly adhere and abide,”

Moving Ahead With Caution

With the exception of the Committee Chair, Sen. Frank Wagner, the vote to pass as amended was unanimous; there was one abstention. Wagner, who is running for Governor, announced his opposition to the original bill at a press conference in January. While advocates of publicly owned Internet infrastructure remain cautiously optimistic, it’s important to remember that the process is not over. The bill could still be amended in a manner that impedes local investment in better connectivity.

Working Despite State Obstruction

Even though State Legislators introduce bills that discourage better rural connectivity, local Virginia communities are doing their best to serve themselves. They realize that waiting is too risky and that the longer they have horrible connectivity, the farther behind they fall.

We reported earlier in the legislative session that we knew of ten communities...

Virginia publication, Bacon’s Rebellion, recently published an opinion piece written by Christopher on HB 2108, a bill introduced by Del. Kathy Byron. If passed, the bill will make it even more difficult for local communities to take control of their own connectivity. We’ve reproduced the op-ed here:

Virginia Is for Lovers, Not Lobbyists

Pop quiz: Should the state create or remove barriers to broadband investment in rural Virginia? Trick question. The answer depends very much on who you are – an incumbent telephone company or someone living every day with poor connectivity.

If you happen to be a big telephone company like CenturyLink or Frontier, you have already taken action. You wrote a bill to effectively prevent competition, laundered it through the state telephone lobbying trade organization, and had it sponsored by Del. Byron, R-Forest, in the General Assembly. That was after securing tens of millions of dollars from the federal government to offer an Internet service so slow it isn’t even considered broadband anymore. Government is working pretty well for you.

If you are a business or resident in the year 2017 without high quality Internet access, you should be banging someone’s door down – maybe an elected official, telephone/electric co-op, or your neighbor to organize a solution. You need more investment, not more barriers. Government isn’t working quite as well for you.

Rural Virginia is not alone. Small towns and farming communities across America are recognizing that they have to take action. The big cable and telephone companies are not going to build the networks rural America needs to retain and attract businesses. The federal government was essential in bringing electricity and basic phone service to everyone. But when it came to broadband, the big telephone companies had a plan to obstruct and prevent and plenty of influence in D.C.

When the Federal Communications Commission set up the Connect America Fund, they began giving billions of dollars to the big telephone companies in return for practically nothing. By 2020, these companies have to deliver a connection doesn’t even qualify as broadband. CenturyLink advertises 1000/1000 Mbps in many urban areas but gets big subsidies to deliver 10/1 Mbps in rural areas. Rural America has been sold out.

If you are a big cable or telephone company, you have a lot of influence in the federal and state capitals. But at the...

In Missouri, the Senate Local Government and Elections Committee has quietly held on to Sen. Ed Emery’s SB 186. The legislation is another bill handed off from big corporate providers and designed to squash municipal networks. If it looks familiar, it should - it’s identical to last year’s HB 2078, that made a dramatic run through the legislature only to be withdrawn at the last moment. SB 186 will have its first hearing on Tuesday, February 14th, at 10:00 a.m.

Enough Already

As with HB 2078, this bill expands already existing laws that discourage local investment and impinge on local telecommunications authority. Missouri’s rural areas already have difficulties obtaining high-quality Internet access and some rural areas have no access at all. SB 186 prevents local communities from using their own infrastructure to partner with private providers. Large corporate incumbents, fearing public private partnerships, want to ensure that they can protect their practical monopolies from both municipal networks and new entrants.

In late January, the Coalition for Local Internet Choice (CLIC) organized a number of associations, advocacy groups, and private telecommunications companies who wanted to speak out against SB 186. They submitted a letter of opposition to the Chair and Members of the committee. The signatories described the bill as:

“…[H]arming both the public and private sectors, stifling economic growth, preventing the creation or retention of jobs around the State, particularly in rural areas, hampering work-force development, and diminishing the quality of life in Missouri.”

Call To Kill

To stop the bill before it gains momentum in the Missouri General Assembly, the best tactic is to kill it in committee. You can contact the members of the Senate Local Government and Elections Committee and tell them they should not advance the bill. Because SB 186 is now in a committee that examines the powers of local government, point out that improving...

The Friends of Municipal Broadband and Frank Smith of the Roanoke Valley Broadband Authority sent out a request this morning to Virginians who are concerned about improving connectivity:

Virginia Municipal Broadband Stakeholders

Good Morning,

Quick but urgent request: Please call as many VA House Delegates as you can this morning before today’s session starts at 11am. Let them know you STILL OPPOSE HB 2108!

A defense of our position is attached for reference. 

Bill Status: 

Last week HB 2108 passed the Labor and Commerce Committee last Thursday and will have its first full reading on the floor of the House this morning. The full House vote is scheduled for tomorrow. If the bill passes the House vote tomorrow it will Crossover to the Senate on Wednesday.

Things are moving fast and we really need your help to protect our local broadband authorities and the future growth potential of Virginia’s economy. Please start making calls and ask your staff and administration to do the same.

The more voices the representatives hear from the more seriously they’ll take this issue.

Thanks again for all you’ve done to get us this far.

The bill had its first reading on Friday and is being fast tracked.

The handout is available here.