Two recent victories in digital equity work out of California give cause for celebration this week. AB 2748 Telecommunications: Digital Equity in Video Franchising Act and AB 2751 Affordable Internet and Net Equality Act both passed the Communications and Conveyance Committees this week; the former by a margin of 10-3 and the latter 7-3.

Sponsored by Assemblyman Chris Holden, AB 2748 would have a range of impacts if passed, including  giving the state CPUC and local governments more power in negoitating with providers to ensure that there is no discimination based on neighborhood household income that leads to inequitable access to service. It also revises franchise fee agreements at the local level. Read the full bill analysis for more.

From the press release:

"Although DIVCA originally intended to address inequitable broadband access, it remains pronounced across California cities," says Shayna Englin, Director of the California Community Foundation Digital Equity Initiative. "AB 2748 modernizes DIVCA by establishing equal access requirements as policy, and makes them enforceable through a reasonable application process for franchise renewals. We are pleased to co-sponsor Assemblymember Holden's bill, as the legislation will bring us one step closer to ensuring every Californian has access to fast, reliable, and affordable Internet [access]."

AB 2751 would create a Net Equality Program which would require that most state agencies only do business with Internet Service Providers (ISPs) that have a low-income plan offering of $40/month for 25/3 Megabits per second (Mbps). Read the full bill analysis for more.

Public testimony for AB 2751 highlighted the significant disparity in service speeds and prices that disadvantage low-income Californians by the state's two monopoly providers: Charter Spectrum and AT&T:

AB2751 is a modest but vital step toward leveraging the state’s massive...

Bar Harbor, Maine (pop. 5,500) has been trying to get a municipal fiber network off (and into) the ground for more than half a decade. If local officials throw weight behind the most recent move, we may see momentum continue to build for faster, more reliable, affordable, and universally available Internet access for government use, commercial development, and maybe, down the road, residents as well. 

We last checked in with the town in 2016, when its franchise agreement with Charter had expired and negotiations for a new agreement had stalled. At the time, Bar Harbor was considering a $100,000 engineering study to flesh out the possibility of a municipal Fiber-to-the-Home (FTTH) network or a $50,000 study to do so for a government-only network, but at the last minute the town’s Warrant Committee and Council decided not to move ahead on either at the last minute. Since then, the situation has remained more or less in stasis.

But with recent changes, Charter has signaled that it will begin to charge Bar Harbor $45,000 a year for access via – a ten-fold increase over the $4,500/year the town currently pays. With the company refusing to negotiate, on December 15 the Town Council, at the recommendation of the Communication and Technologies Committee (CTC), voted unanimously to place a $750,000 proposal to build their own institutional network onto the 2022 budget draft review. The general public will have the chance to vote on the measure in June.

Locally Owned Infrastructure at a Fraction of the Price 

A 2019 Casco Bay Advisors engineering plan offers some additional details in the potential network. It would run for 19 miles, both aerially and underground, to connect initially nine but up to as many as 25 government buildings (including town offices, public safety locations, water and waste water stations, public works, etc.), three schools, a library, and other sites like the town’s highway garage. Because of the surrounding topography, wireless doesn't work well on the island (Acadia National Park and Cadillac Mountain both disrupt lines of sight). A wireline connection would be miles ahead of what they currently have. Included in the roughly $750,000 build is slightly less than $270,000 in...

Ever since the FCC reversed network neutrality protections, an increasing number of local communities have started to wonder about the advantages of publicly owned Internet infrastructure, including conduit. At the Institute for Local Self-Reliance, we’ve received an uptick in requests for information from elected officials, community business leaders, and local citizens.

When folks are similarly curious about public-private partnerships, they wonder about whether or not a municipality or other form of local government can require a private sector partner ISP to adhere by the tenets of network neutrality. An agreement between public and private sector partners to bring better connectivity to a city or region is a contract between the involved parties; the FCC’s decision won't interfere.

Looking At Lincoln

Lincoln, Nebraska, has fine-tuned the art of working with private sector partners interested in using their publicly owned conduit for privately owned fiber. The city invested in an extensive conduit system back in 2012 to create an environment that would welcome private sector providers. Nelnet’s ALLO Communications uses the conduit to offer Fiber-to-the-Home (FTTH) in Lincoln. 

The city uses a Broadband Franchise agreement to allow ISPs non-exclusive use of their publicly owned conduit. In Section 4: Service Characteristics, Lincoln requires any private sector ISP that wishes to use their conduit to adhere by network neutrality rules, which they clearly spell out. You’ll notice that the city also imposes a “no data caps” rule:

Section 4: Service Characteristics. 

A. The System shall, at a minimum, provide the following capabilities and characteristics: 

1.Net Neutrality: In the provision of Broadband Service, Franchisee shall comply with the Open Internet regulations. 


2.No Blocking: Franchisee shall not block lawful content, applications, services, or non-harmful devices; and 


3.No Throttling: Franchisee shall not impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or the use of non-harmful devices; and 


4.No Paid Prioritization: Franchisee shall not engage in paid prioritization, where paid prioritization means the management of the System to...

This is the transcript for Episode 281 of the Community Broadband Bits podcast. Will Rinehart of the American Action Forum in Washington D.C. discusses telecommunications and economics with our host Christopher Mitchell. Listen to this episode here.

Will Rinehart: And I do think that obviously good policy is very very important and that's where you and I agree a lot. You know there's obviously some good policies that can be enacted. There's probably better conversations that could be had in this space and that's also something else that I really do really want to see. You're

Lisa Gonzalez: listening to episode 281 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzales as a research organization. We here at the institute make it a habit to hear all sides of the debate along the way we make connections with people who offer perspectives on policy that differ from ours. We consider these conversations critical as we analyze factors that help us create policy recommendations and resources for local communities. This week Christopher talks with Will Rinehart from the American Action Forum. They got together at the recent broadband community's economic development conference in Atlanta. In this conversation you'll hear the two discuss a variety of topics they talk about the area of telecommunications and economics and the forum's approach. You'll also hear that these different perspectives aren't as black and white as they first appear. Now here's Christopher with Will Rinehart from the American Action Forum.

Christopher Mitchell: Welcome to another edition of the community broadband bits podcasts. I'm Chris Mitchell with the Institute for Local Self-Reliance. Coming to you from Atlanta sitting practically on a runway at the Atlanta airport with Will Rinehart the Director of Technology and Innovation Policy with the American Action Forum. Welcome to the show. Thanks Chris. Thanks for having me. We're at the broadband community's event here. We just had our second panel which is called a blue ribbon panel and general session kind of thing. And you and I are typically brought on as people who have very opposing points of view.

Will Rinehart: [laughs] To...