Tag: "right-of-way"

Posted July 19, 2019 by lgonzalez

When utilities, including broadband providers, need to cross railroad rights-of-way to serve customers, some railroad operators have been known to press their advantage. Several states have addressed utility complaints by establishing standardized rates and setting up processes to create a more reasonable and predictable system. Eliminating this obstacle to deployment is another step in bringing broadband to the communities that need it the most.

Party Concerns

Often railroads obtained title to real property during 19th century acquisitions as the infrastructure was being built. They want to preserve as much of their authority and title rights as possible and to ensure that they can receive the maximum value for their interest in the land.

For utilities, cost of deployment is a primary concern. When railroads demand unreasonable fees at crossings or drag out negotiations as a delay tactic, they also impinge on a utility’s ability to meet operational deadlines. Safety and engineering integrity can be negatively impacted by difficult negotiations, unreasonable demands, or exorbitant costs.

Different States, Different Stories

Few states have addressed the problem with statutes establishing standard utility fees for railroad right-of-way crossings. David L. Thomas, Managing Member of the strategic utility planning firm Eagle 1 Resources (E1R) has worked with telecommunications companies and other utilities to negotiate railroad crossing arrangements. He's seen that standard crossing fees set down in statute benefit deployment by ending delay and reducing costs and would like to see the trend pass to every state.

seal-wisconsin.png In South Dakota and Iowa, the fee had been established at $750. Wisconsin allows railroads to charge $500 [PDF see page 12] and state law in Illinois, where railroads have a strong presence in metro areas,...

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Posted June 25, 2019 by Katie Kienbaum

Matt Rantanen, director of technology at the Southern California Tribal Chairmen’s Association and director of the Tribal Digital Village Network, has been working for years to get tribal communities connected to broadband. In his conversation with Christopher, he talks about his experience with creative wireless solutions, the potential of the Educational Broadband Service (EBS) to get folks connected, and shifting attitudes around the importance of broadband.

“We’re trying to help solve that rural connectivity problem. America’s got a lot of talented people that live outside the city centers, and they just don’t have access to the resources that they need — and a lot of those people are on reservations. So it’s really important to get those people connected.”

Matt’s newest venture, Arcadian InfraCom, is creating new, diverse fiber paths thanks to innovative partnerships with tribal communities. Phase 1 of their plan, scheduled to be completed in 2022, will connect Salt Lake City to Phoenix and Phoenix to Denver, with add/drop locations within the Navajo Nation and throughout Utah, Colorado, and Arizona.

We talked to Matt previously on Community Broadband Bits episode 76 and on an episode of our Community Connections series. Check out our other stories on tribal lands connectivity here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 34 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed. You can listen to the interview on this page or visit the Community Broadband Bits page.

Read the transcript for this episode....

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Posted May 29, 2019 by Katie Kienbaum

At a May 6 City Commission meeting in Decatur, Georgia, city leaders approved a project budget of $2.35 million to build a municipal I-Net and award the construction contract to Georgia-based Network Cabling Infrastructures, Inc. The decision came amid demands from cable giant Comcast that the community of about 24,000 immediately begin paying exorbitant fees for infrastructure the city has used under a past local franchise agreement. The case of sour grapes was resolved, but it once again reveals how the large corporate monopolies don't hesitate to flex their muscles when things don't go their way.

Conflict Over I-Net

The infrastructure at the center of the dispute dates back to the late 1990s to a franchise agreement Decatur made with MediaOne, which Comcast has since acquired. As part of the deal, MediaOne agreed to connect city facilities with a fiber network, and the city permitted the cable company to recover some construction costs through a 25 cent charge on subscribers’ monthly bills, up to a total cap of $200,000. MediaOne finished building the I-Net in 2000. Since then, Decatur has used the infrastructure without paying fees to MediaOne or Comcast for critical city operations.

Last year after working with a consultant, Decatur decided to replace the aging I-Net with a new, city owned fiber network and began to search for a contractor to build it. Comcast was one of several companies that responded to a Request for Qualifications (RFQ) issued by Decatur in October, but it did not meet the requirements established by the city.

logo-comcast.png Less than one month after Decatur notified Comcast that it was not selected, the company told former City Manager Peggy Merriss that it planned to retire the I-Net right away, unless the city paid for its use. A few months later, Comcast reiterated its intentions to current City Manager Arnold, explaining that the company had acquired a state franchise to replace the local franchise agreement that ended in 2009. According to Arnold, Comcast decided to charge the city approximately $370,000 annually for use of the current I-Net until the new one is built.

At the Decatur City Commission meeting on April...

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Posted March 11, 2019 by Katie Kienbaum

Lincoln, Nebraska, home of the University of Nebraska Cornhuskers, will soon boast another fan favorite — a citywide fiber network that will make gigabit speeds available to all residents and businesses.

The City of Lincoln and ALLO Communications, a Nebraska-based Internet service provider (ISP), are approaching the end of the deployment phase of their partnership aimed at building fiber out to every home and business in the city of about 285,000. To expand the fiber network, ALLO has leased access to Lincoln’s extensive conduit system, which hastened the buildout and lowered costs. With only minor construction remaining, all of Lincoln will soon have access to fast, affordable, reliable gigabit connectivity.

In November, ALLO’s President Brad Moline announced that the company would be “substantially done with boring and conduit placement” by the end of 2018. After that step, which is considered the most intrusive of the construction process, ALLO stated that they still needed to connect approximately 3,000 - 4,000 homes to fiber.

City Owned Conduit Leads the Way

Lincoln began its conduit project in earnest in 2012, taking advantage of downtown redevelopment to deploy conduit along public Rights-of-Way. As of 2016, the city had spent approximately $1.2 million building and maintaining the 300-mile-long conduit network.

To bring better connectivity to Lincoln residents and businesses, the city leases access to the conduit system to private ISPs to deploy fiber networks. In return for access to the conduit, private companies pay fees and abide by the city’s Broadband Franchise ordinance, which stipulates that providers follow...

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Posted March 1, 2019 by lgonzalez

In the past year, communities and cooperatives in Texas have been making gallant efforts to better connect local residents and businesses with high-quality Internet access. Now, they may get a little help from the State Legislature.

Helping Co-ops

Earlier in this session, Senator Robert Nichols introduced SB 14, a bill that will allow electric cooperatives that hold easements obtained for electric service infrastructure the ability to extend those easements to broadband infrastructure. The bill replicates the FIBRE Act, a 2017 Indiana bill that opened up possibilities for rural cooperatives in that state.

Nichols told KLTV that he has high hopes for his bill:

“I’m getting a lot of support because all of the other plans for broadband that have been proposed use subsidies,” said Nichols. “This one asks the state for nothing, it asks the federal government for nothing.”

He also told KLTV that the Governor’s office has expressed support for the proposal.

Read the text of the bill.

Similar to Indiana’s FIBRE Act, the extension of the easement applies to those that already exist. By enacting making the change, cooperatives that already have infrastructure in place will save time in deploying fiber optic networks because they won’t need to obtain a second set of easements from members who’ve already granted them for electricity infrastructure.

In addition to offering broadband to members sooner, cooperatives who are able to take advantage in the change in the law will also save financially. Personnel costs, filing, and administrative fees add up when a co-op must obtain multiple, sometimes dozens or hundreds, of legal easements. Occasionally, a property owner doesn’t consent to an easement right away. This change in the law will prevent hang-ups in deployment due to uncooperative property owners that can jeopardize a project.

Back Home Again in Indiana

Several Indian electric cooperatives have announced Fiber-to-the-Home (FTTH) deployments since the FIBRE Act took effect....

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Posted September 27, 2018 by lgonzalez

On September 26th, Republican FCC Commissioners adopted an Order that usurps local control and, in keeping with this administration’s prior policy decisions, strengthens the power of the largest companies, obtaining nothing in return.

Bad Reasoning

At issue are local governments’ ability to determine the amount of fees to charge mobile carriers that want to place 5G equipment in rights-of-way. In addition to establishing fees, the Order sets strict timelines in which cities and towns must respond to carrier applications. The FCC decision eliminates local communities’ ability to negotiate in order to protect their own rights-of-way and the poles, traffic lights, and other potential structures in them.

To back up their decision to adopt the new policy, the Republican controlled FCC relied on the incorrect claims that application and attachment fees in larger communities are so excessive that they create a burden which prevents carriers from investing in rural communities. Former FCC Chief of Staff and one of the architects of the 2010 National Broadband Plan Blair Levin echoed the thoughts of policy analysts and thought leaders in telecommunications:

"[E]ven if one accepts the FCC claim about the $2.5 billion—which is highly questionable—that amount is about one percent of what the FCC and industry claim is the necessary new investment needed for next-generation network deployments and, therefore, is not likely to have a significant impact," he wrote.

The FCC does not require mobile carriers to commit to expanded coverage in smaller communities within the Order. Next Century Cities describes the situation in a press release:

These low fees would create a de facto public subsidization of industry investment. … The FCC is just giving private wireless companies all of the benefits of a utility without any traditional public interest obligations.

FCC Commissioner Jessica Rosenworcel, who has continued to oppose the Order, described the giveaway:

"Comb through...

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Posted June 28, 2018 by lgonzalez

In May, Connecticut’s Public Utility Regulatory Agency (PURA) struck a blow at local authority when the ruled that communities could not use their protected utility pole space for municipal fiber deployment. Big cable and telephone companies cheered, broadband advocates and communities that need better connectivity decided to take action. Now, PURA faces lawsuits that challenge the decision from the Office of Consumer Counsel (OCC), the Connecticut Conference of Municipalities (CCM), and at least three local communities that just want high-quality Internet access.

Long Wait

The focus of the controversy is Connecticut’s Municipal Gain Space Law, which was first established in the early 1900s to guarantee municipalities the ability to hang telegraph wires. The municipal gain space is a location on all utility poles — publicly or privately owned — situated in the public right-of-way. After multiple law suits over the years in which cities and the state typically won, Connecticut’s legislature finally amended the language of the law to allow government entities to use the municipal gain space for “any use” in 2013.

Almost two years ago, we reported on the petition filed by the OCC and the State Broadband Office (SBO) with PURA asking for clarification on the law, which included establishing clear-cut rules on using the municipal gain space for fiber optic deployment. They felt the rules needed cleaning up because some incumbents in Connecticut were still finding ways to thwart competition and stop or delay plans for municipal fiber deployment. 

logo-PURA-ct.jpeg In addition to using restrictive pole attachment agreements, incumbents were exploiting the lack of definition in the statute to slow make-ready work, question who pays for make-ready work, and generally delay municipal projects. Time is money and losing momentum can drive up the cost of of a project, which in turn erodes a community's will to see it realized.

The Decision in Question

In addition to the petition that the OCC had filed, Frontier, the Communications Workers of America, and the New England Cable and...

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Posted November 13, 2017 by Staff

This is the transcript for Community Broadband Bits podcast episode 278. Christopher Mitchell interviews Dublin, Ohio's City Manager Dana McDaniel to lear more about DubLink and intelligent communities. Listen to this episode here.

Dana McDaniel: Intelligent communities are born out of crisis typically or opportunity our crisis was really born more out of the opportunity side. But it was still a crisis.

Lisa Gonzalez: You're listening to episode 278 of the community broadband pit's podcast from the Institute for local self-reliance. I'm Lisa Gonzales. Christopher recently spoke at an event in Dublin, Ohio, hosted by the Global Institute for the Study of the intelligent community. While he was there he spoke with Dublin City Manager Dana McDaniel about the event and, of course, the community's municipal fiber network that has spurred economic development and provided so many other benefits. During their conversation they discussed the institute's work and their discoveries. Now here's Christopher and Dana McDaniel.

Christopher Mitchell: Welcome to another edition of the community broadband bid's podcast. I'm Chris Mitchell with the Institute for local self-reliance and I'm on site in Dublin Ohio talking with Dana McDaniel city manager of Dublin Ohio and host of The Global Institute for the Study of the Intelligent Community. Welcome to the show.

Dana McDaniel: Well thanks Chris thanks for having me and thanks for being with us.

Christopher Mitchell: It's nice to do the interview after my presentation after I have seen a bit since I have a better sense of what's going on here and it's pretty impressive. Well thanks. Where are we Where's Dublin for people who have never been here and what's it like.

Dana McDaniel: OK well Dublin Ohio is a suburb of Columbus and I think most people probably know Columbus is central to the state of Ohio. And of course--

Christopher Mitchell: Both figuratively and physically

Dana McDaniel: As you go and yeah in a lot of ways that's very true. Yes so we're a suburb of Columbus on the northwest side. We have a population of about 47,000 people are daytime population is closer to...

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Posted November 7, 2017 by lgonzalez

As an increasing number of communities invest in and explore the advantages of publicly owned networks, Christopher finds himself making more trips to cities and towns across the country. In addition to sharing what we discover about all the communities we research, he absorbs what he can from others who also document the way local folks are optimizing connectivity. Sometimes, he’s able to interview people like this week’s guest, Dana McDaniel from Dublin, Ohio.

Dana is City Manager of Dublin home of the Global Institute for the Study of the Intelligent Community, part of the Intelligent Community Forum. In addition to discussing the purpose and principals of the Forum and the Institute, Dana describes how the both use data they collect to share knowledge.

Christopher and Dana also spend time on the many benefits of the publicly owned fiber optic infrastructure in the Columbus suburb and the situation that led to their initial investment. Dana describes how fast growth in Dublin led to the community’s decision to protect other types of infrastructure and take control of their rights-of-way. Over time, they expanded the network, which led to economic development, cost savings, and private investment far beyond their expectations. It’s a great story they want to share with others.

Read the transcript for this show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 30 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and...

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Posted June 14, 2017 by lgonzalez

The State Legislature in Indiana sent SB 478 to Governor Eric Holcomb earlier this session; he recently signed the bill into law. Also known as the Facilitating Internet Broadband Rural Expansion (FIBRE) Act, the new law allows electric cooperatives with easements for electric lines to use those same easement for fiber infrastructure. The change in existing law will allow rural electric cooperatives to bring high-quality Internet access to the many rural regions in Indiana that are now unserved or underserved.

Updating Easements For Connectivity

SB 478 applies only to existing easements between electric suppliers and property owners. It doesn’t apply to new electric easements, railroad property, or the installation of new poles, conduit, or other structures. Other exceptions also apply to limit the new easement applications to existing infrastructure. 

The language of the bill provides in detail the steps that a property owner can take if they oppose the installation of the new infrastructure under the purview of an existing easement. It also lays out the information that an electricity provider must provide to the property owner regarding the plan for fiber infrastructure deployment and planned delivery. The bill goes on to establish further procedures if a property owner decides to pursue legal action if they feel their property value is decreased due to the new infrastructure or other related matters.

Lastly, the bill lays out procedural requirements for an electric cooperative that decides to offer broadband Internet. They must create a separate entity and maintain a separate accounting system.

Read the entire bill here.

Learning From The Co-op Guys

Republican State Senator Eric Koch, lead author on the bill, introduced the legislation as part of his ongoing efforts to improve connectivity in Indiana’s rural areas. According to a March article in the Indiana Economic Digest:

A couple of years ago, Koch was working on another issue with the Indiana Electric Cooperatives, and he saw maps of all the areas that are served by...

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