Tag: "right-of-way"

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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Posted April 21, 2017 by lgonzalez

The Utah Telecommunications Open Infrastructure Agency’s (UTOPIA) regional fiber network serves communities in the north central region of the state. Without the publicly owned network, it’s doubtful the eleven communities served would have access to high-quality Internet access. It’s almost certain they wouldn’t be able to choose between so many providers who operate on UTOPIA's open access infrastructure. Now, the city of Bountiful, Utah, wants the network to extend its reach to their community.

Reaching Out To Other Communities

Recently, the city council voted to give UTOPIA a franchise agreement so the network but the city will not contribute financially to the deployment. According to the Standard Examiner, officials from the networks anticipate the first customers will be business subscribers who would help pay for the expansion.

Bountiful isn’t alone - other communities have granted franchise agreements to UTOPIA.

“This is just kind of a natural progression out of the Salt Lake Valley,” said [Roger] Timmerman, executive director of UTOPIA… The deal “brings more options to Bountiful,”

Bountiful City Councilman Richard Higginson described UTOPIA as a “proven player” in an email to the Standard Examiner. Other communities with franchise agreements include Salt Lake City, Draper, South Jordan and Pleasant Grove. Higginson wrote:

“If UTOPIA and its member cities find that providing services to customers in neighboring cities benefits their operation, then it could be a win-win for both UTOPIA and non-UTOPIA cities alike."

The franchise agreements will allow UTOPIA to deploy in cities' rights-of-way in order to connect customers to the network.

Broadband Benefits In UTOPIA Towns

Last fall we spoke with Mayor Karen Cronin from Perry City, which already connects to the UTOPIA network. She described how competition from the open access network has improved local services, the economy, and the general quality of life. Roger Timmerman participated in the interview as well. Listen to the podcast here.

There are...

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Posted April 12, 2017 by htrostle

Better conduit policy and One Touch Make Ready (OTMR) are two approaches seeing the state legislative limelight recently. With local examples to offer guidance, a few state lawmakers are attempting to implement similar rules.

State Governments Follow Local Leads

Local communities know their needs best and are best poised to make local decisions. Some have used new conduit policies like in Mount Vernon, Washington. The community's ordinances require developers to install additional conduit during construction and then deed the conduit to the city. The additional expense is minimal and the additional asset makes the property Fiber-to-the-Premise (FTTP) capable, driving up its value. Developers don't consider the ordinance a burden.

Other communities have passed ordinances for OTMR. When Louisville, Kentucky, adopted OTMR to speed up deployment for new entrants, AT&T sued to stop the city, claiming that the FCC had jurisdiction over such decisions. In October 2016, however, the agency let the parties know that Louisville had opted out of federal pole attachment rules at an earlier date. Nashville, Tennessee, passed OTMR also and has also had to deal with incumbent lawsuits.

The overall goal is to make new networks less time-consuming and resource intensive to deploy. It also keeps communities free of constant construction noise and reduces traffic disruption, thereby improving the quality of life during the deployment. When an approach works on the local level, state lawmakers often want to reproduce it on a broader scale.

seal-maine_0.png At a time when the state is strapped for funding, a West Virginia bill (3093...

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Posted March 29, 2017 by lgonzalez

West Virginia rural communities struggle with access to broadband but a bill in the state legislature is taking some first steps to encourage better connectivity. HB 3093 passed the House with wide support (97 - 2) and has been sent on to the Senate for review. The bill doesn’t appropriate any funding for Internet infrastructure projects around the state, but adopts some policies that may help local communities obtain better connectivity.

Revenue Neutral And Popular

The state is facing a $500 million budget deficit and lawmakers don't have the appetite to appropriate finds for Internet infrastructure projects. As in most states, policy bills do well during times of financial strife. Elected officials still want to do what they can to encourage better broadband so, according to at least one lawmaker, the revenue neutral nature of the bill has contributed to its success in the legislature. Delegate Roger Henshaw, one of the bill's co-sponsors, told Metro News:

“Notice this is a revenue-neutral bill,” Hanshaw said. “That’s in fact one of the reasons we’re rolling it out now. We have other bills here in both the House and Senate that are not revenue-neutral bills that were on the table for consideration.

“But with the clock ticking on us, it became clear that we probably ought to be looking at options to advance service that didn’t even have the possibility of a financial impact. This bill does not.”

Check out the 3-minute interview with Hanshaw on Soundcloud.

The Broadband Enhancement Council

West Virginia’s Broadband Enhancement Council was created in a previous session and receives more authority and responsibility under HB 3093. They are tasked with the authority to, among other things, gather comparative data between actual and advertised speeds around the state, to advise and provide consultation services to project sponsors, and make the public know about facilities that offer community broadband access. 

HB 3093 briefly addresses the creation of the “Broadband Enhancement Fund," and addresses how the funds should be spent. For now, the fund remains dry...

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Posted March 9, 2017 by Nick

On March 7th, Christopher participated in a panel discussion sponsored by Politico and Qualcomm as part of an event called "The Future of the Wireless World." The panel was moderated by Politico Technology Reporter Alex Byers and included the following participants:

  • Steven Crowley, P.E., Consulting Wireless Engineer
  • Mindel De la Torre, former Chief of the International Bureau, Federal Communications Commission
  • Christopher Mitchell, Director of Community Broadband Networks Initiative, Institute for Local Self-Reliance
  • Joan Marsh, Senior Vice President of Federal Regulatory, AT&T

Watch the video at Politico's website.

Highlights from this conversation include Christopher's interaction with the AT&T representative about their claim that a "one touch make ready" policy was specific to Google Fiber. This interaction is at 36:20 in the conversation.

Posted March 3, 2017 by lgonzalez

Earlier this legislative session, we followed legislation in Virginia, which would have negatively impacted municipalities’ ability to use their publicly owned infrastructure to improve connectivity. We’re now watching a bill in Missouri that’s been resurrected from legislation that died last year. Another state bill just appeared on our radar in Georgia that interferes with local community authority by prescribing stringent rules on permitting and applications.

The Wrong Direction

When our Christopher saw it, he said: 

This is based on the false notion that cities are the barrier to better networks rather than recognizing the power of pole owners and existing attachers as a far more significant barrier.

The bill, HB 336 or the Broadband Strategy for All of Georgia Act, allows communities to be certified as “broadband ready,” which may allow providers that serve those communities eligible for state tax incentives. In order for a community to be certified as a “broadband ready community,” it must comply with a specific model ordinance, created by the state that dictates the process for reviewing applications for broadband projects.

The bill starts out all wrong, by defining broadband as 10 Megabits per second (Mbps) download by 1 Mbps upload. 10:1 not broadband.jpg Clearly that indicates that its point of origin is the incumbent telephone companies who want to make it easier to provide their slow DSL, rather than encourage upgrades to the FCC definition of “broadband.” As a reminder, the federal government considers broadband to be 25 Mbps / 3 Mbps.

The process proposed in HB 336 assumes that local communities that are trying to protect their public spaces are the bad guys and any DSL or cable company who wants to insert their lines or equipment in public space is but a poor victim. The bill applies to any “public rights of way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by the political subdivision.”

The Heavy Hand Of The State

HB 336 caps application...

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Posted March 3, 2017 by lgonzalez

The town of Palm Beach, Florida, has decided to clear its skies. Starting this summer, the city is engaging in an undergrounding project to move electric, telephone, and cable Internet infrastructure. City leaders have decided to take advantage of the opportunity and seek out ideas for Internet infrastructure, either publicly owned, or a partnership arrangement. Palm Beach issued a Request for Information (RFI) in February for Broadband and Communications Services; responses are due March 15, 2017.

According to the online information about the RFI:

The undergrounding project will continue in phases until every resident, enterprise and anchor institution is connected by and through underground services. This once in a lifetime event presents a unique opportunity for Service Providers to participate in potentially reducing their cost of providing infrastructure and enable Services to expand in to a new market.

Private providers have already approached the city for permission to install fiber-optic cable in Palm Beach rights-of-way (ROW) and the city hopes the additional revenue will ease the cost of the undergrounding project.

Palm Beach’s year-round population is around 11,000 but the coastal community swells to 30,000 during the tourist season. The community is actually located on a 16-mile long barrier island separated from its neighbor West Palm Beach by the Intracoastal Waterway. The community is affluent, with a median household income of approximately $125,000. 

We’ve written about nearby communities in Palm Beach County, including Lake Worth, Florida, where the community chose to pursue a free public Wi-Fi project as a matter of social justice.

Check out the details on the RFI at the city’s website.     

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