Minneapolis is proud of its parks and trails and the City of Lakes has nurtured its jewel by fiercely protecting city parklands. The policy is effective but causing a bit of a headache for local Internet Service Provider, US Internet as the company deploys a Fiber-to-the-Home (FTTH) network in Minneapolis.

The boulevards in front of some houses are Minneapolis parkland and the Parks and Recreation board recently voted down US Internet’s request to use those boulevards for conduit for its underground network. Now, homes bordering lakes and parkland will have to wait longer than their neighbors for FTTH. The situation illustrates one more challenge facing new entrants: right-of-way issues.

No Alternatives Available

US Internet explained in December that they had no alternatives to the boulevards. They can't use Minneapolis' narrow alleys, which are too cramped to safely use the boring equipment for installing underground conduit and fiber. The hard surface of the alleys prevents winter access for maintenance.

Aerial networks are not an option either. The current utility poles are under the control of Comcast, CenturyLink, and Xcel and the city will not allow any more aerial installations. There’s only so much space on a utility pole.

Is All Parkland the Same?

Right now, the park's boulevards do not have a separate classification and are treated the same as all other parkland. Although the Minneapolis parks need money for renovations, the Park Board decided not to leverage boulevard access for money. Park Board Commissioner Brad Bourn explained to the community newspaper Southwest Journal:

“We have to be careful of the precedent we set…  The purposes of our procedures are first and foremost to protect parkland.” 

How to use public land for the public good can be a difficult balancing act. The Park staff is now working to find possible solutions.

Residents who want FTTH but whose homes are located along park property are waiting. Resident Julie Stenberg signed up for US Internet in part because she knows that lack of FTTH will negatively impact her property values. She told the Journal:

She said it’s frustrating — no one is picnicking on the boulevard in front of her...

On the border of Kentucky and Indiana a fight is brewing as AT&T and Google Fiber have both announced plans to bring Gigabit Internet service to Louisville, Kentucky. Home to over half a million, the city could see major economic development with new ultra high-speed Internet access, but there’s a problem: the utility poles.

AT&T is suing the city over a “one touch make-ready” ordinance. On February 11, 2016, the Louisville Metro Council passed the ordinance in order to facilitate new competitors, i.e. Google Fiber. 

Utility Poles: Key to Aerial Deployment

Make-ready is the shorthand for making a utility pole ready for new attachments. Although it may seem simple, this process is often expensive and time-consuming. To add a new cable, others may have to be shifted in order to meet safety and industry standards. Under the common procedure, this process can take months as each party has to send out an independent crew to move each section of cabling. 

To those of us unfamiliar with the standards of pole attachment it may seem absurd, but this originally made sense. Utility poles have a limited amount of space, and strict codes regulate the placement of each type of cable on the pole. Competitors feel they have to fiercely guard their space on the pole and cannot trust other providers to respect their cables. Make-ready must involve coordination between multiple providers and the utility pole owners. For some firms, like AT&T, this is an opportunity to delay new competition for months.

“One touch make-ready” simplifies the entire process. A single crew only makes one trip to relocate all the cables as necessary to make the utility pole. Under the amended ordinance in Louisville, the company that wants to add a cable to the utility pole can hire a single accredited and certified crew, approved by the pole owner, which will accomplish the work much more quickly and at lower cost. Also, it must pay for needed fixes or any damages to the pole-owner’s equipment and inform the pole-owner of any changes within 30 days. Such “one touch make-ready” policies quicken network deployments by preventing delays inherent in...

A new state law is on the books in Vermont that supporters expect will encourage more investor activity supporting community broadband networks. 

The new law, which took effect this past June, allows for the creation of “communications union districts,” enabling towns and cities to band together to form geographic entities dedicated to establishing fiber-optic broadband networks for their area’s residents and businesses. 

A New Nomenclature

While Vermont towns have been able to work cooperatively via inter-local contracts, the new law is less cumbersome and uses a governmental nomenclature more familiar to most people—the union district. The union district governance model has been used for many years throughout Vermont, including by various utilities that have multi-town operations to handle, for example, sewer and water service.  

Carole Monroe; general manager of the East Central Vermont Community Fiber-Optic Network (ECFiber), a consortium of 24 Vermont communities that have banded together to provide broadband service; told our Christopher Mitchell there isn’t much practical difference for her group operating now as the East Central Vermont Telecommunications District instead of by an inter-local contract.  

“But I can say that in the municipal investment markets, they’re much more familiar with the municipal utility district, whether it’s a water district or sewer district or something along those lines,” Monroe told Chris in a recent edition of Community Broadband Bits podcast. “A municipal utility district is a common language for them. Inter-local contracts, not so much.” 

ECFiber Grew From Inter-Local Contract 

Irvin Thomae, chairman of the EC Vermont Telecommunications District board, agreed. He noted that seven years ago the east central Vermont communities created ECFiber through an inter-local contract. “But this (the inter-local contract) was unfamiliar to investors beyond our state borders,” Thomae told us.

“We needed a structure more capable of being recognized by large institutional investors. It (the communications union district) makes it easier for community broadband networks to appeal more for large investors.”

Jerry Ward, an ECFiber delegate from Randolph Center, earlier in 2015...

For this week's Community Broadband Bits, we are delving into an area of law and practice that is quite important for Internet network deployment but tends to be dry and confusing. Not for us today though, we have Sean Stokes, a Principal at Baller Herbst Stokes & Lide, joining us to explain Right-of-Way basics.

We talk about what the public Right-of-Way (ROW) is, who is responsible for maintaining it, how entities can get access to it and how poles are distinct from the ROW. We discuss how much power local governments and pole owners have to deny access to these assets and some of the costs associated with make-ready. If you don't know what make-ready is, you'll know in less than thirty minutes.

We finish our discussion by exploring the "Municipal Gain" policy in Connecticut, where munis are entitled to some space on the poles for any purpose they choose to use it. Historically, this was used only for public safety, but it was recently broadened. Sean also explores how he believes we should simplify access for fiber-optics rather than basing access on the particular end service being offered.

Read the transcript from this episode here.

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