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.

Under the pavement of most cities run an old collection of pipes full of rushing water and some cities are adding fiber-optic cable to them for Internet service. The small city of Anacortes, Washington, is the latest community to repurpose some of their water infrastructure to also carry fiber. 

The new fiber cable will help manage the water system and may serve as the backbone for citywide, Fiber-to-the-Home (FTTH) Internet access. Anacortes approved about $265,000 for an international contractor to install the fiber in existing water pipes.

Fiber in the Water

Local paper Go Anacortes reported that the community will replace an old radio system with high-speed fiber to better manage the community’s water system. The city’s utility intends to connect water treatment plants and pump stations by running most of the fiber through abandoned water lines, but in some areas the fiber must run through active water pipes.

The utility found an international company that specializes in installing fiber through microducts inside water lines. This technique has been used in multiple countries, and the state health department approved the plan. Although this portion of the project will cost $265,000, the overall fiber project is directly on budget and ahead of schedule, Public Works Director Fred Buckenmeyer recently reported at a city council meeting. Officials estimate the tost cost of the water system project at $500,000 and expect to be completed by the end of summer.

Citywide Plans

This fiber will serve as the backbone to a network that can provide Internet access in the future. The library will host the hub of the network, enabling the utility to expand throughout the community if they so choose. At the end of 2015, Anacortes began to consider building a citywide network.

A new report from the National Digital Inclusion Alliance and Connect Your Community concludes that the telecom giant AT&T has redlined low-income neighborhoods in Cleveland. The company has cherry-picked higher-income neighborhoods for new technology investments and skipped over neighborhoods with high-proverty rates.

AT&T’s Digital Redlining, uses publicly available data from the FCC and the American Community Survey to expose how AT&T has failed to invest in low-income communities in Cleveland.

See With Your Own Eyes

Read the report and explore the interactive maps on digitalinclusion.org. The National Digital Inclusion Alliance and Connect Your Community spent six months uncovering how AT&T has systematically passed over communities with high poverty rates. The five maps paint a stark picture of the digital divide. 

The extent of AT&T’s failure only came to light after the AT&T and DirecTV merger. As part of the merger, AT&T had to create an affordable Internet access program for low-income residents. The lowest speed tier in the program was 3 Megabits per second (Mbps) download for $5, but many low-income communities in Cleveland were considered ineligible; infrastructure in their communities only allowed access to speeds that maxed out at about 1.5 Mbps download. (Read more in "AT&T Gets Snagged in Giant Loophole Attempting to Avoid Merger Responsibility")

Public Data Can Share Some Insights 

The National Digital Inclusion Alliance and Connect Your Community noticed a pattern and began investigating. The FCC Form 477 data used in the report provides maximum speeds and technology by each census block, which typically overstates the quality of service actually available to households.

Local officials in Columbia County, Georgia, wanted better public safety communications, synchronized traffic signals, and better connectivity for government facilities. They decided the best strategy was a publicly owned network and their decision is creating opportunities they hadn't anticipated.

When he considers how the county expanded its fiber network to improve economic development, education, and public savings, Columbia County Broadband Utility (C3BU) Broadband Manager Lewis Foster still sounds a little surprised. After all, Columbia County planned on using the network for a limited purpose, but then they realized the diversity of the asset. "It was almost an afterthought," he says.

Poor Options Created A Positive Path

Before the idea of a publicly owned network saw the light of day in Columbia County, local leaders contacted the incumbent providers to set up a dark fiber lease. To their dismay, incumbents AT&T, Comcast, and WOW, would not lease the county dark fiber.

County officials approached incumbents in 2007 and 2008 hoping to secure a dark fiber lease. The large providers, however, said they either didn’t have any dark fiber to lease, they could offer lit services, or they would build a dark fiber network for the county to use. Incumbents demanded a model where the county would pay the construction costs but the infrastructure would be owned and operated by the incumbents – who would then charge the County for access to the network the county had paid for. Foster recalls that incumbents we’re most interested in charging premium rates for lit services. Columbia County officials wanted a better option and found a more fiscally responsible approach in simply owning the network.

Plans for a fiber-optic middle mile network to serve the Brazos Valley in Texas are firming up and the project should be up and running within two years, reports KBTX from Bryan and College Station. The network will also have a fixed wireless complement.

Healthcare First

The $22 million network backbone, funded through the FCC’s Healthcare Connect Fund and the Brazos Valley Council of Governments (BVCOG), will first connect healthcare providers such as hospitals, schools nurses, and jail clinics.

According to the April 2015 Network Plan from the Brazos Valley Council of Governments, 62 percent of the population in the proposed service area live in rural areas with poor access to quality healthcare. Twenty percent of residents in the region are 60 years of age or older. Texas A&M School of Public Health, one of the partners in the project, completed a study that indicated high percentages of chronic conditions in residents in the region. In 8 of 12 of those measures, the results were worse than the national average. In some cases, the rates were twice as high as national averages.

Jobs Ahead

Since late 2015, the small city of Fairlawn, Ohio, has been planning and preparing for a network with next-generation connectivity. The city is building the network, FairlawnGig, which will offer speeds of a Gigabit (1,000 Megabits) per second to subscribers. All speed tiers will be symmetrical, so upload and download will be equally fast.

Lightwave reports that FairlawnGig has officially connected its first two business customers: RDA Hotel Management and the architectural firm David A.Levy & Associates.

Necessary Connectivity For Businesses

RDA Hotel Management officially signed up for the service and immediately experienced a 733 percent increase in Internet access speeds in its local hotel. The management company owns and operates the Hilton and Doubletree hotels throughout the nation. Two of the company's hotels have been connected to the network since early August as “beta customers” of the network. These “beta customers” (including hotels that hosted some Republican National Delegates) helped determine how well the network functioned, providing feedback on how to improve the experience for future subscribers. 

The local architectural firm David A. Levy & Associates is also pleased with the new connectivity. Neal Levy, business development director at David A. Levy & Associates described how the municipal fiber network has already improved productivity in the Lightwave article:

 "Prior to FairlawnGig, reliability was a serious issue and it took several minutes to save, transmit, and open a 50-MB file. Plus, our team couldn't work simultaneously in an AutoCAD [a design application used by many architect firms] file while it was auto saving or the file would freeze. Now it takes less than 10 seconds to open or save a file."

The FairlawnGig Story

This is episode 223 of the Community Broadband Bits podcast. Eleven communities in Northern Utah are now served by a regional open access fiber-optic network, UTOPIA. Perry City's Mayor Karen Cronin and UTOPIA's Executive Director Roger Timmerman join the show. Listen to this episode here.

Karen Cronin: We don't have the money that some of the lobbyists are getting from big companies, but we have a voice and I think that our legislatures will listen to local voices if they have the courage to step forward.

Lisa Gonzalez: This is episode 223 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. The Utah Telecommunications Open Infrastructure Agency, also known as UTOPIA, began serving north-central Utah in 2004. The regional open access fiber-optic network has had its share of challenges since launch, but has slogged through them to now bring healthy competition to residents and businesses in 11 communities. Joining Chris this week are the mayor of one of the UTOPIA cities, Karen Cronin from Perry. Roger Timmerman, executive director of UTOPIA, is also part of the conversation. Our guests share stories about how competition has benefited local businesses and residents. They also describe infrastructure sign-up choices they have as property owners in a UTOPIA community and what it's like to have more than one or two ISPs at your feet. Now here are Chris, Mayor Cronin from Perry, and Roger Timmerman, executive director of UTOPIA.

Christopher Mitchell: Welcome to another episode of the Community Broadband Bits podcast. I'm Chris Mitchell. Today I'm speaking with two wonderful guests from the state of Utah. Roger Timmerman is the executive director of UTOPIA, the Utah Telecommunications Open Infrastructure Agency. Welcome to the show.

Roger Timmerman: Thank you. Thanks for having me on.

Christopher Mitchell: Perry City mayor, Karen Cronin. Welcome to the show.

Karen Cronin: Thank you. I'm delighted to be part of the conversation.

They're at it again. Recently, they have been called out for taking advantage of E-rate; now they are taking advantage of their own lack of infrastructure investment to worm their way out of obligations to serve low-income residents. Fortunately, a nonprofit group caught up with AT&T's shenanigans and held their feet to the fire.

"Nah, We Don't Have To Do That..."

As part of FCC-mandated conditions under which AT&T was allowed to acquire DirecTV in 2015, the telecommunications conglomerate created the "Access from AT&T" program, offering discount Internet access to low-income households. The program consists of tiered services - download speeds of 10 Megabits per second (Mbps) for $10 per month, 5 Mbps for $10 per month, and 3 Mbps for $5 per month.

The company is required to enroll households in the fastest speeds available, but a significant amount of low-income families don't qualify because the fastest speed AT&T offered to their home is 1.5 Mbps download. The problem, created by AT&T's own lack of infrastructure investment in certain neighborhoods, allowed AT&T to dodge their responsibility under the terms of the DirecTV acquisition by simply denying enrollment to households with speeds less than 3 Mbps. Trouble is, some one noticed.

NDIA In Cleveland, Detroit

The National Digital Inclusion Alliance (NDIA) realized the scope of the problem when they attempted to help families in low-income neighborhoods in Detroit and Cleveland sign up for Access from AT&T. In addition to discovering that residents could only obtain 1.5 Mbps download speeds, NDIA found that AT&T denied these households enrollment because their speeds were too slow. The only other option for ineligible households was AT&T’s normal rate for 1.5 Mbps service, which is six times the cost of the Access program.

Loopholes: All Lawyered Up And Nowhere To Go

The city of Davis, California, recently released a Request for Proposals (RFP) for a citywide fiber-optic feasibility study report. The community wants to consider the options for a Fiber-to-the-Home (FTTH) network. Responses are due October 31.

The scope of the work includes:

The study should provide an analysis of options for engineering, constructing, provisioning and operating a high speed citywide FTTP network. It should feature both physical and network transport layer components required to pass and potentially connect every home, business, apartment complex, and institutional building within the City of Davis. The analysis should also consider future use at strategic infill and edge points around the City in order to support network growth through the coming decades. 

Davis wants firms to consider public private partnerships, the city’s network as an open access infrastructure, and Davis is only an infrastructure provider.

In early 2015, a group of citizens formed DavisGIG to encourage community leaders to move forward by establishing a Broadband Advisory Task Force and the feasibility study. In March, Davis established a task force to examine the possibility of deploying a network to serve municipal facilities, community anchor institutions, businesses, and residents. Incumbents Comcast, AT&T, Omsoft, and non-profit Davis Community Network offer a wide range of services now and there is little consistency for the city’s 68,000 residents.

The University of California Davis (UCD) is a major employer, as is the State of California. According to the RFP, there is a growing entrepreneurial culture springing up in Davis due to the presence of UCD’s research environment. The community wants to feed that growth with a citywide, future-proof, FTTH network.

Important due dates:

• Notice of Intent to Respond:  Thursday Sept. 22, 2016
• RFP respondent questions due: Thursday Sept. 29, 2016
• Answers to questions distributed: Friday Oct. 14, 2016
• Proposals Due: Monday Oct. 31, 2016 at 3:00 p.m. PT

Send questions to Diane Parro, Chief Innovation Officer: clerkweb(at)cityofdavis.org.