In early December, the city of Cortez, Colorado, released a request for proposals in their search for a private sector partner to help bring last mile fiber connectivity to premises throughout the community. The city is seeking a way to bring high-quality Internet access to the entire community, but will not expand it’s municipal fiber infrastructure. They're looking for ways to overcome some of the same challenges other small communities face as they attempt to improve local connectivity to every premise.

At A Crossroads

Smith told us that the city is at a crossroads and community leaders think that a public-private partnership (P3) might be the quickest way to get the people of Cortez better services they’re looking for at the affordable rates they deserve. The city faces the challenge of funding the expansion. Approximately $1 million from the Colorado Department of Local Affairs (DOLA) funded the Cortez middle mile infrastructure and connections to community anchor institutions (CAIs), including schools, healthcare facilities, and municipal facilities. Cortez is not able to obtain more grant funding from DOLA for last mile expansion.

When we spoke with Smith in June 2018 for episode 310 of the Community Broadband Bits podcast, he described how the city was contemplating a sales tax to fund the expansion, rather than the more common revenue bond funding. Smith explains that, if Cortez decided to go that route, their decision would trigger Colorado’s Taxpayers’ Bill of Rights (TABOR) regulations. Due to the time requirements, any ballot measure on such a funding mechanism could not be voted on before 2020. Once the measure is on the ballot, the city would not be able to promote it in accordance with Colorado law. If Cortez decided to ask local voters to support funding Fiber-to-the-Home (FTTH) with a sales tax, says Smith, the city would have to wait 4 - 5 years before they could promote the service. A survey in Cortez revealed that 64 percent of respondents supported a sales tax to fund expansion of broadband infrastructure to households and more businesses, but community leaders aren't comfortable waiting so long to bring better connectivity that is so desperately needed...

Until November 6th, community leaders in Loveland, Colorado, vacillated between whether or not to hold a referendum for final voter approval on a muni project. Asking voters to make the final call can remove political uncertainty, but there are times when elected officials have to make the call themselves. When the city opted out of Colorado's restrictive SB 152 three years ago, 82 percent of voters supported the measure. On November 6th, Loveland City Council vacated a previous order to put the issue on the ballot and decided that it's time to move ahead on establishing a broadband utility.

Special thanks to Jeff Hoel who provided additional resources to enhance our reporting!

A Steady Hike Onward in Loveland

Loveland’s population is around 77,000 and growing. The city rests in the south east corner of Larimer County, which is located along the north central border of the state. Located about 50 miles north of Denver as part of the Fort Collins-Loveland Metropolitan Statistical Area, the city is organized as a home rule municipality. Other towns we’ve written about are part of the same statistical areas, including Estes Park and Windsor. They’re one of several bedroom communities where residents who live there work in Denver, Boulder, and Fort Collins.

Like more than 140 other local communities in Colorado, Loveland has opted out of the state’s restrictive SB 152. Loveland voters chose to shed themselves of the law in 2015 and the city followed up with a feasibility study the following year. Since then, they’ve moved ahead carefully with support from the community, including editorials from local media. City leaders have stated that their constituents also vocalize support for a publicly owned project. Approximately, 82 percent of voters approved opting out in 2015. In 2016, 56 percent of residential survey respondents and 37 percent of business survey respondents stated that incumbents were not meeting their needs. With numbers like that, it’s no surprise the public appears ready for community...

The march toward reclaiming local telecommunications authority throughout Colorado continued yesterday as eighteen more communities opted out of restrictive SB 152. As in prior years, voters passed referendums with high majorities in every contest.

It’s a Sweep

Once again, local voters emphatically expressed support to step out of the weight of SB 152 and put decision making for local connectivity in their own hands. The lowest passage for this cycle was 62 percent of the vote in Crowley County; the highest occurred in the town of Blue River where 90 percent of voters chose to opt out. Average passage for all 18 referendums came to just under 76 percent of the vote.

We’ve already reported on ballot measures in the municipalities of Aurora, Cañon City, Florence, Fountain, and Erie. Here’s how the “yes” votes shook out in those communities (please note that these numbers are considered “unofficial” and we round up to whole percentages):

• Aurora: 75%
• Cañon City: 73%
• Florence: 83%
• Fountain: 72%
• Erie: 86%

Other cities and towns which we recently learned were taking up the issue also passed the opt out issue by wide margins:

• Blue River: 90% (Wow!)
• Las Animas: 70%
• Wheat Ridge: 80%

Counties that we’ve been watching also came out positive. Thanks to Virgil Turner, who is the Director of Innovation and Citizen Engagement for the City of Montrose, Colorado, (and our eyes in the state) we found out that this was a year when the majority of referendums happened at the county level.

• Alamosa County: 70%
• Baca County: 74%
• Bent County: 70%
• Chaffee County: 80%
• Crowley County: 62%
• Fremont County: 72%
• Grand County: 78%
• Hinsdale County: 89%
• Kiowa County: 78%
• Otero County: 63%

Within Colorado’s 64 counties, a total of 40 have brought the opt out question to their voters; all referendums passed. Now, 62.5 percent of counties in the state are free of SB 152, leaving only 37.5 percent or 24 counties subject to the harmful law.

Fixing Past Mistakes For Different Futures

In...

Breckenridge was among the list of Colorado communities that voted to opt out of the state’s restrictive SB 152 back in 2016. Now, they’re ready to move forward with design and construction of an open access network. As the resort town prepares to begin work on their fiber infrastructure, several other communities will ask voters to opt out of SB 152 on November 6th.

To the Voters

As we reported in August, Aurora, Cañon City, the town of Florence, and Fremont County had already made plans to put the opt out question on their local ballots. Since then, we’ve discovered that that at least six other local governments want voters to address SB 152.

In Salida, where the town needed to fill a vacated office without delay, community leaders chose to hold their election in September and put the issue on the ballot. The measure to opt out passed with 85 percent of the vote.

Voters will also decide of their towns or counties should reclaim local telecommunications authority in the towns of Fountain and Erie along with Chaffee County and Kiowa County. Over the past several years, more than 120 local communities have asked voters to opt out of SB 152 and local referendums overwhelmingly passed. Many local communities have presented the issue to voters with no specific plans in mind, but do so in order to keep their options open and because they feel that Denver is less qualified than they are in making decisions related to local connectivity.

The Fremont Economic Development Corporation (FEDC) has reached out to voters, urging them to approve the measure with a "yes" vote. The fact that SB 152 still hangs like cloud over the region prevents them from obtaining grant funding to boost economic development.

"We would like to vote to authorize our municipalities to be able to become involved because there is a lot of money out there that is available for the purpose of building infrastructure, but it has to be done through the governmental agency," [Executive Director of the FEDC] said. "We put our shoulder to the wheel on this because we see broadband as a critical element of economic development, as critical in many cases as...