The Longmont Times-Call continues its coverage of the community network struggles of a Colorado community. This story has a lot of the history behind how Longmont developed a fiber ring and how they have used it even as they are prohibited from expanding it. Longmont is not alone in working for upwards of a decade to bring better broadband to the community that actually meets local needs rather than maximizing profits. Other communities have also spent ten, fifteen, or even long with on-gain, off-again plans to build a publicly owned network. This reality provides a handy refutation of state preemptions based on the logic that communities will act too quickly in not considering their plan for a network. Communities take years in researching, planning, and developing networks. In Longmont, the first public fiber investment came in 1996 and was expanded shortly thereafter by the Platte River Power Authority. The city moved more than 40 facilities to a gigabit network, leaving T1s to communities that prefer to vastly overpay for their telecommunications needs. They worked with a private company, Adesta, to expand the network to residents and businesses but the company filed for bankruptcy in the following year. The arrangement certainly had its upside though - Qwest and Comcast mysteriously decided to start offering broadband in Longmont shortly after the Adesta agreement. This happens almost every time a community invests in infrastructure -- it leads to increased investment from incumbents. They quote a techie from the Longmont Hospital who explains the one of the benefits of the publicly owned fiber already in the ground:

“It’s at least a three times reduction in cost,” Niemann said of leasing fiber from the city, versus contracting with a commercial provider. “And oftentimes, if you go with a commercial provider, you have construction costs.”

The city would like to expand the network, both to bring competition to the DSL/cable duopoly, and to invest in smart grid applications for its public power utility. Unfortunately, they have to win a referendum per Colorado's incumbent-protection law. The incumbents are more than willing to spend hundreds of thousands against any such measure, knowing they would lose far more in profits if they had to deal with competition in the community.

Highland, Illinois, having overwhelmingly approved a referendum in April, 2009 to own and operate a fiber-to-the-premises system, has continued to examine the potential for a publicly owned fiber-to-the-home network. Most of the local government is supportive but one councilmember is vehemently opposed, leading to a ""boom or bust?" article in the local paper. Interestingly, the city had a significant outage in 2008 due to a fiber cut outside of town.

The new redundancy brought by fiber that would mean a decrease in the chances for a repeat of the winter 2008 when a third-party contractor working to put up a communications tower for AmerenIP cut a fiber optic cable near Maryville, knocking out phone service, most cellular services and Internet service in Highland for nearly seven hours, Latham [city manager] said.

Worried about the future, Latham then spoke with the incumbent provider:

“There was another one for a short span six weeks after that and I spoke with a Verizon official if there were any plans to come in a build a tieback to create redundancy and they said no. The city is fighting for the best interests of this community.”

Whether Highland can get broadband stimulus funding in round 2 or not, they are on the right path for ensuring their community is ready for the future.

As we have noted previously, Longmont, Colorado, has seen a number of private companies attempt to offer Wi-Fi broadband and then go out of business. As Colorado preempts local authority by requiring a referendum by the city before it can offer services itself, Longmont recently had a vote to authorize telecommunications services. Voters defeated the option. As is common in these referendums, voters were blanketed with reasons to vote against it as incumbents (Qwest and Comcast) spent $200,000 opposing competition whereas the city is prevented by law from advocating for a ballot measure. Now the Wi-Fi network will be auctioned off in pieces because it cannot pay taxes.

Ohio-based DHB Networks owes the Boulder County treasurer’s office $87,000 in unpaid business personal property tax, and the county demanded the company cease operations unless it pays those taxes. DHB also owes the city of Longmont. Longmont-based RidgeviewTel is running the network, at least until the Wi-Fi equipment is auctioned off Thursday — at which point, 400 to 600 customers will be without Internet access, RidgeviewTel CEO Vince Jordan said.

Though the city already has fiber assets that could be used for backhaul as well as other expertise it could use in continuing to run the network, it cannot step in to run a network that would be useful to the community:

While the city can step in and operate the system, it would be only for municipal needs — such as police, fire and utility services — and not to provide Wi-Fi to customers. “Our hands were always tied,” Roiniotis said. “We could buy the system and operate it, but only for our own purposes. We can’t provide the retail part of it.” The city’s hands also were tied when it came to campaigning. State law bans governments from spending public money to campaign for or against local ballot questions.

Though 400-600 people may not seem like a lot of people to leave stranded, many of those on the network were the ones that needed a low cost alternative. This is one of the reason some hoped for a last minute resolution to the impending auction.

A few local elections on Tuesday had questions relating to publicly owned broadband networks. In Seattle, candidate McGinn strongly supported a publicly owned fiber optic network for the city and he may yet get his way as the race is a dead heat and ballots are still being counted. We previously discussed Seattle's broadband deliberations. In Longmont, Colorado, voters voted against giving the municipality authority to expand the city owned fiber-assets into a network offering retail services. As usual, the proponents of the public network were significantly outspent by incumbents seeking to prevent competition.

A group called No Blank Check Longmont, backed with $150,000 from the Colorado Cable Telecommunications Association, spent more than $143,000 in cash and benefited from more than $46,000 in in-kind contributions in its campaign to defeat 2C.

Up on top of Minnesota's North Shore, the Cook County Broadband project got a mixed reception. Though they received the authority to raise a 1% sales tax that would have helped pay for the project, they failed to achieve the necessary 65% super majority required under ancient Minnesota law (1915) to operate a telephone service. A majority supported the idea - 56% - but without the ability to offer a triple-play, the county will have to reconsider its approach. Though such results are disappointing, every community with a locally owned community network has had to deal with such setbacks. The question is how organizers can respond to challengers and how badly the community wants fast and affordable broadband networks. In the near term, I hope that both the Minnesota Broadband Task Force Report (due Friday) and the FCC National Broadband Plan recommend abolishing such barriers to public ownership as a 65% referendum.

As I noted previously, a community in Colorado - Longmont - will soon vote on whether the local government should be allowed to sell retail Internet services. This community has tried a number of approaches to expanding broadband competition but have not yet succeeded in getting the networks they need. The local paper opposes the measure. However, the editorial frames the issue in a curious way. It claims the ballot measure will "override" state law, which is utterly false. State law says the community has to approve it before they can do it - so the City is complying with the state law.

Those against the measure point to failed municipal-run telecommunication efforts as another reason not to support this measure. That’s fairly compelling, especially when we have no specifics about what type of telecommunications projects the city will pursue.

Those against the measure claim that municipal-run telecommunications efforts have failed. They often point at successful community networks (or even failed privately owned networks, oddly enough), call them failures, and rightly assume that no one will fact-check the assertions. Often, they will gin up some false numbers that suggest a far-off network has lost a lot of money (using their same methodology, it would be crazy for anyone to borrow to buy a house). Regarding the concern over what specific project the city will pursue if authorized, this is an interesting catch-22 because it makes little sense to expend a lot of money on a business plan before a community has the authority to build something. Either decision is difficult and requires a trust in the local leadership and democratic process. Comments to that editorial rightly note that Comcast and Qwest will not prioritize investments in Longmont until they see competition. The private sector has failed to generate competition on its own, so the community is smart to consider spurring competition themselves.

The second line of Rachel Carter's story at TimesCall.com captures the reason we care about community broadband networks:

But others argued that it’s not about whether the city will jump into the cable or Internet business; it’s about giving the city options and giving voters a choice.

Longmont, Colorado, will have a question on its November ballot asking whether the city should have the right to offer retail broadband services. This referendum is a requirement of Colorado state law (passed in June 2005 -- more details about that law from Baller.com [pdf]) for communities that want to offer such services to their community. A number of people spoke at the city council meeting before they unanimously voted to put the question on the ballot. Responding to some who opposed giving citizens a chance to choose, one Council Member came up with quite the apt phrase:

Councilman Sean McCoy said the Comcast representatives and Denver attorneys who spoke against the ballot question tried to “put a shadow of a doubt” on it by using “red herring” issues. “I believe the concerns are more of an issue of ’not in my monopoly’ more than anything else,” he said.

Longmont has given the private sector plenty of chances to offer the broadband that citizens want - but they have failed to meet community needs. A number of private companies have tried to use the city's assets to build a wireless network: As detailed here, Kite Networks contracted with the city in 2006 to build a wireless network but ran out of money. In 2007, Gobility gave it a shot but also ran out of money. In stepped DHB, who completed the network. It is not clear what has happened to DHB, but this suggests that many remain dissatisfied:

All council members supported the ballot question, although Mayor Roger Lange and Councilwoman Mary Blue questioned what the city may choose to do in the future.