This is episode 282 of the Community Broadband Bits podcast. Joining the show from Fort Collins, Colorado, Glen Akins and Colin Garfield describe the grassroots organizing that defeated a Comcast-funded astroturf group. Listen to this episode here.

Glen Akins: The $451,000 turned this from a local story to this small town in Colorado to a national news item.

Lisa Gonzalez: You are listening to Episode 282 the bonus episode of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. In Fort Collins, Colorado, the community voted earlier this month to change their city charter in order to simplify the process if the city decides to invest in high quality internet network infrastructure. Voters chose to opt out of restrictive state laws back in 2015. In an attempt to derail the campaign so that they wouldn't have to face the prospect of competition, Comcast and cronies led an expensive local disinformation campaign. Under the guise of a local grassroots group, they blanketed the community with misleading advertisements and literature. According to campaign disclosures, the Comcast front group spent around $451,000 to fight the local initiative. In end, the initiative passed. We reached out to two people in Fort Collins who were spearheading the campaign to pass Measure 2B. We wanted to hear how they did it. Colin Garfield and Glen Akins are here to offer their insight into what worked, what they would change and what they were thinking while pitted against the Goliath ISP. Now here's Christopher, with Colin Garfield and Glen Akins from Fort Collins Colorado.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell at the Institute for Local Self Reliance up in Minneapolis and today I'm speaking with Colin Garfield, campaign lead for Fort Collins Citizens' Broadband Committee, welcome to the show.

Colin Garfield: Thank you, Chris. Pleasure to be here.

Christopher Mitchell: And also, Glen Akins who's also campaign lead for Fort Collins Citizens' Broadband Committee. Welcome to the show.

Glen Akins: Thanks, Chris.

Christopher Mitchell:...

Voters in 18 19 Colorado communities chose local telecommunications authority with an average rate of 83 percent. In Fort Collins, voters weren’t swayed by rivers of cash Comcast threw at them in the final month leading up to a ballot issue to pave the way for local fiber optic Internet infrastructure. By a comfortable margin, ballot measure 2B passed, allowing the city to proceed as it examines ways to improve competition and connectivity.

Fort Collins Voters Say Yes To 2B

Voters chose to amend the city charter in order to give the city council the ability to authorize the municipality to offer telecommunications services as a utility, rather than taking the issue to the voters in a separate referendum. The measure passed with a comfortable margin: 57 percent of voters approved the proposal.

The city has been investigating ways to improve connectivity for several years now because CenturyLink and Comcast are only providing a patchwork of substandard services. As a forward thinking community, Fort Collins wants to be sure that they don’t pass up any economic development opportunities. City leaders also feel that a municipal network is best positioned to offer affordable Internet access as a way to create an environment that is equitable and inclusive, especially for Fort Collins schoolchildren. The city is home to Colorado State University, which needs high-quality connectivity for research purposes. When considering the city’s social, economic, and development goals, the future ability to invest in Internet infrastructure makes sense. Comcast sees the measure as potential competition, the ultimate threat.

In order to allow the City Council to, at some date in the future, authorize the city municipal utilities to provide telecommunications services, Fort Collins needs to amend its city charter. Without this amendment, the City Council will need to take the issue to the voters, rather than by granting permission via ordinance. If Fort Collins decides to work with a private sector partner to deliver services, these same restrictions apply.

As we’ve covered in recent weeks, Comcast has dumped oodles of cash into the Fort Collins race with misleading ads from an organization called Priorities...

This November, more Colorado towns and counties will be voting on whether to opt out of the 12-year-old SB 152, a state law that restricts broadband development. 

Sweeping Out the Old

Senate Bill 152 has hindered communities’ ability to invest in Internet infrastructure and provide service themselves or with private sector partners. Many communities are realizing that national carriers can’t be relied on to provide high-quality Internet access. To date, at least 98 communities across the state of Colorado have voted to reclaim local telecommunications authority by opting out of SB 152; a handful are considering actually pursuing a publicly owned network. 

Opening the Door for Options 

For some towns and counties, the ballot question is simply a way to keep their options open and to reclaim local authority that the state took away in 2005. As we’ve seen in Westminister, Maryland, public-private partnerships can be a great option for communities. Being out from under SB 152 will allow these municipalities to explore high-quality network options if the opportunity arises. Additionally, when towns give themselves the ability to explore new providers and different models, current ISPs tend to take notice and adapt accordingly. Beyond these options and ripple effects from shedding SB 152, some towns simply want autonomy and freedom from sweeping state regulation. 

In Eagle County, they recognize climbing out from under SB 152 will allow them to consider more substantial steps for taking back local power and implementing a high-speed network. They’ve yet to conduct any feasibility studies but in their yearly Legislative Policy Statement they made it clear that they’re motivated to improve connectivity. 

Ushering in the New 

The town of Greeley is moving more decisively. Ahead of the November election and vote on SB 152,...

The Fort Collins’ ballot measure that could amend the City Charter allowing high-speed Internet to become a municipal utility moves forward after a short legal scuffle. The question will be decided at the November 7th special election.

Failed Legal Petition

After the language of the ballot question was released following approval by City Hall, local activist Eric Sutherland filed a petition with Larimer County. Sutherland — well known for his numerous petitions wagered against the city, county and school district— claimed that the language “failed to consider the public confusion that might be caused by misleading language”. Sutherland also insisted the proposed City Charter Amendment isn’t legal under the Taxpayer's Bill of Rights (TABOR) amendment to the State Constitution. TABOR requires local governments to get voter approval to raise tax rates or spend revenue collected under existing tax rates. 

Attorneys representing the city of Fort Collins rejected Sutherland’s claims and maintained that the amendment isn’t covered by TABOR. A utility does not require voter approval to issue debt because it is legally defined as an enterprise, a government-owned business. Moreover, Fort Collins Chief Financial Officer Mike Beckstead testified that the bonds would be backed by utility ratepayers, not tax revenue. City Council explained in a statement that they included the $150 million-dollar figure in the ballot language in an effort to maintain transparency and show the level of commitment a broadband utility could require from the municipality. By including the dollar amount in the ballot language, the Charter would also establish a limit on any debt.

District Court Judge Thomas French issued his ruling on Sept. 4th, dismissing Sutherland's arguments regarding TABOR and explained that “there are no legal grounds to cause the submission clause to be rewritten” and finally that “...