As Election Day approaches, people in a number of Colorado communities will be addressing special ballot questions on local telecommunications authority. Editors of the local news source, the Journal, encourage voters in Montezuma County and Dolores to opt out of harmful SB 152 and reclaim authority taken away in 2005.

“That Industry Has Had Its Chance”

According to editors at the Journal, SB 152 may have sounded like a good thing to legislators in 2005, but big corporate providers have not lived up to promises to bring high-quality connectivity to rural Colorado:

More than a decade later, that industry has had its chance. Internet providers have cherry-picked the lucrative markets and left small communities and even more sparsely populated rural areas with substandard Internet services that are far from high speed. Now it is time for the public sector to step out from under SB 152 restrictions.

By our last count, 27 towns and counties will offer voters the choice to opt out, but we may discover more as we continue to research before Election Day. The communities who choose to vote on the measure don’t necessarily have solid plans to invest in Internet access infrastructure, but if they want to work with a private sector partner or on their own, they must first hold a referendum. 

It's Logical

As Election Day approaches, we anticipate more editorials expressing support; local communities are tired of waiting for better connectivity. As stated by the editors here:

Ballot issues 1A and 2A, respectively, allow local governments to investigate the feasibility of providing broadband services as a public utility or as part of a public-private partnership with taxpayer support for infrastructure.

That is logical, because most of us think of the Internet exactly as an essential utility, right along with electricity, gas and water.

…

The need is obvious. County voters, vote “yes.” Dolores voters, check the “yes” boxes on both 1A and 2A.

Voters in West Feliciana Parish, Louisiana, will get the chance in December to decide if they wish to invest in a fiber-optic network, reports the Advocate.

Louisiana Looks At Idaho

This past summer, Parish President Kevin Couhig presented the plan to create a new parish fiber optic utility. His plan includes an open access network to draw competition that will be based on the Software-Defined Network (SDN) of the Ammon model:

Couhig’s plan would get away from single Internet service providers, which control speed, innovation, bandwidth, data limits and price. Instead, the ISPs would compete through the parishwide network. Each consumer could control what they would have available through the open access such as internet, phone, video and interactive gaming.

Parish staff worked with a consulting firm for several months to develop a feasibility study, define costs, and draft a network design. They estimate the network would cost a little over $5.7 million and would require about 107 fiber miles. In December voters will decide whether or not to accept a plan to fund the network with a 4-mill property tax levy for five years, beginning in 2017. On September 14th, the Parish Council voted to allow the question to be placed on the December ballot.

Redefining Infrastructure In The Bayou

The city will still need to determine how the state's barriers will affect their plans. West Feliciana Parish is 30 miles north of Baton Rouge and home to approximately 16,500 people. There are about 426 square miles in the parish, which is located along the Mississippi River. In July, when Couhig presented the detailed study to the Parish Council, he expressed his motivation for the project:

“As important, we will bring to our residents economical, modern services in entertainment, data, community and health service capabilities that will be on par with any place in the world…To be successful, we need to grow and maintain all of our types of...

Once again, local communities in Colorado chose to shout out to leaders at the Capitol and tell them, "We reclaim local telecommunications authority!"

Nine more towns in the Centennial State voted on Tuesday to opt out of 2005's SB 152. Here are the unofficial results from local communities that can't be any more direct at telling state leaders to let them chart their own connectivity destiny:

Akron, population 1,700 and located in the center of the state, passed its ballot measure with 92 percent of votes cast supporting the opt-out.

Buena Vista, also near Colorado's heartland, chose to approve to reclaim local authority when 77 percent of those casting votes chose to opt out. There are approximately 2,600 people in the town located at the foot of the Collegiate Peaks in the Rockies. Here is Buena Vista's sample ballot.

The town of Fruita, home to approximately 12,600 people, approved the measure to reclaim local authority with 86 percent of votes cast. Now, when they celebrate the Mike the Headless Chicken Festival, the Fruitans will have even more to cheer.

Orchard City, another western community, approved their ballot measure when 84 percent of voters deciding the issue chose to opt out. There are approximately 3,100 people here and a local cooperative, the Delta-Montrose Electric Association (DMEA) has started Phase I of  its Fiber-to-the-Home (FTTH) network in the region. According to an August article in the Delta County Independent, Delta County Economic Development (DCED) has encouraged local towns, including Orchard City, to ask voters to opt out of SB 152. With the restriction removed, local towns can now collaborate with providers like DMEA.

In southwest Colorado is Pagosa Springs, where 83 percent of those voting supported the ballot measure to opt out. There are 1,700 people living in the community where many of the homes are vacation properties....

When local elected officials in Colorado put the issue before constituents last fall, voters in almost 50 communities chose overwhelmingly to reclaim local telecommunications authority. Colorado's state law that strips away local authority, SB 152, permits opt-out through referendum. Referendums are expensive for local communities, but at least they are a way to reclaim the power to decide their own future. 

That ability to opt out will get more expensive and more burdensome if a new bill becomes law. Even though the state removed local authority with SB 152, this bill demonstrates that the legislature can still find a way to strip away more local control when big corporate providers feel threatened.

Local Leaders Concerned

SB 136, sponsored by Kerry Donovan, was introduced on March 4th under the guise of "modernizing" the dreaded SB 152. The bill is now waiting for a hearing in the Senate State, Veterans, and Military Affairs Committee. According to the Aspen Daily News, Pitkin County Commissioners are wary of the bill's consequences. So are we. Ninety-two percent of Pitkin County voters approved the opt-out of SB 152 last November, thereby reclaiming authority. The county has already completed a needs assessment and is obtaining bids for telecommunications infrastructure; they don't want this bill to derail their efforts.

Kara Sillbernagel, Pitkin County analyst, shared her interpretation with the Board of County Commissioners (BOCC):

...[A] concern is SB 136 could open the door to potential litigation in the opt-out process.

...

Silbernagel added that, in her opinion, the language complicates the issue away from the simple opt-out solution, and introduces terms which have left governments that opted out “feeling vulnerable.”

“[Concerns are that] it actually seems to be more restrictive for counties moving forward,” she said.

"Modernized" Language = "Modernized" Barriers...