Broadband was on the ballot as voters went to the polls for Election Day in many areas. Here’s a quick run-down of what happened.

Colorado

The Colorado state law (SB-152) that bans local governments in the Centennial State from establishing municipal broadband service suffered another defeat at the ballot box. Since the law was passed nearly two decades ago, more than 150 Colorado communities have opted out. That number continues to grow and we can now add the town of Windsor to the list of municipalities in the state who have voted to restore local Internet choice.

At the polls yesterday, 77 percent of Windsor voters said yes to Ballot Question 3A, which asked “shall the Town of Windsor, without increasing taxes by this measure, be authorized to provide high-speed Internet services (advanced services), telecommunications services, and/or cable television services … either directly or indirectly with public or private sector partners?”

The passage of the ballot question allows Windsor to opt out of SB-152, although as reported by The Colorodoan, town leaders do not intend to establish a new municipal broadband utility as Loveland, Fort Collins, and Estes Park have done in the Front Range region of the state. Rather, Windsor will “pursue a public-private partnership with Highline Internet to bring high-speed Internet and phone service to the town … Highline would build, own and operate the network, though Windsor has the option of contributing money or assets (with voter approval) in exchange for a share of revenue.” Highline Internet is a company operating in multiple states that we have not often come across before.

In Milliken, just 16 miles...

Between the U.S. Treasury clarifying that American Rescue Plan (ARP) funds are eligible to be spent on middle-mile infrastructure and the U.S. Senate’s proposed infrastructure bill directing NTIA to establish a $1 billion grant program to support the deployment of middle-mile networks, federal assistance aiming to improve middle-mile access is imminent. 

Cities and states across the U.S. have already committed portions of their federal relief funds to boost access to middle-mile infrastructure. City officials of Brownsville, Texas approved a plan in July to use $19.5 million of ARP funds to construct a 95-mile-long middle-mile broadband network. In Suffolk, Virginia, city council members set aside $5 million of relief funds for the first phase of a regional project to construct an open access, middle-mile fiber ring. 

The Governor and State Legislature of California recently settled on a $3.25 billion agreement to build statewide public middle-mile infrastructure, “one of the largest state investments in public fiber in the history of the United States,” reports Ernesto Falcon for EFF.

The sudden surge in middle-mile investment may bring about confusion over what middle-mile infrastructure is and give rise to questions over the necessity of such investments. A new fact sheet from the California State Association of Counties (CSAC) clarifies commonly held misbeliefs about investing in public middle-mile infrastructure. Read CSAC’s new fact sheet here [pdf].

Investments in Public Middle-Mile Needed to Confront Monopolies

Upon State Governor Gavin Newsom introducing his plan...

As Senators involved in the Bipartisan Infrastructure Framework are negotiating over legislative language on how to spend $65 billion aimed at expanding high-speed Internet connectivity in “unserved” and “underserved” parts of the country, a new joint report has been published by Common Cause and the Communications Workers of America (CWA) that details the massive influence Big Telecom has on Congress.

The 21-page report – Broadband Gatekeepers: How ISP Lobbying and Political Influence Shapes the Digital Divide – examines the political spending and lobbying efforts of the nation’s largest Internet Service Providers (ISPs), as well as their trade associations, and connects the dots on how some of the most despised companies in America have helped create the digital divide.

The report begins by noting how “major broadband providers, both telecom and cable, have chosen not to build their networks to areas they deem less profitable and not to upgrade many existing customers left behind by outdated technology. These choices entrench the far too wide digital divide and mean Americans pay some of the highest prices for service. At the same time, the largest ISPs have used their outsized influence in Congress to block any legislation that would undermine their stranglehold over the broadband marketplace. In the 116th Congress alone, these corporations spent an astounding $234 million on lobbying and federal elections.”

That’s an average of more than $320,000 a day, seven days a week, as the report’s authors note.

America’s ‘Most Hated’ Companies Lobby to Maintain Monopoly Power

Although policymakers have proposed reforms that would close the digital divide, the report says, “the (telecom) industry is on Capitol Hill spending hundreds of millions of dollars to fight against legislation that would fund the deployment of future-proof networks, promote competition, mandate higher minimum speed...

Since it was first introduced in Congress in March, the Community Broadband Act of 2021 has gained widespread support from over 45 organizations representing local governments, public utilities, racial equity groups, private industry, and citizen advocates. 

The legislation -- introduced by U.S. Representatives Anna Eshoo, Jared Golden, and U.S. Senator Cory Booker -- would authorize local communities to build and maintain their own Internet infrastructure by prohibiting laws in 17 states that ban or limit the ability of state, regional, and local governments to build broadband networks and provide Internet services. 

The Act also overturns state laws that restrict electric cooperatives' ability to provide Internet services, as well as laws that restrain public agencies from entering into public-private partnerships.

States have started to remove some long-standing barriers to public broadband on their own. In the last year, state lawmakers in both Arkansas and Washington removed significant barriers to municipal broadband networks, as high-quality Internet with upload speeds sufficient for remote work, distance learning, telehealth, and other online civic and cultural engagement has become essential. 

Community broadband networks offer a path to connect the unconnected to next-generation networks. State barriers have contributed to the lack of competition in the broadband market and most communities will not soon gain access without public investments or, at the very least, the plausible threat of community broadband.

The Many Benefits of Publicly-Owned Networks

Despite the tangle of financial restrictions and legislative limitations public entities face, over 600 communities across the United States have deployed public broadband networks. (See a summary of municipal network success stories...