We didn't need a crystal ball, magic potion, or ESP to predict that local Colorado voters would enthusiastically reclaim telecommunications authority yesterday. Twenty-six more local governments put the issue on the ballot and citizens fervently replied, “YES! YES, WE DO!”

Colorado local communities that want to take action to improve their local connectivity are hogtied by SB 152, the state law passed in 2005. Unless they hold a referendum and ask voters if they wish to reclaim the right to do so, the law prevents local governments from providing service or partnering with the private sector. Since the big incumbents that pushed the law through aren't providing necessary connectivity, their only choice is to opt out and work with new partners or move forward on their own.

This year’s results include seven counties and 19 municipalities. Many of those communities simply don't want lobbyists in Denver dictating whether they can move ahead in the digital economy. Over the past few years, the momentum has grown and, as places like Longmont, Rio Blanco County, and Centennial prove that local authority can improve local connectivity, more local governments have put the issue on the ballot. 

The Big “Yes” In 95

On November 4th, Aspen public radio news featured a story about local ballot initiatives to opt out of state law SB 152 in Aspen, Carbondale, and Garfield County. The western communities are three of 26 that have the measure on their ballots this election. El Paso County, Montezuma County, and the small town of Dolores are only a few others.

Justification

Reporter Wyatt Orme spoke with Jim English, head of IT at Colorado Mountain College (CMC) who described how, because of lack of redundancy, a single fiber-optic cut a year ago left the community isolated. "It took down all services between South Glenwood to Aspen, including 911 in Aspen. [It] got people’s attention," he said.

When English had the opportunity to ask the incumbent why they had never deployed another line for safety's sake, he was dismayed by the answer: “Well, how do we justify that to our stockholders?”

Freedom Found

CMC presented the opt out issue to voters last year, who handily supported the measure, giving the college the freedom to explore working with partners or on their own. SB 152, passed in 2005, was heavily lobbied by national incumbents and designed to prevent competition. It prevented CMC and any local government that had not opted out from tackling the problem of poor connectivity on their own with Internet infrastructure investment or seeking a private sector partner to solve the problem. To English - and to many of the local governments that have voted to opt out of the restrictive state law - choosing to opt out is a matter of local control and freedom:

[H]e thinks there’s historical precedent for local governments getting involved. "They built the interstate to move services and to move goods. And that’s sort of what the Internet really is. It’s...basically the new interstate," English said.

Listen to the entire story at Aspen Public Radio.

This has been a “loud” general election. The candidates, the campaign ads, and the supporters have all blasted their messages to voters in every state, drowning out some initiatives that are equally important. In Colorado, 26 local governments are asking voters to decide whether or not to opt out of SB 152, the state’s restrictive law passed in 2005 that looted local telecommunications authority.

In addition to seven counties, 19 municipalities have the issue on the ballot. Most of them use similar language from years past, when dozens of Colorado local governments presented the same question to voters.

El Paso County

There are about 664,000 people in the county, with approximately 456,000 living in the county seat of Colorado Springs. Rural residents and businesses typically struggle to obtain Internet access. County Question 1A reads:

Without increasing taxes, shall El Paso County have the authority to provide, or to facilitate or partner or coordinate with service providers for the provision of, “advanced (high-speed internet) service,” “cable television service,” and “telecommunications service,” either directly, indirectly, or by contract, to residential, commercial, nonprofit, government or other subscribers, and to acquire, operate and maintain any facility for the purpose of providing such services, restoring local authority and flexibility that was taken away by Title 29, Article 27, Part 1 of the Colorado Revised Statutes? 

Recently, El Paso County Board of Commissioners chairwoman Sallie Clarke published a guest column in the Colorado Springs Business Journal and the Gazette urging voters to support the measure. She noted that, even thought the initiative is important to the community, the local press has been quiet about the measure. With media filled by the Clinton/Trump race, there is little room for anything else, but she spells out why El Paso County needs to opt out of SB 152.

Staying Competitive

Rio Blanco County, Colorado, is moving along nicely with its Fiber-to-the-Curb infrastructure investment. Readers will recall that two years ago, voters in the mostly rural county in the northwest corner of the state reclaimed local authority and soon after the community commenced plans to improve connectivity.

In a recent interview of KDNK’s Geekspeak, Rio Blanco County’s IT Director Blake Mobley described details of the project as it moves forward. He also describes how people in the county are hungry for better Internet access. The guys touch on local control and how several other communities in Colorado are voting on the right to make their own telecommunications decisions this election season. From the show website:

On this year’s ballot, voters in Carbondale, Silt, Parachute and Garfield County will decide whether or not to opt out of restrictions on local government control over high speed Internet. Blake Mobley is IT Director for Rio Blanco County. Blake talks with Matt McBrayer and Gavin Dahl about Rio Blanco’s own ballot initiative, and the county’s decision to invest in infrastructure that is now delivering gigabit fiber to homes and businesses in Rangely and Meeker.

Christopher also interviewed Blake back in 2015 for episode #158 of the Community Broadband Bits podcast.

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.

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.

Mancos, a rural community of about 1,300 in rural southwest Colorado, hopes to join over 50 other communities across the state that have reclaimed local telecommunications authority. On April 5th, the town will decide whether to exempt itself from SB 152, Colorado's 2005 state law that removed local choice from municipalities and local governments.

Located at the base of the Mesa Verde National Park, Mancos is best known for outdoor recreation and as the gateway to the park, home to the historic Mesa Verde Cliff Dwellings. Rangeland and mountains surround the community.

The Pine River Times Journal reports that Mancos is looking to utilize 3,300 feet of fiber optic assets already in place. The fiber now connects municipal facilities but community leaders want to have the option to use the network for businesses, residents, or to provide Wi-Fi to visitors. SB 152 precludes Mancos from using their publicly owned fiber for any of those purposes without first opting out.

On March 9th, the Town Board of Trustees approved a resolution encouraging voters to pass the ballot initiative that will reclaim local authority. They have information about the ballot question and what it will mean for the community on their website.

“It’s an anti-competition bill [SB 152],” [Mancos Town Administrator Andrea Phillips] said. “[Exempting out] gives us a lot more leeway.”

Mancos has no specific plans to develop a municipal fiber network but, like many other communities that opted out last November, they want the ability to do so or to work with a private sector partner. Nearby Dolores is collaborating with Montezuma County; the two have contracted jointly for a feasibility study. 

According a March 16th Pine River Times Journal article, Dolores and Montezuma County will put the issue to voters in November. Jim McClain, IT Manager for the county said:

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

Last we checked in with Steamboat Springs they had just finished a connectivity project. Now the community is taking another step to improve local connectivity in this northwest Colorado ski resort town.

The goal is to connect large community anchor institutions throughout town with a fiber backbone which could become the basis for a larger network. Several community anchor institutions have pooled their resources and pledged $748,000 while also securing a matching grant to install 9 miles of fiber across the small town of 12,000. Funding is in place, but the agreement between the institutions must be finalized before sending out an official request for proposals to find a company to install the fiber.

Matching Grants & Community Connectivity

The Colorado Department of Local Affairs (DOLA) intends to match the community’s contributions towards the project. DOLA will provide $748,000 in grant money for the fiber backbone. According to Routt County Manager Tom Sullivan in Steamboat Today, the fiber design will have splice points to allow private providers to provide last-mile connectivity to residents’ homes and businesses from the fiber backbone.

So far, the large institutions pitching in for the 9 miles of fiber are: Routt County’s public safety complex, Yampa Valley Electric Association, the city of Steamboat Springs Mountain Fire Station, Yampa Valley Medical Center, Colorado Mountain College, and the Steamboat Springs School District. Several of these institutions had previously collaborated with the Northwest Colorado Broadband group and the Steamboat Springs Chamber Resort Association on the community's first connectivity project.

The Carrier Neutral Location

Colorado may have been the epicenter of local authority disruption this election cycle but two Iowa elections were also worth exploring.

Decorah Chooses Muni Authority

In Decorah, the community of 8,000 received awards for its innovative use of the city's dark fiber network, MetroNet. A community led effort, Decorah FastFiber, convinced community leaders to ask voters if they want to expand the use of that fiber. Voters decided 1,289 to 95 to give the city the authority to establish a municipal telecommunications network.

Decorah's ballot question specifically asked if that authority should extend to video, voice, telephone, data, and all other forms of telecommunications and cable communications, reports the News. A second ballot question, which passed with similar results, asked voters to authorize the city to establish a Board of Trustees for the utility.

Vinton Trusts Its Electric Utility

Vinton, home to approximately 5,200 people, voted overwhelmingly to form a telecommunication utility. The community, located northwest of Cedar Rapids, voted 792 to 104 to put the community's municipal electric utility in charge of the initiative. This matter had been voted on twice previously - in  both cases the community had voted against the proposition. 

A comparatively large number of communities in Iowa have invested in their own Internet networks but Mediacom and other providers like CenturyLink have fought hard to prevent municipalities from passing the necessary referendum to build a network. This year, we had no reports of opposition from incumbent operators, a remarkable change that frankly leaves us puzzled but hopeful nonetheless. 

Congrats to both Decorah and Vinton for reclaiming digital self-determiniation. We don't know if either one has immediate plans to build a network or what model they may use but now they have full authority to explore all options.