Last November, we reported on a change to the tax code that is deterring rural telephone and electric cooperatives from leveraging government funding to expand broadband access. We were alerted to the issue by the office of Senator Tina Smith (D-MN), who sent a letter to Treasury Secretary Steven Mnuchin and IRS Commissioner Charles Rettig requesting that they remedy the issue and announcing her intention to introduce corrective legislation.

Federal elected officials have introduced such a measure, called the Revitalizing Underdeveloped Rural Areas and Lands (RURAL) Act. Senator Smith together with Senator Rob Portman (R-OH) introduced the Senate version of the bill, S. 1032, in early April, followed by Representatives Terri Sewell (D-AL) and Adrian Smith (R-NE), who introduced a companion bill, H.R. 2147, in the House a few days later. The RURAL Act would ensure that co-ops, which are many rural communities’ only hope for better connectivity, could take full advantage of federal and state funding for broadband networks.

Addressing Legal Ambiguity

As we explained last year, a tax policy change included in the 2017 Tax Cuts and Jobs Act carelessly put rural co-ops at risk of losing their tax-exempt status if they accepted government funding for broadband projects or disaster relief, among other things. Traditionally, these government grants were excluded from the requirement that electric and telephone cooperatives obtain at least 85 percent of their income from members (often referred to as the member income test) to maintain their tax exemption. The 2017 law threatened this precedent by changing the tax code so that “any contribution by any governmental entity or civic group” is now included in a corporation’s gross income. This has made some co-ops hesitant to apply for programs like the U.S. Department of Agriculture’s ReConnect Pilot Program for fear of jeopardizing their...

Maine’s Department of Economic and Community Development is currently seeking a Director of their Broadband Office. The closing date to apply for the position is February 22, 2019.

Learn more about the position at the State of Maine’s online posting. 

According to the announcement on the search, the position will: 

[P]rovide leadership and guidance for Statewide broadband deployment in Maine. This position provides direction to the ConnectME Authority Board, manages staff, provides oversight and coordination of grant funding programs, interacts with public and private sector leaders and management, engineers, attorneys, accountants, construction and financial experts, and the public relating to the mission and implementation of ConnectME initiatives.

Some of the Director’s tasks will be:

• Monitor emerging technologies on national and industry initiatives and trends in broadband; prepare recommendations and position papers; conduct research and analysis to identify best practices toward broadband adoption and improvements.
• Research new and existing technologies to ensure that all areas of the State have access to optimum service.
• Through dedicated website and social media channels, explore all opportunities to engage service providers and existing and potential subscribers on the benefits of broadband.
• Provide guidance and direction to the Office of Broadband Staff and ConnectME Authority Board.

Read more about the role of the Director of Broadband Office and the qualifications for the position on the state posting.

Work in Minnesota

The Dakota Broadband Board is also seeking to fill a leadership role as they look for an Executive Director. The Board asks that interested individuals submit their application materials by 4 p.m. CST on February 28th.

Read the job announcement.

As part of their position:

Duties include Board administration, budgeting & financial administration, marketing of commercial dark fiber, legal & compliance oversight, contracting and contractor management. The position reports...

Even if a local government isn’t ready or able to build its own broadband network, there are still ways they can help bring the benefits of better connectivity to their community. Over the past few years, several counties in Minnesota have partnered with local electric and telephone cooperatives to expand high-quality Internet access as an economic development strategy. In many instances, county governments have offered financial support to the local co-ops, in the form of grants and loans, to connect their rural residents with high-quality fiber networks, often supplementing federal subsidies or statewide Minnesota Border-to-Border Broadband Development grants.

Projects Across the State

Minnesota counties have taken a variety of approaches when it comes to helping cooperatives finance broadband deployment projects.

Some, such as Cook County in the far northeastern corner of the state, provided grants to local co-ops. Cook County began its partnership with Arrowhead Electric Cooperative back in 2008 when both entities contributed to a broadband feasibility study. At the time, the county suffered from the worst connectivity in the state, and many people still relied on dial-up. In 2010, Arrowhead was awarded a $16.1 million combined grant and loan from the stimulus-funded Broadband Initiatives Program (BIP) to build a fiber network in Cook County. The county government offered Arrowhead a $4 million grant for the project, funded by the voters’ reauthorization of a 1 percent sales tax that was due to expire. In return, Arrowhead agreed to provide services such as Internet access to county buildings at no cost.

Yet more local governments have opted to loan money to co-ops to expand broadband access in their county. Both Big Stone County and Swift County chose this route after Federated Telephone Cooperative received a $3.92 million...

A few weeks ago, we wrote about one of the community meetings held by the Minnesota Public Utilities Commission (PUC) to address mounting frustrations over poor service from Frontier Communications. Subscribers at the meeting in Wyoming, Minnesota, complained of download speeds as slow as 0.05 Megabits per second (Mbps), outages that lasted for weeks, and unhelpful customer service representatives.

According to Minnesota Public Radio (MPR), the small town of Ceylon, Minnesota, has had to deal with even more insulting mistreatment at the hands of the company. Residents of Ceylon say that Frontier never actually finished installing its lines in the town. Instead, Frontier has left them lying in people’s yards and dangling from trees — for as long as three years, by one account.

Frontier’s “Corporate Indifference”

Internet access and telephone providers like Frontier usually bury cables underground or suspend them on utility poles to keep the infrastructure safe. In Ceylon, it appears that Frontier has taken a more lackadaisical approach, resulting in lines snaking through the grass, tied to trees, and even crossing over a propane tank. MPR notes that some people in the town have taken it upon themselves to move Frontier’s cables out of the way of harm, attaching them to posts and fences for fear of accidentally severing the connection.

Ceylon officials had previously requested that Frontier fix the problem, to no effect. At the PUC hearing in Slayton, Minnesota, City Councilmember John Gibeau said that the incomplete network installation represented Frontier’s “corporate indifference” to serving rural subscribers, MPR reports.

A representative from Frontier said the company would visit Ceylon to verify that the lines belong to them and to remedy the situation. But for now, Gibeau has a warning for Frontier: "You don't do that to my town and think you're going to get away with it."

Whatever the reason for the slipshod work, Frontier can’t blame it on lack of funding. As Bill Coleman and his team from the Blandin Foundation...