Tag: "kentucky"

Posted August 28, 2017 by lgonzalez

Louisville has overcome a tall hurdle in its efforts to bring better connectivity and more competition to the community through local control. On August 16th the U.S. District Court for the Western District of Kentucky supported the city’s one touch make ready (OTMR) ordinance. AT&T challenged the ordinance in court, but their arguments fell flat and court confirmed that the city has the authority to manage its rights-of-way with OTMR.

State Law

AT&T’s claim based on state law asserted that the city was overstepping its authority by enacting the OTMR ordinance because it was impinging on Kentucky Public Service Commission jurisdiction. AT&T attorneys argued that, according to state law, the PSC has exclusive jurisdiction over utility rates and services, but the court found that argument incorrect.

Within the state law, the court found that the OTMR ordinance fell under a carve-out that allows Louisville to retain jurisdiction over its public rights-of-way as a matter of public safety. The ordinance helps limit traffic disruptions by reducing the number of instances trucks and crews need to tend to pole attachments. The court wrote in its Order:

AT&T narrowly characterizes Ordinance No. 21 as one that regulates pole attachments. But the ordinance actually prescribes the “method or manner of encumbering or placing burdens on” public rights-of-way. … It is undisputed that make-ready work can require blocking traffic and sidewalks multiple times to permit multiple crews to perform the same work on the same utility pole…. The one-touch make-ready ordinance requires that all necessary make-ready work be performed by a single crew, lessening the impact of make-ready work on public rights-of-way. … Louisville Metro has an important interest in managing its public rights-of-way to maximize efficiency and enhance public safety. … And Kentucky law preserves the right of cities to regulate public rights-of-way. … Because Ordinance No. 21 regulates public rights-of-way, it is within Louisville Metro’s constitutional authority to enact the ordinance, and [the state law granting authority to the PSC] cannot limit that authority. 

Federal Jurisdiction

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Posted July 27, 2017 by htrostle

Among the rolling hills and mountains of Appalachia sits the small city of Williamstown, Kentucky, in central Grant County. Home to about 3,500 people, Williamstown is the center of connectivity for the county. The city’s fiber provides high-speed connectivity to local businesses, while its long-running cable network keeps folks connected in the town. Williamstown operates a small Fiber-to-the-Home (FTTH) network in the southern half of the county and offers much of the rest of the county fixed wireless service.

Williamstown Cable Center of Connectivity

Roy Osborne, the Superintendent at Williamstown Cable told us how this small town had developed so many different projects throughout the county. Within the town itself, the network is a hybrid fiber-coax (HFC) system that supports speeds from 20 Megabits per second (Mbps) to 100 Mbps download for residents and businesses alike; upload speeds vary from 2 Mbps to 10 Mbps.

For large institutions, Williamstown Cable builds fiber lines to provide reliable, fast connectivity. It serves most county facilities, such as the courthouse and detention center. It even brought a fiber connection to the theme park just outside of town -- the Ark Encounter, based on the biblical story of Noah’s Ark. Osborne recalled the high level of Internet service in the small town surprised the developers. 

The community was not going to let its rural neighbors remain without connectivity. In 2007, the town started a project to bring fixed wireless service to the surrounding county. Williamstown Cable found a way to bring some of the fastest, most reliable Internet service to a small community of Corinth in southern Grant County in 2010. They used federal funding to build a Fiber-to-the-Home (FTTH) network to the 200 people in the town. 

How Williamstown Built So Many Networks

Like many communities, Williamstown started providing services because no one else would invest in their rural sparsely populated area. The department first built a cable system in 1984 to provide television service, connecting the small town residents to the news. Williamstown Cable paid its own way, reinvesting money earned from the television service back into the network...

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Posted July 20, 2017 by lgonzalez

If you weren’t able to make it to the Appalachian Ohio-West Virginia Connectivity Summit in Marietta, Ohio, on July 18th or if you’re just interested in learning more about improving connectivity in rural areas, you can still almost be there. Video of Christopher’s keynote address is available to view.

The event occurred on July 18th at Washington State Community College in Marietta, Ohio. In addition to Christopher’s presentation, there was a panel discussion about community ownership models. Other experts offering information included Marty Newell from the Center for Rural Strategies, Kate Forscey from Public Knowledge, and former chairwoman of the FCC Mignon L. Clyburn, who also spoke at a Town Hall that evening.

For more information on connecting rural America, including the Appalachian regions, check out these resources:

More Resources:

Access Appalachia page - Our page includes federal statistics on broadband availability and federal subsidies for large Internet Service Providers. Find toolkits and detailed maps of 150 counties in Kentucky, Southeast Ohio, and northern West Virginia.

Central Appalachia Broadband Policy Recommendations from the Central Appalachia Regional Network

The Fiber Broadband Association's Community Toolkit from the Fiber Broadband Association

Broadband Planning Primer and Toolkit from the Appalachian Regional Commission

 

Get more information from:

Appalshop of Whitesburg, Kentucky

Blandin Foundation

Common Cause

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Posted July 5, 2017 by christopher

This is the central hub for ILSR’s research on Internet access around the Appalachian United States. We have compiled federal statistics on broadband availability and federal subsidies for large Internet Service Providers. We've created detailed maps of 150 counties in Kentucky, Southeast Ohio, and northern West Virginia.

We've also created Rural Toolkits for Kentucky, Southeast Ohio, and northern West Virginia. These toolkits offer a big picture look at connectivity on a regional and statewide level.  They also provide action steps for folks to learn more and get involved.

Remember these three key details when reading through this information:

Internet access: if you can get online, check email, and browse the web.

Broadband: the Federal Communications Commission (FCC) currently defines this as speed of 25 Mbps download and 3 Mbps upload. 

Fiber-to-the-Home (FTTH): a high-speed fiber-optic connection directly to the home. This type of technology can support speeds of more than 1,000 Megabit-per-second (Mbps).

Appalachia can get better Internet service, but the big companies aren’t going to do it. Cooperatives and small towns are stepping up and delivering world-class Internet service.

Kentucky

kentucky toolkit imageThis information covers the entirety of the state – all 120 counties.

Rural Toolkit: This toolkit provides the basics of how to get started. From what is broadband to the details of federal funding, this toolkit has got you covered. At the back, it includes a statewide fact sheet, which is also available separately.

Statewide Fact Sheet: Did you know that three Internet Service Providers get more than $327 million to spend on rural Kentucky? Did you know that they aren’t required to build high-speed networks offering broadband?

Information for each county in the state can be found in this Dropbox folder. Each county map outlines where there is any form of Internet...

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Posted July 4, 2017 by htrostle

On the border of Tennessee and Kentucky, an electric cooperative looks to a more connected future. The Tri-County Electric Cooperative that operates across state lines is preparing to build a state-of-the-art network for high-speed Internet service throughout Trousdale County, Tennessee. This will be the first year of construction for the cooperative after several years of planning.

Tri-County Electric plans to soon begin services to Trousdale County, the smallest county in Tennessee. Many of the county's 8,000 residents' choice is limited to Comcast and AT&T, and Tri-County Electric's Vice-President and General Manager Paul Thompson noted that people in the county often only subscribe to about 6 Mbps download and 1 Mbps upload. With a steady membership base of 50,000 spread across two states and a close relationship with the county, the electric co-op is in a good position to move forward with the Fiber-to-the-Home (FTTH) project. The cooperative intends to offer an affordable base package that provides faster, more reliable connectivity than what the incumbents are willing to offer the rural communities.

Funding From The Feds

Since 2014, Tri-County Electric Cooperative has actively pursued financing for a FTTH network in the county. The co-op applied for a grant through the Rural Broadband Experiments program managed by the Federal Communications Commission. They did not receive any funding, but the process resulted in a tangible plan.

The process of applying for the grant built up community support for the project and enabled the co-op to identify key assets. As part of the grant application, they noted which census blocks they expected to connect and what community anchor institutions, such as schools, libraries, and government buildings, could be included. The Trousdale County government even passed a resolution giving explicit permission for Tri-County Electric to build and operate a FTTH network. 

Although Tri-County Electric Cooperative did not receive that grant, the co-op continued to pursue different avenues for funding. This year, the co-op received a...

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Posted June 28, 2017 by lgonzalez

One Touch Make Ready (OTMR) policies are recognized as a way to cut down on the expense and the time it takes to deploy fiber optic networks. At least three sizable urban communities have adopted OTMR practices to streamline fiber optic construction and ensure consistent standards. For other communities looking at ways to encourage brisk fiber optic investment, it pays to study the language of OTMR resolutions and policies.

OTMR allows a pre-approved contractor to move cables belonging to more than one entity on one visit to the pole to make room for the new fiber optic cable. This is a departure from the old method, in which each entity takes turns visiting the pole in question to move only their wires. The old approach is time consuming because each entity must take turns in the order in which their wires are installed on the poles. If one entity causes a delay, every other entity that needs to work after them must also wait. What follows is a snowball effect and an entire project can fall far behind schedule.

San Antonio, Texas

San Antonio’s municipal utility, CPS Energy, adopted a broad set of pole attachment standards that include specific requirements for OTMR, including what needs to happen before, during, and after the process.

The standards lay out administrative procedures, technical provisions, and specific provisions for both wired and wireless attachments. It incorporates recommendations from the FCC on how best to expand broadband while also weaving in safety standards from the Occupational Safety and Health Administration (OSHA). In the introduction, CPS Energy writes:

From a holistic perspective, the Standards seek to balance the competing needs and interests of multiple communications providers to access and utilize CPS Energy Poles, while at the same time recognizing that the core purpose and function of these Poles is for CPS Energy’s safe and reliable distribution and delivery of electric services to CPS Energy customers. Hence, any use of CPS Energy’s Poles must at all times ensure the continued operational integrity, safety and reliability of CPS Energy’s Facilities, electric services, personnel and the general public.

You can view the...

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Posted June 21, 2017 by lgonzalez

In order to save public dollars, improve municipal connectivity, and enhance the city’s ability to take advantage of various “Smart City” technologies, Louisville is planning to grow its existing fiber infrastructure. Their plan will take advantage of aspects of the KentuckyWired project to reduce costs. An increasing number of local governments have taken a similar common sense approach and deployed fiber optic Institutional Networks (I-Nets). In addition to cutting telecommunications costs, the infrastructure gives communities the freedom to predict future expenditures and find innovative ways to use publicly owned fiber.

Grow What You Have, Smartly

Louisville already owns a little more than 21 miles of fiber within the downtown business district. Under the Mayor’s proposed budget, $5.4 million would be allocated to add another 97 miles to the network. The estimated cost of the project deployment is low for an urban project because there are locations along the proposed route that overlap with the KentuckyWired project. In those areas, the company that is working with the state, Macquarie Capital, will install the fiber optic cables for Louisville alongside the KentuckyWired infrastructure. Macquarie will deploy both underground and on utility poles. This arrangement greatly reduces the cost for Louisville because they only pay for the materials.

According to the city’s chief of civic innovation, without the contribution of KentuckyWired, the project would have cost more than $15 million.

The network is only meant to serve community anchor institutions, along with municipal and Jefferson County facilities; there are no plans to connect homes or businesses. Louisville could lease excess capacity to Internet Service Providers (ISPs) in the future, which would generate revenue for the community.

In areas where KentuckyWired doesn’t run, such as West Louisville, the city will have to pay the entire cost of deployment. As an example of the savings generated by taking advantage of this larger opportunity, the connection to West Louisville is approximately 7 miles...

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Posted January 11, 2017 by lgonzalez

It’s no small feat to plan, deploy, and operate a municipal citywide Fiber-to-the-Home (FTTH) network, but communities are doing it. We’ve put together a Citywide Municipal FTTH Networks list and a map, with quick facts at your fingertips. If your community is considering such an investment, this list can offer a starting point on discovering similarly situated locations to study.

The list is divided by state and each state heading offers a description of any barriers that exist and a link to the statute in question. Under each community, we also included relevant links such as to the provider’s website, coverage on MuniNetworks.org, and reports or resources about the network.

We used four basic criteria to put a community on our list and map:

  • The network must cover at least 80% of a city.
  • A local government (city, town, or county) owns the infrastructure.
  • It is a Fiber-to-the-Home network.
  • It is in the United States. 

Share the list far and wide and if you know of a community network that meets our criteria that we missed, please let us know. Contact H. Trostle at htrostle@ilsr.org to suggest additions.

Posted December 2, 2016 by lgonzalez

Earlier this spring, Pikeville, Kentucky, released an RFI for partner interest to bring Fiber-to-the-Premises (FTTP) to businesses, community anchor institutions, municipal facilities, and residential properties. The Appalachian community is ready to move forward and recently released its Request for Proposals (RFP) for Partnership for FTTP Network Deployment. Responses are due January 4, 2017.

A Measured Approach

The community wants any potential partners to focus on a project to be executed in phases. This RFP is for Phase One, described as:

Phase One of the City’s multi-stage project will include constructing a fiber backbone in the selected service area—approximately 57 miles of distribution fiber that will pass 2,850 homes, businesses, and other community organizations that represent potential customers. Phase One will also include constructing a network “core” site that will aggregate traffic from the FTTP sites and house the network’s routers that will allow for interconnection with other networks including the network’s “upstream” connection to the Internet. Planning for upstream connectivity is a critical element of the partnership, and will require meaningful coordination between the City, the Partner, and the Commonwealth. 

Eventually, the goal is to deploy a network that will serve the city of Pikeville (pop. 7,000), nearby Coal Run Village, and other areas in Pike County. Pikeville expects to receive grants, but also anticipates contributing to the cost of the project with funds from bonds, loans, or other mechanism. They also state in the RFP that, depending on the type of partnership, they anticipate some sharing of risk and financial contribution from the partner they choose.

Pikeville

The community realizes how critical high-quality connectivity is to the future of the city and the region. Pikeville, the county seat, is in an area that was once famous for coal production. As eastern Kentucky looks for ways to diversify their economy, high-quality Internet access will be a key component. Community leaders expect RFP respondents to include plans that will integrate the state’s...

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Posted November 25, 2016 by Scott

Comcast is the second Internet Service Provider (ISP) suing the mayor and metro government of Nashville, Tennessee (pop. 680,000) to stop a new ordinance to give streamline access to utility poles in the city, reports Cnet.com news.

Comcast’s October lawsuit over the Google Fiber-supported One Touch Make Ready ordinance (OTMR) comes on the heels of AT&T's legal action in late September. We wrote about AT&T’s lawsuit shortly after the filing.

Cnet.com reported that most of the utility poles are owned by Nashville Electric Service (NES) or AT&T, but Comcast has wires on many poles and has control over how these wires are handled. “When Google Fiber wants to attach new wires to a pole, it needs to wait for Comcast to move its wire to make room, and this is where the new ordinance becomes controversial.”

Comcast’s lawsuit, filed in U.S. District Court in the Middle District of Tennessee, contends the AT&T-owned poles fall under the purview of the Federal Communications Commission (FCC) and not the city, and that Nashville Metro Council lacked authority to regulate NES poles, according to a story in the Tennessean newspaper.  The telecommunications carrier is asking for a permanent injunction to stop enforcement of the ordinance. 

Comcast reproduces AT&T's argument in Nashville - that the poles are within federal jurisdiction so the city does not have the authority to enforce such an ordinance.

Reverse Preemption In Louisville

AT&T also filed a suit this past spring in Louisville, Kentucky, to stop the city from implementing a similar ordinance. As in Nashville, the city put the policy in place to encourage new entrants like Google by speeding along a cumbersome and time consuming...

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