Tag: "barriers"

Posted September 15, 2021 by Jericho Casper

In years past, states have implemented preemptive laws that make it more difficult or impossible for communities to build their own Internet networks. 

These state barriers were often enacted at the behest of large telecom monopolies to limit competition, and include everything from outright bans on municipal broadband networks to oppressive restrictions and requirements which create legal uncertainty for communities attempting to offer telecommunications and Internet services, including via partnerships.

When the Covid-19 pandemic hit the United States in March 2020, there were 19 states maintaining significant restrictions on municipal networks. Today, the number of states upholding these barriers has been reduced to 17. The pandemic served as a turning point in the fight for local authority, and in the past year, Arkansas and Washington adopted legislation significantly rolling back legislative barriers on publicly owned broadband networks. 

In February of 2021, both chambers of the Republican-dominated Arkansas State Legislature voted unanimously to send Senate Bill 74 to State Governor Asa Hutchinson, who signed the bill into law. The legislation grants government entities the authority to provide broadband services and expands the financing options available to municipalities to fund municipal broadband projects.

In May of 2021, Washington State Governor Jay Inslee signed two bills expanding municipal authority to provide retail Internet services to end-users, House Bill 1336 and Senate Bill 5383. Both bills reduce barriers to municipal networks, but House Bill 1336, which completely removes all previously-held restrictions on public broadband in the state of Washington, is expected to take legal precedence.

The recent progress made by Arkansas and Washington is extremely timely as more federal, state, and local funding is...

Read more
Posted July 12, 2021 by Maren Machles

The Institute for Local Self-Reliance has partnered with Southeast Nebraska Development District (SENDD) and the Nebraska Economic Developers Association (NEDA) to present a broadband seminar series to provide education to local elected officials, economic developers and other stakeholders. The series covers everything from the basics of broadband infrastructure and technology to financial models to the longterm benefits of investing in fast, reliable Internet access.

The series was developed by Christopher Mitchell, in collaboration with SENDD and NEDA, and produced and edited by ILSR Senior Researcher and Multimedia Producer Maren Machles.

Episode 1

In the first episode, Christopher introduces broadband technology and terminology, including network basics, infrastructure development, and business models. 

 Episode 2

In the second episode, Christopher is joined by Brent Comstock (CEO and Founder, BCom Solutions), Thomas Magnuson (Geriatric Psychiatrist at University of Nebraska Medical Center), Kyle Arganbright (Mayor of Valentine, NE and Executive Vice President and co-founder of Sandhills State Bank), and Brook Aken (Economic Development Manager, Omaha Public Power District) to discuss the longterm benefits of fast, reliable broadband on everything from economic development to telehealth. 

Episode 3

Christopher is joined by David Young, Chief Information Officer for the City of Lincoln and Lancaster County in the third episode of the series. The two give guidance on state and federal broadband programs as well as barriers, challenges, and solutions for broadband infrastructure deployment.

Episode 4

In the final episode of the series, Christopher interviews Brad...

Read more
Posted May 14, 2021 by Jericho Casper

Update: State Governor Jay Inslee signing two bills amending the same section of state law at the exact same time forced the Washington Secretary of State to seek judicial guidance on which bill will take precedence over the other in the face of legal challenge. It is still unclear if the two bills are compatible; however, in these instances the bills should be filed in the order in which they passed the State Legislature, with the bill filed last taking legal precedence. The Public Broadband Act passed the State Legislature one day after S.B. 5383; therefore, the Public Broadband Act should prevail over the Senate bill (S.B. 5383).

Yesterday, following weeks of anticipation, State Gov. Jay Islee signed the Public Broadband Act (H.B. 1336), removing all restrictions on public broadband in the state of Washington, according to the bill’s primary sponsor, State Rep. Drew Hansen, D-23. This critical leap forward in Washington drops the number of states with laws restricting community broadband to 17.  

Rep. Hansen’s tweet announcing the passage of H.B. 1336:

The bill grants public entities previously restricted by statute from offering retail telecommunications services the unrestricted authority to provide Internet services to end-users. This includes Public Utility Districts (PUDs) and district ports, as well as, towns, second-class cities (defined as those with populations of 1500 or more which have not adopted a city charter) and counties, currently not operating under Washington’s Optional Municipal Code. (Washington’s charter counties, first-class cities...

Read more
Posted April 13, 2021 by Jericho Casper

In the American Rescue Plan Act, Congress and the Biden Administration included a multi-billion dollar appropriation to help expand high-speed Internet access. This guide offers an overview of the different funding opportunities for communities interested in expanding broadband services. As application deadlines vary in some cases and other money must be spent within certain time frames, it is critical for states, municipalities, community organizations, and Tribal governments to start planning initiatives now. 

It’s also worth emphasizing that 18 states still put localities at a disadvantage when it comes to spending anticipated funding effectively by preserving laws that interfere with community investment in broadband infrastructure. Much of this money could also be funneled for other purposes due to a lack of good plans and community engagement. 

The amount of funding flowing into communities is unprecedented. Localities should prepare to spend funds on needed, futureproof infrastructure. This is an historic, once-in-a-lifetime investment in Internet infrastructure and communities who develop a clear, actionable plan and are as ready as possible once the money starts flowing will prosper.

Directory

If you’re a homeowner looking for assistance paying your Internet bill…look to the Emergency Broadband Benefit Program or Homeowner’s Assistance Fund

If you’re an HBCU or Minority-serving institution looking to expand Internet access to your students, or if you’re a minority business enterprise or nonprofit organization in the surrounding community...look to the Connecting Minority Communities Pilot Program.

if you’re a Tribal government, Tribal organization, or Tribal college or university, including native Hawaiian organizations, education programs and native corporations…look to the Tribal Broadband Connectivity Program.

If you’re a city interested in partaking in a public-private partnership…look to the Promote Broadband Expansion Grant Program

If you’re a school or library whose main concern is obtaining remote Internet access devices...look to the Emergency Connectivity Fund.

 

Federal Aid Directly To States, Counties, Localities and Territories

Out of the $1.9 trillion in fiscal relief provided by the...

Read more
Posted April 12, 2021 by Jericho Casper

Though voting was highly conflicted and debates lasted late into Sunday night, H.B. 1336, an act granting public entities unrestricted authority to provide telecommunications and Internet services to end-users, scraped through the Washington State Senate by a vote of 27-22 on April 11. 

If State Governor Jay Islee signs H.B. 1336, Washington will have removed its barriers to municipal networks, leaving just 17 states with deliberate barriers to local Internet choice. “We’re fired up around here,” said the bill’s sponsor, Rep. Drew Hansen, D-23, in an interview. “What a huge deal this is. It undoes 20 years of bad state policies which restricted local governments from offering broadband.”

Washington’s charter counties, first-class cities, and cities operating under Washington’s Optional Municipal Code already have the power to construct telecommunications networks and offer Internet access services to their residents without third-party business overseeing network management operations.

Hansen’s bill would give this authority to the public entities currently restricted by statute from offering retail services. This includes Public Utility Districts (PUDs) and district ports, as well as, towns, second-class cities (defined as those with populations of 1500 or more which have not adopted a city charter) and counties currently not operating under Washington’s Optional Municipal Code. 

Hansen said this about the development:

BREAKING: Wash. Senate just passed my Public Broadband Act (HB1336). Thanks to the parents, teachers, students, public utility districts, tribes, activists, 1000+ people signing in support (!) and more. WE did this; amazing team effort. Public Broadband Now!!!

Washington broadband activists are rallying behind H.B. 1336, as the bill is sure to introduce innovative, community-based Internet access solutions across a state whose rural inhabitants largely have one cable provider...

Read more
Posted March 10, 2021 by Jericho Casper

Though Washington is home to one of the nation’s fastest growing tech hubs, many communities throughout the state lack adequate broadband infrastructure. The stark divide between those Washingtonians with reliable home broadband connections, and those without, became especially relevant last year, when many were forced to rely on their home Internet access for work, school, health, socialization, and much more. 

A year into the pandemic, it seems lawmakers in Olympia are finally waking up to the connectivity issues currently plaguing the state. In January, bills aiming to advance broadband connectivity by allowing public entities to participate in the retail broadband market were presented in the House and Senate of the Washington State Legislature. The two bills have both cleared their respective chambers, and are waiting to be heard in committees of the opposite legislative chamber.

Discussions surrounding the two bills will continue on March 11th, when Washington’s Senate Energy Committee is set to hold a hearing for House Bill 1336, one of two bills being considered (the other is Senate Bill 5383).

Both bills aim to grant public entities, such as Public Utility Districts (PUDs) and ports, the authority to operate as Internet Service Providers (ISPs). Currently PUDs and ports can build broadband networks but must offer wholesale access to private ISPs, and are prohibited from offering direct retail services to residents and businesses. The bills being considered now would allow them to deliver Internet access to Washington residents without a charter or third-party business overseeing network management operations.

While the bills are similar, they possess important differences. At the heart of the dispute between the two proposed laws is a preemption clause included in Senate Bill 5383, sponsored by State Sen. Lisa Wellman. 

Wellman's bill gives incredible veto power to private, incumbent ISPs. SB 5383 would change existing state laws to allow PUDs and ports to offer broadband service directly to residents only if they do not “receive notice from the governor's statewide broadband office that an existing...

Read more
Posted March 9, 2021 by Ry Marcattilio-McCracken

This week on the podcast we're joined by Berin Szoka, President of TechFreedom, to talk about the pressing broadband issues of today and tomorrow. Christopher and Berin share what they see as the biggest barriers to universal, high-quality Internet access today, including the jurisdictional issues facing communities large and small, as well as the regulatory solutions which would facilitate more rapid and efficient infrastructure deployment.

They debate whether we should spend public dollars not just on rural broadband where there are no options, but in town centers with slowly degrading copper networks where monopoly providers have signaled little intent to ever upgrade that infrastructure.

Christopher and Berin then dive into an issue Berin has been working on for the past few years: the Section 230 debate, and what it means for the future of the Internet if content platforms become liable for the third-party content they host.

This show is 51 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed. You can listen to the interview on this page or visit the Community Broadband Bits page.

Read the transcript here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes here or view all episodes in our index.

Subscribe to the Building Local Power podcast, also from the Institute for Local Self-Reliance, on iTunes or ...

Read more
Posted February 16, 2021 by Ry Marcattilio-McCracken

Update: The Community Broadband Action Network (CBAN) notes that it looks like SSB 1184 is dead, having been shelved in committee yesterday. They say the "bill was briefly discussed by a subcommittee of the House Commerce Committee on February 16th, but postponed 'indefinitely.'"

Original story:

Less than a year after an attempt to hamstring municipal broadband in Iowa, local opponents are at it again. If you’ve been around the block, Senate Study Bill 1184 will look remarkably similar to SSB 3009 from last January 2020, and that’s because it’s nearly identical. 

Like its last incarnation, SSB 1184 threatens the viability of any new municipal broadband effort by placing draconian financial barriers in the way, and, if passed, handcuffs existing networks as well as those under construction. Though there are no public fingerprints on the bill, the word around the capitol is that Mediacom is behind it. Among its provisions are those that would:

  • Prohibit cities and towns from issuing loans from the general or reserve fund or an existing electric utility to a broadband division at an interest rate lower than the prevailing market rate set by private financing institutions.
  • Prohibit government entities from forgiving debt related to the construction or operation of a telecommunications system.
  • Set a maximum interest rate at which a municipal broadband utility could borrow to finance a new network, cutting off funding avenues
  • Disallow existing municipal networks from responding to the market in setting rates.
  • Prevent municipal network from bundling multiple city services in single transactions.

Individually, any of these conditions would represent a significant win for a provider looking to restrict competition with cities interested in building Internet infrastructure; collectively, they would be a gigantic step backwards in a state that ranks...

Read more
Posted February 10, 2021 by Ry Marcattilio-McCracken

It’s official. Senate Bill 74 became law last week when Governor Asa Hutchinson signed it, significantly reducing (but not completely removing) barriers to municipal broadband in the state of Arkansas, with both chambers voting unanimously in approval of the legislation. While the legislation doesn’t completely eliminate existing barriers to municipal broadband in the state, we consider it an historic moment and a significant step forward.

The central win in SB 74 is that it allows government entities “to acquire, construct, furnish, or equip facilities for the provision of voice services, data services, broadband services, video services, or wireless telecommunications services” so long as they “partner, contract, or otherwise affiliate with an entity that is experienced in the operation of the facilities,” as well as conduct due diligence, and provide ten-days’ notice and hold a public hearing.

Importantly, it also allows municipalities to issue general obligation bonds or impose special taxes to do so; prior, they could only do so after acquiring third-party funding through grants or loans. Finally, the legislation also expands the emergency provisions clause to include health and public safety operations.

SB 74 was first filed in early January, making its way through the Agriculture, Forestry, and Economic Development Committee before returning to the floor in the third week of the month. There it was amended once more to remove language expressly permitting municipalities from construction, owning, and operating broadband networks, leaving the law a bit unclear where local authority ends. We, along with the Coalition for Local Internet Choice, take this to mean that municipalities without electric utilities that try build communications facilities to do retail service could run into some legal challenges. On the whole however, SB 74 remains a significant win for municipalities to pursue projects. 

Director of Community Broadband Networks Christopher Mitchell had this to say:

We are excited to see Arkansas encourage more investment in its communities by its communities. Between the electric cooperatives and the potential for community networks and partnerships, local businesses and residents will soon be seeing much better...

Read more
Posted January 25, 2021 by Ry Marcattilio-McCracken

In our year-end roundup and prediction show on the Community Broadband Bits podcast last month, the more optimistic members of the team predicted that 2021 would see some states remove barriers to municipal broadband. 

It looks like in a few places momentum might be headed in that direction. Last week we wrote about a bill in Arkansas that would remove almost all barriers in the state, allowing political subdivisions and consolidated utility districts to pursue projects on their own and without external grants. 

New legislation in Washington looks similarly promising. On Thursday, January 21st, House Bill 1336 was introduced [pdf], removing specific barriers which currently prevent Public Utility Districts (PUDs) from delivering broadband service on a retail basis. Currently, PUDs are only able to offer unrestricted broadband on a wholesale basis through a dark fiber or open access network. Under certain conditions PUDs can offer retail service, but only if an existing Internet Service Provider (ISP) leasing that PUD infrastructure ceases operations, and even then, they are only allowed to do so as long as no other private ISP steps up to offer retail service. In the interim, PUDs can provide service for a maximum of five months and must, within thirty days, begin the process of finding a replacement.

The new law removes that barrier, and not only allows PUDs to construct and operate retail broadband networks inside their existing territory, but outside as well. In addition, it establishes that PUDs can work with federally recognized tribes to construct infrastructure. 

Bipartisan Approach

The co-sponsors of the bill have staked out different rationales for removing the restrictions, with Drew Hansen calling for broadband to operate as a public utility and Alex Ybarra more concerned with the unconnected pockets of Washingtonians left by the private ISPs. Bill co-sponsor Alex Ybarra told the Washington State Wire:

We knew prior to...

Read more
Subscribe to barriers