When Fort Collins voters chose to amend their charter last year, they were choosing a path to simplify their ability to improve local connectivity. When Comcast tried to derail the measure to protect their monopoly, community members established a vibrant grassroots effort to overcome the influx of cash and disinformation. Now, Fort Collins is moving ahead after establishing that they intend to issue revenue bonds to develop a municipal fiber optic network.

Big Spending Didn’t Stop The Need

After all the spending was totaled last December, Comcast and CenturyLink under the mask of Priorities First Fort Collins, spent $900,999 to try to defeat measure 2B. The proposal passed anyway and allowed the city to amend its charter. That change allows Fort Collins to issue bonds for telecommunications infrastructure and to take other steps necessary to offer Internet service without taking the issue to the voters a separate time.

Thanks to the efforts of Colin Garfield and Glen Akins and their citizen-led effort to educate and correct Comcast’s disinformation, voters in Fort Collins passed measure 2B. The city opted out of the state’s restrictive SB 152 back in 2015 and voices in the community have advocated for exploration of a publicly owned option for several years. Seems people and businesses in Fort Collins were not able to get the connectivity they needed and incumbents weren’t interested in providing better services.

In Colorado last week, communities held spring elections if they needed to choose elected officials or ask voters to make decisions on local matters. In six rural communities, voters decided to join the almost 120 municipalities and counties around the state that have already voted to opt out of Colorado’s restrictive state law SB 152. Meanwhile, the General Assembly tried to help bring broadband to the state's most rural areas.

A Resounding Yes

In all six towns, the decision to reclaim local telecommunications authority far outpaced the number of voters who voted “no.” In keeping with similar measures we’ve followed during previous elections on this same question, voters want the opportunity to use their own infrastructure to improve connectivity either directly to the public or with a private sector partner. Most communities that put this issue to the voters don’t have a solid plan in place at the time it’s on the ballot, but they understand that opting out of the 2005 law is a necessary step, should they decide in the future to move ahead with a muni or public-private partnership.

The measure always passes and voters usually approve the opt out provision by a wide margin, as was the case on April 3rd. Here’s the tally:

Firestone : Yes 1568 - No 347

Frisco : Yes 634 - No 69

Lake City : Yes 222 - No 18

Limon : Yes 347 - No 92

Lyons : Yes 526 - No 139

Severence : Yes 621 - No 118

Colorado has been abuzz with activity in recent years as local communities reclaim their right to decide how they handle connectivity improvements. The developments have run into resistance from Comcast and other big national ISPs that feel their monopoly threatened. Last fall, Comcast spent close to a million dollars in a failed attempt to defeat a measure in Fort Collins as the city amended its charter to allow it to invest in a municipal network. Before it could take that step, however, the city held a referendum in the fall of 2015 to opt out of SB 152.

Cortez is ready to use its publicly owned infrastructure to begin a Fiber-to-the-Home (FTTH) pilot project. At the March 27th City Council meeting, members unanimously approved fees and rates for the Cortez Community Network Pilot, which marks a shift as the city moves to offer retail Internet access to residents and businesses.

Time To Serve Residents

Earlier this month, General Services Director Rick Smith presented information to the City Council about the pilot at a workshop so they could ask in-depth questions. At the workshop, City Manager Shane Hale described the challenges of finding ISPs willing to offer residential Internet access via Cortez’s fiber infrastructure. “We found that there were very few providers that actually wanted to go Fiber-to-the-Home,” he said. “Homeowners are a lot of work.”

The city’s network has provided open access fiber connectivity to municipal and county facilities, schools, community anchor institutions (CAIs), and downtown businesses for years. They officially launched the network in 2011 after serving public facilities and a few businesses on an as-needed basis. A 2015 expansion brought the network allowed Cortez to offer fiber connectivity to more premises. There are at least seven private sector ISPs using the infrastructure to offer services to local businesses.

The open access model will remain for commercial connections in Cortez, but for now the city plans to operate as a retail ISP for residents who sign up on the pilot program. At the March 27th meeting, the City Council established rates for subscribers, who will pay $150 for installation and $60 per month for 100 Megabits per second (Mbps) for upload and download speeds. Subscribers will also need to rent a GigaCenter Wi-Fi router for $10 per month.

Waiting On The Wings Of The Pilot Program

A bill making its way through the Colorado General Assembly is tackling one of the tools that big incumbent ISPs use to secure their positions as monopoly Internet access providers - the right of first refusal. If HB 1099 passes, and other states see the savvy behind this approach, community leaders and advocates for a competitive broadband market will be able to put a chink in the monopoly armor.

Update: HB 1099 passed the Legislature and the Governor signed the bill into law on April 2nd, 2018. Yay!

A Familiar Story

ISP entrepreneurs, cooperatives that want to offer high-quality Internet access, and entities planning publicly owned projects know the story. Grants are available, usually for an unserved or underserved area that the incumbent DSL provider has ignored. Said entity invests the time and money into developing a plan and applying for the grant, feeling good about the fact that they will likely be able to serve this community that no one else seems to want to serve. 

They apply for the grant, may even receive a preliminary approval, BUT then the incumbent ISP exercises its right of first refusal, which throws a very big wrench into the plans of the ISP entrepreneur, cooperative, or entity.

In June 2017, we interviewed Doug Seacat from Clearnetworx and Deeply Digital in Colorado who told us the story of how his company had applied for and won grant funding through the Colorado Broadband Fund to develop fiber Internet network infrastructure near Ridgway. CenturyLink exercised its right of first refusal, which meant that unless Seacat could change the mind of the board that considered the appeal, CenturyLink would get the funding rather than Clearnetworx.

Spring will be here before we know it. So will local spring action at the voting booth, which for the past several years has meant that communities in Colorado will ask voters to reclaim local telecommunications authority. This year, the folks in Firestone will address the issue on April 3rd.

The Pursuit Of Better Broadband Goes On

Back in 2015, the town located about 30 miles north of Denver commissioned a feasibility study to examine the status of connectivity in the community and provide recommendations moving forward. Being located so close to a large urban center, Firestone has experienced growth which promises to continue. Between the years 2000 and 2010, population jumped from around 2,000 to more than 10,000. Growth is a good thing, but community leaders want to have connectivity to match, so businesses and economic development progresses in a desired direction.

According to the Times Call, consultants who developed the 2015 feasibility study focused on smart city applications for a publicly owned network. The firm also suggested the city pursue a public-private partnership, but before they can pursue that option or provide services themselves, voters need to opt out of SB 152.

At a Board of Trustees meeting in January, Members voted unanimously to put the issue on the spring ballot. 

Cities Reclaim Authority

Like more than one hundred communities before them, Firestone is asking voters to decide whether or not to reclaim local authority after the state legislature took it away in 2005. Lobbyists from the big telephone and cable corporations championed SB 152 in order to limit competition by preventing municipal and local governments from providing advanced services, including Internet access, to the general public. An escape clause was added at the eleventh hour which allows local communities to opt out through local referendums.

When the San Luis Valley Rural Electric Cooperative (SLVREC) decided to invest in fiber for more efficient electrical operations, they also took the first step toward improving Internet access for residents and businesses in Colorado’s San Luis Valley. The cooperative is building a network for both members and local nonmembers in some of Colorado’s least populated and worst connected areas.

Up In The Valley

The San Luis Valley in Colorado is the headwaters of the Rio Grande and a high-altitude basin in south central Colorado. There are more than 8,000 square miles within the Valley, but only about half of that is privately owned. The Rio Grande National Forest and the Great Sand Dunes National Park and Preserve cover large swaths of land that attracts naturalists and people looking for outdoor adventure. Tourists also come to the Valley to enjoy the hot springs. The area was once populated with the Ute Native Americans; Mexican settlers have also played a part in populating the region. Mountain ranges bound the Valley on the west and east sides, luring climbers and campers. Alamosa is the most populous community as the county seat with a little under 10,000 people; Adams State University is located there.

Andrea Oaks-Jaramillo, Marketing and Economic Development Coordinator from SLVREC spoke with us about the co-op's venture into fiber connectivity:

“We want to make sure that people live in this area and are able to work and thrive here. We see a lot of our kids that go out of town for university and college and then don’t return because there isn’t a way to make a good living or to telecommute. That’s not what we want. We want to be able to have a stable and thriving economy while still maintaining what is priceless about living in a rural area.”

All Things Lead To Broadband

In a series of decisions, Loveland, Colorado’s City Council voted earlier this week to take the next step toward developing a municipal broadband network. In addition to allocating funds to develop a business plan, city leadership established an advisory board, accepted task force recommendations, and voted to amended current code to allow the electric utility to handle communications activities.

No Public Vote

The council addressed whether or not to ask voters to approve efforts to establish a municipal broadband network, even though the issue was not part of the agenda. City staff drafted an amendment during the meeting to require a vote, but after prolonged discussion City Council members voted 5-4 against including it.

Last fall, the city of Fort Collins needed to bring the issue before voters in order to amend their charter so community leaders could move forward with a municipal network. After spending more than $900,000 through a bogus citizens group to try to stop the measure, Comcast was unable to persuade Fort Collins to defeat it. Nevertheless, most of Loveland’s council members don’t want a repeat of the expensive hassle in Fort Collins.

Councilman John Fogle said that, prior to the Fort Collins election, he supported the idea of a vote on the issue, but he feels different now. "It's not an even playing field when incumbent industries will spend $900,000 at the drop of the hat to perpetuate ... a monopoly," he said at the February 6th Council meeting.

The Colorado Communications and Utility Alliance has released a new video detailing the urgent need for fast and reliable Internet in rural Colorado. The Alliance argues that Colorado's state and local government can help solve the problem and highlights local initiatives that improved connectivity and drove economic development.

The video profiles Cortez, a small town that has incrementally built an open access fiber network to increase economic vitality while also improving community services, education, and residents’ overall standard of living. It emphasizes the ongoing problems of minimal IT infrastructure investment in rural areas and exorbitant ISP prices for unacceptable speeds. The CEO of Osprey backpacks and bags discusses how the community's fiber network was critical to the company's ability to develop its thriving online business.

The Chief Information Officer of Lincoln Memorial Hospital in Hugo, Colorado, explains the importance of telehealth for aging populations and expresses his frustrations with regional Internet monopolies and restrictive laws.

Just because we’re rural doesn’t mean we should be taken advantage of. The word fair doesn’t even compute at this point, it’s just the right thing to do. And if you’re unwilling to do it, then leave and let someone else come in and help us — or let us help ourselves.

Many communities have begun to do exactly that. Last November, 19 Colorado communities opted out of the restrictive SB 152 law that prevents municipalities from offering advanced telecommunications services to the general public, either on their own or with a partner. Since 2008, almost 123 Colorado local communities have voted to opt out of SB 152.

Now that they have removed the weight of Colorado’s restrictive SB 152, Greeley is looking forward to future solutions to poor Internet access. In a recent letter to the local Tribune, resident Richard Reilly offered three reasons why Greeley should develop a plan to move toward municipal broadband.

Reilly’s points are:

First and foremost, net neutrality must be at the heart of a municipal broadband. As the big Internet Service Providers start to throttle specific websites that compete or offer tiered packages, Greeley must commit itself to net neutrality. One price for full Internet access. Period.

Secondly, speed needs to be a priority. Comcast and the other ISPs have received billions of dollars to build the infrastructure for gigabit speeds. If Greeley can commit to the infrastructure to offer gigabit speeds, other ISPs will struggle to survive in our city — and good riddance.

Thirdly, customer service is key.

Already On Track

Reilly’s suggestion follows the community’s decision last summer to fund a feasibility study. At the time, they expressed a hope that the study might encourage incumbents to offer better rates and services. In addition to better connectivity for the general public, Greeley’s Family and Recreation Center’s poor Internet access interfered with bookings. When the City Council decided to fund the study, they cited economic development as a key factor in finding ways to improve local connectivity.

Local Commitment

Since the City Council’s decision to fund the feasibility study, the FCC has repealed network neutrality protections and is considering lowering the speed definitions of broadband. Reilly writes that Greeley needs to engage in local action:

Greeley is in a unique position to protect its residents from a rogue administration. Despite the fact that a vast majority of Republicans, Democrats and independents support net neutrality rules, the FCC rolled back the regulations meant to protect the freedom to information in this country.