This November, more Colorado towns and counties will be voting on whether to opt out of the 12-year-old SB 152, a state law that restricts broadband development. 

Sweeping Out the Old

Senate Bill 152 has hindered communities’ ability to invest in Internet infrastructure and provide service themselves or with private sector partners. Many communities are realizing that national carriers can’t be relied on to provide high-quality Internet access. To date, at least 98 communities across the state of Colorado have voted to reclaim local telecommunications authority by opting out of SB 152; a handful are considering actually pursuing a publicly owned network. 

Opening the Door for Options 

For some towns and counties, the ballot question is simply a way to keep their options open and to reclaim local authority that the state took away in 2005. As we’ve seen in Westminister, Maryland, public-private partnerships can be a great option for communities. Being out from under SB 152 will allow these municipalities to explore high-quality network options if the opportunity arises. Additionally, when towns give themselves the ability to explore new providers and different models, current ISPs tend to take notice and adapt accordingly. Beyond these options and ripple effects from shedding SB 152, some towns simply want autonomy and freedom from sweeping state regulation. 

In Eagle County, they recognize climbing out from under SB 152 will allow them to consider more substantial steps for taking back local power and implementing a high-speed network. They’ve yet to conduct any feasibility studies but in their yearly Legislative Policy Statement they made it clear that they’re motivated to improve connectivity. 

Ushering in the New 

With election season fast approaching, Fort Collins is buzzing with the possibility of municipal broadband entering the quaint Colorado town. In addition to talk among neighbors, advocates supporting the measure are expressing themselves with letters to the local media.

If ballot measure 2B is voted through, it would allow the city charter to be amended to include high-speed Internet as a municipal utility. It’s been two years since Fort Collins and other Colorado communities opted out of SB 152. And this November they’ll vote on whether municipal broadband should be an option for their community.

Talk of Muni Broadband Bubbles Up

Recent op-eds have raised the ballot issue and unflinchingly come down in support for municipal broadband. Zach Shelton, a Fort Collins dentist explained in his piece that

In order to continue to grow and facilitate healthy families and communities, we must have access to reliable and fast Internet that can connect our medical record system and servers between offices. Broadband is the glue that connects all of us in the medical field and has increasingly become an equally important tool in our doctor bag.

David Austin-Groen admits his initial apathy to the municipal broadband debate, but concedes, finding foresight, and gets right to the heart of the problem:

We simply cannot rely on the private sector to provide this service, if they ever do, and we certainly can’t live on hope that they will act in the community's best interest.

Community members and organizations have begun a lively debate over the issue. The Citizens Broadband Coalition is actively advocating for a yes vote on the ballot measure. Colorado State University recently hosted a presentation and panel discussion that shed light on both sides of the debate.

The Fort Collins’ ballot measure that could amend the City Charter allowing high-speed Internet to become a municipal utility moves forward after a short legal scuffle. The question will be decided at the November 7th special election.

Failed Legal Petition

After the language of the ballot question was released following approval by City Hall, local activist Eric Sutherland filed a petition with Larimer County. Sutherland — well known for his numerous petitions wagered against the city, county and school district— claimed that the language “failed to consider the public confusion that might be caused by misleading language”. Sutherland also insisted the proposed City Charter Amendment isn’t legal under the Taxpayer's Bill of Rights (TABOR) amendment to the State Constitution. TABOR requires local governments to get voter approval to raise tax rates or spend revenue collected under existing tax rates. 

Attorneys representing the city of Fort Collins rejected Sutherland’s claims and maintained that the amendment isn’t covered by TABOR. A utility does not require voter approval to issue debt because it is legally defined as an enterprise, a government-owned business. Moreover, Fort Collins Chief Financial Officer Mike Beckstead testified that the bonds would be backed by utility ratepayers, not tax revenue. City Council explained in a statement that they included the $150 million-dollar figure in the ballot language in an effort to maintain transparency and show the level of commitment a broadband utility could require from the municipality. By including the dollar amount in the ballot language, the Charter would also establish a limit on any debt.

The town of Erie, Colorado Board of Trustees has commissioned a consulting firm to conduct a $65,000 Municipal Broadband Assessment and Feasibility Study. The vote allocated funds to explore options for the town’s growing connectivity needs of residents, local businesses, and municipal services. 

Planning For The Future

According to the Request for Proposals (RFP) for the Municipal Broadband Assessment and Feasibility Study, the consulting firm will conduct a survey to measure local support for the town to invest in a community owned fiber optic network. In 2012, Erie conducted a similar residential survey, which reported that “63% of residents supported or somewhat supported efforts” for telecommunications projects.

Erie is situated in both Weld and Boulder County and is just 20 minutes northwest of Denver. According to the Town of Erie’s 2017 Community Profile, the current population is approximately 25,000 residents with over 7,000 homes but local officials expect both to grow over the next five years. By 2020, community leaders expect the population to increase by 10,000 and the number of homes to increase by more than 50 percent.

Opting Out Comes First

Before Erie can make investments in publicly owned Internet infrastructure, voters must pass a referendum to opt-out of Colorado Senate Bill 152, which prohibits local governments from either supporting directly or indirectly any advancement of telecommunication services to subscribers. Eagle County and the city of Alamosa are both putting forth an SB 152 opt-out question to a vote this fall.

It’s been almost two years since 82 percent of Loveland voters chose to opt out of Colorado’s restrictive SB 152. Last fall, the community started working with a consultant on a feasibility study and now, residents and businesses are being asked to complete a second survey to gauge interest in the potential for connectivity offered by the city.

One Step At A Time

Loveland, a community of about 69,000 people in the southeast corner of the state, completed a survey last year, which revealed that 56 percent of residents and 37 percent of businesses feel incumbents are not meeting their connectivity needs. Affordability is a big factor for both sectors with lack of capacity and reliability following close behind. Residents reported they were also unhappy with customer service. Within both sets of respondents, a high percentage showed interest in obtaining service directly from the city or from a private provider working with the city.

This summer, the city released an RFP, hoping to elicit interest from the private sector for potential partners to help them develop a municipal fiber network. Read the full text of the RFP here.

Many premises in Loveland subscribe to cable from Comcast, which faces little or no competition from services other than DSL at much slower speeds. Resident Roger Ison wrote to the Reporter Herald recently encouraging residents and business owners to participate in the survey:

Comcast reaches enough Lovelanders to set the market price for high-speed service here. Competition and citywide access are inadequate because no other competitor has deployed a modern, high-performance network that reaches most potential subscribers.  

Early last year, the city of Steamboat Springs in Colorado took advantage of an opportunity to expand from an earlier public infrastructure investment. A state grant has allowed them to connect five community anchor institutions for better connectivity and cost savings.

Partners In Progress

In 2016, the Colorado Department of Local Affairs (DOLA) awarded the community $748,000 toward the cost of a fiber backbone across the length of the city. In order to complete funding for the $2.22 million project, the city and its other partners, the Steamboat Springs School District, Routt County, Colorado Mountain College, Yampa Valley Electric Association (YVEA), and Yampa Valley Medical District contributed matching funding.

Five community anchor institutions (CAIs) are now connected to the backbone, including the local U.S. Forest Service and Colorado Parks and Wildlife offices, the YVEA offices, and the school district building. The school district is also housing the communities publicly owned Carrier Neutral Location (CNL), which the city created in 2014.

The CNL Started It All

The CNL is a space owned by a neutral party - in this case the Steambot Springs School District city of Steamboat Springs - where broadband providers can connect to each other. Middle mile and last mile providers can connect to each other in these “meet-me rooms.” The partners in Steamboat Springs are saving because they’re paying less for bandwidth and, because the school district is hosting the meet-me room, there is no need to pay for a separate facility. In Steamboat Springs, Northwest Colorado Broadband connects with Mammoth Networks.

Community leaders hope the presence of the CNL and the fiber backbone will attract last mile providers to invest in Steamboat Springs so residents and businesses can obtain better connectivity in the future. 

As predicted, more Colorado communities are opting out of the state’s restrictive SB 152 that removed local telecommunications authority in 2005. Two more communities have decided to put the question to voters this fall in order to take the reins and reclaim local control.

Eagle County

There are about 53,000 people living in Eagle County, located in the northwest section of the state. The County Commission had considered taking the matter to the voters last fall, but considered the ballot too full with other measures. The town of Red Cliff within Eagle County voted to opt out of the law in 2014. County officials have included telecommunications in their legislative policy statement supporting their intent to reclaim local authority and bringing better connectivity to both urban and rural areas of the county.

Eagle County encompasses 1,692 square miles; much of that is managed by the Bureau of Land Management. There are several national protected areas within the county. They haven’t established a plan to invest in publicly owned Internet infrastructure, but first want to deal with the issue of opting out of SB 152.

City of Alamosa

Alamosa, county seat of Alamosa County, is also planning on bringing the issue to voters this fall. Like many other communities that have voted to opt out, Alamosa doesn’t have specific plans to invest in infrastructure yet, but they want to have all options on the table. 

They’re interested in using existing city owned dark fiber and conduit and exploring possible public-private partnerships, but they’ve not ruled out offering direct services. In a few of the public areas, Alamosa intends to offer free Wi-Fi while they look into possible solutions.

Alamosa is in south central Colorado and home to approximately 8,800 people. The climate is a cold desert where the Rio Grande River passes through town. More than half of county residents live in the city.

Joining An Ever Expanding List

Longmont, Colorado, shows off its award-winning fiber network through a series of short videos. On July 18th, Longmont’s NextLight network took home an award from the National Association of Telecommunications Officers and Advisors (NATOA). The network won 2017 Community Networks Project of the Year. 

A Network For the Whole City

The city of Longmont started actively building this Fiber-to-the-Home (FTTH) network back in 2014. Now, nearly all of the 90,000 residents of Longmont can get gigabit (1,000 Mbps) service. These videos walk residents through construction, from putting fiber and conduit in the ground to installing it in the home. 

These short (2- to 3-minute) videos encourage folks to learn about the process so that they know exactly what to expect. Residents might not realize that some equipment has to be installed in the house or that the process involves putting fiber underground through the streets. Watch the playlist below:

Sharing information about the fabulous work by communities investing in publicly owned Internet infrastructure is a full-time job. So is correcting the misinformation spread by national providers trying to undermine that important work. Fortunately, there are people with firsthand knowledge of those inaccuracies who can set the record straight.

It Started As A Simple Question

A recent post on Reddit shows an email exchange between the Senior Director of Government and Regulatory Affairs at Comcast and the General Manager at NextLight in Longmont, Colorado. The email started when a resident from Fort Collins sent a message to the city council. Fort Collins is looking at better connectivity and researching their options. 

The Fort Collins City Council forwarded those questions to Comcast and asked some one at the company to explain the difference between their gigabit connectivity and the gigabit service offered by NextLight, the municipal network in Longmont. As can be expected, Comcast’s representative replied with a long list of inaccuracies and outright falsities. In addition to claiming that Longmont’s service adds charges where it does not, Comcast’s rep tries to convince the Fort Collins City Council that NextLight’s service is inferior, but the fact show otherwise. 

Fortunately, the email found its way to General Manager at NextLight Tom Roiniotis, who made the time to correct the misinterpretations. As is often the case in the “webiverse,” the email with accurate information found its way to Reddit.

The post, cleverly titled “GM drops the mic on the Comcast rep” is here, but we’ve also republished it. For some testimonies on Longmont’s NextLight service, check out the comments on the Reddit thread.

ON REDDIT: