In May, Connecticut’s Public Utility Regulatory Agency (PURA) struck a blow at local authority when the ruled that communities could not use their protected utility pole space for municipal fiber deployment. Big cable and telephone companies cheered, broadband advocates and communities that need better connectivity decided to take action. Now, PURA faces lawsuits that challenge the decision from the Office of Consumer Counsel (OCC), the Connecticut Conference of Municipalities (CCM), and at least three local communities that just want high-quality Internet access.

Long Wait

The focus of the controversy is Connecticut’s Municipal Gain Space Law, which was first established in the early 1900s to guarantee municipalities the ability to hang telegraph wires. The municipal gain space is a location on all utility poles — publicly or privately owned — situated in the public right-of-way. After multiple law suits over the years in which cities and the state typically won, Connecticut’s legislature finally amended the language of the law to allow government entities to use the municipal gain space for “any use” in 2013.

Almost two years ago, we reported on the petition filed by the OCC and the State Broadband Office (SBO) with PURA asking for clarification on the law, which included establishing clear-cut rules on using the municipal gain space for fiber optic deployment. They felt the rules needed cleaning up because some incumbents in Connecticut were still finding ways to thwart competition and stop or delay plans for municipal fiber deployment. 

In addition to using restrictive pole attachment agreements, incumbents were exploiting the lack of definition in the statute to slow make-ready work, question who pays for make-ready work, and generally delay municipal projects. Time is money and losing momentum can drive up the cost of of a project, which in turn erodes a community's will to see it realized.

The Decision in Question

In addition to the petition that the OCC had filed, Frontier, the Communications Workers of America, and the New England Cable and...

Manchester, Connecticut, was the first city in the state to build its own fiber-optic Institutional Network (I-Net). Now, the community has issued a Request for Information (RFI) for Fiber-to-the-Premises (FTTP) of Homes and Businesses. Responses are due by December 6, 2016.

Much To "Gain"

The community took advantage of the “Municipal Gain” Law, which guarantees space on utility poles and conduit to house its I-Net. A private provider took the town to court over the law, which came to a successful resolution in the early 2000s.

As we reported last summer, the Office of Consumer Counsel (OCC) and the State Broadband Office (SBO) sought clarification on the state statute. The question is whether or not the space reserved on utility poles in municipal Rights-of-Way (ROW) can be used for municipal fiber-optic network deployment. While the question seems simple on its face, implementing it has raised a number of questions from pole owners and municipalities. The OCC and SBO filed a petition last summer with the Public Utility Regulatory Agency (PURA) asking for clarification.

Manchester is located in the center of the state just ten miles east of Hartford. The town’s population is approximately 58,000 residents and there are 22,000 parcels in Manchester on its 250 miles of city streets. While it has roots in textiles and the silk industry, it is now home to a number of large shopping outlets and plazas. The community also has a co-working space in the downtown area, Axis901, for entrepreneurs and small businesses.  

Having experienced the benefits of its I-Net, Manchester wants to expand those benefits to businesses and residents, so is exploring the possibilities. According to the RFI:

The Town is interested in a vendor’s perspective of the positive economic development value of their proposal.  Toward this end, information on a Responder's offering will likely result in a dialog with the Town's Board of Director's Broadband Economic Development Subcommittee.

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Every day, community leaders are working to overcome barriers to developing Internet networks. On Monday, April 4, 2016, Chris took part in the Coalition for Local Internet Choice (CLIC) pre-conference panel on Public Perspectives to Partnerships at the Broadband Communities Summit in Austin, Texas. Chris was joined by Gabriel Garcia, Bill Vallee, Jon Gant, and Drew Clark. The panel was moderated by Catherine Rice.

The group discussed strategies, business models, and lessons learned when building a successful public-private partnership (PPP).

Public Perspectives on Partnerships: Lessons Learned and Best Practices

Moderator:

Catharine Rice – Project Director, CLIC

Speakers:

Bill Vallee – Office of Consumer Counsel, State of Connecticut, New Britain, CT

Jon Gant – Director, UC2B

Christopher Mitchell – Community Networks Director, ILSR

Gabriel Garcia – Director, Senior Counsel, General Counsel, Legal Services, CPS Energy, San Antonio, TX

Drew Clark – Chairman and Publisher, BroadbandBreakfast.com

The newly formed Utilities Task Force in the City of Redding, Connecticut, is exploring the potential of bringing fiber connectivity to this rural town of about 9,000 people. Redding is about 65 miles northeast of New York City and just 25 miles north of Stamford.

As part of their feasibility analysis, the task force sent a survey to residents and businesses to gauge interest in bringing a fiber network to Redding. While the analysis is still ongoing, task force board member Susan Clark expressed optimism. “I’ve been energized by how many people have shown interest in this,” Clark told the News Times.

The task force believes if the survey reveals strong interest in the community for the nascent project, private Internet providers would be more inclined to help the community build the network. Community leaders hope that a new fiber network would attract new residents such as “knowledge workers” who depend on reliable, highspeed Internet access that allows them to work from home.

A second member of the task force, Leon Kervelis, told the The Redding Pilot that the task force has hopes the proposed network, if built, could eventually grow beyond Redding: 

“It’s not intended to be a single town project…we’d get several towns together in a conglomerate, and that municipal conglomerate decides procedures and financing for the infrastructure,” he said.

Kervelis also explained the task force’s proposed plan for how to pay for the network, saying residents and businesses would pay a small surcharge on their property taxes, a far cry from current rates:

“The benefit would be significant,” he added. “Some people are already paying $120 a month to the cable company. Compared that to an [estimated] $10 to the town of Redding. For businesses and residents, this would drastically cut the cost of communicating rapidly and instantaneously. This would...