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Businesses in Fort Collins, Colorado, Advocate for Local Authority

As the city of Fort Collins prepares for a November ballot issue seeking to reclaim local telecommunications authority, local business leaders are articulating their support. Walt Lyons, the owner of a Fort Collins-based video production company and member of the Fort Collins Citizens Broadband Committee, believes slow broadband access should be a central priority for this city of more than 150,000:
“This is more important than widening I-25,” Lyons said. “This is not going to make much difference to me because I’m getting ready to retire. But it will make a difference for my kids and my grandchildren. The kinds of places they will work and what they do will depend upon it."
The city has access to many miles of fiber optic networks as Fort Collins is connected to a ring that the Platte River Power Authority (PRPA) built to connect its four partners: Fort Collins, Loveland, Estes Park and Longmont. At present, only government-owned facilities in Fort Collins can use the fiber network.  Because Colorado State University is among the places that can access the PRPA network, the school’s vice president of IT and dean of libraries, Pat Burns, sees firsthand the enormous gap between the broadband speeds he gets at home versus those available on campus:
“The best service you can buy from the private sector, like to a residence in Fort Collins, is not as good as the crappiest service we deliver on the CSU campus,” Burns said. “It just cripples what can be done.”
A number of Colorado communities have voted to reclaim local authority in the past year. A few places, like Rio Blanco County and Firestone, have moved forward with feasibility studies or are already planning for public investment.

More Colorado Communities Will Ask Voters To Reclaim Local Authority

This November 3rd, more than ten communities in Colorado will attempt to escape the local-authority-revoking effects of SB 152 by overriding its restrictions at the polls: Archuleta County, Bayfield, Boulder Valley School District, Durango, Fort Collins, Ignacio, La Plata County, Loveland, Moffat County, Pitkin County, San Juan County, and Silverton.

Many of these communities participated in a $4.1 million fiber infrastructure project which currently provides public entities (municipal buildings, libraries, and schools) with cheap, plentiful Internet access. To determine how to better utilize that existing fiber infrastructure, the Southwest Colorado Council of Governments received a $75,000 regional planning grant. The 10 year old law in question, SB 152, prevents local governments from taking full advantage of local fiber assets by removing local authority to offer any services that compete with incumbents; voters must reclaim that authority through a referendum.

Under the restrictions, localities cannot partner with local ISPs to provide high-speed Internet to community members via publicly owned infrastructure or create municipal FTTH networks. Local government entities must also be careful to not lease too much fiber or risk running afoul of the law. Statewide organizations have worked to amend the law, but without success:

“It’s an obnoxious law that was passed by the industry to protect their monopoly,” said Geoff Wilson, general counsel for the Colorado Municipal League.

The league tried to get the law amended during the 2015 legislative session after hearing from communities across the state about how it was blocking them from improving Internet access for residents.

“The law is designed to protect the provider of inferior service from the local government doing anything about it,” he said.

Fort Collins Local Media Endorses Muni Option

Communities all over Colorado have voted to reclaim local authority during the past year. Even though elected officials in Fort Collins are exploring the municipal network option, the City Council has yet to present the question to voters. Editors at the local news outlet, the Coloradan, recently expressed their support for a municipal broadband network, urging community leaders to let voters decide.

The Editorial Board focuses on the benefits Fort collins can expect from increased economic development, telemedicine capabilities, and relieved congestion from telecommuting. They see Internet access as one of the essential services cities provide such as water and electricity. The Editorial Board notes that city leaders have already budgeted $300,000 to create a strategic plan that includes community broadband.

The Board acknowledges that there are many unanswered questions - funding, cost, motivation for a deployment. Yes, questions need to be answered along the way, but it is time to move forward:

One hurdle is a 2005 state law that bans municipalities from starting their own telecommunications service, however, either a local vote or a federal waiver could override the law.

The time is now to sidestep the ban and approve municipal broadband.