Tag: "law"

Posted May 14, 2021 by Jericho Casper

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, and cities operating under the state’s Optional Municipal Code already had the power to construct telecommunications networks and offer Internet access services to their residents, without a third-party business overseeing network management operations.)

Before the Public Broadband Act was signed into law, Gov. Islee partially vetoed a section from an amendment proposed by Sen. Shelly Short, R-7, which added requirements for public entities to comply with Washington’s Growth Management Act (GMA). Under GMA, all Washington cities and counties must “designate natural resource lands (including those related to forestry, agriculture, fisheries, and mining) and identify steps to preserve them,” according to...

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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...

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Posted November 11, 2020 by Sean Gonsalves

As the nation’s eyes are riveted on the political divide in Georgia and the implications it has for the balance of power in the U.S. Senate, many state residents are also keeping an eye on the digital divide in the Peach State with an aim to expand broadband service to rural residents.

Georgia’s not-for-profit, member-owned electric membership cooperatives (EMCs) are promoting a new “Georgia Solution” to bring more broadband connectivity to the state’s rural regions.

That’s what the statewide trade association representing Georgia’s 41 electric cooperatives is calling its unique “roll out the red carpet” initiative as they hope to lure private Internet Service Providers (ISPs) to expand broadband service now that state lawmakers passed the Georgia Broadband Opportunity Act during the 2020 Georgia General Assembly.

The law, signed by Governor Brian Kemp in August, authorizes the Georgia Public Service Commission (PSC) to set “rates, terms, and conditions for pole attachments between communications service providers and electric membership corporations and their broadband affiliates.”

Filed on October 23 with the state’s PSC to consider for approval, the “Georgia Solution,” aims to entice private ISPs with two “generous and unprecedented offers” -- the “One Buck Deal” and the “Georgia One-Touch-Make-Ready Program.”

Two-Part “Georgia Solution”

The “One Buck Deal” is a financial incentive in which the EMCs will “forego recovering a fair share of their costs to own and maintain … EMC utility poles, and instead charge these broadband providers just one dollar, per pole, per year to attach their wires and cables to the pole.” The offer would be available to any qualified broadband providers that will deliver new high-speed Internet service in unserved EMC regions, which covers 73% of the state’s land area, providing electricity to 4.4 million residents, or nearly half of Georgia’s population.

That one dollar, per pole, per year “introductory rate” would last for five...

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Posted August 6, 2020 by Ry Marcattilio-McCracken

Cooperatives have been doing a lot over the last few months to advance connectivity efforts around the country. That trend is continuing in Virginia, where Prince George Electric Cooperative (PGEC) and Northern Neck Electric Cooperative (NNEC) have announced partnerships with utility provider Dominion Energy to expand broadband access to thousands living and working in rural areas in the state. 

The two projects represent over nearly $32 million in total investment, with money coming from the counties, the electric cooperatives, the investor-owned utility, and the state. 

Innovative Partnerships 

The first-of-its-kind agreement between PGEC and Dominion Energy was originally announced last February, and aimed at a combined 6,700 residents in Surry County. Dominion will serve as the middle-mile provider, and is already installing fiber as part of upgrades to its grid management. It will lease that fiber to RURALBAND, PGEC’s broadband subsidiary, which will then be responsible for building last-mile connections to homes and businesses and acting as the retail service provider. 2,200 of those receiving Fiber-to-the-Home (FTTH) connections will be existing customers of PGEC, with the other 4,500 customers of Dominion. In total, the project is projected to cost between $16 and $18 million. 

“This partnership brings rural Surry County into the modern communications age, bridging a vital utility gap through reliable high-speed broadband services to residents and businesses, essential to Surry’s social and economic prosperity,” said Surry’s Acting County Administrator Melissa Rollins in a press release.

The second project, announced at the end of July, will take place in the Northern Neck region and include King George, Northumberland, Richmond, and Westmoreland counties. Currently, those living on the southern shore of the peninsula are worst off,...

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