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.

The mayors of 38 US cities came out this week to let the FCC know they want the authority to build high speed Internet networks. Jon Gold with Network World covered the story and reminded readers of the more heavy-handed tactics of our Comcast and TWC. 

Three U.S. senators introduced a Community Broadband Act this week. Mario Trujillo with The Hill reported that the bill would forbid state and local governments from “creating a ‘statute, regulation, or other legal requirement’ that bars communities from creating their own municipal broadband network.”

Kate Cox with the Consumerist broke it down:

“In other words, the Community Broadband Act makes it legal for a town to start a network and illegal for the state to stop them, but doesn’t provide any assistance for towns who want to build networks. It simply gives them the opportunity to pursue their own funding. To that end, the bill specifically encourages public-private partnerships.”

Henry Grabar with Salon wrote about the ideological debate that is “taking the country by storm.” 

Broadband Definition

Jon Brodkin with Ars Technica wrote about the FCC decision to raise the definition of broadband speed: “Tons of AT&T and Verizon customers will no longer have ‘broadband’ tomorrow.” This after the FCC upped the definition of broadband from 4 Mbps to 25 Mbps download speed.