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.

A recent Michigan Bar Journal article by attorney Michael J. Watza, The Internet and Municipal Broadband Systems, provides a quick look at the FCC's Open Internet Order [PDF], the recent ruling on state barriers to municipal networks, and how the two may intertwine in Michigan. Watza's three-pager is a great resource for community groups, legislators, and advocates who want to share necessary information without overwhelming the reader.

In addition to providing summaries of each order, Watza offers hope for places that lack the Internet access they need to prosper. He acknowledges Michigan's first gigabit municipal network in Sebewaing and mentions the possibility of public private partnerships. Having worked with Michigan municipalities on telecommunications issues, he knows that other communities in the Great Lakes State also have their eyes on the future:

However, many communities interested in building their own broadband systems have been stymied by state laws written by and for the influential provider industry that either barred such systems or imposed onerous conditions on them. Michigan is one of a couple dozen states with these laws. By striking down such laws, the FCC has authorized and encouraged a significant economic tool for these communities. And perhaps most importantly, by freeing these communities to build on their own or partner with high-speed, low-cost, Internet-friendly private partners like Google (which has been actively pursuing such systems when incumbent monopoly providers have not), it is clear that the FCC is aggressively supporting rate control by the best alternative option in a free market: competition!

In July, the city of Albany, NY released a Request for Proposals (RFP) seeking qualified consulting firms to conduct a feasibility study for a municipal broadband service. As the RFP states, the study will look to develop strategies, find gaps in service and adoption, and develop a business plan to explore partnerships between the city and private ISPs.

According to Broadband Communities magazine, a working group comprised of several important community organizations and business groups in Albany will help to steer plans for the possible municipal broadband initiative. Jeff Mirel, a technology professional in Albany and a member of the working group, explains the group’s goals for the feasibility study:

“The first step is asking the right questions, which is what we want this study to do. What are the real broadband needs and issues that both businesses and residents experience here? Is it infrastructure, technology, education, affordability? How do we address the gaps to not only keep and attract companies, but bring these employers and a connected local workforce together? By taking a deep, comprehensive look at broadband access and usability, along with best practices, we can move towards meaningful, actionable strategies.”

This news out of Albany, a city of about 100,000 people, comes as major gaps persist in high speed broadband access in many parts of the state. FreeNet, Albany’s free wireless network, received a $625K state grant in 2009 earmarked to expand its service. But neither FreeNet nor Time Warner Cable and Verizon, the two biggest providers of broadband service in Albany, provides the fast, affordable, reliable connectivity a municipal fiber-based network could provide. 

After several years of planning, deployment, and the formation of a partnership with Ting, Westminster's fiber network is now serving its citizens. In August, local CPA Tim Redmond and his wife Allison were the first to get gigabit Internet access, according to a Ting press release.

Apparently, Redmond has been waiting for some time to be able to access such speeds online:

Redmond has followed along with Westminster’s efforts to get the gig for city residents. He first learned of gigabit fiber Internet coming to town in a pretty low-tech way. “We got our water bill and there was an enclosure. It described that fiber optic Internet was coming to Westminster” and introduced Ting Internet as the service provider for Westminster.

It was welcome news; Redmond has been following fiber since his college days when Verizon started to push FiOS in Baltimore. When it became clear that big providers aren’t willing to go anywhere but a major metro, he became despondent. OK, despondent might be a slight overstatement. “I was bummed,” is what he actually said.

Redmond first used his new gig Internet access to fire up his computer and telecommute to his office. Like many residents in Westminster, he will use the network to do more of the same - something he could only wish for prior to the city's initiative to bring publicly owned infrastructure to town.

Listen to Chris interview Dr. Robert Wack, the man who spearheaded the initiative, in episode #100, and Tucows CEO Elliot Noss, parent company of Ting, in episode #134 of the Community Broadband Bits podcast.

In a September 9th speech to the National Association of Telecommunications Officers and Advisors (NATOA), Gigi Sohn, Counselor to the Chairman at the FCC, encouraged government officials to build their own networks. She told attendees at the annual conference in San Diego:

Without question, the landscape is changing for local governments, but in a good way. Most significantly, the future is not in cable, but in broadband. Even the cable operators acknowledge this.

Rather than wait for incumbent ISPs to build the network your cities want and need, you can take control of your own broadband futures. Rather than thinking of yourselves as taxers and regulators, which has been the traditional role, you can think of yourselves as facilitators of the kind of services you’ve been begging the incumbents to provide for years.

This is incredibly exciting, and I’m sure somewhat frightening. But the new model for local governments looks to benefit their citizens through externalities, not direct revenues. 

Sohn referred to networks in Sandy, Oregon, where gigabit connectivity is available for approximately $60 per month. She also mentioned the increasing role of partnerships like the one between Westminster, Maryland and Ting. Sohn commented on the changing approach at the FCC:

We are making changes of our own at the FCC to reflect the shifting broadband landscape and make sure that we seize the new opportunities and mitigate the challenges. For example, we pre-empted restrictions on community broadband in response to petitions from community broadband providers in Tennessee and North Carolina.

Read more of Sohn's speech online at the FCC website.

The National Association of Telecommunications Officers and Advisors (NATOA) recently named the public private partnership (P3) between the City of Westminster, MD and Ting Inc. as 2015’s “Community Broadband Innovative Partnership of the Year.”  NATOA will officially honor the partnership at their Community Broadband Awards ceremony in San Diego this week.  

In a press release NATOA praised the P3 “...for showcasing an entirely new approach in public private partnerships to reach the common goal of bringing next generation fiber broadband to communities while demonstrating the possibility of creative solutions.”  In Ting’s own press release announcing the award, they described their unique arrangement as private partners in Westminster’s initiative aimed at providing their rural community of more than 18,000 people with blazing fast fiber internet service:

“We have agreed to an open access model. For a period of time at launch, Ting will be both the exclusive network operator and the exclusive service provider. After that, while we will maintain the exclusive role of network operator, we will open up the network to competitive service providers. That gives Westminster the dual benefits of stability and competition. They know that the network will be managed competently by one closely managed relationship. They also know that their businesses and residents will benefit from having many providers competing to offer them the best service at the best price.”

Six years after an initial feasibility study was conducted to assess bringing broadband to Renville and Sibley Counties in southeastern Minnesota, members of the RS Fiber Cooperative board were finally able to dust off their shovels for a groundbreaking ceremony on July 9. Although those shovels may have ended up being more symbolic than they were practical, the ceremony marked an important and long-awaited step in the fight to extend broadband to 10 cities and 17 rural townships across the largely agricultural region.

The groundbreaking ceremony marked the start of stage one of a two-stage project that will take five to six years to complete. By the end of 2015, the RS (Renville-Sibley) Fiber Cooperative plans to connect 1,600 homes and businesses with fiber, with 90 percent of its service area covered by high-speed wireless. It hopes to connect another 2,600 homes and businesses by the end of 2016, with the eventual goal of reaching 6,200 potential customers. At the event, Toby Brummer, RS Fiber General Manager, highlighted the importance of broadband Internet to rural development:

This technology is to this generation what rural electric and rural telephone was to generations years ago.

The RS Fiber Cooperative is member-owned and member-driven, led by a Joint Powers Board that formed in 2009. In order to provide FTTH to the rural locations across the two counties, the cooperative partnered with a network operator, Hiawatha Broadband Communications, that already serves 17 communities in southeast Minnesota. RS Fiber will offer residential Internet speeds up to 1 gigabit for $129.95. It will also connect schools, bolster home and farm security systems, and even facilitate high school sports broadcasts and telemedicine initiatives.

Hamilton, Ohio, has entered into a partnership with local firm, CenterGrid, to use city-owned fiber to boost economic development. The firm will offer Internet access and data transport to local businesses via existing infrastructure as the two enter into a five-year pilot project agreement, reports the Journal-News.

The city's business incubator, the Hamilton Mill, is the initial pilot site where emerging businesses are already receiving high-speed connectivity:

“As the initial pilot site, CenterGrid’s service has resulted in the Mill receiving network connectivity that is better than 83 percent of Internet connections throughout the US — that is huge,” Chris Lawson, executive director of the Hamilton Mill said. “For the types of companies that we are attracting, this level of connectivity is imperative for them to be successful.”

A press release from CenterGrid describes rates as economical, competitive, and determined by individual business requirements. According to the press release, entrepreneurs at The Mill are already taking advantage of the service:

"We've wanted a better high-speed internet option for quite some time. Now having something locally provided by the City of Hamilton and CenterGrid makes the idea that much more appealing. This high-speed circuit will allow us to transform our IT infrastructure and deliver value to our business," said Jon Corrado, IT Director at Tedia.

In 2014, the community of Hamilton connected local schools to city fiber allowing them to obtain Internet access from the Southwest Ohio Computer Association Council of Governments (SWOCA-COG). That opportunity decreased school connectivity costs while increasing bandwidth.

Santa Cruz, California, and its 62,000 people with poor Internet connectivity near Silicon Valley, could be one of the larger municipalities to develop a citywide fiber network. The Santa Cruz Fiber project, which was announced on June 24, 2015, would be an open-access public private partnership (PPP) with the city constructing the network and a private company, Cruzio, serving as network operator. The plans are preliminary, but the announcement highlighted the project’s emphasis on local ownership: 

“A locally-owned, next-generation broadband network operated openly and independently and built for Santa Cruz, [the Santa Cruz Fiber Project] is uniquely tailored to fit the diverse needs of the Santa Cruz community.” 

Cruzio is one of the oldest and largest Internet service providers in California. Completely locally-owned and staffed, Cruzio is rooted in Santa Cruz County. The company’s name perfectly describes it. Cruz- from Santa Cruz and -io from I/O (Input/Output, communication between an information processing system and the rest of the world).  Our Christopher Mitchell is gushing over the name and says: “I seriously love it.”

Fiber is not a new commodity in Santa Cruz. Since 2011, Cruzio has installed fiber in several of its projects, and the fiber has wooed some 30 entrepreneurs and solo practitioners to stay in the downtown area at the Cruzio Works, a co-working space. Last November, Central Coast Broadband Consortium commissioned a study of the fiber networks in Santa Cruz (paid for with a grant from the California Public Utilities commission). They discovered more fiber under the city of Santa Cruz than in any other city in the counties of Santa Cruz, Monterey, and San Benito. Unfortunately much of it belonged to incumbent providers like Comcast and AT&T who are loath to lease dark fiber or make affordable fiber connections available to local businesses and residents. 

Is your community considering a public private partnership to improve connectivity for businesses and residents? Will you be attending the Broadband Communities Economic Development Conference in Lexington this September? If you answered 'yes' to those two questions, you should attend CLIC's half-day event on Friday, September 18th.

Spend the morning breakfasting with telecommunication attorney Jim Baller and Joanne Hovis from CLIC along with Maura Corbett, CEO of Glen Echo Group and Heather Gold, CEO of FTTH Council Americas.

The rest of the agenda from a CLIC email invitation:

An Extensive CLIC Paper on the Key Business and Legal Issues in Public-Private Partnerships :

Moderator: Jim Baller - President, CLIC

Speakers:

• Joanne Hovis - CEO, CLIC
• Ashley Stelfox - Associate Legal Counsel, CLIC

The Private Sector’s Perspective :

Speakers:

• Elliot Noss - CEO, Ting Fiber Internet
• Bob Nichols - President, Declaration Networks Group
• Levi Dinkla – Vice President & Chief Operating Officer, iTV-3
• Steve Biggerstaff – Founding President, Director & Advisor, Metronet
• Nicholas Hann – Senior Managing Director, Macquarie Capital/Macquarie Group Ltd.

The Public Sector’s Perspective :

Moderator: Catharine Rice - Project Director, CLIC

Speakers:

• Robert Wack - President, City Council, Westminster, MD
• Scott Shapiro - Senior Advisor, The Mayor’s Office, City of Lexington, Kentucky
• Jon Gant – Director, UC2B