The "constant drumbeat" of complaints about poor connectivity pounding from Colorado communities ended with a climactic crash at the polls on Tuesday. Referenda in 47 communities* - 27 cities and towns; 20 counties - all passed overwhelmingly to reclaim local telecommunications authority. 

Staggering Approval

The landslide victory was no surprise. Last year, nine communities asked voters the same issue of whether or not they wanted the ability to make local telecommunications decisions. That right was taken away 10 years ago by SB 152. Two other communities took up the question earlier this year with 75 percent and 92 percent of voters supporting local telecommunications authority.

A few larger communities, such as Boulder, Montrose, and Centennial, presented the issue to the voters and reclaimed local authority in prior years. This year, most of the voting took place in smaller, rural communities where incumbents have little incentive to invest in network upgrades.

This year, results were similar as the majority of voters supported local measures with over 70 percent of ballots cast. In Durango, over 90 percent of voters chose to opt out of restrictive SB 152; Telluride voters affirmed their commitment to local authority when over 93 percent of votes supported measure 2B. Many communities showed support in the mid- and upper- 80th percentile.

Schools Win, Too

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.

Two more communities in Ohio and Colorado are seeking information through broadband feasibility studies.

The Aspen Daily News recently reported that Pitkin County has already completed phase one of its feasibility study. This past spring the primary Internet path coming into Aspen via CenturyLink fiber was severed causing widespread outage for 19 hours. The first half of the feasibility study sought ways to introduce a redundant path.

The first option was a 100 percent fiber solution and a hybrid fiber/microwave solution was proposed as an alternative. For option A, the consultants recommended a fiber backbone along Highway 82 with fiber lines running into Redstone, Marble, and Snowmass. Microwave could serve nearby Fryingpan Valley. Option B would travel the same route but make more use of microwave.

Early cost estimates:

Estimated operating costs for option A would be more than $122,000 per year, while option B would cost just over $92,000 annually. Yearly maintenance costs for the fiber-only model were projected at just under $62,000, and the hybrid model would run more than $123,000.

A survey or residents in several communities in Pitkin County indicated most are not happy with speeds or reliability of current Internet access. Approximately half of the region does not have broadband as defined by the FCC at 25 Mbps download and 3 Mbps upload. 

[One of the consultants] said that according to the survey, customer satisfaction in the area is “significantly low.” It also noted that 34 percent of responders said they run a business out of their home, and an additional 10 percent replied that they will start up an in-house business within the next three years.

Adams relayed that more than half of respondents felt that the county should build some sort of “state-of-the-art communications network.”

“It’s clear that the residents would like to see the county do something,” he said.

This week in Community Broadband networks... partnerships, cooperatives, and going-it-alone. For a background in muni networks, check out this recent article from FiscalNote. The article highlights Kansas and Utah's fight for improving beyond the minimum speeds. 

Speaking of minimum, the FCC announced its new "rock bottom" for regulated broadband speeds. Ars Technica's Jon Brodkin reports that despite AT&T, Verizon, and the National Cable and Telecom Association's protests, ISPs that use government subsidies to build rural broadband networks must provide speeds of at least 10 Mbps for downloads.

Rural Americans should not be left behind those who live in big cities, the FCC announcement today said. "According to recent data, 99 percent of Americans living in urban areas have access to fixed broadband speeds of 10/1, which can accommodate more modern applications and uses. Moreover, the vast majority of urban households are able to subscribe to even faster service," the FCC said.

The FCC plans to offer nearly $1.8 billion a year to carriers willing to expand service to 5 million rural Americans. 

This is a step in the right direction, but we are alarmed to see a download:upload ratio of 10:1. People in rural areas need to upload as well as download - our comments to the FCC strongly recommended raising the upstream threshold as well and we are very disappointed to see that remain a pathetic 1 Mbps.

And, from TechDirt's own "who can you trust if you can't trust the phone company department," Karl Bode found that a study by the AT&T-funded Progressive Policy Institute concluded that if Title II regulations were passed, the nation would be "awash in $15 billion in various new Federal and State taxes and fees. Bode writes that the study cherry-picked and conflated data: