In light of the recent announcement, community leaders in Maryland and Kansas are rallying behind the FCC as it considers its authority under Section 706 of the 1996 Telecommunications Act. In a show of support, the Westminster Mayor and Common Council passed Resolution 14-01, a statement in support of restoring and preserving local authority to build networks. Twelve hundred miles away in Chanute, the City Commission took the same action with Resolution 2014-17.

Readers will remember Westminster as the central Maryland town that has carefully progressed forward in realizing better connectivity. The community recently approved a fiber pilot project as a way to test the water. Our contact in Westminster, Dr. Robert Wack, reported that interest in the network has blossomed even before the start of construction. The network has already attracted one new employer from New York.

Our 2012 case study, Chanute’s Gig: One Rural Kansas Community’s Tradition of Innovation Led to a Gigabit and Ubiquitous Wireless Coverage, tells the story of how the community incrementally built a world-class network. Without borrowing or bonding, Chanute's next-generation fiber network has enhanced education, economic development, and saved millions of taxpayer dollars.

This legislative session, Chanute has contended with threatening state legislation that could derail their expansion plans. The community is very close to a project that would offer fiber services to every premise in town.

UPDATE: According to Pete Ashdown, the amendment has been pulled. Stay vigilant, these things rarely just go away.

We reported earlier this month that UTOPIA was once again facing legislative attack at the state level in the form of HB60. While the House has focused on other issues, the Utah Senate is launching its own attack. SB190 has also put UTOPIA in the crosshairs and events are happening quickly. Time to contact your elected officials, Utah!

According to Jesse Harris at FreeUTOPIA.org, SB190 as originally crafted, could have curtailed a pending deal between UTOPIA and Australian firm Macquierie. From Harris' February 19 story on the bill:

It appears the legislature is determined to chase off a $300M investment in our state’s broadband infrastructure to appease CenturyLink. Sen. John Valentine is running SB190 which has been very specifically crafted to prevent any UTOPIA city from using the same utility fee that Provo has to pay down the bonds. Moving to a utility fee to provide transparency on the cost of the UTOPIA bonds has been a key part of the Macquarie discussions so far, so it could very well put the deal in jeopardy.

Since its introduction, the bill was heard in the Senate Business and Labor committee. There was broad and fierce opposition and Sen. John Valentine, the sponsor of the bill, amended it. The changes made the bill palatable to Macquarie and it passed through committee to the Senate Floor on Feb. 24.

After the bill passed through the committee, Valentine introduced a floor amendment that will prevent new cities from joining the network. Harris now reports:

On February 13, KKFI Community Radio from Kansas City, Missouri, interviewed ILSR's Chris Mitchell and Todd O'Boyle from Common Cause. Tom Klammer, host of the "Tell Somebody" show covered Kansas legislation SB 304 aimed at preventing municipalities from investing in their own broadband networks.

Klammer writes on the program website:

Recently Todd O’Boyle of Common Cause brought my attention to a Kansas Senate bill, authored by a cable industry lobbyist, which would outlaw community broadband in Kansas.  Subsequently I came across an article online written by O’Boyle’s colleague Christopher Mitchell who wrote that the bill in question, if passed, would create some of the most draconian limits on building networks that we have seen in any state.

You can listen to the interview from the program website. The interview is a little under one hour.

Colorado communities continue to seek to restore local authority for telecommunications. In April's election, elected officials of Montrose will ask voters to approve a measure that gives the municipality the right to establish a telecommunications utility.

Centennial, a Denver suburb, approved a ballot initiative last fall to use city fiber resources as a way to provide indirect telecommunications services. Centennial's community leaders want to create the most business friendly environment as possible to spur economic development. 

Montrose is taking a similar approach, although the language on this ballot does not limit the City to "indirect services." Elected officials have not mentioned the desire to provide any specific services yet, but the language of the ballot question suggests they do not want limited possibilities.

The City Council approved the following language for the April 1, 2014 ballot:

"Without increasing taxes, shall the citizens of the City of Montrose Colorado re-establish their City's right to provide all services restricted since 2005 by Title 29, article 27 of the Colorado Revised Statutes, described as "advanced services," "telecommunications services" and "cable television services," including any new and improved high bandwidth services based on future technologies, utilizing community owned infrastructure including but not limited to the existing fiber optic network, either directly or indirectly with public or private sector partners, to potential subscribers that may include telecommunications service providers, residential or commercial users within the City?"

A Montrose Daily Press covered the decision:

“We’ve been working on improving our broadband in the community for quite some time,” Virgil Turner, city director of innovation and citizen engagement, said. “The city has recognized that broadband is an area where we are not on equal footing with the Front Range.”

The Commission will look for opportunities to enhance Internet access competition. One obvious candidate for close examination was raised in Judge Silberman’s separate opinion, namely legal restrictions on the ability of cities and towns to offer broadband services to consumers in their communities.

But on the other hand the very fact that a community can, by vote of the electorate, create a yardstick of its own, will, in most cases, guarantee good service and low rates to its population.

Even though the Kansas cable lobby have temporarily retracted their competition-killing telecom bill, we still want to highlight the benefits of preserving full home rule, local authority by focusing on a number of communities, including Chanute, Ottawa, and Erie.

Chanute

We have reported on Chanute's municipal network for years. The community leveraged its electric utility assets and incrementally built an extensive publicly owned gigabit fiber network. Over several decades, the community expanded its network to serve schools, libraries, local government, and businesses. Chanute took advantage of every opportunity and created a valuable asset with no borrowing or bonding.

Several business, including Spirit AeroSystems, chose to locate in Chanute because of its incredible fiber network. Spirit brought approximately 150 new jobs. The network also retained jobs when incumbents refused to provide needed upgrades to local businesses. Rather than leave town, the businesses connected to the City's network and increased their productivity. 

Former City Manager J.D. Lester referred to municipal broadband as “the great equalizer for Rural America,” saying: “You don’t have to live in Kansas City to work there.” (See our case study Chanute's Gig: One Rural Kansas Community's Tradition of Innovation Led to A Gigabit and Ubiquitous Wireless Coverage [PDF])

Kids in Chanute have access to connectivity other schools can only dream about. The local community college has expanded its distance learning program with higher capacity broadband. Free Wi-Fi hotspots are all over town; money otherwise sent to distant providers stays in the community. Chanute has invested in a WiMAX wireless system that serves public safety all over the region, not only in town. Their other utilities use the network for automatic metering and SCADA applications, saving energy and allowing customers the chance to reduce utility bills.

Kansas is not the only place where the cable and telecom lobbies are attacking publicly owned networks. Jesse Harris from FreeUtopia.org reports that State Rep. Curt Webb has introduced HB60, aimed at UTOPIA. From the story:

As the bill is currently written, UTOPIA wouldn’t just be prevented from building to people willing to pay for it. They could also be required to shut down any existing services and be prohibited from maintaining their backbone that links cities together. It would effectively be a death sentence on any network that isn’t entirely within member cities AND can connect to an exchange point to reach ISPs and the rest of the Internet.

FreeUtopia also reports that the bill does not affect cable, DSL, wireless, or any other technology. Harris writes:

Naturally, I had to follow the money and it explains a lot. Rep. Webb has taken contributions from CenturyLink and the Utah Rural Telecom Association. 

As an observation, I take issue with the state's fiscal note on HB60. It reports that enactment of the bill "likely will not result in direct, measurable costs for local governments." The fiscal note also concludes that "enactment of this bill likely will not result in direct, measurable expenditures by Utah residents or businesses."  

If this bill ends UTOPIA in certain areas, affected government, residential, and business customers will lose the competitive rates they now enjoy - direct and measurable! See Pete Ashdown's comment on Jesse's story - he runs XMission, a beloved local ISP that uses UTOPIA to connect to some subscribers.

This bill is another example of how cable and telephone company lobbyists are not just trying to shut down municipal networks, but any possible public private partnerships. This is emphatically not about tax dollars, as Jesse rightly notes:

That's a lobby group with members such as Comcast, Cox, Eagle Communications, and Time Warner Cable. The bill was introduced this week, referred to the Committee on Commerce, and scheduled for discussion for Tuesday of next week.