Just this past week, we reported on the plight of Bradley County in Tennessee. Cut off from connectivity, families and businesses are considering leaving to nearby Hamilton County which has Chattanooga’s high-speed fiber network.

By a 12-1 vote, the Bradley County Commission urged the Tennessee legislature to pass a bill (Tennessee HB 1303/SB 1134) enabling public utilities to bring high-speed Internet to Bradley County residents. Current state law - right now embroiled in legal disputes - prohibits public utilities from expanding high-speed Internet access. 

Near-Unanimous Vote (12-1)

As reported in the Chattanoogan, the only naysayer to the resolution was the vice-chairman. He agreed that Charter and AT&T had failed to provide adequate Internet access to the county, but he expressed opposition to municipal networks. Although disagreeing with the resolution, he underscored how local control had disappeared with the current state law:

He said local governments at one time had leverage over providers when they had to come to them periodically for charters, but he said that control went away with the passage of the current law that he said was heavily lobbied.

The commissioners, however, felt that this vote was the only way forward. Some described how dependent their homes and businesses have become on Internet access, and others reiterated that the community suffered die to the lack of competition.

An Engaged Public Speaks Out

According to the Cleveland Daily Banner, the meeting attracted enough residents to pack the room. The people of Bradley County see the importance of better access in their future. Blake Kitterman, president of the Bradley County Young Democrats, told the Commission:

“When Bradley County citizens succeed, we all succeed, and EPB broadband expansion means an interconnected community…It means opportunities for businesses to affordably advertise their products, and students to be able to take part in higher forms of learning.”

Baltimore's City Council has decided it's time to move forward with a plan for city-owned fiber and they are putting pen to paper to get the ball rolling.

Since 2010, we have covered Baltimore's efforts to improve connectivity for businesses and residents. For a time, they expected FiOs from Verizon but when the provider announced it would not be expanding its network, Baltimore began to explore a Plan B.

Plan B included a publicly owned option, possibly making use of fiber assets already had in place. Mayor Stephanie Rawlings-Blake has supported taking steps to improve connectivity for Baltimore's economy, education, and general livability. A crowd funding initiative from the Baltimore Broadband Coalition has raised over $20,000 and the community has commissioned several studies. Baltimore even has a city broadband czar.

City Leaders Push On

Members of the City Council have recently renewed the call to action. Council Member Mary Pat Clarke introduced a resolution in September calling on the city to quickly develop a broadband plan. The resolution calls for fiber to all homes, businesses, and institutions in Baltimore in order to bring better connectivity to low-income households, improve economic development, and improve options for anchor institutions. 

The resolution has been referred to the Departments of Planning, Transportation, Public Works, Finance, City Public School System, and is now in the Mayor's Office of Information Technology.

Westminster Inspires Immediate Action 

At a September meeting, the City Council in Peachtree City, Georgia unanimously approved a resolution to construct and operate a fiber-optic broadband network.  According to the City Council minutes from the meeting, the initial 22.54-miles of fiber will provide 1 Gbps broadband access to various facilities in the City Service area.

In addition to providing connectivity for government buildings, utility services, and medical and educational buildings, the city will target business customers in the “high end user category.”

Officials estimate the network will cost $3.23 million. To pay for the project, the Peachtree City Public Facilities Authority, an independent local government authority created by the state legislature in 2011, will enter into an intergovernmental agreement with Peachtree City. According the August 2015 Fiber Initiative plan, capital for the project will come from the Authority; the city will issue a bond and pay installments to the Authority under an Agreement of Sale.

For several years now, the city located 30 miles southeast of Atlanta has explored options to improve local connectivity. City leaders tried and failed to bring Google Fiber to the community of 35,000 people in 2010. The city attempted repeatedly to urge private ISPs like AT&T to address the problem with no success. In February of this year, city leaders began work on a study to explore the feasibility of a publicly owned fiber network.

City Council members citizens at the recent City Council meeting expressed concerns that the network will not pay for itself and taxpayers will be left to cover unpaid costs. According to a recent survey of local businesses, 100% of respondents reacted positively to the prospect of a municipal network for connectivity.

In order to achieve the plan’s objectives, the network will need 12 “high-end” commercial customers by the end of year 2.  The city’s consultant expressed confidence in meeting that first goal:

Athens, Tennessee, has struck a deal with Chattanooga's EPB and the Volunteer Energy Cooperative (VEC) that could facilitate the city's interest in a municipal fiber network. According to the Times Free Press, the Athens Utility Board (AUB) hammered out the final agreement earlier this month.

AUB is leasing fiber from VEC that carries a gigabit signal from EBP to the AUB system.

According to the article, AUB has explored the prospect of developing their own fiber network as early as November 2013 and now offers Internet access to one business in a local business park. AUB General Manager Eric Newberry told the AUB Board that they plan to approach other local businesses to set up additional commercial accounts. They plan a slow buildout and urge local businesses, many of them clamoring for a reliable connection, to be patient as they take next steps.

Athens is part of the Chattanooga-Cleveland-Dalton area in the southeast corner of the state and home to around 13,500 people. In March, the City Council voted unanimously to pass Resolution 2015-11 supporting local authority for telecommunications. [See the PDF of the Minutes p.1]

Thusfar, the investment has cost $58,258.69 for labor, materials, and equipment. The Board had budgeted $100,000 for the project.

Chicago is moving in the direction of using municipal fiber to improve connectivity for residents and businesses. According to the Chicago Sun Times, three Aldermen and the Vice Mayor recently introduced a Resolution calling for hearings on ways to use existing fiber assets for personal and commercial use. Text of Resolution R2015-338 [PDF] is now available online.

The City has flirted with a greater vision for its publicly owned infrastructure in the past, including Wi-Fi and fiber. In February 2014, the community released a Request for Qualifications for Broadband Infrastructure [PDF].

This time the City plans to collect information and educate leadership with hearings on ways to utilize the fiber that grace Chicago's underground freight tunnels. They also want to explore city-owned light poles and government rooftops as potential locations for wireless network equipment. From the article:

“These hearings would be a fact-finding mission to help the City Council fully understand the size and scope of Chicago’s fiber-optic infrastructure and explore how it could be shared or expanded to raise revenue for city coffers while making our city more competitive,” [Finance Committee Chairman Edward] Burke said in a press release.

Burke was joined by Zoning Committee Chairman Danny Solis, Economic Capital, Technology Development Committee Chairman Tom Tunney, and Vice Mayor Marge Laurino.

R2015-338 lists many of the communities we have researched as examples to follow, including Chattanooga, Wilson, Lafayette, and Scott County in Minnesota. In addition to exclusively municipal projects, the Resolution acknowledges partnerships between public entities and private organizations, regional projects, and statewide efforts. Clearly, Chicago is open to a variety of possibilities.

While creating more options for businesses and residents is a primary motivator, the City Council is also considering the potential for revenue:

At its March 3rd City Council meeting, elected leaders in Bristol voted 4 - 1 to adopt resolution 15 - 8 reported TriCities.com. The resolution officially supports state legislation removing state barriers that prevent municipal electric utilities from offering Internet service beyond their electric service footprint. State Senator Janice Bowling and Representative Kevin Brooks are sponsoring SB 1134 and its companion HB 1303 [PDF].

Bristol Tennessee Essential Services (BTES) is one of the state's gigabit FTTH networks but like Chattanooga, is limited by state geographic restrictions. The recent FCC decision to overturn Tennessee and North Carolina state barriers has removed that legal provision but Bowling and Brooks want to make sure it happens and that Tennessee is able to embrace smarter policy without FCC intervention.

Bristol recognizes that its gigabit network provides a rare advantage in Tennessee. From the City Council agenda on the issue:

The service is an essential element of economic development, enhances educational opportunities, increases regional and global competitiveness, and provides a better quality of life. While we enjoy the benefits of being a “Gigabit Community”, there are many areas of Tennessee that lack access to high-speed broadband service. The ability to extend this service beyond the municipal electric service territory will provide an opportunity for customers to choose their provider and ensure a high quality of broadband service at a competitive price.

At the meeting, members of the Council noted that eliminating the restriction would allow BTES the ability to bring service to areas left behind by traditional providers. TriCites.com reported:

The Louisiana Municipal Association is the latest organization to officially support the FCC's ability to restore local authority. The group represents 305 village, town, city, and parish members. Their Executive Board unanimously passed the resolution on July 30 and recently shared it with the FCC:

WHEREAS, the universal availability of affordable high speed Internet access for all citizens has been identified as a national priority; and

WHEREAS, community/municipal broadband networks provide an option for market competition, consumer choice, economic development, and universal, affordable Internet access; and

WHEREAS, historically, local governments have ensured access to essential services by banding together to provide those services that were not offered by the private sector at a reasonable and competitive cost. This involvement has included electrification, public libraries, and other important services; and

WHEREAS, local government leaders recognize that their economic health and survival depend on connecting their communities, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, attempts have been made at the state level to limit or stop further local government deployment of municipal Internet services through legislation, which has the potential of reducing the ability of local government to provide important information and services to their citizens in a timely, efficient, and cost effective manner; and

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED that the Executive Board of the Louisiana Municipal Association convened at its regular business meeting on July 30, 2014 does hereby unanimously support FCC efforts to ensure local governments are able to invest in essential Internet infrastructure, if they so choose, without state-imposed barriers to discourage such an approach.

As the FCC contemplates the fate of the Chattanooga EPB's ability to expand to surrounding communities, some of those Tennessee communities are publicly announcing their support. The Town of Kimball and Marion County, both part of the Chattanooga metro area, have passed resolutions asking state legislators to reconsider Tennessee's anti-muni law.

The Times Free Press reports that Kimball's Board of Mayor and Alderman unanimously and officially asked their state officials to introduce legislation enabling local authority. They requested action as early as the next legisaltive session.

Marion County passed a similar resolution in August - also unanimously. According to Kimball's City Attorney Bill Gouger:

"It is a situation where there are providers out there who would like to extend fiber-optic cable and high-speed Internet-type systems throughout our county," Gouger said. "The simple fact is, right now, our state laws make that really difficult to do, if not impossible."

County Mayor David Jackson is reaching out to the other municipalities in Marion County to increase support. From the article:

High-speed Internet access is "very important" for the entire county, said Jackson.

"It would, hopefully, give us another edge in getting new industry and other businesses to our county," he said. "It [quality Internet access] is very vital. We've got some industries now that are really struggling because they have limited Internet access."

Gouger said commercial and industrial developments are making high-speed Internet access a "requirement" for setting up shop in rural areas like Marion now.

"If we can't get those types of things throughout our county, it's going to disqualify us from some future growth," he said. "That's the whole purpose of this resolution."

Sallisaw, home of DiamondNet, is the latest community to publicly express its desire to put telecommunications authority in the hands of the locals. On July 14, the Sallisaw Board of City Commissioners approved Resolution 2014-17 in support of the FCC's intention to preempt state anti-muni laws.

A Resolution Supporting Telecommunications Infrastructure For Local Governments

WHEREAS, local governments, being closest to the people are the most accountable level of government and will be held responsible for any decisions they make; and

WHEREAS, community/municipal broadband networks provide opportunities to improve and encourage innovation, education, health care, economic development, and affordable Internet access; and

WHEREAS, historically, the City of Sallisaw has ensured access to essential services by providing those services that were not offered by the private sector at a reasonable and competitive cost; and

WHEREAS, in 2004 the City of Sallisaw took steps to construct its own Fiber to the Premise telecommunications system and now provides the community with quality state-of-the-art broadband services including video, High Speed Internet and telephones services, that otherwise would not be available today; and 

WHEREAS, local government leaders recognize that their economic health and survival depend on connecting their communities, and they understand that it takes both private and public investment to achieve this goal; and

WHEREAS, the DC Circuit Court has determined that Section 706 of the Federal Telecommunications Act of 1996 unambiguously grants authority to the Federal Communications Commission (FCC) to remove barriers that deter network infrastructure investment;

NOW, THEREFORE, BE IT RESOLVED that the Board of City Commissioners of the City of Sallisaw, Oklahoma, supports FCC efforts to ensure local governments are able to invest in essential telecommunications infrastructure, if they so choose, without state-imposed barriers to discourage such an approach.

ADOPTED by the Governing Body on 14th day of July, 2014.

Since January, when the DC Circuit Court of Appeals suggested the FCC has the authority to preempt state anti-muni laws, local communities have publicly supported the notion. Chattanooga's Electric Power Board (EPB) will join those communities when it petitions the FCC to preempt similar laws in Tennessee, reports The Center for Public Integrity.

Danna Bailey, vice president of corporate communication at EPB recently told The Center:

“We continue to receive requests for broadband service from nearby communities to serve them,” Bailey said. “We believe cities and counties should have the right to choose the infrastructure they need to support their economies.”

Chattanooga, one of the publicly owned networks that have inspired FCC Chairman Tom Wheeler, has proved itself as a strong economic development tool. According to the article:

A day after his meeting with Berke, Wheeler wrote in his blog, “I believe that it is in the best interests of consumers and competition that the FCC exercises its power to pre-empt state laws that ban or restrict competition from community broadband. Given the opportunity, we will do so.”

A number of other communities with municipal networks, or in the process of deploying them, have passed Resolutions that support the FCC: