The Georgia Public Service Commission on Tuesday, December 15 agreed with the state's electric membership cooperatives's plan to lure private investment in broadband infrastructure, approving the plan they proposed earlier in the fall. It included simplified one-touch make ready rules, a one dollar per pole, per year, for six years rate of lease, and a host of other provisions.
Tag: "one touch make ready"
As the nation’s eyes are riveted on the political divide in Georgia and the implications it has for the balance of power in the U.S. Senate, many state residents are also keeping an eye on the digital divide in the Peach State with an aim to expand broadband service to rural residents.
Georgia’s not-for-profit, member-owned electric membership cooperatives (EMCs) are promoting a new “Georgia Solution” to bring more broadband connectivity to the state’s rural regions.
That’s what the statewide trade association representing Georgia’s 41 electric cooperatives is calling its unique “roll out the red carpet” initiative as they hope to lure private Internet Service Providers (ISPs) to expand broadband service now that state lawmakers passed the Georgia Broadband Opportunity Act during the 2020 Georgia General Assembly.
The law, signed by Governor Brian Kemp in August, authorizes the Georgia Public Service Commission (PSC) to set “rates, terms, and conditions for pole attachments between communications service providers and electric membership corporations and their broadband affiliates.”
Filed on October 23 with the state’s PSC to consider for approval, the “Georgia Solution,” aims to entice private ISPs with two “generous and unprecedented offers” -- the “One Buck Deal” and the “Georgia One-Touch-Make-Ready Program.”
Two-Part “Georgia Solution”
The “One Buck Deal” is a financial incentive in which the EMCs will “forego recovering a fair share of their costs to own and maintain … EMC utility poles, and instead charge these broadband providers just one dollar, per pole, per year to attach their wires and cables to the pole.” The offer would be available to any qualified broadband providers that will deliver new high-speed Internet service in unserved EMC regions, which covers 73% of the state’s land area, providing electricity to 4.4 million residents, or nearly half of Georgia’s population.
That one dollar, per pole, per year “introductory rate” would last for five...Read more
Last December we wrote about Connecticut’s long-awaited victory by court affirmation in the fight to let its cities attach to utility poles at no cost in pursuit of spurring municipal broadband efforts. A similar effort seems to have stalled in its neighbor to the north, with HD 4492 languishing in the Massachusetts Legislature’s Telecommunications, Utilities and Energy Committee.
The bill, “An Act To Establish Municipal Access To Utility Poles Located In Municipal Rights-Of-Way,” is simple. It modifies Chapter 166, Section 22a of the state’s General Laws to eliminate pole attachment fees for cities working to build broadband networks to reach “unserved or underserved areas” (as defined by the Massachusetts Broadband Institute (MBI)), shifting the expense instead to the current pole owner(s). John Barrett introduced the bill and two dozen fellow legislators co-signed it. It calls for:
Notwithstanding any provision of law to the contrary, for the purpose of safeguarding access to infrastructure essential to public health, safety and welfare, an owner of a shared-use pole and each entity attaching to that pole is responsible for that owner's or entity's own expenses for make-ready work to accommodate a municipality's attaching its facilities to that shared-use pole: a) For a governmental purpose consistent with the police power of the municipality; or b) For the purpose of providing broadband service to an unserved or underserved area.
Up in the Air
For parts of the country where aerial fiber sits at the core of network builds as a result of challenges posed by underlying geology (bedrock), overlying geography (topography), or other concerns that preempt underground construction, utility poles are the answer. Massachusetts has more than a million of them, and for projects just navigating the franchise areas of electric utility pole owners [pds] alone could be a daunting task. Getting timely, affordable access for make-ready work is an obstacle which can easily stall and kill a broadband project even when the...Read more
Current lawmakers in the Vermont House have rapidly advanced H 513, a bill that addresses both policy and funding hurdles in an attempt to expand broadband throughout the state. After a vote of 139 - 2, the bill went on to the Senate on March 26th.
Looking at Local Models
H 513 recognizes that more than a quarter of the state’s premises don’t have access to broadband speeds as defined by the FCC, 25 Megabits per second (Mbps) download and 3 Mbps upload. The state’s Department of Public Service, which assembled the data, also determines that almost a fifth of premises can’t obtain speeds of 10 Mbps / 1 Mbps. With so many rural communities hurting for access to fast, affordable, reliable connectivity, state lawmakers are anxious to find tools to expand broadband across Vermont.
Legislators note in the language of H 513 that they believe the FCC’s “light-touch” approach toward expansion of broadband:
“…does little, if anything, to overcome the financial challenges of bringing broadband service to hard-to-reach locations with low population density. However, it may result in degraded broadband quality of service.”
H 513 goes on to acknowledge that grassroots approaches that use local knowledge and support will be the most successful in Vermont.
Lawmakers and their staff have lauded ECFiber as one model that works in a place like Vermont, where many smaller communities can pool their resources and work together to develop a regional network. As the Communications Union District has developed over the years and dealt with funding challenges head-on, it has become apparent that access to capital is one of the most difficult hurdles to overcome.
Funding for Innovation
In order to help local projects, H 513 will establish the Broadband Innovation Grant Program within the Department of Public Service (DPS) and the Broadband Expansion Loan Program within the Vermont Economic Development Authority (VEDA).... Read more
With the best intentions, Kentucky announced in late 2014 that it would build out a statewide open access fiber optic network to at least one location in each county to encourage high-quality connectivity in both urban and rural communities. Hopes were high as rural residents and businesses that depended on DSL and dial-up envisioned connectivity to finally bring them into the 21st century. After almost three years and multiple issues that have negatively impacted the project, legislators and everyday folks are starting to wonder what's in store for the KentuckyWired project.
Local Communities Are Best Suited To Deploy Community Networks
There is no one-size-fits-all method of deploying across a state filled with communities and landscapes as diverse as Kentucky. From the urban centers like Louisville and Lexington to the rocky, mountainous terrain in the southeastern Appalachian communities, demographics and geography vary widely. But most lack modern Internet access and local ISPs have found it hard to get affordable backhaul to connect to the rest of the Internet.
There are several municipal networks in Kentucky, some of which have operated for decades. In addition to Glasgow, Paducah, Bowling Green, Frankfort, and others, Owensboro is currently expanding a pilot project that proved popular. As our own Christopher Mitchell discussed at the Appalachia Connectivity Summit, several cooperatives have made major fiber-optic investments in the state.
When it comes to connecting residents and local businesses, we strongly believe local entities are the best choice. Local officials have a better sense of rights-of-way, the challenges of pole attachments, and the many other moving pieces that go into network investment. Projects with local support see fewer barriers - people are more willing to grant easements, for instance.
As a state, building an open access fiber network into each county makes sense. States also need to connect their offices, from public safety to managing natural resources and social services. Rather than overpay a massive monopoly like AT&T...Read more
This is the transcript for Episode 271 of the Community Broadband Bits Podcast. Research Associate Hannah Trostle takes over as host in order to quiz Christopher Mitchell on the latest developments in community networks. Listen to this episode here.
Christopher Mitchell: I can't believe we're freek'n talking about satellite again!
Lisa Gonzalez:This is Episode 271 of the community broadband bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. What do the FCC satellite internet access mobile broadband. Madison, Wisconsin, and utility poles in Louisville, Kentucky, have in common. They're all in the recent community broadband news and they're all in this week's podcast. In this episode, Research Associate Hannah Trostle boots Christopher from the host chair to interview him about some significant recent developments. For more details on these and other topics check out the appropriate tags at MuniNetworks.org. Now, here's Hannah and Christopher.
Hannah Trostle: Welcome to the Community Broadband Bits podcast. This is your host this week Hannah Trostle. Joining me is the normal host Christopher Mitchell.
Christopher Mitchell: I don't know how normal I am but thank you for having me on my show.
Hannah Trostle: Now we're going to kick you off, and I'm only going to do the podcast from now on.
Christopher Mitchell: I can't say I don't deserve it.
Hannah Trostle: Well you've been gone quite a bit. Where have you been?
Christopher Mitchell: I've been traveling around. Most recently, I was just out in Seattle for the NATOA conference, the National Association of Telecommunications Officers and Advisors, which is a group that does a lot of great work in this area. But I was just in town very briefly I didn't get this -- I didn't get to enjoy the whole experience. And then I was off to Western Massachusetts where the Berkshire Eagle which really does some of the best local reporting on broadband anywhere in the country. they had an event in western Massachusetts in the Berkshire's in Pittsfield in particular and had an evening event with me and several other people from the area that are making important...Read more
After a friendly coup in the offices of the Institute for Local Self-Reliance, Hannah has taken the podcast host chair from Christopher for episode 271 of the Community Broadband Bits. Hannah grills Christopher on where he has recently traveled, interesting lessons, and recent news around community broadband. (Christopher mentions a great event in Pittsfield - video available here.)
The conversation starts with a discussion of why recent travels strengthened our belief that full fiber-optic networks are the best approach for the vast majority of America in the long term. Christopher and Hannah discuss the future of low-latency networks and what is more cost-effective over decades rather than just over the first few years.
They go on to discuss their fears of the FCC legitimizing satellite and mobile wireless connectivity as good enough for carrier of last resort in rural regions. The show wraps up with a discussion about One Touch Make Ready in Louisville and Madison's RFP for a fiber network partner.
We want your feedback and suggestions for the show-please e-mail us or leave a comment below.
Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license.
Louisville has overcome a tall hurdle in its efforts to bring better connectivity and more competition to the community through local control. On August 16th the U.S. District Court for the Western District of Kentucky supported the city’s one touch make ready (OTMR) ordinance. AT&T challenged the ordinance in court, but their arguments fell flat and court confirmed that the city has the authority to manage its rights-of-way with OTMR.
AT&T’s claim based on state law asserted that the city was overstepping its authority by enacting the OTMR ordinance because it was impinging on Kentucky Public Service Commission jurisdiction. AT&T attorneys argued that, according to state law, the PSC has exclusive jurisdiction over utility rates and services, but the court found that argument incorrect.
Within the state law, the court found that the OTMR ordinance fell under a carve-out that allows Louisville to retain jurisdiction over its public rights-of-way as a matter of public safety. The ordinance helps limit traffic disruptions by reducing the number of instances trucks and crews need to tend to pole attachments. The court wrote in its Order:
AT&T narrowly characterizes Ordinance No. 21 as one that regulates pole attachments. But the ordinance actually prescribes the “method or manner of encumbering or placing burdens on” public rights-of-way. … It is undisputed that make-ready work can require blocking traffic and sidewalks multiple times to permit multiple crews to perform the same work on the same utility pole…. The one-touch make-ready ordinance requires that all necessary make-ready work be performed by a single crew, lessening the impact of make-ready work on public rights-of-way. … Louisville Metro has an important interest in managing its public rights-of-way to maximize efficiency and enhance public safety. … And Kentucky law preserves the right of cities to regulate public rights-of-way. … Because Ordinance No. 21 regulates public rights-of-way, it is within Louisville Metro’s constitutional authority to enact the ordinance, and [the state law granting authority to the PSC] cannot limit that authority.
One Touch Make Ready (OTMR) policies are recognized as a way to cut down on the expense and the time it takes to deploy fiber optic networks. At least three sizable urban communities have adopted OTMR practices to streamline fiber optic construction and ensure consistent standards. For other communities looking at ways to encourage brisk fiber optic investment, it pays to study the language of OTMR resolutions and policies.
OTMR allows a pre-approved contractor to move cables belonging to more than one entity on one visit to the pole to make room for the new fiber optic cable. This is a departure from the old method, in which each entity takes turns visiting the pole in question to move only their wires. The old approach is time consuming because each entity must take turns in the order in which their wires are installed on the poles. If one entity causes a delay, every other entity that needs to work after them must also wait. What follows is a snowball effect and an entire project can fall far behind schedule.
San Antonio, Texas
San Antonio’s municipal utility, CPS Energy, adopted a broad set of pole attachment standards that include specific requirements for OTMR, including what needs to happen before, during, and after the process.
The standards lay out administrative procedures, technical provisions, and specific provisions for both wired and wireless attachments. It incorporates recommendations from the FCC on how best to expand broadband while also weaving in safety standards from the Occupational Safety and Health Administration (OSHA). In the introduction, CPS Energy writes:
From a holistic perspective, the Standards seek to balance the competing needs and interests of multiple communications providers to access and utilize CPS Energy Poles, while at the same time recognizing that the core purpose and function of these Poles is for CPS Energy’s safe and reliable distribution and delivery of electric services to CPS Energy customers. Hence, any use of CPS Energy’s Poles must at all times ensure the continued operational integrity, safety and reliability of CPS Energy’s Facilities, electric services, personnel and the general public.
You can view the...Read more
Better conduit policy and One Touch Make Ready (OTMR) are two approaches seeing the state legislative limelight recently. With local examples to offer guidance, a few state lawmakers are attempting to implement similar rules.
State Governments Follow Local Leads
Local communities know their needs best and are best poised to make local decisions. Some have used new conduit policies like in Mount Vernon, Washington. The community's ordinances require developers to install additional conduit during construction and then deed the conduit to the city. The additional expense is minimal and the additional asset makes the property Fiber-to-the-Premise (FTTP) capable, driving up its value. Developers don't consider the ordinance a burden.
Other communities have passed ordinances for OTMR. When Louisville, Kentucky, adopted OTMR to speed up deployment for new entrants, AT&T sued to stop the city, claiming that the FCC had jurisdiction over such decisions. In October 2016, however, the agency let the parties know that Louisville had opted out of federal pole attachment rules at an earlier date. Nashville, Tennessee, passed OTMR also and has also had to deal with incumbent lawsuits.
The overall goal is to make new networks less time-consuming and resource intensive to deploy. It also keeps communities free of constant construction noise and reduces traffic disruption, thereby improving the quality of life during the deployment. When an approach works on the local level, state lawmakers often want to reproduce it on a broader scale.
At a time when the state is strapped for funding, a West Virginia bill (3093...Read more