The march toward reclaiming local telecommunications authority throughout Colorado continued yesterday as eighteen more communities opted out of restrictive SB 152. As in prior years, voters passed referendums with high majorities in every contest.

It’s a Sweep

Once again, local voters emphatically expressed support to step out of the weight of SB 152 and put decision making for local connectivity in their own hands. The lowest passage for this cycle was 62 percent of the vote in Crowley County; the highest occurred in the town of Blue River where 90 percent of voters chose to opt out. Average passage for all 18 referendums came to just under 76 percent of the vote.

We’ve already reported on ballot measures in the municipalities of Aurora, Cañon City, Florence, Fountain, and Erie. Here’s how the “yes” votes shook out in those communities (please note that these numbers are considered “unofficial” and we round up to whole percentages):

• Aurora: 75%
• Cañon City: 73%
• Florence: 83%
• Fountain: 72%
• Erie: 86%

Other cities and towns which we recently learned were taking up the issue also passed the opt out issue by wide margins:

• Blue River: 90% (Wow!)
• Las Animas: 70%
• Wheat Ridge: 80%

Counties that we’ve been watching also came out positive. Thanks to Virgil Turner, who is the Director of Innovation and Citizen Engagement for the City of Montrose, Colorado, (and our eyes in the state) we found out that this was a year when the majority of referendums happened at the county level.

• Alamosa County: 70%
• Baca County: 74%
• Bent County: 70%
• Chaffee County: 80%
• Crowley County: 62%
• Fremont County: 72%
• Grand County: 78%
• Hinsdale County: 89%
• Kiowa County: 78%
• Otero County: 63%

Within Colorado’s 64 counties, a total of 40 have brought the opt out question to their voters; all referendums passed. Now, 62.5 percent of counties in the state are free of SB 152, leaving only 37.5 percent or 24 counties subject to the harmful law.

Fixing Past Mistakes For Different Futures

Local fall referendums are still a few months away, but at least four additional Colorado communities have decided to put local broadband authority on the ballot. In addition to Aurora, Cañon City, and Florence, Fremont County will ask voters to opt out of SB 152.

In 2005, Colorado's state legislature passed the bill, removing local communities' authority to take steps to use publicly owned infrastructure to offer telecommunications services either directly or with a private sector partner. The law, however, allows communities to hold a referendum so voters can choose to "opt out" as a way to reclaim that authority. Over the past several years, cities, towns, and counties by the dozen have overwhelmingly passed measures to opt out. Some have a specific plan in place to develop networks, while others want to preserve the option. Each fall and spring, more communities put the issue on the ballot.

Florence

We spoke with City Clerk Dena Lozano in the small town of Florence who confirmed that voters there will be deciding the issue in November. With less than 3,900 people in Florence, almost 40 percent of residents work in either education or public administration. The town began as a transportation center at the base of the Rocky Mountains; three railroads that transported coal converged there. Later, the town became known as the first oil center west of the Mississippi.

Today, the town has a downtown antique market and has worked on nurturing its culinary dictrict. They've also established an Urban Renewal Authority to help keep their town center on a positive track. Within their 2017 Master Plan, Florence leaders tackle their wish to allow the art and business communities to grow while still maintaining the small town charm that keeps many residents in Florence.

Cañon City

In August, the rural community’s city council voted to present the option to...

In Colorado last week, communities held spring elections if they needed to choose elected officials or ask voters to make decisions on local matters. In six rural communities, voters decided to join the almost 120 municipalities and counties around the state that have already voted to opt out of Colorado’s restrictive state law SB 152. Meanwhile, the General Assembly tried to help bring broadband to the state's most rural areas.

A Resounding Yes

In all six towns, the decision to reclaim local telecommunications authority far outpaced the number of voters who voted “no.” In keeping with similar measures we’ve followed during previous elections on this same question, voters want the opportunity to use their own infrastructure to improve connectivity either directly to the public or with a private sector partner. Most communities that put this issue to the voters don’t have a solid plan in place at the time it’s on the ballot, but they understand that opting out of the 2005 law is a necessary step, should they decide in the future to move ahead with a muni or public-private partnership.

The measure always passes and voters usually approve the opt out provision by a wide margin, as was the case on April 3rd. Here’s the tally:

Firestone : Yes 1568 - No 347

Frisco : Yes 634 - No 69

Lake City : Yes 222 - No 18

Limon : Yes 347 - No 92

Lyons : Yes 526 - No 139

Severence : Yes 621 - No 118

Colorado has been abuzz with activity in recent years as local communities reclaim their right to decide how they handle connectivity improvements. The developments have run into resistance from Comcast and other big national ISPs that feel their monopoly threatened. Last fall, Comcast spent close to a million dollars in a failed attempt to defeat a measure in Fort Collins as the city amended its charter to allow it to invest in a municipal network. Before it could take that step, however, the city held a referendum in the fall of 2015 to opt out of SB 152.

In addition to Fort Collins, several other communities that have opted out in recent years are moving forward....

The Colorado Communications and Utility Alliance has released a new video detailing the urgent need for fast and reliable Internet in rural Colorado. The Alliance argues that Colorado's state and local government can help solve the problem and highlights local initiatives that improved connectivity and drove economic development.

The video profiles Cortez, a small town that has incrementally built an open access fiber network to increase economic vitality while also improving community services, education, and residents’ overall standard of living. It emphasizes the ongoing problems of minimal IT infrastructure investment in rural areas and exorbitant ISP prices for unacceptable speeds. The CEO of Osprey backpacks and bags discusses how the community's fiber network was critical to the company's ability to develop its thriving online business.

The Chief Information Officer of Lincoln Memorial Hospital in Hugo, Colorado, explains the importance of telehealth for aging populations and expresses his frustrations with regional Internet monopolies and restrictive laws.

Just because we’re rural doesn’t mean we should be taken advantage of. The word fair doesn’t even compute at this point, it’s just the right thing to do. And if you’re unwilling to do it, then leave and let someone else come in and help us — or let us help ourselves.

Many communities have begun to do exactly that. Last November, 19 Colorado communities opted out of the restrictive SB 152 law that prevents municipalities from offering advanced telecommunications services to the general public, either on their own or with a partner. Since 2008, almost 123 Colorado local communities have voted to opt out of SB 152.

Watch the video and learn more in an interview with Cortez's General Service Director Rick Smith on our Broadband Bits Podcast here. For more on Colorado communities' decisions to opt out of SB 152, listen to...