As state lawmakers debate in committee rooms and Capitol chambers around the country, various broadband and Internet network infrastructure bills are appearing on agendas. Some are good news for local communities interested in developing publicly owned networks while other preemption bills make projects more difficult to plan, fund, and execute. We've gathered together some notable bills from several states that merit watching - good, bad, and possibly both.

New Hampshire

For years, local communities were not allowed to bond to develop publicly owned broadband infrastructure in New Hampshire. Last year, the state adopted SB 170, which opened the door a crack so that municipalities can bond to develop infrastructure for public-private partnerships (PPPs) in "unserved" areas. This year, the New Hampshire General Court has the opportunity to push open the door a bit wider with SB 459.

SB 459 allows local communities to potentially define "unserved" areas themselves by putting more responsibility on Internet access providers. Municipalities must currently engage in a request for information process in which they must reach out to all Internet service providers operating in the community. SB 459, if adopted, would allow a community to consider areas "unserved" if a provider does not respond to such a request to clarify which premises are unserved. With the "unserved" designation, municipalities can bond to develop infrastructure to serve those premises.

The bill has bipartisan support and is scheduled for a March 11th hearing in the Senate Election Law and Municipal Affairs Committee. Read the text of SB 459 here [PDF] and follow its progress here.

Pennsylvania

In Pennsylvania, where lawmakers meet all year, Rep. Pam Snyder introduced HB 2055 in late in 2019. The bill allows local governments to provide telecommunications services, but limits them to unserved areas. If passed, the bill amends the Municipalities Authorities Act and,...

Minnesota's Border to Border Broadband Development Grant Program provides funding for deployment of broadband networks in rural regions of the state. The program, which started in 2014, has helped extend necessary high-quality Internet access infrastructure to dozens of communities. Without this week's guest, Matt Schmit, the program would never have become a reality.

Matt and Christopher knew each other long before the program was even an idea — when they were in grad school together — and you can tell they’re friends with a lot to reminisce about. Matt, who is now working on broadband in Illinois, was one of the State Senators who drove the conversation that moved the needle on rural broadband and who led the development of the state program that has accomplished so much in Minnesota. He and Christopher talk about the process and what it was like to go from recognizing the need to creating a program that is making change.

Because of his ability to get results in the “Land of 10,000 Lakes,” Matt is now working in Illinois, where billions of state dollars have been earmarked for infrastructure, which includes broadband deployment. Matt is now Deputy Director at the Illinois Department of Commerce and Economic Opportunity, where he will work to determine the best way forward in deploying broadband as critical infrastructure. He and Christopher talk about some of the challenges he expects to face, what it’s like working in Illinois as compared to his work in Minnesota, and his hopes for the new state broadband program.

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An increasing number of local governments around the country have started taking steps to improve broadband adoption and accessibility in their communities. A recent Brookings Institution article discusses the role of states in broadband deployment and adoption and how lawmakers are making efforts, but still have room for improvment.

Special Interest Lobbying Leaves an Imprint

A few states have explicitly banned municipal government from telecommunication services while others have confusing and hard-to-understand laws and regulations. Local governments have stepped up in the best interest of their residents but the imposed barriers have created tension between the local and state governments. Huge players influencing state legislation affecting broadband are the telecom lobbying interest groups. Due to their efforts, 19 states face barriers ranging from blocks to outright bans.

Brookings writes that states are a key factor in expanding high-quality Internet access to citizens and calls for a state-centered approach to improve the situation:

Instead of waiting for the stars to align in Washington, we should focus on states as an important middle ground. States have access to a range of tools and resources—independent of federal action—to promote broadband availability and adoption within their borders. The question is whether they will actually use them.

Specifically, Brookings recommends that states allow local communities to function with local telecommunications authority:

However, there is still more that states can do. Many should reconsider laws that block local efforts to expand broadband access, which limit opportunities to service populations that privately owned broadband networks will not.

The various barriers set up by the state governments may be hard to find but researchers at Pew Charitable Trusts have created the State Broadband Policy Explorer, a handy tool to make research easier. Using this tool, anyone from lawmakers to concerned citizens can search...

In 2014, West Virginia wrote its Broadband Plan, but since then much has changed in the state, in the country, and with technology. Officials from the West Virginia Broadband Enhancement Council have now released a Request for Information on Actions and Partnerships to Advance Last Mile and Middle Mile Broadband Services in West Virginia (RFI). Responses are due November 4th and early responses are encouraged.

Multi-Purpose RFI

According to the RFI, the state has several reasons for releasing the RFI:

• To update to the West Virginia Broadband Plan, last written in 2014. They seek input from broadband service providers currently in the state, and others who may wish to expand service within the state. 
• To identify unserved areas which the private sector is likely to serve in the near future so as to better target its efforts. To identify areas where deployment will require public-private partnerships and potential partners. 
• To seek input from companies related to the development of middle mile assets that can support better last mile service in West Virginia. The Council expects to receive access to a limited number of fiber strands along long-haul fiber routes. Because the West Virginia Legislature has encouraged the electric utilities to undertake feasibility studies for constructing and operating middle mile broadband Internet projects, the Council seeks comment from last-mile providers regarding these types of networks.  

The Council hopes to receive responses from:

• Last-mile broadband service providers. 
• Middle-mile broadband service providers. 
• Network operators. 
• Infrastructure investors and developers. 

Some of the goals that the program hope to fulfill include defining target areas that are unserved and helping local cities and counties in West Virginia obtain gigabit connectivity. The state is working with the National Telecommunications and Information Administration (NTIA) on the latter’s mapping initiative. The project is intended to better map Internet access and improve accuracy on a more granular level.

For details on the program goals related to middle mile and last mile projects, review the full RFI...