In May, Connecticut’s Public Utility Regulatory Agency (PURA) struck a blow at local authority when the ruled that communities could not use their protected utility pole space for municipal fiber deployment. Big cable and telephone companies cheered, broadband advocates and communities that need better connectivity decided to take action. Now, PURA faces lawsuits that challenge the decision from the Office of Consumer Counsel (OCC), the Connecticut Conference of Municipalities (CCM), and at least three local communities that just want high-quality Internet access.

Long Wait

The focus of the controversy is Connecticut’s Municipal Gain Space Law, which was first established in the early 1900s to guarantee municipalities the ability to hang telegraph wires. The municipal gain space is a location on all utility poles — publicly or privately owned — situated in the public right-of-way. After multiple law suits over the years in which cities and the state typically won, Connecticut’s legislature finally amended the language of the law to allow government entities to use the municipal gain space for “any use” in 2013.

Almost two years ago, we reported on the petition filed by the OCC and the State Broadband Office (SBO) with PURA asking for clarification on the law, which included establishing clear-cut rules on using the municipal gain space for fiber optic deployment. They felt the rules needed cleaning up because some incumbents in Connecticut were still finding ways to thwart competition and stop or delay plans for municipal fiber deployment. 

In addition to using restrictive pole attachment agreements, incumbents were exploiting the lack of definition in the statute to slow make-ready work, question who pays for make-ready work, and generally delay municipal projects. Time is money and losing momentum can drive up the cost of of a project, which in turn erodes a community's will to see it realized.

The Decision in Question

In addition to the petition that the OCC had filed, Frontier, the Communications Workers of America, and the New England Cable and...

Looking at the Community Network Map, anyone can see that Iowa is filled with towns that have chosen to invest in publicly owned Internet infrastructure. On May 1st, the community of Pella took a step at the polls that will bring them a little closer to having a "pin" on our map. Ninety-two percent of those voting in the special election chose to authorize the City Council to establish a telecommunications utility.

Approval to Move Ahead

The election results don't establish a timeline for construction or operation of a fiber network or authorize any funding, simply allow city leaders to take the initial steps at forming the utility in the future. The city already operates its own municipal electric utility, so they have the same advantage of many other rural Iowa communities that go on to deploy fiber networks. At a March 12 City Council meeting, elected official unanimously approved the resolution to hold the election. From the minutes of the meeting:

The need for a municipal telecommunications utility is being driven by concerns expressed by citizens and businesses regarding access to highspeed Internet. Furthermore, a municipal telecommunications utility could help meet the long-term high-speed internet access needs of our citizens and businesses.

It is also important to note that many rural communities across Iowa have either formed municipal telecommunications utilities, or are in the process of forming the utility. The reasons these communities have authorized the formation of a municipal telecommunications utility are similar to the reasons the City of Pella is considering this issue. 

The Pella Area Community and Economic Alliance (PACE), a nonprofit of business and citizen leaders, has endorsed the initiative to establish a municipal telecommunications utility. They note that larger businesses in town that require fiber for daily operations have been able to obtain lines from incumbents, but other businesses must suffer with slow connectivity. Incumbents Windstream and Mediacom offer DSL and some cable in the community....

Nestled along the south eastern border of Maine are Baileyville and Calais. As rural communities situated next to Canada in the state's "Downeast" region, neither town is on a list of infrastructure upgrades from incumbents. With an aging population, a need to consider their economic future, and no hope of help from big national ISPs, Baileyville and Calais are joining forces and developing their own publicly owned broadband utility.

Baileyville and Calais

There are about 3,000 residents in Calais (pronounced "Kal-iss") and 1,500 in Baileyville, but according to Julie Jordan, Director of Downeast Economic Development Corporation (DEDC), many of those residents are aging and younger people find little reason to stay or relocate in Washington County. The community recognizes that they need to draw in new industries and jobs that will attract young families to keep the towns from fading off the map.

Most of the residents in the region must rely on slow DSL from Consolidated Communications (formerly FairPoint), while a few have access to cable from Spectrum (formerly Time Warner Cable); expensive and unreliable satellite is also an option and there's some limited fixed wireless coverage in the area. A few larger businesses that require fiber optic connectivity can find a way to have it installed, but Julie tells us that it's incredibly expensive in the area and most can't afford the high rates for fiber.

Economic Development Driven

Organized in 2015, the nonprofit DEDC came together with the focus on recruiting new businesses to the area and to support existing businesses. As DEDC quickly discovered, unless the region could offer high-speed, reliable Internet infrastructure, attracting new businesses and helping existing businesses expand would be extremely difficult. They also determined that new families would not be interested in Baileyville or Calais without high-quality connectivity. "It was a no-brainer," says Julie, "you have to go fiber."

One of the largest regional employers, Woodland Pulp, need fiber in order to operate and as Julie describes, "they pay up the nose" for connectivity. All their equipment is computerized and they...

This is episode 279 of the Community Broadband Bits Podcast. Russ Brethrower, a project specialist at Grant County Public Utility District, discusses how Grant County, Washington, pioneered open access infrastructure in the United States. Listen to this episode here.

Russ Brethrower: Our commission, management, everybody's made it really clear. Our capital is an investment in the future of the county up and down the food chain. It's -- it's a given that it's an investment and the capital is not expected to be returned.

Lisa Gonzalez: You're listening to episode 279 of the Community Broadband Bits podcast from the Institute for local self-reliance. I'm Lisa Gonzalez. Christopher recently attended the broadband community's economic development conference. He attends every fall and if he's lucky he's able to record interviews with people from some of the communities we're curious about. He also makes the trip to each Broadband Community Summit the spring time event. While he was at the November event in Atlanta, he connected with several people including this week's guest Russ Brethrower from the Grant County Public Utility District in Washington Grant County PUD has one of the most established and geographically largest open access community networks in the US. The rural communities population is sparse and widely distributed but community leaders had an eye toward the future when they decided to invest in fiber infrastructure. In this interview, Russ shares the story of their network and describe some of their challenges. Here's Christopher with Russ Brethrower from the Grant County Public Utility District in Washington.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell with the Institute for Local Self-Reliance. Today I'm in Atlanta sitting on the runway of the Atlanta airport at the Broadband Communities Summit which is focused on economic development here. And today I'm talking to Russ Brethrower Project Specialist for Grant County Public Utility District in Washington. Welcome to the show. Thank you very much Chris. So Russ I've been trying to get you on for a long time. You are one you're coming from one of the communities that has the oldest municipal...