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Virginia Communities Reject State Preemption Bill

Last week, Virginia State Delegate Kathy Byron introduced a bill that, if passed, will cripple attempts for municipalities to improve local connectivity. HB 2108, the “Virginia Broadband Deployment Act, imposes specific requirements on municipal networks that would greatly limit whether communities could offer Internet access or work with private sector partners.

The City of Roanoke and Franklin County wasted no time in unanimously passing resolutions to oppose the Virginia bill.

Franklin County Formally Opposes HB 2108

The Franklin County Board of Supervisors swiftly drafted their resolution in order to take it to the press conference in Richmond the next day. Reprinted below is the text of the Franklin County Resolution: 

WHEREAS, broadband access and reliability are essential to citizens, businesses, and non-profits in Franklin County; and

WHEREAS, citizens, businesses, and non-profits desire faster and more reliable broadband speeds; and

WHEREAS, areas of Franklin County lack broadband access; and

WHEREAS, we seek to maximize County policy and funding options to improve broadband access and reliability; and

WHEREAS, Franklin County seeks to protect the proprietary information of local businesses;

NOW BE IT THEREFORE RESOLVED, we the Franklin County Board of Supervisors do hereby formally oppose House Bill 2108, the Virginia Broadband Deployment Act.

City of Roanoke: "We Say No Way"

The City of Roanoke Council unanimously passed a similar resolution condemning the bill. Several council members specifically discussed the impact of such legislation on the new Roanoke Valley Network and on their community’s Internet access.

Local, National Media Eyes On HB 2108 In VA Legislature

When Delegate Kathy Byron introduced HB 2108, cheekily titled the “Broadband Deployment Act,” she might have not have expected so much attention from local and national reporters. Local media outlets, especially in areas directly threatened by the bill, are alerting constituents about threats to improve local connectivity. National news is also covering the story, describing how Virginia communities that can't get high-quality connectivity from national providers could fall victim to big cable and DSL lobbyists if HB 2108 passes. Constituents are taking notice, but the legislative session is just getting started in Virginia.

Local Media Reaching Local Constituents

The Roanoke Valley is especially vulnerable to the perils of HB 2108. After a contentious process, the Roanoke Valley Broadband Authority (RVBA) completed an open access fiber-optic network to meet the needs of local businesses, schools and libraries, and other facilities. Byron’s bill would make it practically impossible for the RVBA to expand to nearby counties by preventing them from obtaining high-quality connectivity and the benefits that accompany it. Without the ability to serve more customers, the RVBA faces a tenuous future. Smith told WSLS TV 10:

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“It hurts the area. It hurts us as the Roanoke Valley Broadband Authority, but more importantly it hurts across the Commonwealth of Virginia, its ability to be able to serve and use technology to serve economic development,” said Frank Smith.

The Roanoke Times quickly reported on the bill when Byron introduced it, noting that it would stifle the RVBA’s attempts to encourage competition, an economic development driver:

Moving Forward, Remember Past Local Government Resolutions

We have already seen Virginia and Missouri take up legislation to preempt local control and deter municipal networks. Although bearing innocuous names such as the “Virginia Broadband Deployment Act,” these bills stifle competition instead of empowering communities. 

Local governments, however, have often stepped forward to champion municipal networks and push back against state preemption bills. We’ve collected several over the years. Let these excerpts of resolutions from years past inspire you throughout the rest of 2017:

2011 - Chapel Hill, North Carolina: “WHEREAS, historically it was government that funded much of the current corporate telecommunications infrastructure in the United States and government paid for and developed the Internet on which these providers depend for their profit…” (Read more here.)

2013 - Alpharetta, Georgia: “WHEREAS, House Bill 282 would tie the hands of municipal officials in their efforts to build digital networks they need to attract economic development and create a high quality of life for their citizens...” (Read more here.

2014 - The Louisiana Municipal Association: “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...” (Read more here.)

Many other cities have also passed resolutions opposing state legislation and encouraging local control, including:

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Press Kit On VA Bill: Information At Your Fingertips

Proponents of better connectivity in Virginia are setting off alarms about HB 2108, a bill that will effectively bar municipal networks and prevent local communities from working with private sector partners. In order to educate the public about the miseries this bill will present, Friends of Municipal Broadband developed a press kit with materials to help spread the word.

At a January 18th morning press conference, the grassroots group consisting of local community leaders, citizens who want to control their own broadband decisions, and members of the private sector who are concerned about partnering with local communities, handed out the information.

The kit contains:

Rally In Richmond Wednesday To Oppose HB 2108

Folks in rural Virginia who dream about better connectivity woke up this legislative session to a pending Internet access nightmare - and they’re not going to just lie there and take it. 

Delegate Kathy Byron (R-Campbell County) and her bill HB 2108 are the cause of consternation among people in Virginia who support the municipal network option. As we reported last week, the bill would have serious impact on the ability for local governments to pick up the slack left by national Internet Service Providers. Passage would make it all nearly impossible for local governments to provide better connectivity to their communities.

Taking It To Richmond

In order to bring awareness to the potential harm of HB 2108, people negatively impacted if it passes plan to rally in Richmond to make their voices heard. The grassroots group, Friends of Municipal Broadband will livestream the event on their Facebook page. The rally will happen Wednesday, Jan. 18, at 9:30 a.m. EST.

According to the announcement, people are gathering at the House Briefing Room at the Virginia Legislative Office Building, 1000 Bank Street in Richmond. They ask participants to use the entrance on 10th and Bank Streets and give themselves extra time for security checks.

Get Informed

Friends of Municipal Broadband have created a petition and are encouraging Virginians to call Delegate Byron to express their displeasure about HB 2108 at (434) 582-1592. You can also check out the Friends of Municipal Broadband website for more on the event and resources about the bill.

You can also arm yourself with information about munis in Virginia by downloading our fact sheet on the benefits of municipal networks in Virginia. As always, we want you to share the fact sheet far and wide to help others make informed decisions.

Fact Sheet On Munis In Virginia

The latest addition to our list of fact sheets focuses on Virginia: Municipal Networks Deliver Local Benefits. We noticed that municipal networks in the “Mother of States” have spurred economic development, saved taxpayer dollars, and improved local connectivity. 

A number of local governments in Virginia that have invested in Internet network infrastructure have attracted Internet Service Providers (ISPs) to use the publicly owned assets to offer services to residents and businesses. Local governments are using fiber-optic networks to improve public safety, take control of their own connectivity needs, and attract or retain employers.

Download the fact sheet here.

Learn more about the Roanoke Valley Broadband Authority (RVBA) open access network, located in southwest Virginia. Christopher spoke with Frank Smith, President and CEO of the RVBA for episode 221 of the Community Broadband Bits podcast.

Take a look at our other fact sheets; we will continue to add state-specific editions so check back for more. Subscribe to our weekly email for a run down of stories so you can stay up-to-date on what's happening in community broadband networks.

Nelson County, VA, Releases RFP For Operator: Proposals Due Feb. 3

Nelson County, Virginia, recently released a Request for Proposals (RFP) for a vendor to operate its open access fiber network. Proposals are due February 3, 2017.

BTOP And Be More

The Nelson County Broadband Authority (NCBA) obtained grant funds under the Broadband Technology Opportunities Program (BTOP - one of two federal broadband stimulus programs), which allowed it to deploy 31 miles of backbone and laterals. In 2015, the county used a Community Development Block Grant (CDBG) and a Local Innovation Grant (LIG) to expand the network further to a total of 39 miles. The NCBA also uses several towers to complement wireline service.

The network now has approximately 350 customers. In keeping with the terms of the BTOP criteria, the network is open access and the NCBA describes itself as a wholesale Ethernet transport provider. Internet Service Providers (ISPs) offer Internet access and other types of services via the infrastructure.

According to the RFP, the NCBA requires:

The primary roles are to operate, monitor, and manage the network meaning to configure to order using the management systems of Calix, capture and report network outages and anomalies including traffic throughput issues, and manage projects for the continued enhancement of the network as required by the NCBA. Other roles include monthly billing of SPs and generating monthly billing and other financial reports to be provided to NCBA. 

Quiet And Connected

Nelson County is an extremely rural area in the north central part of the state; only about 15,000 people live in the entire county. The county seat of Lovingston has a population of 520. Tourism and a variety of home-based businesses are important to the Nelson County economy. Thanks to the Blue Ridge Mountains and the George Washington National Forest, the county is filled with hilly terrain, hiking trails, fishing, and vineyards. 

Access the full RFP online; the due date for proposals is February 3, 2017.

State Bills To Block Munis Start In MO, VA

With each new legislative session come the new bills from the incumbents aiming to limit competition. We typically expect at least one and begin looking for them early in January as legislatures begin assembling in state capitols; this year the anti-muni efforts begin in Virginia and Missouri.

"Show-Me" Your Bill

Missouri’s communities have been the object of legislative persecution from big national incumbents and the legislators they back for several years. When we learned that another effort to severely limit the ability for municipalities to bring better connectivity to the community was afoot, we weren’t surprised.

This year, the bill is from Republican Senator Ed Emery, who has recently moved from the House to the Senate. Surprisingly, Emery’s bio reports that he also worked with his father and grandfather in their feed and grain business. As some one with a connection to farmers, one would expect him to understand the importance of high-speed connectivity in today’s agriculture industry. Emery also has a significant history in the utilities industry. He’s received both the Legislator of the Year Award from the Missouri Cable Telecommunications Association and the Leadership Award from the Missouri Telecommunications Industry Association

SB 186 starts out strong by prohibiting local government from offering “competitive service,” which includes both retail or wholesale models. By preventing wholesale models, the bill interferes with a municipality’s ability to work with private sector partners, a major complaint about the bill introduced last year.

The bill states that voters can only choose to allow a municipality to offer any services after the community has engaged in a very thorough feasibility study and the results have been publicized. As with last year’s bill, SB 186 sets up onerous hurdles that threaten to sabotage a network in the early days, discouraging local communities from pursuing a chance to serve residents, businesses, and municipal facilities. The bill also dictates ballot language, establishes geographical limits on any local network, and clearly established that no funds from other municipal services can be directed toward a municipal network. Much of SB 186’s language comes from last year’s bill.

Finance Leader Turns To RVBA

Now that the Roanoke Valley Broadband Authority (RVBA) has its fiber-optic network offering services to local businesses, smart companies that want fast, affordable, reliable connectivity are signing up. The latest is finance company, Meridium, which was recently acquired by GE Digital.

We recently interviewed CEO and President of the RVBA, Frank Smith, who described what it’s like to be “the new kid on the block.” The RVBA has faced some opposition and dealt with highs and lows during deployment, but as news of the network spreads, we expect to see more press releases like this coming from the Roanoke Valley:

Meridium, Inc., the global leader in asset performance management (APM) software and services, announced today that they will rely on the Roanoke Valley's new Municipal Broadband Network to power the Internet and data transport service for their headquarters in downtown Roanoke. This announcement follows the 100% acquisition of Meridium by GE Digital announced September 14th.

"Meridium is deeply invested in this community, and we are committed to supporting the efforts of our local government to continue to invest in the technology infrastructure of the region," President and CEO Bonz Hart said. "The RVBA's open-access, carrier-grade network will help us keep up with the speed of industry and remain cost competitive as we serve clients all around the globe."

Meridium anticipates significant benefits as they switch from their incumbent internet service provider to the RVBA network.

"Faster speeds, lower costs, better customer service, greater security... what is not to like? We're really excited about what the RVBA is doing for our region and proud to sign on as an early customer," CTO Eddie Amos said.  "We have done well in the region with what has existed prior, but we need higher-end technology. High-speed fiber-to-the-door connectivity is critical to our continued global success."

Transcript: Community Broadband Bits Episode 221

This is episode 221 of the Community Broadband Bits podcast. President and CEO of the Roanoke Valley Broadband Authority joins the show to discuss the award-winning open access fiber-optic project. Listen to this episode here.

 

Frank Smith: We need to be an ingredient in what people need to be able to do what they want to accomplish.

Lisa Gonzalez: This is episode 221 of the Community Broadband Bits podcast from the Institute of Local Self-Reliance. I'm Lisa Gonzalez. Roanoke Valley, Virginia, has had some ups and downs as they planned and deployed an open access fiber-optic network, but they're now on course. This year they began providing a range of services for Internet service providers and local businesses. They're also bringing better connectivity to public facilities and community anchor institutions. Frank Smith, president and CEO of the Roanoke Valley Broadband Authority, talks with Chris this week. In addition to explaining what the authority is, and describing its function, Frank explains the situation in the Roanoke Valley, which led to the decision to invest in the network. Frank provides information about how the authority is working to collaborate with different partners, and he also reflects on challenges and shares plans for the future. Learn more details at highspeedroanoke.net. Now, here are Chris and Frank Smith, president and CEO of the Roanoke Valley Broadband Authority.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell. Today I'm speaking with Frank Smith, the president and CEO of Roanoke Valley Broadband Authority, in Virginia. Welcome to the show.

Frank Smith: Thank you very much Christopher. It's a pleasure to be here.

Christopher Mitchell: Well, I'm excited to talk to you because I remember looking into this project in years back and seeing some fits and starts and hoping that someone would pull it all together. Over the course of this conversation, I think we'll discuss that. Let's just start off and let people know what is going on in Roanoke Valley and even more importantly, where and what is it.