Image
Fast, affordable Internet access for all.
Publicly Owned Conduit: Network Neutrality Can-Do Tool
By
on
Ever since the FCC reversed network neutrality protections, an increasing number of local communities have started to wonder about the advantages of publicly owned Internet infrastructure, including conduit. At the Institute for Local Self-Reliance, we’ve received an uptick in requests for information from elected officials, community business leaders, and local citizens.
When folks are similarly curious about public-private partnerships, they wonder about whether or not a municipality or other form of local government can require a private sector partner ISP to adhere by the tenets of network neutrality. An agreement between public and private sector partners to bring better connectivity to a city or region is a contract between the involved parties; the FCC’s decision won't interfere.
Looking At Lincoln
Lincoln, Nebraska, has fine-tuned the art of working with private sector partners interested in using their publicly owned conduit for privately owned fiber. The city invested in an extensive conduit system back in 2012 to create an environment that would welcome private sector providers. Nelnet’s ALLO Communications uses the conduit to offer Fiber-to-the-Home (FTTH) in Lincoln.
The city uses a Broadband Franchise agreement to allow ISPs non-exclusive use of their publicly owned conduit. In Section 4: Service Characteristics, Lincoln requires any private sector ISP that wishes to use their conduit to adhere by network neutrality rules, which they clearly spell out. You’ll notice that the city also imposes a “no data caps” rule:
Section 4: Service Characteristics.
A. The System shall, at a minimum, provide the following capabilities and characteristics:
1.Net Neutrality: In the provision of Broadband Service, Franchisee shall comply with the Open Internet regulations.
2.No Blocking: Franchisee shall not block lawful content, applications, services, or non-harmful devices; and
3.No Throttling: Franchisee shall not impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or the use of non-harmful devices; and
4.No Paid Prioritization: Franchisee shall not engage in paid prioritization, where paid prioritization means the management of the System to directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either (a) in exchange for consideration (monetary or otherwise) from a third party, or (b) to benefit an affiliated entity.
5.No Data Caps: The Franchisee shall not assign Data Caps to Broadband Services provided within the Franchise Area.
You can review Lincoln’s full Broadband Franchise document here. If your community is considering investing in conduit to attract private sector partners, Lincoln’s approach is good place to start.
Learn more about Lincoln’s project and all the ways they’ve realized benefits from their investment, by listening to Christopher interview David Young, the city’s Right-of-Way Manager, for episode 238, episode 228, and episode 182 of the Community Broadband Bits podcast. We’ve also written several stories about their achievements, having followed their progress since 2012, so check out the "Lincoln NE" tag.
Geoterm
Related Stories
Broadband Bills To Enhance Local Autonomy Thwarted By Wisconsin State Senate
In a setback to efforts aimed at enhancing broadband access across Wisconsin, the state Senate this week dealt a blow to three key bills aimed at improving various aspects of broadband provision.
Joplin, Missouri Strikes Partnership With ALLO Fiber To Beef Up Local Broadband Competition
Joplin, Missouri has announced a new broadband public-private partnership (PPP) with ALLO Fiber that should help boost competition and lower rates across the city of 52,000. The partnership poses a particular challenge to regional cable giant CableOne, which currently enjoys a monopoly over broadband access across a whopping 83 percent of the city.
RantanenTown Ranch Turns Into Broadband Playground For Tribal Broadband Bootcamp 11
Photo-filled look at the many days of prep and three days of immersive programming that went into creating Tribal Broadband Bootcamp 11 at RantanenTown Ranch.
Chicopee Massachusetts Takes ‘Fiberhood’ Approach To City Fiber Rollout
The city-owned utility in Chicopee, Massachusetts has adopted the “fiberhood” approach to broadband deployment as it expands affordable access to city residents under the Crossroads Fiber brand. Chicopee Electric Light launched Crossroads Fiber in the summer of 2019 and since then the utility has been expanding access steadily to the rest of the city.
Municipal Broadband Provider Whip City Fiber Serves Up Win “For Everybody”
Westfield City Council votes to approve $11.1 million bond for a new athletic track and field at the local high school, thanks to the success of Westfield Gas & Electric’s broadband subsidiary Whip City Fiber. And though the return on investment may not be as eye-popping as the $2.7 billion Chattanooga's municipal network, EPB Fiber, has reaped in Tennessee, Westfield officials hailed the community investment as a “huge moment” for local residents.
New $4 Million Open Access Project Brings Fiber Service To Rural West Virginia
A new $4 million project funded by the Appalachian Regional Commission and the U.S. Economic Development Administration will help bring affordable fiber broadband to long underserved parts of West Virginia. The project primarily targets the rural counties of Randolph and Tucker, long stuck on the wrong side of the digital divide.