Tag: "preemption"

Posted October 13, 2021 by Ry Marcattilio-McCracken

In September, we wrote about the elimination of significant state barriers in Arkansas and Washington as legislators at the state level pushed to overturn the laws protecting monopoly providers which prevent localities from building and operating their own broadband infrastructure. 

The result of those moves is that the number of states which maintain barriers to community-owned networks fell to 17, heralding significant progress for the future.

The same week, Coalition for Local Internet Choice (CLIC) President Jim Baller testified before the Missouri House of Representatives' Interim Broadband Development Committee to address the state of preemption across the U.S. There, he argued that the "Missouri Legislature should follow the lead of Arkansas and Washington State and repeal the restrictions in R.S.Mo. § 392.410, once and for all. It should also reject any proposed new restrictions on municipal, cooperative, or public-private broadband projects." 

During the course of his remarks he makes a powerful case against "state barriers to municipal, cooperative, or public-private broadband initiatives":

[The] are not only bad for the communities involved, but they also hurt the private sector in multiple ways. They prevent private companies from making timely sales of equipment and services to municipal or cooperative networks. They impede companies from using advanced public or cooperative networks to offer businesses and residential customers an endless array of modern products and services. They thwart economic and educational opportunities that can contribute to a skilled workforce that would benefit existing and new businesses across the state. They also deny the community the economic and social benefits from which everyone in the community can benefit, including the private sector. 

He continues:

At the community level, advanced communications networks, like electric utilities in the last century, have increasingly become platforms, drivers, and enablers of simultaneous progress in just about everything that matters to communities. This includes economic and workforce development, all levels of education, public safety, modern health care, smart transportation, ...

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Posted October 5, 2021 by Maren Machles

On this week’s episode of the Community Broadband Bits Podcast, host Christopher Mitchell is joined by Angela Bennink (Telecommunications Director for Kitsap Public Utility District) and Laura Loe (Executive Director of Share The Cities Community Education & Share The Cities Action Fund) from Washington state. 

The group discusses the struggles Public Utility Districts (PUDs) have experienced over the last 20 years as a result of the state’s legislative restrictions. In 2000, the state legislature passed a law restricting PUDs from offering retail telecommunications services, despite the fact that they are a natural path toward getting fiber infrastructure to all Washingtonians. 

They recount the tumultuous road to repealing the restrictions and how PUDs and other community networks are working toward providing better competition and Internet access to the region.  

This show is 42 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed. You can listen to the interview on this page or visit the Community Broadband Bits page.

Transcript coming soon. 

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes here or view all episodes in our index.

Subscribe to the Building Local Power podcast, also from the Institute for Local Self-Reliance, on iTunes or ...

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Posted September 28, 2021 by Maren Machles

On this episode of the Community Broadband Bits podcast, host Christopher Mitchell is joined by occasional guest host Sean Gonsalves, ILSR’s Senior  Reporter, Editor, and Researcher to take a hard look at our philosophies around competition and telecommunications regulation. 

Sean briefly recaps a recent update by ILSR Researcher and Writer Jericho Casper on preemption developments over the last year. While both Arkansas and the state of Washington regulators opened up opportunities for public entities to get into the broadband market, Ohio treaded dangerously close to squashing competition. Chris and Sean plug the recent GIS position that opened up on our team

The two get down to the nitty gritty reality of competition in telecommunications, that it tends to be more of the exception than the rule in a market that has historically dominated by monopoly power. They discuss how regulation capable of overcoming this dynamic will be the most impactful locally and not in Washington, D.C. 

This show is 52 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed. You can listen to the interview on this page or visit the Community Broadband Bits page.

Read the transcript...

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Posted September 15, 2021 by Jericho Casper

In years past, states have implemented preemptive laws that make it more difficult or impossible for communities to build their own Internet networks. 

These state barriers were often enacted at the behest of large telecom monopolies to limit competition, and include everything from outright bans on municipal broadband networks to oppressive restrictions and requirements which create legal uncertainty for communities attempting to offer telecommunications and Internet services, including via partnerships.

When the Covid-19 pandemic hit the United States in March 2020, there were 19 states maintaining significant restrictions on municipal networks. Today, the number of states upholding these barriers has been reduced to 17. The pandemic served as a turning point in the fight for local authority, and in the past year, Arkansas and Washington adopted legislation significantly rolling back legislative barriers on publicly owned broadband networks. 

In February of 2021, both chambers of the Republican-dominated Arkansas State Legislature voted unanimously to send Senate Bill 74 to State Governor Asa Hutchinson, who signed the bill into law. The legislation grants government entities the authority to provide broadband services and expands the financing options available to municipalities to fund municipal broadband projects.

In May of 2021, Washington State Governor Jay Inslee signed two bills expanding municipal authority to provide retail Internet services to end-users, House Bill 1336 and Senate Bill 5383. Both bills reduce barriers to municipal networks, but House Bill 1336, which completely removes all previously-held restrictions on public broadband in the state of Washington, is expected to take legal precedence.

The recent progress made by Arkansas and Washington is extremely timely as more federal, state, and local funding is...

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Posted September 2, 2021 by Maren Machles

As communities across the country are working to bring more affordable, reliable Internet access to their residents, one county in Michigan is gearing up to reach every household within its bounds. On Wednesday night, the Washtenaw County Board of Commissioners held a Ways and Means meeting and unanimously approved a resolution obligating state funding, including American Rescue Plan funds, to several initiatives, with $14.6 million dollars being allocated to broadband infrastructure. 

Although some communities in the county have made progress in recent years in improving connectivity, thousands of households have been left with broadband at basic speeds. While many are slated to receive service via the recent wins by Mercury Broadband (a Kansas-based ISP, focused on connecting rural America) and Midwest Energy and Communications (MEC, a Michigan electric cooperative) from the 2020 Rural Digital Opportunity Fund (RDOF) auction, there are still 17 townships scattered across the county with more than 3,000 households that remained unserved. 

Back in May, the Washtenaw County Broadband Task Force put out a Request for Proposal (RFP) to plug the remaining holes, with the Task Force signalling its general happiness with the responses in the recent meeting. The allocation on Wednesday, if it receives final approval in the near future, will be used to fund the project proposals the Broadband Task Force is currently negotiating with four ISPs: Midwest Energy and Communications, Washtenaw Fiber, Comcast and Charter-Spectrum. 

This vote brings the Washtenaw County Broadband Task Force one step closer to its goal of countywide broadband equity. Its $14.6 million dollar plan will either be approved or vetoed by the County Board of Commissioners on Sept. 15. 

The Journey to Countywide Broadband Equity

The Washtenaw County Broadband Subcommittee was formed in 2017 to assess the county’s broadband coverage and make recommendations about how to achieve “countywide broadband equity” by 2022. 

The Subcommittee came out with...

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Posted August 17, 2021 by Maren Machles

This week on the Community Broadband Bits podcast, Christopher Mitchell is joined by Executive Director of the ConnectMaine Authority, Peggy Schaffer to discuss strategies that might make Maine and other states successful in solving connectivity issues with the $42 billion in broadband funding the new infrastructure plan sets aside to go directly to states.

States will receive the funding directly and not through the FCC, as has worked in the past. The bill specifically says that when states award the grant money, they “may not exclude cooperatives . . . public or private utilities, public utility districts, or local governments from eligibility for such grant funds," which will allow states without restrictions on municipal networks to seriously consider investing in them. They discuss how this new structure will allow for more accountability and will prompt states to think critically about how to spend the funds. Schaffer, who helped shape the broadband piece of the infrastructure bill, talks about the conversations she’s having with communities across the state of Maine as they prepare to receive the funding, and how she is imploring them to think about future-proof solutions.

This show is 26 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed. You can listen to the interview on this page or visit the Community Broadband Bits page.

Transcript coming soon. 

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes here or view all episodes...

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Posted July 20, 2021 by Maren Machles

Since the passing of the Tennessee Broadband Accessibility Act (TBAA) in 2017, the state has poured more than $100 million into connecting its most rural communities, and more than 20 electric cooperatives throughout the state have spent the last four years making their way into the broadband business. 

Back in 2016 and 2017, Sequachee Valley Electric Cooperative (SVEC), along with many other electric cooperatives, advocated for the right to build fiber-to-the-home (FTTH) networks out to their memberships in the most rural parts of the state. When TBAA passed through the state legislature, removing major barriers for cooperatives to build out their own networks, SVEC got to work.

Today, 23 electric cooperatives in Tennessee have launched their own broadband projects, including SVEConnect, a broadband subsidiary of SVEC offering FTTH that has connected more than 4,400 members across Marion County. 

From Electrification to Connectivity

SVEC was formed in 1939 to address the broad gaps in access to electricity throughout the rural areas surrounding Chattanooga, Tennessee in Bledsoe, Grundy, Marion and Sequatchie counties. When the cooperative was first established, the nonprofit’s leaders would frequent community events at churches and neighborhood gatherings, keeping their fingers on the pulse of community needs. The cooperative began offering an essential service: electricity.

More than 80 years later, a new disparity in service was emerging: members in SVEC’s service area were not receiving the same high-speed Internet options that were offered in urban areas around the state. 

A problem remained, however. In Tennessee, broadband wasn’t listed in the state statute definition of the “community utility services” cooperatives were allowed to...

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Posted July 12, 2021 by Maren Machles

The Institute for Local Self-Reliance has partnered with Southeast Nebraska Development District (SENDD) and the Nebraska Economic Developers Association (NEDA) to present a broadband seminar series to provide education to local elected officials, economic developers and other stakeholders. The series covers everything from the basics of broadband infrastructure and technology to financial models to the longterm benefits of investing in fast, reliable Internet access.

The series was developed by Christopher Mitchell, in collaboration with SENDD and NEDA, and produced and edited by ILSR Senior Researcher and Multimedia Producer Maren Machles.

Episode 1

In the first episode, Christopher introduces broadband technology and terminology, including network basics, infrastructure development, and business models. 

 Episode 2

In the second episode, Christopher is joined by Brent Comstock (CEO and Founder, BCom Solutions), Thomas Magnuson (Geriatric Psychiatrist at University of Nebraska Medical Center), Kyle Arganbright (Mayor of Valentine, NE and Executive Vice President and co-founder of Sandhills State Bank), and Brook Aken (Economic Development Manager, Omaha Public Power District) to discuss the longterm benefits of fast, reliable broadband on everything from economic development to telehealth. 

Episode 3

Christopher is joined by David Young, Chief Information Officer for the City of Lincoln and Lancaster County in the third episode of the series. The two give guidance on state and federal broadband programs as well as barriers, challenges, and solutions for broadband infrastructure deployment.

Episode 4

In the final episode of the series, Christopher interviews Brad...

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Posted July 6, 2021 by Ry Marcattilio-McCracken

The Centennial State has been a leader over the last fifteen years in showcasing how communities can take back local authority from restrictive state laws which place barriers in front of municipal broadband efforts. More than 150 communities in the state have done so since the 2005 law went into effect, and cities like Longmont, Loveland, and Fort Collins continue to show the value of investing in local broadband infrastructure and bringing the service residents, businesses, and community anchor institutions need. 

Cortez, Colorado (pop. 8,700) is the latest municipality to join the club. In a referendum last month, residents raised their hands to opt out of SB 152, with 78 percent in favor. 

Afterwards, former Mayor Karen Sheek remarked that “To move forward on finding solutions to improve Internet service for our community, we need the exemption. It is the next natural step." Cortez General Services Director Rick Smith said that broadband service remains weak outside the "downtown corridor, in schools, libraries and government offices."

The city already operates an I-Net for public facilities, businesses, and anchor institutions (listen to Christopher talk with General Services Director Rick Smith on the podcast about it).

What's next for the city remains to be seen, but others in the state are forging ahead. Four other communities - Berthoud (pop. 7,200), Mead (4,600), Johnstown (15,000), and Milliken (7,200) - have banded together together to perform a survey of residents as a prelude to taking next steps. Berthoud opted out of the preemption law last November (along with Denver and Englewood) while Johnstown did so in April 2020 and Mead opted out in the fall of 2019.

...

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Posted July 1, 2021 by Ry Marcattilio-McCracken

Congress and the White House are currently managing a handful of different infrastructure proposals which are coming down the pipeline fast. In terms of major legislation, there’s President Biden’s revised $65 billion in funding as part of the American Jobs Plan, the Bridge Act, which would see $40 billion dispensed in state block grants aimed at unserved and poverty-stricken parts of the country, and the LIFT Act, which comes from the 32 Democrats on the House Committee on Energy and Commerce and would allocate $80 billion for infrastructure and another $30 billion for next-generation 911 services and digital inclusion efforts. 

It remains uncertain where we will ultimately land on the above, but a few things are clear: whatever plan we as a country adopt, this is a once-in-a-generation endeavor to upgrade and expand our broadband infrastructure in the name of future-proof, affordable, and universal service. Whatever framework is agreed upon will drive how and where we invest, and those are critical considerations to make.

It’s time for you to reach out to your city, state, and congressional leaders and stress that all of the above can only be achieved when communities are allowed to play an active role in the process. Local challenges require local solutions, especially when it comes to broadband infrastructure. The current marketplace is fundamentally broken, with more than 80 million Americans stuck with just one Internet Service Provider for their home connections: the majority of whom are national monopolies that have spent far more time and money during the last twenty year to protecting their territories so they can continue to extract profits from communities and send them to shareholders thousands of miles away.

Above all else, this means that cities and cooperatives – as trusted, accountable entities which have been delivering basic...

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