On Monday, a new bill introduced into the Arkansas State Legislature has the potential, if passed, to remove almost all existing barriers to municipal broadband in the state. SB 74 was introduced in the 93rd General Assembly, Regular Session 2021 by State Senators Breanne Davis and Ricky Hill and their counterparts Representatives Brian Evans and Deann Vaught. 

The legislation would substantially amend the state’s Telecommunications Regulatory Reform Act of 2013, which in most scenarios bans government entities from building and owning networks and delivering services to residents in pursuit of promoting competition and bringing Internet access to unconnected parts of the state.

SB 74 keeps an existing ban on providing basic local exchange service in place (i.e. telephone), but otherwise allows municipalities to build, buy, and operate network infrastructure to deliver digital voice, broadband, data, and wireless telecommunications service to anyone in the state. 

Slow Progress in Recent Years

Currently in Arkansas, municipalities are allowed to build or partner with private companies to build broadband infrastructure, but only if they acquire a grant or loan to do so and only do so in unserved areas. When policy veterans last commented on these particulars of the legislative landscape in 2019, they were worried that such geographic and financing restrictions would effectively preclude new networks, and they were right. 

SB 74 eliminates these two restrictions, which represents a significant step forward. It also adds consolidated utility districts to the list of eligible entities, removes the requirement to file a public notice, and dramatically expands the emergency services clause to include healthcare services, education, and “other essential services.”

This is not the first time State Senator Davis and fellow lawmakers have attempted to fix the state’s broken regulatory environment. In early 2019, SB 150 sought to do many of the same things, but in the end was altered by amendments such that it only allowed government entities to deploy broadband in unserved areas and only if they received...

While the bulk of the Accessible, Affordable Internet for All (AAIA) Act proposes to invest $100 billion to expand broadband access in unserved and underserved parts of the country, the legislation also looks to build an essential bridge across the digital divide that goes beyond new infrastructure. An important part of the equation involves addressing laws and policies that have proven to be obstacles to Internet connectivity for tens of millions of Americans.

In our previous installments examining the AAIA, we covered the big-ticket items – the why, how and where the $100+ billion would be invested. This final installment in the series covers the last three major sections of the bill: Title IV – Community Broadband; Title V – Broadband Infrastructure Deployment; and Title VI – Repeal of Rule and Prohibition on Use of NPRM.

These last three sections of the AAIA do not call for any federal appropriations but instead aim to tackle several thorny policy challenges.

Removing State Barriers to Municipal Broadband Initiatives

Title IV – Community Broadband (Section 4001) of the bill is straight-forward. It would prohibit state governments from enforcing laws or regulations that prevent local governments, public-private partnerships, and cooperatives from delivering broadband service.

As it stands now, there are 19 states across the country where state legislators have passed laws designed to shield the biggest corporate Internet Service Providers (ISPs) from competition. Those laws were mostly written by lobbyists for these behemoth monopolies and duopolies, despite the fact that the Big Telcos have failed to deliver reliable, affordable and truly high-speed Internet access to large segments of the population.

In Colorado, for example, legislators in that state passed SB-...

If you have been following our series on the Accessible, Affordable Internet for All (AAIA) Act, you already know the proposed legislation calls for a $100 billion investment in expanding broadband access and affordability in unserved and underserved parts of the country. In this fourth installment of the series, we explore the part of the bill that contains the bulk of the funding. Of the $100 billion proposed in the bill, $85 billion of it can be found in the Title III - Broadband Access section.

Amending the Communications Act of 1934, Section 3101 of the bill appropriates $80 billion for “competitive bidding systems” to subsidize broadband infrastructure. That is to say, it requires the Federal Communications Commission (FCC), and states, to use “competitive bidding systems” for Internet Service Providers (ISPs) to bid on broadband deployment projects in “areas with service below 25/25 Megabits per second (Mbps), and areas with low-tier service, defined as areas with service between 25/25 and 100/100 Mbps.” The term “competitive bidding” seems to suggest a reverse auction process, though it hardly makes sense for each state to set up such a system given the logistical challenges. A legislative staffer responded to our email earlier this year saying he believed that language would allow for state programs that solicited applications from ISPs and scored them for evaluation, much like Minnesota’s Border-to-Border Broadband program operates. However, he noted that the FCC would interpret that language ultimately. More on this below. 

Prioritizing Higher Upload Speeds

It’s worth noting that this part of the bill implicitly acknowledges the insufficiency of the current FCC definition of a minimum broadband speed of 25/3 Mbps. As it stands now, the FCC defines “unserved areas” as parts of the country where there is either no Internet access or broadband speeds under 25/3. This legislation raises the bar and broadens the definition of “unserved areas.” It’s a step in the...

Without good information from Internet Service Providers (ISPs), the federal government is essentially shooting in the dark when it comes to determining how to best target the allocation of resources for underserved and unserved communities. Even private sector investments are less efficient because of the lack of good data about broadband availability and pricing. That’s why the second major section of the Accessible, Affordable Internet for All Act (AAIA), currently languishing in the U.S. Senate, aims to address the nebulous nature of broadband data at the Federal Communications Commission (FCC).

In this third installment of our series on the AAIA, we explore the ”Title II – Broadband Transparency” section of the Act, which requires the FCC to adopt rules to gather accurate and up-to-date information from ISPs about broadband service plan prices and subscription rates. It also requires the FCC to collect data that will allow the federal government to assess the resiliency of the nation’s broadband network in the event of a natural disaster or emergency.

Better Data is Needed

Anyone who closely follows FCC news is already familiar with the problems associated with the agency’s broadband coverage maps, which most experts agree overstate actual broadband coverage. Though recent studies indicate there may be as many as 41 million people who lack access to fixed broadband in the United States that meets minimum speed of 25/3 Megabits per second (Mbps), the FCC claims that number is closer to 18 million. It’s a big discrepancy with big dollar implications, as the coverage maps are the basis upon which agencies and states make major funding decisions.

The problem lies with the FCC’s existing Form 477, which seeks service availability data from ISPs. There’s widespread agreement that the form gleans data that is inaccurate, outdated, and misconstrued, as we detail here...