When local elected officials in Colorado put the issue before constituents last fall, voters in almost 50 communities chose overwhelmingly to reclaim local telecommunications authority. Colorado's state law that strips away local authority, SB 152, permits opt-out through referendum. Referendums are expensive for local communities, but at least they are a way to reclaim the power to decide their own future. 

That ability to opt out will get more expensive and more burdensome if a new bill becomes law. Even though the state removed local authority with SB 152, this bill demonstrates that the legislature can still find a way to strip away more local control when big corporate providers feel threatened.

Local Leaders Concerned

SB 136, sponsored by Kerry Donovan, was introduced on March 4th under the guise of "modernizing" the dreaded SB 152. The bill is now waiting for a hearing in the Senate State, Veterans, and Military Affairs Committee. According to the Aspen Daily News, Pitkin County Commissioners are wary of the bill's consequences. So are we. Ninety-two percent of Pitkin County voters approved the opt-out of SB 152 last November, thereby reclaiming authority. The county has already completed a needs assessment and is obtaining bids for telecommunications infrastructure; they don't want this bill to derail their efforts.

Kara Sillbernagel, Pitkin County analyst, shared her interpretation with the Board of County Commissioners (BOCC):

...[A] concern is SB 136 could open the door to potential litigation in the opt-out process.

...

Silbernagel added that, in her opinion, the language complicates the issue away from the simple opt-out solution, and introduces terms which have left governments that opted out “feeling vulnerable.”

“[Concerns are that] it actually seems to be more restrictive for counties moving forward,” she said.

"Modernized" Language = "Modernized" Barriers

Last we checked in with Steamboat Springs they had just finished a connectivity project. Now the community is taking another step to improve local connectivity in this northwest Colorado ski resort town.

The goal is to connect large community anchor institutions throughout town with a fiber backbone which could become the basis for a larger network. Several community anchor institutions have pooled their resources and pledged $748,000 while also securing a matching grant to install 9 miles of fiber across the small town of 12,000. Funding is in place, but the agreement between the institutions must be finalized before sending out an official request for proposals to find a company to install the fiber.

Matching Grants & Community Connectivity

The Colorado Department of Local Affairs (DOLA) intends to match the community’s contributions towards the project. DOLA will provide $748,000 in grant money for the fiber backbone. According to Routt County Manager Tom Sullivan in Steamboat Today, the fiber design will have splice points to allow private providers to provide last-mile connectivity to residents’ homes and businesses from the fiber backbone.

So far, the large institutions pitching in for the 9 miles of fiber are: Routt County’s public safety complex, Yampa Valley Electric Association, the city of Steamboat Springs Mountain Fire Station, Yampa Valley Medical Center, Colorado Mountain College, and the Steamboat Springs School District. Several of these institutions had previously collaborated with the Northwest Colorado Broadband group and the Steamboat Springs Chamber Resort Association on the community's first connectivity project.

The Carrier Neutral Location

Colorado may have been the epicenter of local authority disruption this election cycle but two Iowa elections were also worth exploring.

Decorah Chooses Muni Authority

In Decorah, the community of 8,000 received awards for its innovative use of the city's dark fiber network, MetroNet. A community led effort, Decorah FastFiber, convinced community leaders to ask voters if they want to expand the use of that fiber. Voters decided 1,289 to 95 to give the city the authority to establish a municipal telecommunications network.

Decorah's ballot question specifically asked if that authority should extend to video, voice, telephone, data, and all other forms of telecommunications and cable communications, reports the News. A second ballot question, which passed with similar results, asked voters to authorize the city to establish a Board of Trustees for the utility.

Vinton Trusts Its Electric Utility

Vinton, home to approximately 5,200 people, voted overwhelmingly to form a telecommunication utility. The community, located northwest of Cedar Rapids, voted 792 to 104 to put the community's municipal electric utility in charge of the initiative. This matter had been voted on twice previously - in  both cases the community had voted against the proposition. 

A comparatively large number of communities in Iowa have invested in their own Internet networks but Mediacom and other providers like CenturyLink have fought hard to prevent municipalities from passing the necessary referendum to build a network. This year, we had no reports of opposition from incumbent operators, a remarkable change that frankly leaves us puzzled but hopeful nonetheless. 

Congrats to both Decorah and Vinton for reclaiming digital self-determiniation. We don't know if either one has immediate plans to build a network or what model they may use but now they have full authority to explore all options.

The "constant drumbeat" of complaints about poor connectivity pounding from Colorado communities ended with a climactic crash at the polls on Tuesday. Referenda in 47 communities* - 27 cities and towns; 20 counties - all passed overwhelmingly to reclaim local telecommunications authority. 

Staggering Approval

The landslide victory was no surprise. Last year, nine communities asked voters the same issue of whether or not they wanted the ability to make local telecommunications decisions. That right was taken away 10 years ago by SB 152. Two other communities took up the question earlier this year with 75 percent and 92 percent of voters supporting local telecommunications authority.

A few larger communities, such as Boulder, Montrose, and Centennial, presented the issue to the voters and reclaimed local authority in prior years. This year, most of the voting took place in smaller, rural communities where incumbents have little incentive to invest in network upgrades.

This year, results were similar as the majority of voters supported local measures with over 70 percent of ballots cast. In Durango, over 90 percent of voters chose to opt out of restrictive SB 152; Telluride voters affirmed their commitment to local authority when over 93 percent of votes supported measure 2B. Many communities showed support in the mid- and upper- 80th percentile.

Schools Win, Too

One year ago, a wave started in Colorado as voters in a handful of communities chose to reclaim the local telecommunications authority revoked by CenturyLink lobbyists in 2005. This year, the wave is even bigger.

Colorado Communities Want the Choice

As 2015 election day approaches, voters in 43 Colorado communities are on track to keep the momentum going across the state. A total of 17 counties, 26 towns, and at least 3 school districts are taking the issue to voters, reports the Colorado Municipal League. Referendums to opt out of restrictive SB 152 will take place across the state, much to the chagrin of big ISPs who spent millions in lobbying dollars to get the bill passed.

Local Support: “Yes” in Steamboat Springs

Momentum is growing in WiredWest territory and each town that votes takes on a fresh enthusiasm. New Salem is one of the latest communities to overwhelmingly support joining the municipal broadband cooperative. The Recorder reported that all but one of the 189 registered New Salem voters chose to authorize borrowing $1.5 million to move forward with the initiative. There are now 22 towns that have joined.

According to Moderator Calvin Layton, a typical town meeting draws 60 to 70 voters, far less than this one did. Apparently, investing in better connectivity is a hot button issue in places like New Salem, where Internet access is slow, scant, and expensive.

Poor connectivity has impacted local commerce and even driven some residents with home-based businesses away from New Salem. For Travis Miller, a role playing game designer, and his wife Samantha Scott, an IT professional, the town’s slow Internet speeds were holding them back so they moved away. In a letter to the New Salem Broadband Committee, Miller wrote:

A lack of broadband Internet service was one of the elements in our decision to move. A substantial online presence has become a basic requirement for successful table top game designers. Many of the platforms used to interact with fans and clients require broadband service. Our lack limits my income and makes further penetration into the market difficult if not impossible.

Adam Frost — owner of an online toy store, The Wooden Wagon — also found New Salem’s slow Internet speeds to be a limiting factor for his business. He said:

Though The Wooden Wagon is a specialty business, our needs are not unique: pretty much any business owner or person hoping to telecommute has the same requirements. Businesses outside the region with whom we work expect us to be at the same level technologically as they: they will not make concessions just because our Internet service is outdated. We must keep up, or be left behind.

Changes in leadership in Chanute have put the community's FTTH plan in suspended animation. In April, the City Commission decided to delay financing shortly before the scheduled bond sale. It is unfortunate that residents and businesses will lose the opportunities the fiber deployment would bring. Nevertheless, they deserve the right to make their own choices, good or bad.

The community of Chanute deployed a network incrementally with no borrowing or bonding in order to improve efficiencies, save public dollars, and control connectivity for municipal facilities. Local schools and colleges, struggling to compete, began taking advantage of technology in the classroom and expanded distance learning. The network eventually created a number of economic development opportunities when community leaders started providing better connectivity to local businesses. We told Chanute's story in our 2013 report "Chanute's Gig: One Rural Kansas Community's Tradition of Innovation Led to a Gigabit and Ubiquitous Wireless Coverage." 

Chanute made history when it was the first municipality in Kansas to obtain permission from the Kansas Corporation Commission to issue bonds for the project. They also became the first municipality in the state to seek and receive "eligible telecommunications carrier" (ETC) status. Chanute was awarded over $500,000 in Rural Broadband Experiment Funds from the FCC. Whether or not they will still be able to take advantage of those funds remains a question. After taking action and putting so many of the necessary pieces in place, it is disheartening to see the plan abandoned by politicians.

Regardless of the future of the FTTH project, Chanute has the infrastructure in place to encourage more economic development, connect community anchor institutions, and allow the community to control its own costs. The FTTH project is still a possibility.

Islesboro residents voted on May 30th to move forward with their municipal network plan. According to the Islesboro Press Herald, approximately 75 percent of voters attending the annual town meeting approved a motion to spend $206,830 on an engineering study and contractor search. Approximately 200 residents attended.

As we reported in March, the community has been working since 2012 on a plan for a fiber network to improve connectivity for businesses and the almost 600 residents on the island. The infrastructure will belong to the Town of Isleboro; GWI will offer services via the network. The entire project estimate is $2.5 - $3 million to be funded with a municipal bond.

Many of the island's residents now obtain Internet access via DSL from Fairpoint, which has been described as spotty and unreliable, for $20 - $70 per month. GWI already operates on the island, offering wireless service.

This is the first in a several step approval process:

Town officials plan to hold a second public vote in the fall on 20-year municipal bond for up to $3 million that would fund the network’s construction, [Selectman Arch Gillies] said.

Completion is scheduled for the end of 2016.

“We’re a community intent on keeping up with the world, and maybe getting ahead of the world,” [Gilles] said.

On April 7th, voters in Glberts, Illinois, chose not to raise taxes to deploy a municipal fiber network, reports the Daily Herald. According to the article, 81 percent of ballots cast voted against the proposal. Voter turnout was low, with only 682 ballots cast out of 4,002 registered voters in town.

As we reported last month, local developer Troy Mertz plans to deploy fiber to each structure in a new housing development, The Conservancy. His fiber company will also install fiber to nearby municipal and public safety buildings and the Gilberts Elementary School. The plan was to issue General Obligation (GO) bonds to finance a publicly owned network throughout the rest of the community. The proposal would have raised taxes approximately 1.8 percent or $150 per year on properties with a market value of $250,000.

For the developer the plan will remain the same:

Mertz still plans to go ahead and connect The Conservancy's planned fiber optic network to municipal and public safety buildings plus Gilberts Elementary School, saying it was built into his development plans.

"The goal of village was always to getting fiber to our industrial areas," said Gilberts Village President Rick Zirk. "As a community, we asked the rest of the village, 'Do you want the same service and the same options that the new part of town and the industrial park?' And it seems that they don't want to pay for it."

There is a definite lesson here for any other communities considering a similar plan - educate the voters and make sure they are excited about it! From what we can tell, there was little effort to make people aware of the plan and the turnout for the vote suggests that no one was particularly excited to make it happen.

Grand Junction is the latest Colorado community to vote to restore local telecommunications authority.

Much like the eight communities that decided last fall to reclaim that right, and Estes Park in February, Grand Junction voters spoke loudly through the ballot. Seventy-five percent of those casting ballots chose to restore authority.

Grand Junction community leaders have expressed a desire to work with providers to improve poor connectivity but have feared repercussions from state laws put in place a decade ago. They now plan to explore partnerships as well as municipal initiatives reports KKCO 11 News. 

“It’s an indication that people really want to see us have better fiber in this city so we'll step back as a city council and see what are next steps to go forward,” says Mayor Phyllis Norris.

The approval of Measure 2A reverses the effects of Senate Bill 152 that have been in effect for more than 10 years.

City and county leaders now have the power to negotiate with internet companies and explore options of how to share their broadband with citizens.

Rather than wait for the domino effect to make its way across the state, requiring millions to be spent on local elections, Colorado should simply repeal SB 152 and restore local authority to every community. Right now, the only beneficiaries of this barrier to local choice are the incumbent providers, who at the very least are able to delay needed investments in Internet infrastructure.