Murfreesboro, Tennessee suddenly finds itself awash with looming broadband competitors thanks to the city’s booming growth. In less than a month, United Communications – owned by not-for-profit electric cooperative Middle Tennessee Electric (MTE) – and Google Fiber have unveiled major plans to expand affordable gigabit fiber within city limits.

MTE-owned United Communications says it has some big plans for the city of 157,000, starting with broadband upgrades for the utilities’ 77,000 existing electricity customers.  

According to a recent announcement, the cooperative-owned ISP will spend $85 million in existing cash reserves to deploy 1,400 miles of fiber in the city, bringing affordable gigabit access to existing MTE electricity customers. As with many utility deployments, the upgrades will prove beneficial for electrical grid monitoring and maintenance.

“We’ve already completed phase one in the Boro, which includes our fiber backbone and service to more than 1,000 homes and businesses. As part of phase one, we also built fiber to the square in downtown Murfreesboro,” United President and CEO William Bradford said in a statement. “It was a privilege to put our fiber infrastructure to work by connecting our neighbors in disadvantaged communities and adding resiliency to the local emergency communications network.”

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Last year, United received $53.4 million in grants from the Tennessee Emergency Broadband Fund (made possible by the The American Rescue Plan Act of 2021) to help shore up broadband access in numerous Tennessee counties, including Bedford, Franklin, Giles, Lincoln, Marshall, Maury, Moore and Williamson.

As the National Telecommunications and Information Administration (NTIA) continues to move forward in administering the single biggest federal investment to expand high-speed Internet access in U.S. history, each state and U.S. territory is wrestling with how to best spend the windfall as they lay out their Five Year Action Plans and Initial Proposals necessary to claim their portion of the $42.5 billion BEAD program.

One major barrier to providing universal access to fast, reliable and affordable Internet service–long recognized by ILSR, telecom experts, and a growing number of ordinary citizens–are the monopoly-friendly preemption laws that either outright ban or erect insurmountable barriers to building publicly-owned, locally-controlled broadband networks, aka municipal broadband.

Preemption in the BEAD Era

Currently, 17 states have such preemption laws, most of which have filed their Five Year Action Plans and/or their Initial Proposals. In each of those states, at the behest of Big Cable and Telecom incumbents, state lawmakers have erected legislative barriers to municipal broadband to protect the monopoly players from competition, which is at the very heart of why the digital divide exists in the first place and why tens of millions of Americans suffer from the slower speeds and higher costs that go hand in hand with monopoly service.

A massive coalition of more than 300 broadband policy experts and organizations have written a letter to the U.S. government, warning that smaller broadband providers, nonprofits, and municipalities will be elbowed out of an historic $42.45 billion broadband grant program without some notable changes to program rules.

At the heart of their concerns sits the Broadband Equity Access and Deployment (BEAD) program, made possible by the recently passed infrastructure bill, and administered by the National Telecommunications and Information Administration (NTIA). The grant program is a once-in-a-lifetime opportunity to put a significant dent in America’s longstanding digital divide.

But BEAD program rules currently require grant recipients to obtain a letter of credit (LOC) from a bank, collateralized by cash or cash-equivalent. They also require grant winners to provide "matching funds of not less than 25 percent of project costs," though the latter restriction can be waived in some high deployment cost areas.

While the restrictions were intended to reduce the risk of project failure (a touchy subject for the government in the wake of problems with the FCC’s RDOF program), they require grant recipients to lock away vast and untouchable sums of capital for the duration of any broadband build, most of which last several years.

The key for states to unlock their portion of the $42.5 billion in federal BEAD funds is the submission and approval of their Five Year Action Plans and Final Proposal. The infrastructure law requires states to first file an action plan, and then prepare more detailed Initial Proposals, allowing residents and stakeholders to submit public comments.

So far, 14 states have filed their Five Year Action Plans with the National Telecommunications and Information Administration (NTIA), the Treasury Department agency in charge of allocating the funds to each state and U.S. territory. According to the NTIA’s website, Maine, Louisiana, Delaware, Georgia, Hawaii, Idaho, Kansas, Montana, North Carolina, Ohio, Oregon, Pennsylvania, Utah, and Vermont have all filed their draft Five Year Action Plans.

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The states that are now in the process of completing their Initial Proposals include: Delaware, Kansas, Louisiana, Montana, Ohio, Tennessee, Vermont, Virginia and Wyoming.

Today, we will look at two states (Maine and Louisiana) and follow up with the others as we are getting a clearer picture of how each state intends to put this historic infusion of federal funds to use.

Maine

Data unsurprisingly ranks remote Alaska dead last when it comes to the availability of affordable broadband. That’s particularly true in areas like Bristol Bay, an area the FCC’s updated broadband maps suggests lacks access almost entirely. But as with most underserved regions, local cooperatives are at the forefront of efforts to finally address the problem.

Launched in 1975, the member-owned Nushagak Electric & Telephone Cooperative, based in Dillingham, Alaska, offers locals broadband access through microwave towers; often the only way to provide service across Alaska’s rugged landscape. But the co-op, which also offers a electric, telephone, and cable TV service, says it’s on the cusp of new fiber deployments that should finally bring next-generation speeds to a chunk of the co-op’s members.

The co-op has been working since 2021 on a $22.4 million plan to expand more reliable fiber to the region. The project is partially funded by the USDA ReConnect program as well as $6.5 million in term loan money from the National Rural Utilities Cooperative Finance Corporation. The cooperative will also use $784,000 of its own money to get the project underway.

Each year since its creation in 2017, the Indigenous Connectivity Summit (ICS) has convened those working on the frontlines of Tribal connectivity. It brings together decision makers and stakeholders to build support for digital sovereignty and quality, affordable connectivity for Indigenous communities. 

With less than 60 percent of those living on Tribal lands in the lower 48 states having access to basic broadband connections – as Native Nations have regularly been excluded from policy conversations around these issues – ICS has become an important voice as the federal government is finally investing billions of dollars to expand high-speed Internet access across Indian Country.

The Summit, held this year in Anchorage, Alaska, was hosted by the Indigenous Connectivity Institute, an affiliate of Connect Humanity, an organization that supports underserved communities’ pursuit of better Internet access and enhancing digital skills. The Summit has become the most prominent event of its type in North America.

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Summit participants don’t just convene and talk. They also agree on a series of calls-to-action for governments and other entities with an eye on promoting digital equity in Indigenous communities. Last year’s calls to action, which included messaging around inclusive Tribal consultation, government and industry accountability, Indigenous spectrum rights, and workforce development, served as the foundation for this year’s focus.

It may not generate a lot of headlines in a national press obsessed with AI and billionaire fist fights, but the debate over the final version of the looming farm bill remains important all the same. Especially when it comes to the future of affordable broadband.

The farm bill, generally renewed every five years, provides U.S. policymakers the occasional opportunity to address agricultural and infrastructure issues essential to not only the basic functioning of the country, but the very survival of marginalized Americans.

That includes programs like the Supplemental Nutrition Assistance Program (SNAP, or “food stamps”), which provides affordable food to an estimated 41.9 million Americans–or roughly 12.5 percent of the U.S. population.

The bill has also proven essential to the ongoing maintenance and equitable distribution of modern infrastructure, including affordable broadband access. That includes the funding of essential programs such as the U.S Department of Agriculture’s ReConnect broadband grant program, and the Community Connect Grants program.

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The farm bill may also soon play a key role in maintaining another key government program: the $14 billion Affordable Connectivity Program (ACP) currently overseen by the Federal Communications Commission (FCC).

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