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Community Broadband Legislation Roundup – April 27, 2021

Snapshot

Washington Governor pledges to sign Public Broadband Act

Maine hearing will reveal State Legislature’s willingness to introduce competition to incumbent ISPs

California bill amended to remove bond initiative backing public infrastructure projects of local communities 

The State Scene

Washington

Two pieces of legislation aimed at expanding public broadband authority, H.B. 1336 and S.B. 5383, have been delivered to Washington Gov. Jay Islee to consider signing into law. Rep. Drew Hansen, the primary sponsor of H.B. 1336 recently told GeekWire that he “expects the governor to sign both.”

H.B. 1336 would give Washington’s cities, towns, counties, district ports and Public Utility Districts (PUDs) unrestricted authority to provide Internet services directly to end-users, while S.B. 5383, as a result of a series of amendments, deals largely with what information PUDs and ports have to provide to the state broadband office before offering service in unserved regions. 

There will be a meeting between the governor and the sponsors of the two bills on Thursday, which will likely determine their fate. Although arguments about how the two bills will interplay are continuing throughout the halls of the State Legislature in Olympia, the prevailing legal interpretation is that the finalized versions of the bills do not conflict. If both bills are signed, and discrepancies are later discovered to be an issue, it will prompt the State Legislature to convene in the future to standardize differences between the legislation. 

Old Town-Orono Fiber: Poetry in Slow Motion

Born in Orono, Maine, the poet Frances Laughton Mace’s most notable verses were published in 1854 as a hymn entitled “Only Waiting.” Over a century and a half later, residents in her native town – and in the neighboring community of Old Town just four miles up the road – might be inclined to hum a line or two. Not because they are getting religion, but because of the wait in getting Fiber-to-the-Home (FTTH) Internet connectivity.

After a decade of hopeful planning, disappointing setbacks, design work, and putting out multiple RFPs to move the project forward, the nonprofit OTO Fiber Corporation is on the verge of lighting up a six-mile fiber network this summer. With three miles of fiber deployed in Orono, a town of 11,000 residents and home to the University of Maine’s flagship campus, and the other half covering a portion of Old Town, the budding network will provide FTTH service to a limited number of residences and businesses in both towns. It’s a pilot project that, if successful, will serve as a core network which can eventually be extended to cover the entirety of both communities.

“It’s taken us forever to get to this point it seems. We started this process ten years ago and we are still slogging our way through while we’ve seen other communities zip ahead,” Belle Ryder, Orono Assistant Town Manager and President of OTO Fiber, told us this week. “It is really, really, really hard for communities relying on volunteers to pull off the feat of building and operating these networks.”

Ryder wasn’t complaining or exasperated. She was just being candid about the process she and her colleagues at OTO Fiber are committed to see through to the finish. The slog she is referring to goes back a decade when Orono was in the process of putting together a comprehensive development plan.

Families and Fiber, Fits and Starts

With just about half of the town’s population made up of college students living in off-campus apartments and the other half made up of residents 60 and older, “we really needed to draw families back,” Ryder explained. 

Digging IT in Dayton, Texas

DayNet, a new Internet utility emerging in Dayton, Texas, is looking to lasso a broadband-minded boss for this small East Texas city of approximately 7,200, about 37 miles east of Houston.

Applications are being accepted for a Broadband Manager/Head Network Engineer to oversee the business and technical operations of DayNet as the city has begun construction of a citywide Fiber-to-the-Home (FTTH) network.

In addition to hiring a Broadband Manager/Head Network engineer, the city is banking on the project to “increase competition and choice . . . while having a positive impact on economic development, education, and the technology amenities that are available to citizens and businesses.”

Good Credit, Better Broadband

To finance the construction, the Dayton City Council approved a $13.7 million bond issuance at a 2.56% interest rate, thanks to the city’s rising credit rating. Network construction began at the start of the year. And when the network is fully built, which is expected to be complete by 2023, 110 miles of fiber will criss-cross the city’s 11 square miles, passing every home, business, and anchor institution in Dayton.

Organizing for Change in Kaysville, Utah - Episode 439 of the Community Broadband Bits Podcast

This week on the podcast Christopher talks with Michelle Barber and Andre Lortz. Both serve on the Kaysville City Council and are members of the group Citizens for Kaysville Fiber, but today they join us to talk as regular citizens of the city of 30,000 in Utah.

Kaysville has been working to improve Internet access for years — some residents have good connectivity, but other parts of town are very poorly served. In 2019 it began considering a municipal network, and Michelle and Andre share the history of efforts to make forward progress as well as the moves made over the last twelve months. The city originally considered a model with a utility fee, but in the face of opposition ultimately decided for a bond approach which just saw a vote where the measure was defeated by less than 200 votes. Michelle, Andre, and Christopher talk about how it happened (including how major providers funded public relations campaigns to scare people away), and what the project’s continued support means for its future.

This show is 41 minutes long and can be played on this page or via Apple Podcasts or the tool of your choice using this feed

Transcript below. 

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. See other podcasts from the Institute for Local Self-Reliance here.

Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license.

Open Access Networks - Episode 4 of Connect This!

On Episode 4 of Connect This! Christopher is joined by Jeff Christensen (President, EntryPoint Networks), Dane Jasper (CEO and Co-Founder, Sonic), and Travis Carter (CEO, US Internet) to talk about open access models, and the challenges and opportunities they present. During the discussion they discuss barriers to entry, differentiation, dark fiber, and why we don't see more cities pursuing projects like this. They also have a little fun sharing what they think the FCC has gotten right and wrong over the last 4 years, and what Comcast's recent announcement about bandwidth caps will mean for users and competing Internet Service Providers (ISPs).

Mentioned during the episode was Chris' conversation with NetEquity Networks' Isfandiyar Shaheen and Althea Networks' Deborah Simpier about innovating financing models for expanding fiber networks.

Subscribe to the show using this feed

Read the transcript for this episode.

 

Chicago And Denver Voters Say Yes to Expanded Broadband Options

As voters went to the polls to cast ballots in the 2020 Presidential election, in two major metropolitan areas residents overwhelmingly approved ballot questions to move forward on exploring how to expand broadband access in their respective cities.

In Chicago, nearly 90% of those who cast ballots said “yes” to a non-binding referendum question that asked: “Should the city of Chicago act to ensure that all the city's community areas have access to broadband Internet?" With 2,034 of 2,069 precincts counted, 772,235 voters out of 862,140 cast their ballots in favor of that question.

That vote came on the heels of the roll out of “Chicago Connected,” a new initiative to bring high-speed Internet service to 100,000 households that do not have reliable access within the nation’s third-largest school district.

Meanwhile, in Denver 219,435 voters, or 83.5% of the city’s electorate, cast ballots in favor of question 2H, which allows the city to opt out of the state’s 2005 state law referred to as SB 152. That law prevents municipalities from building or partnering for broadband networks. Approval of the ballot initiative also grants the city “the authority but not [the] obligation to provide high-speed Internet access." Two other Colorado communities – Berthoud and Englewood – also voted in favor of similar ballot questions, asking voters if they want to opt out of SB 152. In Berthoud, 77.3% of voters cast ballots in support of the question. In Englewood, the opt-out question passed with 79.4% of voters in favor, which will allow the city to provide Wi-Fi service in city facilities.

Kaysville, Denver, Chicago, Among Cities Voting on Broadband

In the fall of 2019, when the Kaysville City Council was poised to move forward on a $26 million, 30-year bond to build a municipal-owned fiber optic network, the COVID-19 pandemic had not yet turned life upside down.

Although city officials and advisors had spent 18 months thoroughly exploring options in a planning process City Councilwoman Michelle Barber called “one of the most vetted and open projects that we’ve worked on,” a group known as the Coalition for Responsible Kaysville Fiber created enough pushback to convince the City Council to shelve the plan and defer to a citizen-led ballot initiative.

On Tuesday, Nov. 3, Kaysville voters, in this city of approximately 32,000, will not only cast their ballots in the Presidential election, they will also be asked if they want the city to move forward with Kaysville Fiber. If the ballot initiative passes, it will allow the city to deploy a Fiber-To-The-Home (FTTH) network. 

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Currently, Comcast and CenturyLink are the Internet Service Providers (ISP) for most of Kaysville with some areas near the city relying on satellite Internet access. As has been the case in hundreds of communities across the nation that have built out fiber networks, Kaysville city leaders are looking to build a “last mile” fiber network to lower prices and improve services by creating an environment for increased competition.

Proponents are hoping the new “normal” in the face of the on-going pandemic — with the massive rise in virtual classrooms, remote work from home, telemedicine, and online commerce — will help voters see Kaysville Fiber as necessary infrastructure. 

Multnomah County, Oregon Study Shows That a Countywide Network Can Be Done

Along the banks of the Columbia River, Multnomah County (pop. 813,000), Oregon is considering a publicly owned Fiber-to-the-Home (FTTH) network after being handed a study more than a year in the making. The report estimates that a countywide network reaching every home, business, and farm in a five-city area would cost just shy of $970 million, and bring with it a wealth of savings and other benefits to the community it serves.

Origins

The study has its origins in a 2017 push initiated by an advocacy group called Municipal Broadband PDX which has sought more affordable and equitable Internet access in the region. In 2018, the County Board of Commissioners agreed that it should be explored and approved the funding of a study, with the city of Portland and Multnomah County each contributing $100,000 and the remaining towns of Fairview, Gresham, Troutdale, and Wood Village joining the effort to collectively contribute an additional $50,000 for funding. Over the next year, CTC Technology and Energy conducted a comprehensive survey, analysis, and evaluation, and the results were delivered at the end of September.

Mainers Commit to Broadband Expansion with $15 Million Internet Bond Issue

Maine’s High-Speed Internet Infrastructure Bond Issue, which we first wrote about a month ago, has passed. 76% of voters said yes to Maine Question 1, which authorizes the issuance of $15 million in general obligation bonds to fund projects which will expand broadband access for residents in underserved and unserved areas. Underserved areas are those where less than 20% of the households have speeds of 25 Megabits per second (Mbps) download and 3 Mbps upload. Unserved areas are those where broadband service isn’t offered by provider. The northern and eastern parts of the state suffer from particularly poor connectivity options. The money will join $30 million in additional federal, local, and private money, for a total of $45 million to be invested in the near future.

Where We Go From Here

The ConnectME Authority will administer the grants. It’s a significant injection of funds for the broadband authority, which has given out slightly more than a million dollars a year over the last ten years to build mostly last-mile connections and bridge the broadband gap. Passing the measure makes Maine the first state to bond to fund broadband projects, serving as an example to other states looking for avenues to do the same. 

As it stands, somewhere around 83,000 households lack access, though this doesn’t include those families who can’t afford to subscribe. The impact of this digital divide has become even more starkly outlined over the last six months, and since the future of telework relies on affordable, reliable, high-speed connections, states that don’t commit resources to the problem will fall further behind. 

A Concerted Effort

Iowa Update — Pella Finances, Vinton Goes Live, Fort Dodge Studies, and More

Iowa is home to many community networks, from co-ops to muni cable, fiber, and other technologies. Three communities in the state have just recently made important announcements about their plans, and several others are moving forward with networks. There is so much happening in Iowa right now that shows potential for other states that don't limit competition.

There is a long history of local broadband excellence in Iowa for new networks to draw on. Cedar Falls Utilities was just recognized as the fastest ISP in the nation by PCMag. It has well over 20 years of success, but recent years have seen it sharing its expertise and facilities to lower the cost for other communities to build networks without reinventing the wheel. Local private Internet service provider ImOn is also a partner for these networks, offering voice services.

Many of these networks being built will be able to share services and lower their costs by being on the same ring to get some scale benefits despite being smaller communities. I remember many years ago when Eric Lampland of Lookout Point started pushing for this ring, and I am dumbfounded why we don't see more of this cooperation among munis and small providers in other states. Thanks to Eric and Curtis Dean of SmartSource Consulting who helped me with background for this Iowa update.

We have a brief mention of West Des Moines's recently announced partnership with Google Fiber in here, but we're finishing a longer post that solely examines their approach. Between this, that, and our Coon Rapids podcast this week, it is officially Iowa week on MuniNetworks.org!

Vinton

Vinton's new municipal fiber network has just started connecting subscribers, leading to a memorable testimonial in the local paper, Vinton Today: