While Tennessee Governor Bill Haslam’s “Tennessee Broadband Accessibility Act” has been in the news, several other Legislators have introduced companion bills earlier this month that deserve attention.

A Few Gems

SB 1058 and HB 0970, from Senator Janice Bowling and Representative Dan Howell, would allow municipal electric utilities, such as Chattanooga’s EPB, Tullahoma Utilities Board, or Jackson Energy Authority to expand beyond their electric service area. SB 1045 and HB 1410 reclaims local authority for municipalities that want to offer telecommunications service either alone or with a partner.

HB 0970 has been assigned to the House Business and Utilities Committee; SB 1058 was referred to the Senate Commerce and Labor Committee.

Bowling has also introduced SB 1045, a bill that allows municipal electric utilities and electric cooperatives the ability to offer telecommunications services either on their own or with private sector partners. SB 1045 and it’s companion, HB 1410, sponsored by Terri Lynn Weaver in the House, specifies that there are to be no geographic limits to the service area. SB 1045 and HB 1410 are also in the same committees as SB 1058 and HB 0970.

Correcting Existing Problems

The EPB challenged restrictive state law in 2015; the FCC determined that the law was inconsistent with federal goals. The agency preempted both Tennessee and North Carolina's laws that inhibit municipal electric utilities from expanding. When Tennessee and North Carolina appealed the FCC decision, however, the appellate court determined that that states had the right to impose those laws on local communities and reversed the preemption.

Tennessee Governor Bill Haslam doesn’t want the public’s money to pay for publicly owned Internet infrastructure. He has no problem, however, writing a $45 million check backed by taxpayers and payable to the likes of AT&T in Tennessee.

"A Little Song, A Little Dance, A Little Seltzer Down Your Pants"

On Wednesday, Haslam introduced the “Tennessee Broadband Accessibility Act,” another state sponsored handout to the national Internet Service Providers who have made countless broken promises to expand to rural areas. The bill contains some provisions dressed up to look like measures that make big strides for the state, and will be helpful, but it's not ground breaking.

The bill lifts existing state restrictions on electric cooperatives that may wish to offer retail Internet access to members. The state restrictions on co-ops are dubious anyway and could be challenged under federal law. For the state’s electric cooperatives that reach all over the rural areas, the bill is welcome, but communities near Chattanooga’s EPB gets the short end of the stick.

EPB, Chattanooga’s Municipal Electric Utility, has advocated for several years to expand beyond their service territory. Neighboring communities, such as Bradley and Polk Counties, need better connectivity because the national providers don’t consider their regions a good investment. Nevertheless, state law prohibits EPB from expanding to them and this legislation won't change that.

"Don't Confuse The Conversation"

State Sen. Janice Bowling, R-Tullahoma, where the local municipal network has jump started economic development and improved the quality of life, pointed out the problem in Haslam’s shell game legislation:

Bowling said the measure only goes halfway in removing regulatory limits that she said now limit fiber optic service in much of Tennessee "and keeps too many rural citizens from participating in the 21st century digital economy."

It’s no small feat to plan, deploy, and operate a municipal citywide Fiber-to-the-Home (FTTH) network, but communities are doing it. We’ve put together a Citywide Municipal FTTH Networks list and a map, with quick facts at your fingertips. If your community is considering such an investment, this list can offer a starting point on discovering similarly situated locations to study.

The list is divided by state and each state heading offers a description of any barriers that exist and a link to the statute in question. Under each community, we also included relevant links such as to the provider’s website, coverage on MuniNetworks.org, and reports or resources about the network.

We used four basic criteria to put a community on our list and map:

• The network must cover at least 80% of a city.
• A local government (city, town, or county) owns the infrastructure.
• It is a Fiber-to-the-Home network.
• It is in the United States. 

Share the list far and wide and if you know of a community network that meets our criteria that we missed, please let us know. Contact H. Trostle at htrostle@ilsr.org to suggest additions.

Bradley County is the neighbor that time forgot in Tennessee. It sits adjacent to Hamilton County and just a short trek from Chattanooga’s EPB Fiber Optics, but state law forbids the utility from serving residents and businesses there. The Cleveland Daily Banner has followed the broadband struggles in Bradley County and ranked the “Battle for broadband” in the top 10 Newsmakers for 2016.

And So They Wait...And Wait...And Wait

“There are constituents in my district that have waited 20 years [for broadband access],” state Rep. Dan Howell said in February. “What if you had to wait 20 years to get electricity even when they had it next door? That’s what broadband is today.”

The editors and staff writers of the Daily Banner chose the Top 10 and in a recent article described how the fight started years ago and continues today. They review the FCC’s 2015 ruling that preempted state laws preventing EPB expansion into Bradley County and elsewhere and how the 6th Circuit of the U.S. Court of Appeals reversed the decision, which crushed locals’ high hopes.

Bradley County residents have not given up, however. They’ve met with outgoing FCC Chairman Tom Wheeler and have pressed state lawmakers to remove the barrier that keeps them in the last century. A state bill, introduced by Rep. Kevin Brooks, could not get past the House Business and Utilities subcommittee, but the people in Bradley County press on because they have no other option.

And Wait Some More

Their experiences have left them a little jaded; when AT&T announced in August that it would begin serving parts of Bradley County with Fiber-to-the-Home (FTTH), state legislators working on the issue scoffed. They’ll believe it when they see it; us too.

Sometimes speed is not the answer. Chattanooga boasts EPB Fiber, a municipal network that can handle speeds of up to 10 Gigabits (that’s 10,000 Megabits) per second. That, however, is not what won it recognition this week.

PC Mag named Chattanooga as the Best Gaming Internet Service Provider (ISP) of 2017 because of its quick, reliable performance. The network beat out both Verizon FiOs (#2) and Google Fiber (#3).

Latency and Jitter

To determine which ISP was best for gaming, PC Mag looked specifically at two technical measurements: latency and jitter. Latency is how long it takes for a packet to travel from the user to the server and back. Jitter measures how consistent the latency is in a connection. High latency makes games lag -- the last thing you want for an online multiplayer.

It’s unsurprising that the top ISPs on the list have Fiber-to-the-Home (FTTH) networks. Fiber has the best performance in latency and jitter compared to cable and DSL connections. Chattanooga’s network has the least latency and jitter. 

More MuniNetworks on the List?

Several cities have built FTTH networks. Why weren’t more municipal networks on the list? PC Mag Senior editor Eric Griffith explained in the article: 

For an ISP to be included, it had to have a minimum of 100 tests with that tool in that time frame.

So yes, it is possible your own personal super-amazing Gigabit-capable uber-ISP didn't make the cut here—it's because we don't have enough tests from them to include and maintain any statistical validity. That said, share in the comments if you've got an ISP with not just great speeds but what you have determined to be killer quality when it comes to online gaming.”

If you want your network to be included on the list next year, encourage people in your community to take PC Mag's Speed Test. Until then, Chattanooga is the reigning champion.

On November 27th, the Chattanooga area was pelted with rough storms. According to the city's Electric Power Board (EPB) spokesman John Pless, the utility smart-grid kept the lights on for 90 percent of the city’s electricity users who would have otherwise experienced an outage. A smart-grid detects where damage occurs and allows the network to self-heal when possible, often in seconds and undetected by electricity users.

"Smart grid automation either prevented or automatically restored more than 23,000 customer outages, with almost 2,100 customers experiencing outages of greater than five minutes," Pless said.

In addition to the security of maintaining electric service during severe weather, businesses lose productivity when the power goes out. By 2014, EPB officials estimated the technology had saved local businesses approximately $50 million in two years; it had reduced outages by 60 percent. Since then, they have worked with the Oak Ridge National Laboratory to get maximum efficiency from the EPB smart-grid.

Harold DePriest, retired President and CEO of EPB, spoke with Christopher recently in episode #230 of the Community Broadband Bits podcast. During the conversation, Harold talked about how the smart-grid has positively impacted the community:

This is the transcript for episode 230 of the Community Broadband Bits Podcast. Harold DePriest of Chattanooga, Tennessee, describes his role in building the fiber network in the city. This is an in-depth interview of over an hour in length. Listen to this episode here.

Harold DePriest: This fiber system will help our community have the kind of jobs that will let our children and grand children stay here and work if they want to. That is the biggest thing that has happened.

Lisa Gonzalez: This is episode 230 of the community broadband bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. Chattanooga, Tennessee has been profiled in dozens of media outlets. It's a community reborn from one of the dirtiest cities in America, to what is now an economic development powerhouse. The city's publicly owned fiber optic network provides high quality connectivity that attracts businesses and entrepreneurs, but getting to where they are today did not happen overnight. In this episode, Chris has an in depth conversation with Harold DePriest, one of the men behind bringing fiber optics to Chattanooga. He's retired now, but as president and CEO of the electric power board, he was involved from the beginning. Harold describes how the electric power board made changes both inside and out, and went from being just another electric utility, to one that's considered one of the best in customer service in the country. The interview is longer than our typical podcast, but we think it's worth is. Now here are Chris and Harold DePriest, former CEO and president of the electric power board in Chattanooga, Tennessee.

Christopher Mitchell: Welcome to a community broadband bits discussion. A long form discussion, a little bit different from what we normally do, with someone that I have a tremendous amount of respect for, Harold DePriest. Welcome to the show.

Harold DePriest: Thank you. It's good to be with you Chris.

At a recent WRAL TechWire event, former Federal Communications Commission (FCC) chief of staff Blair Levin urged North Carolina communities to seek a repeal of a state law that restricts local telecommunications authority, reports WRAL TechWire.

“When the new General Assembly returns to Raleigh, tell the assembly to tear down the law that prevents faster, cheaper broadband,” Levin said in a keynote address at the WRAL TechWire Executive Exchange in Wilson, N.C. Wilson's municipal Greenlight network is among the first in the nation to offer high-quality Fiber-to-the-Home (FTTH) Internet access.  

Currently, North Carolina law HB 129 prevents Wilson from expanding its Internet access service area beyond Wilson County and discourages other communities from investing in similar infrastructure. HB 129 was the subject of a legal battle when the city of Wilson (pop. 50,000) wanted to provide Internet access to neighboring Pinetops (pop. 1,400) and other communities beyond the limitations of the state law. They challenged the law, as did Chattanooga, which faced slightly different restrictions in Tennessee.

In February of 2015, the FCC ordered that Wilson could serve communities beyond the county borders, but both states appealed, challenging the agency's authority. The federal appeals court reversed that ruling in August 2016.

Under the provisions of the North Carolina law, Wilson could lose it's exemption to offer service at all, but by temporarily providing free telephone and Internet access to Pinetops, they protect their exemption. Two state legislators have vowed to take action and try to get the state law changed during the next legislative session.