Snapshot 

Colorado House passes bill that reduces broadband board membership and conceals mapping data

Michigan legislature approves bill granting ISPs property tax exemptions 

New Mexico and Virginia bills await governors’ action 

The State Scene

Tennessee

Tennessee is home to some of the most creative local solutions to bridging the digital divide. Municipal fiber networks across the state, including Chattanooga’s EPB Fiber network, Morristown’s FiberNet, and Bristol’s network, have been a boon to economic development, job creation, educational initiatives, and overall quality of life in the past decade.

The next city to potentially join the ranks of providing municipal broadband in Tennessee is Knoxville. On March 11, the Knoxville Utility Board approved a business plan to provide Internet services across its service area. 

Despite the widespread success of municipal networks across Tennessee, the state restricts what populations they can serve. Although Tennessee law allows cities and towns to offer advanced telecommunications services if they have a municipal electric utility, the networks are not permitted to offer those services to residents who live outside of the utility’s service area. Removing these restrictions would permit substantial fiber expansion to connect more residents at no cost to the state or taxpayers.

The Thompson School District (TSD), which serves Loveland, Colorado and the surrounding area, just received a $731,000 grant to bring Internet access to families in need in two surrounding communities.

Families living in areas near Big Thompson Canyon and the Lago Vista Mobile Home Park where wireline broadband has been “significantly limited or not available” will see the expansion of Pulse — the city’s municipal fiber network — into those communities, bringing the promise of fast and affordable service in the near future.

The funds to expand the network come from the Connecting Colorado Students Grant Program, passed in 2020 to address the broadband gap for k-12 students and their teachers. School districts, charter schools, and federally recognized Tribes that operate public schools in the state are all eligible for the $20 million pot of money. Priority is given to applications that promise to bring broadband access to high numbers of students enrolled in free and reduced lunch programs who do not have access to wireline broadband, based on American Community Survey data.

The first round of awards in 2020 distributed almost $1.3 million to 25 applicants, with a focus on hotspots and subsidized broadband service. Some of the awards, however, went to new infrastructure, including wireless and wireline projects that will ultimately benefit thousands of students and their families. 

Bringing Students Online

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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.

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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.

Over 140 municipalities in Colorado have opted out of a state law (SB-152) that prevents local governments from investing in broadband infrastructure. With overwhelming support from voters on Election Day last month, Denver, Berthoud, and Englewood became the most recent Colorado communities to bail on SB-152 in the 15 years since Qwest (now CenturyLink) and Comcast successfully lobbied for passage of the anti-local authority bill designed to protect their profits.

While Denver, Berthoud, and Englewood residents ponder next steps, a number of other Colorado communities have already built, or are in the process of building, municipally-owned broadband networks, the most successful example being the NextLight Fiber-To-The-Home (FTTH) network in Longmont.

NextLight, which began building its award-winning FTTH network in 2014, now offers Longmont’s 90,000 residents access to gigabit (1,000 Mbps) service and has surpassed a 50% take rate.

Three other communities in the Front Range region of Colorado are now on the front lines of building municipal broadband networks.

Loveland

Loveland, a city of 76,700 situated in a 25.5 square mile valley at the entrance to Big Thompson Canyon, opted out of SB-152 with 82% voter approval in 2015, a year after Longmont began building its fiber network 17 miles south of the “gateway to the Rockies.”

Over the past five years, the Loveland Water and Power Department has been planning, and now building, its own Pulse fiber network.

To finance the project, city officials opted to issue $95.5 million in bonds. The bonds are backed by Loveland’s electric utility, which serves 37,500 residential and commercial accounts.

After years of hearing from its citizens and business owners that Internet access was one of Fort Morgan’s most pressing problems, the Colorado city of 11,000 decided to do something about it. Like dozens of other communities around the state, in 2009 residents approved a ballot measure to opt out of SB 152, the 2005 state law preventing municipalities from offering broadband. (Today, more than 100 local goverments have opted out.)

Ten years later, a little forethought, hard work, and a public-private partnership with ALLO Communications has brought gigabit speeds and low prices to everyone in Fort Morgan over the city's dark fiber network.

Taking the First Steps

Between 2013 and 2015 Fort Morgan conducted a feasibility study while assessing its needs in the early stages of a plan to expand the city's existing fiber network connecting anchor institutions — itself the result of the state’s 2002 Beanpole Telecommunications Project [pdf] — to residents and businesses. The city reiterated the necessity of an affordable, reliable network in the 2016 Connect Fort Morgan [pdf] plan update. In May Fort Morgan awarded the initial design project to Manweiler Telecom Consulting, Inc., the firm that had built the city’s original fiber network a decade and a half before. The city paid $160,000 for the initial phase of the system’s design.

Lighting up the first phase of middle-mile network Project THOR isn’t the only good news coming out of northwest Colorado recently. Glenwood Springs, a city of 10,000 forty-five minutes north of Aspen, is once again looking to secure the future of its information infrastructure.

In a recent 6-1 decision, the city council voted to replace and expand the reach of its existing fiber system, which currently serves businesses and a select number of residents. The resulting network of 150 miles is projected to cost around $9 million and take two years to complete. Once done, current users will be switched over with no disruption. The new network will be citywide and have the capacity to handle Glenwood Springs’ 4,800 residences and commercial premises. Hopes are, many will sign up.

Building up a Fiber Legacy

This isn’t the first time Glenwood Springs has taken such initiative. Almost twenty years ago the city had access to speeds below one megabit per second (Mbps) and — after being told by Qwest (now CenturyLink) there were no plans for investment or upgrades — it built its own fiber backbone to community anchor institutions with a wireless overlay to provide service to residential customers. The city later expanded the fiber network to connect businesses and some households and opened up the network for participation by private Internet service providers (ISPs).

There’s a new Thor in town, but instead of lighting up the night sky like the Norse god of thunder, it’ll be lighting up communities in rural Colorado with fiber optic connectivity.

A group of local governments and private partners, led by Northwest Colorado Council of Governments (NWCCOG), recently completed the first phase of Project THOR, a middle mile fiber network that will enable better connectivity in the participating towns, cities, and counties. The network, owned by NWCCOG, provides backhaul to local governments looking to connect public facilities, schools, hospitals, and other community anchor institutions. It’s also available to Internet service providers (ISPs) to serve residents and businesses.

Project THOR brings much needed redundancy to the region’s broadband infrastructure, where previously a single fiber cut could take entire communities’ health and public safety services offline. It also promises great cost savings for localities and ISPs. Perhaps most importantly, the new network gives communities the necessary leverage to improve local connectivity beyond begging the incumbent providers for better broadband. Jon Stavney, executive director of NWCCOG explained on Community Broadband Bits episode 406:

This project allows these local governments to actually have a lever to pull to hopefully affect local service, however they can do that, with whatever partners come to the table . . . They’re able to actually act.

Building Toward a Network

NWCCOG, which is composed of member governments in and around Eagle, Grand, Jackson, Pitkin, and Summit Counties, coordinated broadband efforts in the region even before Project THOR began. A number of years ago, the council invested in a regional plan and hired a broadband coordinator, Nate Walowitz, to offer technical assistance to the member governments.