Since it was first introduced in Congress in March, the Community Broadband Act of 2021 has gained widespread support from over 45 organizations representing local governments, public utilities, racial equity groups, private industry, and citizen advocates. 

The legislation -- introduced by U.S. Representatives Anna Eshoo, Jared Golden, and U.S. Senator Cory Booker -- would authorize local communities to build and maintain their own Internet infrastructure by prohibiting laws in 17 states that ban or limit the ability of state, regional, and local governments to build broadband networks and provide Internet services. 

The Act also overturns state laws that restrict electric cooperatives' ability to provide Internet services, as well as laws that restrain public agencies from entering into public-private partnerships.

States have started to remove some long-standing barriers to public broadband on their own. In the last year, state lawmakers in both Arkansas and Washington removed significant barriers to municipal broadband networks, as high-quality Internet with upload speeds sufficient for remote work, distance learning, telehealth, and other online civic and cultural engagement has become essential. 

Community broadband networks offer a path to connect the unconnected to next-generation networks. State barriers have contributed to the lack of competition in the broadband market and most communities will not soon gain access without public investments or, at the very least, the plausible threat of community broadband.

The Many Benefits of Publicly-Owned Networks

The day after the U.S. Treasury published the Interim Final Rules on how Coronavirus relief funds in the American Rescue Plan Act can be spent, we sounded the alarm because it appears the rules, if finalized as is, would significantly limit local communities’ ability to invest in needed broadband infrastructure.

Last week, Sen. Ron Wyden (D-Oregon) and eight other members of Congress joined the growing number of community broadband advocates who share those concerns.

On Tuesday, May 25, Sen. Wyden sent a letter to Treasury Secretary Janet Yellen urging her “to ensure any community with service that falls below (the Treasury’s) own standard of 100 (Megabits per second) Mbps upload and download speeds is eligible for funding.”

Two days later, U.S. Rep. Anna G. Eshoo (D-California) and Sen. Cory Booker (D-New Jersey) penned a similar letter that was also signed by Wyden and six other members of Congress (U.S. Reps. Raúl M. Grijalva, Mike Thompson, Jerry McNerney, Lori Trahan, Peter Welch, and Debbie Dingell). Eshoo and Booker have long led efforts to support local initiatives to expand Internet access with community solutions.

25/3 Not Sufficient  

Even as the Treasury acknowledges that families really need 100/100 Mbps service, as the Interim Rules are currently written it suggests communities are expected to focus on areas that do not have 25/3 Megabits per second (Mbps) wireline service “reliably available.” About 90 percent of Americans have 25/3 “available” to them by flawed federal estimates, although millions lack service because it is unaffordable or effectively unreliable. And there is no standard for reliability that communities can measure against.

The Eshoo/Booker letter is particularly salient on this point: 

Earlier this year in March, the Biden Administration signed the American Rescue Plan Act, which included, among many other things, multiple sources of funds for broadband infrastructure. The U.S. Department of Treasury was tasked with writing the rules of how local governments can spend the various funds. The Interim Rule has been published and it appears to significantly limit local ability to invest in needed networks. 

The rules say that communities are expected to focus on areas that do not have 25/3 Mbps service reliably available. But there is no measure of what “reliably” means (in federal statute or otherwise). More than 90 percent of Americans have 25/3 “available” to them by best estimates. The result is considerable confusion for urban areas across the nation who no longer qualify for broadband investments under a strict reading of the proposed rules. This is not what the Biden Administration had suggested we should expect in its many press communications about its broadband approach. 

This discussion is about Section 602, which details the direct payments to local governments under the Coronavirus State Fiscal Recovery Fund. The aid offered to local governments has numerous authorized expenditures, including broadband infrastructure.

The Atlantic Telephone Membership Corporation (ATMC) is expanding gigabit fiber Internet access with financial assistance from federal and state grants to provide high-speed broadband to residents living in some of North Carolina's most rural, poverty-stricken regions.

A $7.9 million federal allotment from the USDA’s ReConnect Program, to which the North Carolina-based telephone cooperative is contributing matching funds, has kickstarted a $15.87 million Fiber-to-the-Home (FTTH) broadband deployment project in one of the Coastal Plains’ southernmost counties.

ATMC recently completed construction of the first four phases of its 60-phase “Faster Columbus” project, connecting residents living in the New Life community east of Tabor City to its gigabit fiber service. Upon completion of all 60 phases, the project will provide ATMC’s FOCUS Fiber Internet service to 2,775 unserved households in rural Columbus County. The completed project will also serve over 50 businesses, ten educational facilities, three critical community facilities, and 23 agricultural operations in the communities of Hallsboro, Lake Waccamaw, Bolton, north Tabor City and Whiteville.

The fiber Internet service ATMC is providing is expected to have a substantial impact on the region’s agriculture industry, one of the main sectors of the local economy. The FTTH service will also benefit the Waccamaw Siouan Indian Tribe, whose reservation is located on the edge of the Green Swamp. Speaking of the anticipated service, Brenda J. Moore, Housing Coordinator of the Waccamaw Siouan Indian Tribe said, "Finally our Tribal students can look forward to no more boot-legging of Wi-Fi in order to do their homework."

In the American Rescue Plan Act, Congress and the Biden Administration included a multi-billion dollar appropriation to help expand high-speed Internet access. This guide offers an overview of the different funding opportunities for communities interested in expanding broadband services. As application deadlines vary in some cases and other money must be spent within certain time frames, it is critical for states, municipalities, community organizations, and Tribal governments to start planning initiatives now. 

It’s also worth emphasizing that 18 states still put localities at a disadvantage when it comes to spending anticipated funding effectively by preserving laws that interfere with community investment in broadband infrastructure. Much of this money could also be funneled for other purposes due to a lack of good plans and community engagement. 

The amount of funding flowing into communities is unprecedented. Localities should prepare to spend funds on needed, futureproof infrastructure. This is an historic, once-in-a-lifetime investment in Internet infrastructure and communities who develop a clear, actionable plan and are as ready as possible once the money starts flowing will prosper.

Directory

If you’re a homeowner looking for assistance paying your Internet bill…look to the Emergency Broadband Benefit Program or Homeowner’s Assistance Fund. 

If you’re an HBCU or Minority-serving institution looking to expand Internet access to your students, or if you’re a minority business enterprise or nonprofit organization in the surrounding community...look to the Connecting Minority Communities Pilot Program.

if you’re a Tribal government, Tribal organization, or Tribal college or university, including native Hawaiian organizations, education programs and native corporations…look to the Tribal Broadband Connectivity Program.

If you’re a city interested in partaking in a public-private partnership…look to the Promote Broadband Expansion Grant Program. 

If you’re a school or library whose main concern is obtaining remote Internet access devices...look to the Emergency Connectivity Fund.

Federal Aid Directly To States, Counties, Localities and Territories

Snapshot

This week’s community broadband state legislative roundup revisits and provides updates on important bills moving through the state legislatures in Washington, Oklahoma, and California.  

The State Scene 

Washington 

We’ve been closely covering S.B. 5383 and H.B. 1336, two bills in Washington state that would give Public Utilities Districts (PUDs) and port districts the authority to offer retail telecommunications services.

Our initial coverage pointed out shortcomings in S.B. 5383. The bill originally contained a preemption clause that gave private Internet Service Providers (ISPs) the power to reject PUDs’ and ports’ project proposals in areas where incumbent ISPs claim they plan to expand service within six months. 

Since our last reporting on this piece of legislation, the bill was amended by the State House Community and Economic Development Committee, removing the veto authority initially given to existing ISPs. However, a new provision favoring incumbent cable ISPs was also added, which would prohibit a PUD or port from providing retail Internet services in an area where an existing provider offers service at a minimum of 100 Megabits per second (Mbps) download speed and 20 Mbps upload speed. The minimum speed requirements of this provision would be increased to stay consistent with Washington’s state definition of broadband.

The Committee also amended the bill to allow PUDs and ports to provide retail services in served areas, but only when building to reach an unserved region. 

Join us for Episode 9 of Connect This!, where hosts Christopher Mitchell and Travis Carter (USI Fiber) will be joined by Joanne Hovis (President, CTC Energy and Technology) and Doug Dawson (President, CCG Consulting) to talk about the recently signed American Rescue Plan Act, which has the potential to funnel an unprecedented level of funding to communities which can be used for Internet infrastructure.

Together they'll talk about what can be done with this money, what restrictions exist, and how communities can ready themselves to embark upon broadband projects quickly. Christopher, Travis, Joanne, and Doug will also explore the viability of the variety of technologies available for deployment, and what it would look like for local officials to boldly take the reins and move the needle on locally owned information infrastructure for their communities.

The show will begin on Monday, April 5th at 4pm ET/3pm CT via this link, or watch below.

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Email us broadband@muninetworks.org with feedback and ideas for the show.

This episode, co-hosts Christopher and Travis Carter (CEO, US Internet) are joined by Deb Socia (President/CEO, The Enterprise Center), and Brian Worthen (President, Visionary Communications and CEO, Mammoth Networks) to talk about overbuilding. 

The group talks about the importance of reclaiming the term as what it really is: plain old competition. They discuss the economics of building competitive broadband infrastructure in rural and urban areas, pending and related Washington Public Utility District legislation, and why we don't see more small, competitive fiber builders around the country.

We also get the first installment of a recurring segment during the episode, wherein Christopher asks Travis to identify a picture of random piece of wireless infrastructure from the area around his house.

Referenced during the discussion was Benton Institute for Broadband and Society Senior Fellow John Sallet's recent paper "Broadband for America’s Future: A Vision for the 2020s."

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Email us with feedback and ideas at broadband@muninetworks.org