Earlier this month, a new Colorado bill was introduced that, if passed, would rid the state of a law designed to protect monopoly Internet service providers (ISPs) from competition.

SB-183, titled “Local Government Provision Of Communications Services,” seeks to gut a law Big Telecom pushed state lawmakers to pass in 2005. That law, known as SB-152, prevented any of Colorado’s 272 municipalities from building and operating their own telecommunication infrastructure unless local voters first passed a referendum to “opt out.”

End of ‘the Qwest Law’?

Known also as “the Qwest law,” Qwest (now Lumen but more recently CenturyLink), with the help of Comcast, leaned on legislative allies to pass SB-152 to protect their monopoly profits. On our Community Broadband Bits podcast, Ken Fellman and Jeff Wilson, prominent telecom attorneys, recount how lobbyists for the monopoly ISPs were instrumental in pushing two false, but effective, narratives we’ve seen many times before: that SB-152 only sought to “level the playing field” so that private companies could compete with municipally run networks, and that SB-152 “protected” Coloradoans from irresponsible local governments, as if there were no such things as local elections.

But, if passed, the new proposed legislation (SB-183) – co-sponsored by a bipartisan-ish group of state legislators (10 Democrats and 2 Republicans) – would neuter SB-152 and allow local communities to decide for themselves if they wanted to pursue municipal broadband without needing special permission from the state.

More than 121 Colorado cities and towns have now opted out of SB152, a 17-year old state law backed by telecom monopolies greatly restricting the construction and funding of community broadband alternatives.

And the trend shows no sign of slowing down. 

Colorado’s SB152, passed in 2005 after lobbying pressure by Comcast and Centurylink, prohibits the use of municipal or county money for broadband infrastructure without first holding a public vote.

For the past four consecutive years, community owned and/or operated broadband infrastructure has proven to be a key ingredient in the makings of some of the fastest Internet Service Providers (ISPs) in the nation.

As was the case last year, PCMag’s recently released Top 10 list of “The Fastest ISPs of 2022” feature operators that are either municipal broadband networks or use city-owned fiber or conduit to deliver service across whole or parts of their footprint (with the exception of this year’s ninth-place finisher). Another way of saying that is: not one of 10 fastest networks in the nation are owned or operated by the major national ISPs, many of whom have embarked on an aggressive lobbying campaign to misinform public officials in particular and the public in general on the viability and successes of municipal broadband and local partnerships.

After ranking the major ISPs in their own slower category, PCMag turns to “talk about real speed.” 

For that, you don’t go to the big guys … Higher speeds are found in smaller, localized ISPs.

Need for Speed? Look to Local ISPs and Munis

After PCMag compiled a year’s worth of speed tests to analyze which ISPs offer the fastest download and upload speeds, Sonic – a California-based independent ISP – came out on top this year, having “posted the highest number we have ever seen in our test results. Because the uploads this company offers are, on average, eclipsing download speeds—by a lot.”

Catapulting to the top of this year’s list (from 10th place last year), Sonic is a privately-owned company that uses publicly owned conduit in Brentwood, California.

With a little less than a year left in its projected build schedule, Fort Collins (pop. 168,000) continues to make progress on its municipal fiber-to-the-home (FTTH) network, while also releasing new resources to help keep citizens informed and help households with affordability challenges stay online. 

When we last checked in on Fort Collins' Connexion a little more than a year ago, the network was nearing a milestone, having spent roughly 49 percent of its construction budget. Today, the network is well over the halfway point of its $142 million-dollar build. In fact, it expects to be done placing vaults and with boring work in July.

Along the way, local officials have taken steps to increase transparency and improve communication with local residents. Last summer, it released a construction map of the networks' anticipated 357 fiberhoods, delineating which areas were in design, under construction, or fully lit.

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In addition, at the end of November of 2020 the network released a Network Status tracker so that users could see in each of the four quadrants of the city if connections were down. 

In Larimer County, at the northern end of the Front Range in Colorado, county officials are looking to secure between $5 million and $30 million in federal grant money to expand broadband access into underserved areas. Last month, the County Board of Commissioners unanimously approved up to a 10 percent match, or up to $3 million, if the county is awarded the National Telecommunications and Information Administration (NTIA) grant.

The Fort Collins-based engineering and construction firm Ditesco has been hired by the county to help apply for the grant. Ditesco has a track record in the county for successfully supporting broadband projects, helping both Fort Collins, the seat of Larimer County, and Loveland with the engineering and managing of their networks. 

During a presentation at the county board meeting in early August, Nathan Hoople, senior project manager for Ditesco told the board of commissioners there are 10 high priority areas where these funds could be used. This phase could potentially serve 7,300 premises, with about 3,000 to 4,000 households expected to sign up for county broadband. 

The county’s plan is to fund the expansion of the existing municipal fiber networks in Loveland (Pulse Broadband) and Fort Collins (Fort Collins Conexon) into some of these high priority areas.

“Our strategy is to build from where we have existing service providers and start expanding out,” Mark Pfaffinger, Larimer County Chief Information Officer said at the meeting. “Our goal is not just to stop here, but to fill in all the other areas that are currently identified as areas of need.” 

We’ve been reporting on the push for broadband expansion in Larimer County since 2017 when the county was awarded with a $82,000 grant from the State of Colorado Department of Local Affairs (DOLA) Broadband Program to conduct a feasibility study.

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.

As late November arrives, so does the the holiday season for many of our readers. People reading up on local efforts to improve Internet access will be counting their blessings today, which inspires us to do the same. There are many things we have to be thankful this year.

As access to affordable broadband becomes increasingly critical in today's world, however, and as rates from the large Internet access companies continue to rise, getting online is more challenging than ever for folks with limited incomes. We want to express our appreciation for local communities who adopt policies to make high-quality Internet access available to lower income households through their municipal networks.

A Growing Awareness

Wilson, North Carolina, decided that as part of the community network's mission, they would offer fast, reliable fiber Internet access available to those living in public housing residences. Since then, we've seen other communities take creative approaches to ensure that everyone can use the network, not only those who are already better off. Municipalities that see the value of publicly owned fiber optic infrastructure understand the value of eliminating cherry picking as a way to tap into their undiscovered human capital.

Unlike large corporate Internet access providers, publicly owned networks don't need to maximize profit from every subscriber in order to please shareholders. They consider themselves in place for the public good. Munis can dedicate themselves toward digital inclusion efforts, which are in line with their mission.

During Digital Inclusion Week in October, we detailed some of the innovative approaches that local decision makers are adopting to ensure the least fortunate in their communities have access to the community's new fiber tools. Here are just a few:

Multichannel News recently published an informative and detailed look at municipal networks and the surge in interest that communities have exhibited as they've explored ways to improve local connectivity. Author Mike Farrell provides an indepth examination some of the many local communities that have used fiber optic connectivity to attract job creators and some of the common challenges they've encountered.

Still Some Opposition 

As Farrell notes, several candidates for President have mentioned funding for municipal networks in their platforms, bringing more attention to publicly owned Internet networks. The interest has been growing for some time, however, as has opposition. Farrell writes:

But no matter which side you’re on, one thing is increasingly clear: municipal broadband is gaining steam and some communities are finding innovative ways to finance and maintain projects. And the risk, as many areas are finding out, is becoming worth it.

When Farrell spoke with the NCTA - The Internet & Television Association (formerly the National Cable & Telecommunications Association), which lobbies on behalf of large and small Internet service providers, they indicated a dislike of competition:

“Broadly, we support government programs that dedicate money to building networks where they don’t exist or make economic sense for private ISPs to build, and believe that taxpayer dollars should not be used to subsidize competition where networks already exist,” NCTA senior vice president, strategic communications Brian Dietz said in an email message.

Here and There

Farrell covers communities where networks have been serving the public for years and in places where locals have only recently decided to make the investment. One of the places Farrell writes about, which many other authors have covered, is Chattanooga, Tennessee: