Kentucky is one of many states undergoing a baptism by fire as they jocky to take advantage of billions in historic federal broadband grants. The Kentucky Office of Broadband Development didn’t exist a year ago; now it’s tasked with identifying state broadband gaps and managing one of the most complex broadband subsidy efforts ever attempted.

All while shaking off a history of costly state boondoggles.

Kentucky officials last year announced they’d be spending more than $203 million in American Rescue Plan Act (ARPA) funds to shore up broadband access. Now they’re preparing to spend hundreds of millions more courtesy of $42.5 billion in Broadband Equity, Access and Deployment (BEAD) grants made possible by the Infrastructure Investment and Jobs Act (IIJA).

Kentucky Office of Broadband Officials have spent the last few months on a listening tour getting an earful from frustrated state residents angry about high broadband prices, spotty coverage, and sluggish speeds. Kentucky currently ranks 30th nationwide in such metrics thanks in part to monopolization by local cable and phone giants.

Like so many states, the lack of affordable, reliable broadband access was particularly notable during the Covid home education and telecommuting boom, driving a renewed interest in creative broadband deployment alternatives.

Avoiding The Sins Of The Past

Past Kentucky efforts to bridge the digital divide haven’t gone particularly well.

Once known as the center of bowling ball manufacturing, producing 60 percent of the world’s bowling balls, today Hopkinsville, KY (pop. 31,580) is on the verge of becoming a kingpin in a whole different lane: producing gig-speed broadband.

A municipal utility currently offering fiber Internet access to the residents of Hopkinsville, Hopkinsville Electric System (HES) is joining forces with Pennyrile Electric Cooperative to extend fiber-to-the-home Internet service to as many homes as possible in Pennyrile Electric’s service territory in southwestern Kentucky, starting with Christian, Trigg, and Todd Counties.

The three counties will contribute approximately $17 million of American Rescue Plan Act funds, while HES and Pennyrile will use a combination of state and federal grants and loans to contribute a 100 percent match for the $34 million project. When network construction is complete, it is expected to pass 28,000 households in the tri-county region. 

Scoring Big in Public Partnership

While HES EnergyNet connected its first household in 2016, the utility has been utilizing the power of fiber-optic broadband for decades. 

HES started as a municipal electric utility nearly 80 years ago, but in 1998, the board of directors decided to turn to fiber to connect its substations. By 1999, HES was offering fiber-fed broadband services to local businesses, industries, and city and county agencies through its ISP, EnergyNet. 

In November 2018, HES EnergyNet announced it had plans to bring gigabit speeds to every address in Hopkinsville. Since then, the network has grown to serve more than 12,000 residents and businesses.

As HES was putting its fiber network to use, Pennyrile Electric reached out to its future partner and presented the idea to continue building fiber out into the surrounding rural areas. Pennyrile Electric has members across nine counties and had been getting numerous calls from co-op members asking whether or not the cooperative would get into the broadband business. 

Calloway County (pop. 39,000) in western Kentucky is known for the picturesque shorelines circling Kentucky Lake, the wildlife at Land Between The Lakes National Recreation Area, and as the home of Murray State University where Ja Morant dazzled basketball fans before becoming an NBA phenom.

Now there's a different team coming to town that will delight local residents: a new partnership between Calloway County and West Kentucky and Tennessee (WK&T) Telecommunications Cooperative will soon make this rural corner of the state known as a home for high-speed Internet connectivity, as the county and WK&T recently announced they were joining forces to expand the cooperative’s existing fiber network to reach every unserved and underserved location in the county.

Calloway County and WK&T are each committing a $6.2 million matching contribution for the first phase of the expansion project, which will see the co-op’s fiber-to-the-home network in the region extended 236 miles to serve an additional 4,274 homes and businesses. 

With American Rescue Plan funds flowing into state government coffers, about a third of the nation’s 50 states have announced what portion of their Rescue Plan dollars are being devoted to expanding access to high-speed Internet connectivity.

The federal legislation included $350 billion for states to spend on water, sewer, and broadband infrastructure, though everything we have seen suggests that the vast majority of that will not go to broadband. There is also another $10 billion pot of rescue plan funds, called the Capital Projects Fund, that mostly must be used to expand access to broadband.

Laboratories of Broadband-ification 

As expected, each state is taking their own approach. California is making a gigantic investment in middle-mile infrastructure and support for local Internet solutions while Maryland is making one of the biggest investments in municipal broadband of any other state in the nation. And although Colorado does not prioritize community-driven initiatives, state lawmakers there have earmarked $20 million for Colorado’s two federally-recognized Indian tribes to deploy broadband infrastructure with another $15 million devoted to boosting telehealth services in the state.     

Undoubtedly, individual states’ funding priorities vary. Some states may be relying on previously allocated federal investments to boost broadband initiatives and/or have been persuaded the private sector alone will suffice in solving its connectivity challenges. And in some states, such as Illinois, Minnesota, and Maine, lawmakers have prioritized using state funds to support broadband expansion efforts while other states may be waiting on the infrastructure bill now making its way through Congress before making major broadband funding decisions.

As of this writing, 17 states have earmarked a portion of their Rescue Plan money (totaling about $7.6 billion) to address the digital divide within their borders. Those states are Arizona, Arkansas, California, Colorado, Delaware, Hawaii, Indiana, Kentucky, Maine, Maryland, Montana, Missouri, Virginia, Tennessee, Vermont, Washington, and Wisconsin.

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. 

Franklin, Kentucky’s (pop. 8,400) electric utility is gearing up for an expansion of its partnership with Warren Rural Electric Cooperative Corporation (WRECC) with the help of $2.3 million from the recent FCC Rural Digital Opportunity Fund (RDOF). The new partnership will allow Franklin EPB to add new service to roughly 250 locations adjacent to a current project in the area.

The expansion project will add subscribers in the northeast region of Simpson County and nearby parts of the city of Franklin in the south-central part of the state, where the two entities are operating a two-area fiber pilot.

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Snapshot

A California ballot initiative would empower voters to build their own Internet access solutions.

The Oklahoma House sends seven broadband bills to Senate.

New York and North Carolina initiate statewide digital inclusion programs.

Virginia is second state to pass comprehensive privacy legislation. 

See the bottom of this post for some broadband-related job openings. 

The State Scene 

California Legislation Could Lead To Massive Investments in Public Broadband

As lawmakers in the Golden State look to rectify a reputation of having one of the highest student populations without Internet connectivity, bills aiming to expand access to 98 percent of California households by increasing investments in public broadband infrastructure were launched early in California’s legislative session.

Though there are several other bills pertaining to broadband that have been introduced in Sacramento, we focus on these four because, if passed, they would have the biggest impact on municipal networks.

S.B. 4, sponsored by State Sen. Lena Gonzalez, D-33, would create a new state-backed bond program, enabling local governments to finance more than $1 billion in public infrastructure projects through bond issuances. The low-interest debt for the projects could be repaid over multiple decades. 

The Expanding Potential in Communities (EPIC) Grant deadline funded by Truist Bank and administered by the Internet Society has been extended by two weeks from its original deadline of February 19 in the wake of the weather hammering eligible areas over the last few days. There's nothing like a severe winter event that knocks power out for millions to break up the monotony of a raging pandemic. 

Grant applications are now due March 5th by 11:59pm. 

Read our original story about the grant program below:

A new grant program funded by Truist Bank's philanthropic initiative and administered by the Internet Society will disburse $1 million in funds to seven community broadband projects over the next year and a half. The Expanding Potential in Communities (EPIC) Grant program is currently soliciting applications, with grants to be disbursed to eligible communities across the southeast United States, including Washington D.C. and Texas, ranging from $125,000-180,000. The program is aimed at kickstarting Covid 19 relief efforts but also providing essential, locally owned broadband infrastructure to unserved and underserved communities.

From the grant program website:

The COVID-19 pandemic has brought the importance of broadband Internet connectivity into focus as work, school, healthcare, and more shift online. Internet connectivity is more important than ever in keeping our lives moving . . . The $1 million Expanding Potential in Communities (EPIC) Grant program supports broadband initiatives in the southeastern United States . . . As the administrating partner, the Internet Society will support local broadband expansion by funding complementary Internet connectivity solutions to help alleviate disparities in education, employment, and social welfare that are exacerbated by lack of access to broadband.

See eligibility requirements below:

A new grant program funded by Truist Bank's philanthropic initiative and administered by the Internet Society will disburse $1 million in funds to seven community broadband projects over the next year and a half. The Expanding Potential in Communities (EPIC) Grant program is currently soliciting applications, with grants to be disbursed to eligible communities across the southeast United States, including Washington D.C. and Texas, ranging from $125,000-180,000. The program is aimed at kickstarting Covid 19 relief efforts but also providing essential, locally owned broadband infrastructure to unserved and underserved communities.

From the grant program website:

The COVID-19 pandemic has brought the importance of broadband Internet connectivity into focus as work, school, healthcare, and more shift online. Internet connectivity is more important than ever in keeping our lives moving . . . The $1 million Expanding Potential in Communities (EPIC) Grant program supports broadband initiatives in the southeastern United States . . . As the administrating partner, the Internet Society will support local broadband expansion by funding complementary Internet connectivity solutions to help alleviate disparities in education, employment, and social welfare that are exacerbated by lack of access to broadband.

See eligibility requirements below:

A collaboration between cooperatives is bringing fiber connectivity to hundreds of unserved homes in southern Kentucky. Warren Rural Electric Cooperative Corporation (WRECC) and North Central Telephone Cooperative (NCTC) will be working together to connect 800 homes in the endeavor, which will also be used to gauge the feasibility of further buildout in the region down the road.

The project is situated in the southern part of Warren County, along U.S. Route 231 and just south of the city of Bowling Green near the unincorporated community of Alvaton. It began with a franchise agreement in 2017 between WRECC and NCTC, with KentuckyWired paying NCTC to build north into Warren County where the telephone cooperative’s fiber subsidiary could partner with WRECC to expand inside a pilot service area. The electric cooperative will supply backbone fiber and lateral lines via its existing assets, with NCTC funding the remainder of the build that will bring residents online.

A Welcome Venture

More than 60,000 people live in the county outside of the city limits of Bowling Green, and many of them — especially in the southern portion— have limited or no connectivity options. WRECC and NCTC make a natural pairing, with the latter (founded in 1938) serving power to more than 67,000 members today (about half of them in Warren County). NCTC (founded 1953) serves 20,500 members mostly in Tennessee.

WRECC President and CEO Dewayne McDonald said of the project: 

Our board of directors has challenged us to find a way to bring high-speed Internet [access] to our members. After extensive research, we decided that partnering with others was the best route.