The Trump administration's illegal “termination” of the 2021 Digital Equity Act continues to have devastating real world impacts on everything from affordable broadband access to protecting Americans from skyrocketing online scams.

The $2.75 billion Digital Equity Act was passed by Congress as part of the 2021 infrastructure law. It mandated the creation of three different major grant programs intended to shore up equitable, widespread access to affordable Internet, while providing the tools and digital literacy education needed to help neglected U.S. communities get online.

But last May the Trump administration unceremoniously demolished the Act, froze all program funding, and left countless states, programs and organizations – many on the cusp of major new efforts – high and dry.

At the time, President Trump and GOP leaders like Sen. Ted Cruz disingenuously attacked the Act’s programs as “racist” and "unconstitutional,” – part of a broader effort to dismantle programs deemed as “DEI,” even in instances where the programs had little to nothing to do with race or gender. Many of the “covered populations” covered by the bill included rural residents, veterans, and elderly Americans from all walks of life.

Funding Freeze Puts Most Vulnerable Americans at Risk

The sudden "termination" of the popular law resulted in dozens of states having to abruptly cancel major broadband expansion plans. But the freeze has also been a massive problem for state programs that were taking aim at a U.S. online fraud epidemic proving particularly harmful to the U.S. elderly and marginalized communities.

UTOPIA Fiber continues to grow and is now exporting its expertise into Bozeman, Montana – one of the fastest-growing cities of its size and often listed among the best places to live in the country.

Referred to by some as “Boz Angeles” because of the influx of Californians to the area, this Rocky Mountain city of 53,000, nestled in Gallatin Valley, is about to become even more attractive as a rising tech hub for millennials. At the Broadband Communities 2021 Summit last month, it was announced that Bozeman Fiber, a non-profit organization created by the city to expand high-speed Internet connectivity across the region, has partnered with Utah-based UTOPIA Fiber to build an open access fiber-to-the-home (FTTH) network.

Bozeman Fiber has already built an open access fiber ring, serving city, county, and school facilities. It has also connected 200 commercial customers. The partnership with UTOPIA will allow Bozeman Fiber to extend the network across the city, passing 22,000 homes and businesses, with plans to extend further out into the more rural parts of Gallatin County down the road.

Network construction, which is estimated to cost $65 million, is slated to begin in the spring of 2022 and is expected to take three years to be completed.

“This is the first phase of a project that will cover the city and some areas of the county, and the intention is we’ll have future phases that reach further out into the county to hit more rural areas,” UTOPIA Fiber executive director Roger Timmerman said during the press conference announcing the partnership.

Bozeman Fiber CEO Greg Metzger added: “with this project, we’ll be able to attract and retain more businesses, and create jobs.”

County Provides Access to Bond Market

As Mayors must concern themselves with everything from public safety and health to the development of the local economy and the provision of essential municipal services, they tend to have a particular focus on the infrastructure necessary to support it all, amid a cacophony of competing interests.

Over the summer, having reached consensus on the fundamental importance of “the digital infrastructure of tomorrow,” a particular focus of the United States Conference of Mayors 88th National Annual Meeting was to issue a resolution declaring the necessity of “Preserving Local Public Rights-of-Way and Regulatory Authority to Most Effectively Deploy 5G Broadband Access and Bridge the Digital Divide during the COVID-19 Pandemic.”

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The Mayors’ resolution comes in response to the Federal Communications Commission’s (FCC's) 2018 preemption of local governments’ authority to regulate 5G infrastructure in their cities. 

At the heart of the regulatory debate: local governments’ ability to determine the amount of fees to charge mobile carriers that want to place 5G equipment in Rights-of-Way. In addition to putting limits on those fees, the FCC Order also sets strict timelines by which cities and towns must respond to carrier applications. The FCC decision, issued over the objections of industry observers and policy experts, essentially eliminates local communities’ ability to negotiate in order to protect their own Rights-of-Way and the poles, traffic lights, and other potential structures within those Rights-of-Way.

Preempting Local Authority

Local governments have been creative in finding ways to conduct work remotely during the ongoing coronavirus pandemic, conducting city council meetings via Zoom or congregating in football stadiums to vote on referendums. Soon, Summit County, Ohio and the city of Akron will be better equipped to do similar work. Both have passed council measures approving an agreement with the neighboring city of Fairlawn to expand the latter’s municipal network southeast, and create a fiber ring connecting county- and city-level criminal justice and public safety buildings. The Summit County Criminal Justice Technology Project, which will be complete by the end of the year, is designed to facilitate court proceedings and public safety work remotely in response to the coronavirus pandemic.

A Burnin' Ring of Fiber

FairlawnGig, the municipal network run by the city of the same name, has issued a Request for Qualifications to design and build the network extension it will then manage. The ring will consist of 20 miles of mostly 864-strand fiber (with some places getting 24-strand additions or upgrades) and the $6.5 million cost will be paid for by Summit County (the money is coming from CARES Act funds).

Summit County Executive Ilene said of the investment: 

COVID-19 has forced us to rethink how government operates and delivers services. As we begin to adjust to life with the virus, we have to consider how to safely and efficiently meet the needs of our community. This project prioritizes both safety and efficiency.