The Ohio Senate attached an amendment to the state's budget bill last week which would place significant restrictions on the establishment of new community broadband solutions. It would also, if passed in its current form, place substantial barriers on the operation and expansion of existing municipal networks and other publicly owned and operated projects.

Cities across Ohio have expanded Internet infrastructure in thoughtful, forward-looking ways. These municipal networks have created local government savings, increased speeds, promoted service competition, and powered economic development.

 Some cities have specifically addressed the affordability gap in cities, where many residents have been left behind in a broken market where large Internet Service Providers (ISPs) have underbuilt networks, leaving hundreds of thousands of broadband-hungry Ohioans in the digital dust.

This fact sheet [pdf] outlines the many long-term benefits that municipal broadband projects have brought to the state. For instance:

Municipal networks in the United States have proven that when dollars are invested in publicly owned information infrastructure, they often return value back to the community several times over. This new fact sheet [pdf] highlights municipal broadband success stories from across the country and some of the many benefits the networks have brought to the communities they serve. 

These networks are directly accountable to the community and have proved themselves for more than 20 years in some cases, bringing lower prices to households than the large private providers. Municipal networks and partnerships account for 9 of the top 10 fastest broadband networks in the nation.

Download Snapshots of Municipal Broadband: A Much-Needed Part of America's Digital Ecosystem [pdf] here.

For timely updates, follow Christopher Mitchell or MuniNetworks on Twitter and sign up to get the Community Broadband weekly update.

Well, they did it. The Ohio Senate passed its two-year $75-billion budget bill yesterday, which included an amendment that effectively bans the creation of municipal broadband networks without much in the way of public debate.

If the amendment contained in the Senate’s budget survives the budget process, it would make Ohio the first state in a decade to erect barriers to the establishment and expansion of municipal broadband networks.

The vote was along party lines, with 25 GOP State Senators voting in favor of the Senate budget bill and the chamber’s eight Democrats voting against it. With the House having passed its budget bill in April, now the two legislative bodies have until June 30 to negotiate the differences.

According to the Columbus Dispatch, the House and Senate budget bills agree on about 60 percent of what’s contained in the Senate spending proposal. Where the House and Senate disagree is on the size of a state income tax cut, school funding, access to subsidized childcare, and broadband.

Ohio on Cusp of Municipal Broadband Ban

When the Senate version of the state budget bill was unveiled earlier this week, it included an amendment that saddles community-owned projects with an array of conditions designed to prevent, stifle, and discourage political subdivisions from building and operating networks that meet the connectivity challenges of its residents. It also takes aim at existing projects which enhance the resiliency of regional communications, telehealth, and public safety operations.

Among the most pernicious consequences would be that it only allows for municipal broadband networks to be built in “unserved” areas of the state, defined as geographic regions where residents do not have access to “broadband service capable of speeds of at least 25 Mbps downstream and at least 3 Mbps upstream.”

The Ohio State Senate is set to vote today on the state budget bill that includes an amendment which, if signed into law, would be a major setback for municipal broadband projects in the Buckeye State and protect the big incumbent Internet Service Providers from competition. 

If passed and signed into law it would make Ohio the first state in a decade to erect barriers to the establishment and expansion of municipal broadband networks. This is a surprising and disappointing move, especially for families who have spent the last year experiencing firsthand the poor Internet connectivity that comes with a broadband market dominated by monopoly providers with no incentive to put the interests of the public ahead of shareholder returns.

Erecting Barriers

When the Senate version of the state budget bill was unveiled earlier this week, it included an amendement with an array of conditions designed to prevent, stifle, and discourage cities from following through with any plan for a city-run network to meet the connectivity challenges of its residents.

The first is a provision that would only allow for municipal broadband networks to be built in “unserved” areas of the state, defined as geographic regions where residents do not have access to “broadband service capable of speeds of at least 25 Mbps downstream and at least 3 Mbps upstream.”

But a recent Ohio Broadband Strategy report released in 2019 under the direction of Ohio Lt. Gov. Jon Husted pegged the number of Ohioans without access to broadband at just around 1 million. According to the independent broadband tracking firm BroadbandNow, which ranks Ohio 24th in the nation on the broadband access scale, as of June 2021 there were 618,000 Ohio residents who did not have access to broadband with speeds of 25/3 or faster, which means that approximately 94 percent of Ohioans have access to wired broadband with speeds of 25/3 or faster. Restricting municipal networks to only those households with no service whatsoever would effectively preclude new networks in large parts of the state.

Snapshot

Florida Legislature rewrites utility pole bill to include language backed by municipal electric utilities

North Carolina’s County Broadband Authority Act includes clause drawing criticism from electric co-ops

Oklahoma Governor signs mapping bill, vetoes measure adding Tribal representation to state broadband council

The State Scene

Florida

A Florida bill, which included provisions that would have forced Florida’s municipal electric utilities and their ratepayers to pay private Internet Service Providers’ utility pole make-ready costs, was significantly revised before passing the State House by a unanimous vote of 115-0 on April 28.

H.B. 1239, which no longer includes the make-ready costs provisions, initially read like a regulatory wishlist for incumbent cable monopolies until it was redrafted to become a legislative package aimed at improving broadband deployment across the state. The revised bill now heads to the State Gov. Ron DeSantis for approval.

The final version of the bill establishes additional duties for Florida’s Office of Broadband, creates a state broadband grant program, and requires the Office to conduct mapping of unserved and underserved areas of the state -- a significant deviation from the version that was first introduced in February.

Schools offer not only education, but nourishment, a place to form friendships and bonds, and a way to make sure youth are safe. When the pandemic hit, schools had to transition to distance learning and, as a result, many students disappeared because their family didn’t have access to or couldn’t afford a home Internet connection. It became immediately clear, all over the country, that a lack of broadband access and broadband affordability were no longer issues that could be ignored. 

Many cities throughout the U.S. have been working over the last year to address this issue, but one city in particular - Columbus, Ohio - has been taking a holistic approach to broadband access. 

The Franklin County Digital Equity Coalition was borne out of the emergency needs presented by the pandemic, but has shaped up to be a good model for how to address the broadband issues facing urban communities across the country. 

After 11 months of meeting and planning, the coalition released a framework in March outlining its five pillars of focus: broadband affordability, device access, digital life skills and technical support, community response and collaboration, and advocacy for broadband funding and policy. 

The coalition also developed two pilot programs to increase broadband access. 

The first, which was a quickly deployed and desperately needed response to the lack of broadband access, was the Central Ohio Broadband Access Pilot Program. Launched in September 2020 in anticipation of the upcoming school year, it offered hotspot devices with unlimited data plans to central Ohio households with k-12 students. The program, while still growing, has been deployed with about 2,300 hotspots distributed so far with the help of PCs for People. 

The second (the City of Columbus and Smart Columbus Pilot Projects) uses the city’s existing fiber backbone to bring affordable Internet service to the Near East and South Side neighborhoods in Columbus.

Both pilot programs are the result of nearly 30 organizations coming together to get affordable access to some of the city and county’s most vulnerable populations.

There’s Power in Numbers

In Ohio’s Miami Valley, the final phase of construction for one of the country’s first multi-jurisdictional networks, the GATEWay Public Fiber Network, is underway. 

The final network will connect the cities of Centerville, Kettering, Miamisburg, Moraine, Oakwood, Springboro and West Carrollton with more than 40 miles of fiber, with the resulting infrastructure bringing increased bandwidth, speed, and capacity at an affordable price to the local governments, schools, nonprofits and public safety facilities of seven communities under the Miami Valley Communications Council (MVCC).

Funding the Final Strands

Independents Fiber Network (IFN) has agreed to fund Phase II of the project with $1.8 million, bringing the total cost to just over $3 million. IFN currently owns some of the fiber connecting Springboro and Miamisburg, operating as a middle-mile provider over its 2,000 route-mile network throughout 31 Ohio counties.

“The unique public-private partnership with IFN made it possible for member communities to complete this project without any additional investment of taxpayer dollars,” Leanne Nash, MVCC Board Chair and West Carrollton City Council member told the Dayton Daily News. " At the end of the project, MVCC and IFN will equally split the available fiber and conduit assets which can then be sold or leased to interested technology providers.”

A recent announcement by fiber network builder, operator, and consulting firm Lit Communities signals both a proof of concept for a new public-private partnership and that progress is accelerating for residents in one region of Ohio who will soon enjoy Fiber-to-the-Home (FTTH) service from a new provider.

In a press release last week [pdf], the company announced it had secured significant funding from private firms Stephens Capital Partners and The Pritzker Organization to support its work in partnering with communities that are looking to leverage their existing information infrastructure to finish connections to residents in cities and towns around the United States. The news means an infusion of cash for Lit Communities’ local last-mile venture, Medina Fiber, which will bring new fiber service to tens of thousands of homes in Medina County (pop. 180,000) at lower costs by utilizing the existing publicly owned, middle-mile open access Medina County Fiber Network (MCFN). 

Publicly Owned Middle-Mile Supporting Privately-Owned Last-Mile

The collaboration will allow Lit Communities to save money and expedite residential rollout by connecting to MCFN. It is also a sign of success for local officials who have been looking for ways to use the existing infrastructure to spur high-speed Internet access beyond government buildings, schools, and commercial transport to hundreds of thousands of Ohioans in the near future. 

MCFN will continue to own and operate the middle-mile portion of the network, with Medina Fiber owning and operating the last-mile residential connections as a private entity, paying MCFN for backhaul with the fees it generates from households that choose to subscribe.

Cuyahoga County, Ohio’s Office of Innovation and Performance just issued a Request for Information (RFI) [pdf] which seeks to gather information from private vendors in the initial stages of a plan to improve connectivity for those on the wrong side of the broadband gap in Cleveland and the surrounding area. Responses are due January 15th.

Grace Chu, Cleveland Foundation Public Service Fellow with the Cuyahoga County Office of Innovation & Performance, spoke with us about the origins of the RFI and what the county hopes to get out of the request. The county released a new strategic plan in 2017, and broadband played a prominent role. In the time since, the county has partnered with local organizations (like DigitalC and PCs for People) in distributing devices and hotspots to get families connected. Their efforts have intensified during in 2020 and in the wake of the pandemic, but local officials seek a longer term, more comprehensive solution to the connectivity crisis. It sees projects coming to fruition over the next couple of years.

In the announcement, County Executive Armond Budish emphasized the scope of the digital divide and how the efforts they’ve taken during the ongoing Covid 19 pandemic:

Sadly, Cuyahoga County is one of the worst connected communities in the U.S., with 19 percent of households not having any type of internet service. While we’ve been working to lessen the digital divide through partnerships with the Cleveland Foundation and PCs for People—we provided broadband access to over 3,000 homes through this initiative—this RFI allows us to work toward a more long-term solution that can reach more people and provide easier access for those who need it.