A new report out by CTC Technology and Energy and Rural Innovation Strategies, commissioned by the state of Vermont, gives us one of the clearest and most detailed pictures so far of the impact of the Covid 19 pandemic on our attempts to live and work remotely. 

The “Covid-19 Responses Telecommunications Recovery Plan” [pdf], presented to the state in December 2020, includes both a comprehensive survey of conditions after a half-year of social distancing and intermittent lockdowns as well as recommendations for addressing immediate needs. But it offers solutions that provide a path forward by making sure that dollars spent now are in service to the state’s long-term goals of getting everyone in the Green Mountain State on fast, affordable wireline broadband service at speeds of at least 100/100 Megabits per second (Mbps). 

The report brings together network performance assessments from every level of government across the state over the last six months, pairs it with survey responses from citizens, libraries, hospitals, businesses, regional development corporations, and Communications Union Districts (CUDs), and offers analysis based on conditions for moving forward.

“Covid-19 has laid bare the challenges of lack of universal broadband in Vermont,” the report says, with “inequities in the availability and affordability of broadband create further inequities in areas such as education, telehealth, and the ability to work from home.” It offers a wealth of findings:

A pair of broadband bills in Pennsylvania (one of which has been signed into law by the governor, and the other having passed one chamber) represent a collective step forward for broadband by updating regulations and establishing a broadband grant program so as to promote network expansion in rural and unserved parts of the state of Pennsylvania.

Fewer Restrictions, More Money

The first is House Bill 2438 [pdf], which allows electric cooperatives to use existing easements for an affiliate to deliver broadband service without re-negotiating with property owners. The bill also allows cable companies to use cooperative-owned poles with permission and in accordance with existing rates and regulations. It’s designed to make it faster, cheaper, and easier to bring Internet access to rural parts of the state. 

Johnstown Area Regional Industries entrepreneurial coach Blake Fleegle said of the legislation: 

Every county in our region is looking at bringing high-dollar earners to our region. Employers are finding people can be just as effective working in Johnstown as they would be in Washington, D.C., or Pittsburgh. But they need to connect, and that's where broadband comes into play.

Chad Carrick, President and CEO of REA Energy Cooperative, likewise welcomed the legislation while emphasizing the role electric co-ops will play in the state: 

It may be hard for some to believe, but there is a good 40% of Indiana and Cambria counties that either don't have broadband Internet access or it's not up to snuff, according to our surveys to our membership.

2438 passed the state House in June, the Senate at the end of October, and was signed into law by the governor at the end of last month. 

As the nation’s eyes are riveted on the political divide in Georgia and the implications it has for the balance of power in the U.S. Senate, many state residents are also keeping an eye on the digital divide in the Peach State with an aim to expand broadband service to rural residents.

Georgia’s not-for-profit, member-owned electric membership cooperatives (EMCs) are promoting a new “Georgia Solution” to bring more broadband connectivity to the state’s rural regions.

That’s what the statewide trade association representing Georgia’s 41 electric cooperatives is calling its unique “roll out the red carpet” initiative as they hope to lure private Internet Service Providers (ISPs) to expand broadband service now that state lawmakers passed the Georgia Broadband Opportunity Act during the 2020 Georgia General Assembly.

The law, signed by Governor Brian Kemp in August, authorizes the Georgia Public Service Commission (PSC) to set “rates, terms, and conditions for pole attachments between communications service providers and electric membership corporations and their broadband affiliates.”

Filed on October 23 with the state’s PSC to consider for approval, the “Georgia Solution,” aims to entice private ISPs with two “generous and unprecedented offers” -- the “One Buck Deal” and the “Georgia One-Touch-Make-Ready Program.”

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Two-Part “Georgia Solution”

Over the last few months, a number of cities across the country have recognized the pressing need to find a way to get those in their community without Internet access connected. In San Rafael, California, San Antonio, Texas, and Champaign, Illinois, local governments along with a variety of philanthropic, technical, and private partners have developed a host of innovative ways to bring fixed wireless solutions to neighborhoods in need.

The city of McAllen (pop. 140,000) — near the mouth of the Rio Grande, at the southern tip of Texas — offers some additional lessons to be learned and a blueprint for success for other local governments thinking of doing the same. Quietly over the summer, it collected broadband data, designed, and deployed a fixed wireless network which to date covers more than three dozen neighborhoods and provides free connectivity for the city’s students and residents. 

Fiber From the Water Tower

Citywide Wi-Fi has been a long time coming in McAllen. Mayor Jim Dalson and the IT Department have wanted to do it for years, IT Director Robert Acosta said in an interview, but finding a way to pay for it has been the major barrier. In the meantime, his department has been adding wireless coverage to public spaces for the past half decade, at city parks, outside of government facilities, at the Museum of Art and Science, and at the Boys and Girls club. He also extended the network to traffic cameras, water towers, and other government facilities, and when the pandemic hit his department had more than 60 miles of fiber to call upon.

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Last December we wrote about Connecticut’s long-awaited victory by court affirmation in the fight to let its cities attach to utility poles at no cost in pursuit of spurring municipal broadband efforts. A similar effort seems to have stalled in its neighbor to the north, with HD 4492 languishing in the Massachusetts Legislature’s Telecommunications, Utilities and Energy Committee. 

The bill, “An Act To Establish Municipal Access To Utility Poles Located In Municipal Rights-Of-Way,” is simple. It modifies Chapter 166, Section 22a of the state’s General Laws to eliminate pole attachment fees for cities working to build broadband networks to reach “unserved or underserved areas” (as defined by the Massachusetts Broadband Institute (MBI)), shifting the expense instead to the current pole owner(s). John Barrett introduced the bill and two dozen fellow legislators co-signed it. It calls for: 

Notwithstanding any provision of law to the contrary, for the purpose of safeguarding access to infrastructure essential to public health, safety and welfare, an owner of a shared-use pole and each entity attaching to that pole is responsible for that owner's or entity's own expenses for make-ready work to accommodate a municipality's attaching its facilities to that shared-use pole: a) For a governmental purpose consistent with the police power of the municipality; or b) For the purpose of providing broadband service to an unserved or underserved area.

Up in the Air

Update (6/18/20)

In response to the $1.25 billion Vermont received from the federal Coronavirus Relief Fund, lawmakers immediately began discussing using $100 million of it to bridge the state's digital divide, with fully $45 million going to construction of new fiber networks across the Green Mountain State. But they were quickly stopped short by restrictions set on the monies, which stipulated the strict terms by which the funds were to be used. In the end, the state won't be seeing any construction from these funds. Instead a smaller amount — $43 million — will be directed at immediate relief efforts rather than long-term planning:

• "$13 million in proposed spending to connect Vermonters to broadband internet services. The bulk of that, $11 million, would create a program to be managed by the public service department called Get Vermonters Connected Now [to] provide subsidies to low-income Vermonters who can't afford to use broadband networks already available in their neighborhoods."
• "$20 million to compensate utilities . . . for the cost of continuing to serve people who stopped paying bills due to COVID-19."
• "$7.3 million for the Agency of Digital Services to make it more secure for state employees to work remotely and to upgrade the obsolete unemployment insurance computer system."
• "$500,000 for a "telecommunications recovery plan."
• "$466,500 for local cable access organizations in recognition of the additional coverage they've taken on during the pandemic."

It's possible that federal regulations could change, but in the meantime Vermonters will have to look inward to solve its connectivity challenges.

Original Story

In the past few years, states around the U.S. have made incremental changes in their laws to ease restrictions on municipalities and cooperatives interested in developing high-quality Internet network infrastructure. When communities in Connecticut wanted to exercise their right to space on utility poles at no cost, however, pole owners objected. After a drawn out review of the state's "Municipal Gain" law, local communities have finally obtained the decision they've pursued to develop cost-effective publicly owned fiber optic municipal networks.

Process, Procedure, and PURA

In 2016, the state's Office of Consumer Counsel (OCC) turned to Connecticut's Public Utility Regulatory Agency (PURA) and asked the agency to clarify a 110-year-old state law regarding utility poles in municipal rights-of-way (ROW). In Connecticut, about 900,000 of the poles are scattered throughout the state and are prime locations for fiber optic cables for improved connectivity. Most of the poles belong to Verizon, Frontier, one of the state's electric providers, or are jointly owned by two or more of them.

The Municipal Gain Law was created in the early 1900s to give local communities reserved space with no attachment fee on the poles in order to hang telegraph wires. As telephone and other technologies evolved that required wiring, municipalities wanted to take advantage of the space. There were several lawsuits between pole owners and municipalities over the years with pole owner interests usually losing out to the needs of the public. By 2013, it became clear that amending the law to allow communities to access the municipal gain space "for any use" made sense and the state legislature made the statutory language change. Local communities saw the change as an opportunity to string fiber in the space, establishing publicly owned infrastructure on which they could partner with private sector providers for improved local connectivity.

In the past year, communities and cooperatives in Texas have been making gallant efforts to better connect local residents and businesses with high-quality Internet access. Now, they may get a little help from the State Legislature.

Helping Co-ops

Earlier in this session, Senator Robert Nichols introduced SB 14, a bill that will allow electric cooperatives that hold easements obtained for electric service infrastructure the ability to extend those easements to broadband infrastructure. The bill replicates the FIBRE Act, a 2017 Indiana bill that opened up possibilities for rural cooperatives in that state.

Nichols told KLTV that he has high hopes for his bill:

“I’m getting a lot of support because all of the other plans for broadband that have been proposed use subsidies,” said Nichols. “This one asks the state for nothing, it asks the federal government for nothing.”

He also told KLTV that the Governor’s office has expressed support for the proposal.

Read the text of the bill.

Similar to Indiana’s FIBRE Act, the extension of the easement applies to those that already exist. By enacting making the change, cooperatives that already have infrastructure in place will save time in deploying fiber optic networks because they won’t need to obtain a second set of easements from members who’ve already granted them for electricity infrastructure.

In addition to offering broadband to members sooner, cooperatives who are able to take advantage in the change in the law will also save financially. Personnel costs, filing, and administrative fees add up when a co-op must obtain multiple, sometimes dozens or hundreds, of legal easements. Occasionally, a property owner doesn’t consent to an easement right away. This change in the law will prevent hang-ups in deployment due to uncooperative property owners that can jeopardize a project.

Back Home Again in Indiana

The small town of Windsor is joining the list of communities in western Massachusetts who are taking measures to improve local connectivity with publicly owned Internet infrastructure. The town of fewer than 1,000 people anticipates connecting all residents and businesses before the end of 2019.

Grants Are So Good

Windsor is benefitting from a grant of more than $886,000 from the FCC Connect America Fund, to be distributed over a 10-year period. Six other Berkshire County communities will also receive funding from the FCC; Westfield Gas+Electric (WG+E) applied for the funding on behalf of the region’s communities. In total, the seven towns will receive more than $2.45 million during the next decade to improve local broadband. The Westfield utility has been working with its neighbors in recent years in different capacities, including as an ISP, network operator, and as consultants.

Community leaders originally estimated Windsor’s planned Fiber-to-the-Home (FTTH) network would cost approximately $2.3 million. Select Board Member Doug McNally said that the community may use the award from the FCC to help pay down debt to deploy the network or may be used directly to help residents who have long driveways, requiring more individual investment to connect to the town’s network.

Windsor also received approximately $830,000 from the state in 2017 and previously approved borrowing to fund deployment. Windsor had planned to work with the WiredWest cooperative, until the Massachusetts Broadband Institute (MBI) put up several hurdles that interfered with the cooperative’s ability to realize their business model. WiredWest has revamped what it plans to offer member towns and, according to McNally, Windsor may contract with the co-op for Internet access and operate the network.

If Windsor chooses WiredWest, subscribers could choose between symmetrical packages of 25 Megabits per second (Mbps) for $59 per month or 1 gigabit per second for $75 per month. Voice service would cost an additional $19 per month. All subscribers also pay an additional $99 activation fee.