After working over a year to obtain licenses to deploy fiber across town, by this time next week the central Connecticut town of Plainville, home to approximately 17,500 residents, will begin construction of a municipal fiber network. When finished, the network will connect all town offices, public education facilities, public safety services, and wastewater treatment facilities.

Over a decade after high-speed fiber connections linking the town’s municipal center and a local high school to the statewide Nutmeg Network were first established in Plainville, multiple municipal buildings throughout town still lacked reliable broadband connections, and some had not been connected to the Internet at all. 

With locally-based construction firm Sertex set to begin laying fiber for the townwide institutional network (I-Net) next week, which will include “12.5 miles of aerial cabling and three underground spans running beneath major highways,” that’s all about to change for the relatively dense, 10-square-mile community, reports Sertex. 

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A pair of bills making the rounds through Florida’s state legislature are an attack on the state’s urban municipal electric utility ratepayers to the financial benefit of big cable monopolies, under the guise of expanding rural broadband.

H.B. 1239 and S.B. 1592 read like regulatory wishlists for Florida’s big Internet service providers. Word around the capitol is that the bills are heavily influenced by Charter Spectrum, the major incumbent cable Internet provider in the region (insiders also noted in an interview that it was sponsored by the Florida Internet and Television Association, of which Charter and Comcast are members).

H.B. 1239/S.B. 1592 would require municipal electric utilities to provide private companies with access to their poles at a capped rate, though the cost of attaching new telecommunications infrastructure differs based on size, shape, and weight. Florida’s municipal electric utilities, and their ratepayers, would be burdened with any additional costs that surpass the capped rate. 

The bills would further require electric utilities to reengineer utility poles to accommodate broadband providers’ attachment requests within 90 days of receiving them. In some instances, municipal electric utilities would be forced to cover the full costs of pole replacements, rather than the new attacher.

At ILSR, we are concerned that make-ready policies do discourage competition and we have encouraged streamlined access and consistent, fair rates to ensure Internet service providers can pursue efficient deployment. However, this bill would force electric ratepayers, including residents and local businesses, to shoulder more of the burden for private firms like Charter Spectrum and AT&T with the latter avoiding paying their fair share of attachment costs. 

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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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.

The fifth anniversary of the announcement of the KentuckyWired project is approaching later this year. As voters start to assess their candidates’ job performance, the unfinished and over budget middle mile public-private partnership (P3) has become an albatross that incumbents aren’t able to easily cast off. When we last discussed the project in 2017, we shared our observations and misgivings. Not much has changed, except some of our concerns have played out and the project has become troubled by new problems.

In Case You’re Just Arriving to the Party… 

The statewide, massive middle mile project officially began when Kentucky announced in late 2014 that they would build a fiber optic network in order to bring better connectivity to rural areas. They planned to find a private sector partner and sought bids. In the fall of 2015, Australian firm Macquarie won the contract for what soon became an even larger endeavor — a fiber optic network that would enter every county in the state at a minimum of one location. The network would consist of approximately 3,200 miles of fiber and connect about 1,000 public facilities. At the time the project was developed, the state estimated that deployment would cost approximately $300 million.

With early bipartisan support, the state allocated $30 million from their budget, which they expected to combine with $23.5 million in federal grants. When the Kentucky Economic Development Finance Authority issued $232 million in tax-exempt revenue bonds and $58 million in taxable revenue bonds to complete financing, Bond Buyer named the issue the “Deal of the Year” for 2015. Macquarie’s timeline estimated an optimistic one-year completion for the entire statewide project.

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.

The City of Sanford, Maine, is putting the final pieces of funding in place to move forward with its ambitious 45-mile fiber optic build, SandfordNet, the largest fiber infrastructure build proposed in Maine to date. 

Along with two other funding sources, the project will be financed by an existing Tax Increment Financing (TIF) district in downtown Sanford. According to the Journal Tribune, the project will cost $2.02 million in total to complete; that figure is higher than initially projected, due in part to fees to access utility poles. 

The SanfordNet project involves building what the city describes as a “fourth redundant ring” that will attach to the statewide fiber loop known as the “Three Ring Binder.” Sanford’s building out the 45 miles of fiber and then connecting it to the Binder, which is about nine miles beyond city limits. The fiber will connect nearly 90 Community Anchor Institutions (CAIs), such as libraries and hospitals, to the infrastructure that will offer 10 Gigabit per second symmetrical upload and download capacity. The city is utilizing an open access model, leasing out its fiber to ISPs in a non-discriminatory approach that promotes competition.

GWI of Biddeford, Maine, will operate the network for Sanford and intends to offer Fiber-to-the-Home (FTTH) to residential premises along the fiber route in areas where there's sufficient demand. The open access model will create the opportunity for competition, creating better rates and better services for Mainers in the region. For more on what has become known as the "Maine Model," check out Christopher's conversation with GWI's CEO Fletcher Kittredge, episode 214 of the Community Broadband Bits podcast.

Where the Project Stands

In May, Connecticut’s Public Utility Regulatory Agency (PURA) struck a blow at local authority when the ruled that communities could not use their protected utility pole space for municipal fiber deployment. Big cable and telephone companies cheered, broadband advocates and communities that need better connectivity decided to take action. Now, PURA faces lawsuits that challenge the decision from the Office of Consumer Counsel (OCC), the Connecticut Conference of Municipalities (CCM), and at least three local communities that just want high-quality Internet access.

Long Wait

The focus of the controversy is Connecticut’s Municipal Gain Space Law, which was first established in the early 1900s to guarantee municipalities the ability to hang telegraph wires. The municipal gain space is a location on all utility poles — publicly or privately owned — situated in the public right-of-way. After multiple law suits over the years in which cities and the state typically won, Connecticut’s legislature finally amended the language of the law to allow government entities to use the municipal gain space for “any use” in 2013.

Almost two years ago, we reported on the petition filed by the OCC and the State Broadband Office (SBO) with PURA asking for clarification on the law, which included establishing clear-cut rules on using the municipal gain space for fiber optic deployment. They felt the rules needed cleaning up because some incumbents in Connecticut were still finding ways to thwart competition and stop or delay plans for municipal fiber deployment. 

In addition to using restrictive pole attachment agreements, incumbents were exploiting the lack of definition in the statute to slow make-ready work, question who pays for make-ready work, and generally delay municipal projects. Time is money and losing momentum can drive up the cost of of a project, which in turn erodes a community's will to see it realized.

The Decision in Question

Nestled along the south eastern border of Maine are Baileyville and Calais. As rural communities situated next to Canada in the state's "Downeast" region, neither town is on a list of infrastructure upgrades from incumbents. With an aging population, a need to consider their economic future, and no hope of help from big national ISPs, Baileyville and Calais are joining forces and developing their own publicly owned broadband utility.

Baileyville and Calais

There are about 3,000 residents in Calais (pronounced "Kal-iss") and 1,500 in Baileyville, but according to Julie Jordan, Director of Downeast Economic Development Corporation (DEDC), many of those residents are aging and younger people find little reason to stay or relocate in Washington County. The community recognizes that they need to draw in new industries and jobs that will attract young families to keep the towns from fading off the map.

Most of the residents in the region must rely on slow DSL from Consolidated Communications (formerly FairPoint), while a few have access to cable from Spectrum (formerly Time Warner Cable); expensive and unreliable satellite is also an option and there's some limited fixed wireless coverage in the area. A few larger businesses that require fiber optic connectivity can find a way to have it installed, but Julie tells us that it's incredibly expensive in the area and most can't afford the high rates for fiber.

Economic Development Driven

Organized in 2015, the nonprofit DEDC came together with the focus on recruiting new businesses to the area and to support existing businesses. As DEDC quickly discovered, unless the region could offer high-speed, reliable Internet infrastructure, attracting new businesses and helping existing businesses expand would be extremely difficult. They also determined that new families would not be interested in Baileyville or Calais without high-quality connectivity. "It was a no-brainer," says Julie, "you have to go fiber."