preemption

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Election Day 2022: Broadband on the Ballot

As voters went to the polls yesterday, broadband-focused initiatives and candidates could be found up and down the ballot all across the country.

Alabama

Alabama voters cast their ballots to decide on a state Constitutional amendment known as the Broadband Internet Infrastructure Funding Amendment. The measure sought to amend the state's constitution "to allow local governments to use funding provided for broadband internet infrastructure under the American Rescue Plan Act (ARPA) and award such funds to public or private entities."

That measure passed, garnering a “Yes” vote from nearly 80 percent of Alabama voters. With 73 percent of the vote counted late last night, 922,145 “Yes” votes had been tallied with 251,441 “No” votes.

Also in Alabama, Democratic U.S. Rep. Terri Sewell won her re-election bid to represent Alabama’s 7th congressional district. Sewell, whose district covers a large swath of the Alabama Black Belt, “spent much of her past two years in office bringing American Rescue Plan Act funds to rural Alabama, dedicated to healthcare, broadband access and infrastructure building,” as noted by The Montgomery Advertiser.

Colorado

The Centennial State is not listed as one of 17 states in the nation with preemption laws that erect barriers to municipal broadband because nearly every community that had a vote has passed it to nullify it. But more communities had to go through that unnecessary process yesterday due to the law known as SB-152 that bans local governments in the state from establishing municipal broadband service absent a referendum.

Cooperatives and Utilities Huge Winners in Tennessee Emergency Broadband Fund

Tennessee cooperatives and utilities came out at the top of the heap in the latest round of awards from the Tennessee Emergency Broadband Fund, netting nearly half of all money awarded for the expansion of more affordable broadband statewide.

The Tennessee Department of Economic and Community Development (TNECD) awarded $446.8 million to 36 applicants, who are now tasked with deploying improved broadband service to 150,000 unserved homes and businesses across 58 Tennessee counties. All told, TNECD said that 218 applicants applied for a total of $1.2 billion in broadband funding.

Of the $446.8 million in awards, utilities and cooperatives walked away with $204.4 million.

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Major awards to utilities included Lexington Electric System ($27.5 million), Bledsoe Telephone Cooperative ($17.7 million), Greeneville Energy Authority ($8.2 million), Knoxville Utilities Board (KUB) ($15.2 million), Board of Public Utilities of the City of Fayetteville ($23.9 million), and Cumberland Electric Membership Corporation ($17.5 million). 

“This is great news for our community,” Gabriel J. Bolas, President & CEO of KUB, said in a statement provided to ILSR. “We have known for some time that there is a need for reliable internet in Union, Grainger, Sevier, and Jefferson Counties, and this announcement proves there is a broad and concerted commitment to address their needs soon.”

Grants for Regional Telecom Giants Part of the Mix

Regional telecom giants and local monopolies were also well represented by the state’s latest broadband funding round. 

Cooperatives and Utilities Huge Winners in Tennessee Emergency Broadband Fund

Tennessee cooperatives and utilities came out at the top of the heap in the latest round of awards from the Tennessee Emergency Broadband Fund, netting nearly half of all money awarded for the expansion of more affordable broadband statewide.

The Tennessee Department of Economic and Community Development (TNECD) awarded $446.8 million to 36 applicants, who are now tasked with deploying improved broadband service to 150,000 unserved homes and businesses across 58 Tennessee counties. All told, TNECD said that 218 applicants applied for a total of $1.2 billion in broadband funding.

Of the $446.8 million in awards, utilities and cooperatives walked away with $204.4 million.

Major awards to utilities included Lexington Electric System ($27.5 million), Bledsoe Telephone Cooperative ($17.7 million), Greeneville Energy Authority ($8.2 million), Knoxville Utilities Board (KUB) ($15.2 million), Board of Public Utilities of the City of Fayetteville ($23.9 million), and Cumberland Electric Membership Corporation ($17.5 million). 

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“This is great news for our community,” Gabriel J. Bolas, President & CEO of KUB, said in a statement provided to ILSR. “We have known for some time that there is a need for reliable internet in Union, Grainger, Sevier, and Jefferson Counties, and this announcement proves there is a broad and concerted commitment to address their needs soon.”

Grants for Regional Telecom Giants Part of the Mix

Regional telecom giants and local monopolies were also well represented by the state’s latest broadband funding round. 

The Birth of the Texas State Broadband Development Office - Episode 515 of the Community Broadband Bits Podcast

This week on the podcast, Christopher is joined by Greg Conte, Director of the Texas Broadband Development Office, and ILSR Outreach Team Lead DeAnne Cuellar. The state of Texas finds itself in a common position these days: last year it created a small office that, today, is suddenly faced with dispersing more than a billion dollars in new infrastructure funding through the Broadband Equity, Access, and Deployment (BEAD) program.

Greg talks about the challenges of staffing up and addressing the lack of data about where broadband is and isn't as a starting point for future work. He shares the process of developing a minimum viable product for mapping as well as the additional goal of integrating digital equity goals and socioeconomic data into a mapping effort. 

Christopher, Greg, and DeAnne then dig into the implications of the new BEAD rules recently clarified by the NTIA, and how to square a mandate not to disciminate against community solutions with a Texas state law which places barriers in front of municipalities. He shares how HB5, passed by the Texas legislature last year, lets nonprofit and for-profit entities apply for funding, but privileges for-profit entities what applications are submitted for the same. The group talks about the balancing act of operating an unequal grant-making marketplace with a charge to efficiently and effectively address the digital divide with historic federal broadband funding.

This show is 31 minutes long and can be played on this page or via Apple Podcasts or the tool of your choice using this feed

Transcript below. 

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes here or view all episodes in our index. See other podcasts from the Institute for Local Self-Reliance here.

Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license.

States Can Now Line Up for Federal Broadband Infrastructure Funds

The window to request an unprecedented amount of federal funds to support state broadband grant programs is now open for business.

On Friday the 13th, the U.S. Commerce Department’s National Telecommunications and Information Administration (NTIA) officially announced the Notice of Funding Opportunity (NOFO) for the $42.5 billion Broadband Equity Access & Deployment (BEAD) program.

The BEAD program, which is part of the Infrastructure Investment and Jobs Act (IIJA) that was passed in November 2021, represents the single largest federal investment in broadband expansion in U.S. history. The program, according to NTIA’s own definition, is designed to allocate the funds to all 50 states (U.S. territories and Tribal governments) to support “projects that help expand high-speed Internet access … (through) infrastructure deployment, mapping, and adoption. This includes planning and capacity-building in state offices. And it supports outreach and coordination with local communities.”

The Application Process Has Begun

We have documented and discussed the BEAD program on numerous occasions, which you can find here. But the big news that comes with the NOFO release are the application deadlines associated with it.

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States have until July 18 to submit their Letter of Intent (LOI), a required first step for states to receive a minimum of $100 million in BEAD funds. (States will be allocated additional funding based on a formula that takes into account how many unserved households are in each state).

The Future of the Final Mile

If you don't quite have enough good broadband podcast content in your life (we don't know how that's possible with a backlog of almost 500 episodes of Broadband Bits and nearly 40 episodes of the Connect This! show), you're in luck. The always-wonderful 99 Percent Invisible podcast, in a recent episode, takes on last-mile network infrastructure as part of its bonus Future of.. series.

In "The Future of the Final Mile," Roman Mars uses the evolution of broadband access over a handful of years in Detroit and Chattanooga to illustrate what happens when a community sucessfully takes the future of its information infrastructure into its own hands. With interviews from local residents and broadband advocates, the episode addresses the uneven broadband marketplace, efforts to address inequitable access in Detroit through a citizen-created wireless mesh network, and a full fiber-to-the-home build in Chattanooga. Mars and his co-producer ask a lot of good questions about why more communities don't take bold steps, why preemption persists in 17 states, and what communities can do.

The episode is 41 minutes long. Listen to "The Future of the Final Mile" here, or read the transcript here.

Jefferson County PUD Using More Than $20 Million in Grants To Expand Fiber in Washington State

Jefferson County, Washington’s Public Utility District (PUD) is just the latest to take advantage of a flood of new grants — and recently-eliminated restrictions on community broadband — to expand access to affordable fiber across the state.  

Over the last few months, the PUD - situated northwest of Seattle, just across the Puget Sound - has been awarded more than $11 million in grants, including $1 million from the Washington State Public Works board, and another $9.7 million in Broadband Infrastructure Acceleration grants doled out by the Washington State Department of Commerce. The funds will help the PUD connect 2,600 homes in Gardiner, Quilcene, Cape George, Discovery Bay, and Marrowstone Island over the next two years.

Locally Operated Infrastructure, Affordable Prices, Fast Speeds

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Construction is expected to start later in 2022, with the first subscribers to come online sometime in the first half of 2023. A project breakdown says they hope to provide basic speeds of 100 Megabits per second (Mbps) for $65 a month, and speeds of 1 Gigabit per second (Gbps) for $90 a month. The network will be open access, which means that additional ISPs (including, presumably, those currently offering service on the existing network) will be able to continue into the expanded areas.The PUD plans to offer a low-income tier for $45/month ($15 after the Affordable Connectivity Program subsidy), which is welcome to see.

Breaking Down BEAD Funding Requirements with Nancy Werner - Episode 498 of the Community Broadband Bits Podcast

This week on the podcast, Christopher is joined by Nancy Werner, General Counsel of the National Association of Telecommunications Officers and Advisors (NATOA). During the conversation, the two talk about NATOA and its role in supporting community broadband projects, how the Broadband Equity, Access and Deployment (BEAD) Act is structured, and how exactly BEAD grant money can be used. They also get into the nitty gritty of funding MDU deployment projects with BEAD money, and what priorities need to be considered to access those funds. The show ends with a discussion about the promise and shortcomings of taking a simplified approach to setting right of way and franchise fees.

This show is 30 minutes long and can be played on this page or via Apple Podcasts or the tool of your choice using this feed

Transcript below. 

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes here or view all episodes in our index. See other podcasts from the Institute for Local Self-Reliance here.

Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license.

Nebraska Lawmaker Looks to Shuck Muni Broadband Restrictions - Again

Even as high-speed Internet access is widely considered a basic utility akin to electricity and clean water, there are still 17 states with preemption laws that either ban publicly-owned broadband networks or have barriers that make it all but impossible for municipalities to compete with monopoly Internet Service Providers. This, despite the major incumbents having received billions in taxpayer subsidies over the years and having failed to deliver universally reliable and affordable connectivity.

However, as it has become increasingly clear that the private market alone is not going to solve America’s connectivity crisis, last year two states (Arkansas and Washington) rolled back their preemption laws that were protecting monopoly incumbent providers from competition, allowing local and regional governmental entities to build the telecommunications infrastructure their residents need.

Now, one Nebraska lawmaker has recently filed a bill that, if passed, would significantly remove his state’s current barriers to municipal broadband. Nebraska State Sen. Justin Wayne of Omaha filed LB916 last week with the state legislature’s Transportation and Telecommunications Committee.

As it stands now, according to the Coalition for Local Internet Choice (CLIC), Nebraska “generally prohibits agencies or political subdivisions of the state, other than public power utilities, from providing wholesale or retail broadband, Internet, telecommunications or cable service. Public power utilities are permanently prohibited from providing such services on a retail basis, and they can sell or lease dark fiber on a wholesale basis only under severely limited conditions. For example, a public power utility cannot sell or lease dark fiber at rates lower than the rates incumbents are charging in the market in question.” 

Bill to Let Local Communities Decide on Broadband

Allentown, Pennsylvania Proposes Using Rescue Plan Funds for Muni Fiber Network

Once a booming center of manufacturing, Allentown, PA (pop. 120,900) is looking to reinvigorate its economy by reinventing itself as a modern 21st century “smart city,” bringing fiber-to-the-home Internet connectivity to every resident in the city.

In October, the city proposed using $7 million of its $57 million in American Rescue Act Funds to aid in the deployment of a citywide FTTH network. City leaders hope the investment will help them reach the goal outlined in its strategic economic development plan to become a smart city by 2030.

The city will work with Iota Communications to conduct a feasibility study they hope will be complete in the coming months. While the possibility of a FTTH network is in the early stages for the city, the proposal signals a serious ambition to bridge the digital divide in the region.

Feeling The Way Forward

Allentown is one of three cities that make up a larger geographic area known as Lehigh Valley, with the other cities being Easton (pop. 27,000) and Bethlehem (pop. 75,500). For a while now, leaders in the valley have been talking about the digital divide and it’s been made clear with the pandemic that it can no longer be put on the backburner.

Pennsylvania lawmakers passed a law 2019 clearing the way for municipalities to have more of a say in how 5G is deployed in their communities. And while many local officials say the new law will help pave the way for Allentown to stay ahead of the curve, some have cautioned that a focus on 5G is a major distraction.