Torpedo legislation aimed at municipal network initiatives don’t usually appear in October, but Michigan’s year-round legislature is making 2017 atypical. Last week, Freshman Representative Michele Hoitenga from the rural village of Manton in Wexford County introduced a bill banning investment in municipal networks.

HB 5099 is short; it decrees that local communities cannot use federal, state, or their own funds to invest in even the slowest Internet infrastructure, if they choose to do it themselves:

THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 

SEC. 13B. (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2), A LOCAL UNIT SHALL NOT USE ANY FEDERAL, STATE, OR LOCAL FUNDS OR LOANS TO PAY FOR THE COST OF PROVIDING QUALIFIED INTERNET SERVICE. (2) A LOCAL UNIT MAY ENTER INTO AN AGREEMENT WITH 1 OR MORE PRIVATE PARTIES TO PROVIDE QUALIFIED INTERNET SERVICE. (3) AS USED IN THIS SECTION, "QUALIFIED INTERNET SERVICE" MEANS HIGH-SPEED INTERNET SERVICE AT A SPEED OF AT LEAST 10 MBPS UPSTREAM AND 1 MBPS DOWNSTREAM.

The exception allows local communities to engage in public-private partnerships, but the bill’s ambiguous language is likely to discourage local communities from pursuing such partnerships. As we’ve seen from partnerships that have successfully brought better connectivity to towns such as Westminster, Maryland, communities often took the initiative to invest in the infrastructure prior to establishing a partnership. Typically, the infrastructure attracts a private sector partner. If a community in Michigan wants to pursue a partnership that suits the exception of HB 5099, they will first have to grapple with the chicken and the egg dilemma.

Rather than put themselves at risk of running afoul of the law, prudent community leaders would probably choose to avoid pursuing any publicly owned infrastructure initiatives.

Munis Gaining Ground In Michigan

It’s no small feat to plan, deploy, and operate a municipal citywide Fiber-to-the-Home (FTTH) network, but communities are doing it. We’ve put together a Citywide Municipal FTTH Networks list and a map, with quick facts at your fingertips. If your community is considering such an investment, this list can offer a starting point on discovering similarly situated locations to study.

The list is divided by state and each state heading offers a description of any barriers that exist and a link to the statute in question. Under each community, we also included relevant links such as to the provider’s website, coverage on MuniNetworks.org, and reports or resources about the network.

We used four basic criteria to put a community on our list and map:

• The network must cover at least 80% of a city.
• A local government (city, town, or county) owns the infrastructure.
• It is a Fiber-to-the-Home network.
• It is in the United States. 

Share the list far and wide and if you know of a community network that meets our criteria that we missed, please let us know. Contact H. Trostle at htrostle@ilsr.org to suggest additions.

A recent Michigan Bar Journal article by attorney Michael J. Watza, The Internet and Municipal Broadband Systems, provides a quick look at the FCC's Open Internet Order [PDF], the recent ruling on state barriers to municipal networks, and how the two may intertwine in Michigan. Watza's three-pager is a great resource for community groups, legislators, and advocates who want to share necessary information without overwhelming the reader.

In addition to providing summaries of each order, Watza offers hope for places that lack the Internet access they need to prosper. He acknowledges Michigan's first gigabit municipal network in Sebewaing and mentions the possibility of public private partnerships. Having worked with Michigan municipalities on telecommunications issues, he knows that other communities in the Great Lakes State also have their eyes on the future:

However, many communities interested in building their own broadband systems have been stymied by state laws written by and for the influential provider industry that either barred such systems or imposed onerous conditions on them. Michigan is one of a couple dozen states with these laws. By striking down such laws, the FCC has authorized and encouraged a significant economic tool for these communities. And perhaps most importantly, by freeing these communities to build on their own or partner with high-speed, low-cost, Internet-friendly private partners like Google (which has been actively pursuing such systems when incumbent monopoly providers have not), it is clear that the FCC is aggressively supporting rate control by the best alternative option in a free market: competition!

If you live in Sebewaing, you can now purchase FTTH connectivity from Sebewaing Light and Water (SLW) via their municipal network. Earlier this week, we discussed the network with Sebewaing Light and Water Superindendent Melanie McCoy.

The first village in Michigan to offer gigabit service issued its RFP in summer 2013. Like many other small communities, the 1,700 inhabitants in Sebewaing were limited to dial-up. T1 service (1.5 Mbps)  was available to businesses but lines cost from $1,000 - $1,500.

Commercial connectivity via the new infrastructure now begins at $75 for symmetrical 50 Mbps service. SLW also offers symmetrical 100 Mbps for $130 and advertises customized packages if those options are not adequate. SLW will also waive the $125 installation fee if a business signs up before the end of the year.

Residents also receive free standard installation if they sign up before the end of 2014. They can pay as little as $35 per month for symmetrical 30 Mbps service, $55 per month for 50 Mbps symmetrical, or $105 per month for 100 Mbps symmetrical service. 1 Gbps/100 Mbps service costs $160 per month.

SLW has already signed up a commercial gig customer. The Bay Shore Methodist Camp & Family Ministries holds events that often cater to hundreds of children and adults. They need a high capacity connection for Wi-Fi to serve a large number of devices.

Sebewaing's original plan was to build an open access network but after careful consideration and legal analysis, it decided to provide retail services. SLW purchases bandwidth only from Air Advantage, a wireless provider specializing in the "thumb" of Michigan. The utility also offers voice services via the network.

Since January, when the DC Circuit Court of Appeals suggested the FCC has the authority to preempt state anti-muni laws, local communities have publicly supported the notion. Chattanooga's Electric Power Board (EPB) will join those communities when it petitions the FCC to preempt similar laws in Tennessee, reports The Center for Public Integrity.

Danna Bailey, vice president of corporate communication at EPB recently told The Center:

“We continue to receive requests for broadband service from nearby communities to serve them,” Bailey said. “We believe cities and counties should have the right to choose the infrastructure they need to support their economies.”

Chattanooga, one of the publicly owned networks that have inspired FCC Chairman Tom Wheeler, has proved itself as a strong economic development tool. According to the article:

A day after his meeting with Berke, Wheeler wrote in his blog, “I believe that it is in the best interests of consumers and competition that the FCC exercises its power to pre-empt state laws that ban or restrict competition from community broadband. Given the opportunity, we will do so.”

A number of other communities with municipal networks, or in the process of deploying them, have passed Resolutions that support the FCC:

Last summer we reported on Sebewaing, the community of 1,700 in the tip of the "thumb" in Michigan. At the time, Sebewaing Light and Water (SLW) was exploring the possibilities of deploying its own FTTH network. Like other small communities, Sebewaing could not get the service it needed from large corporate providers. We recently caught up with SLW's Superintendent, Melanie McCoy, to get an update.

The community released its RFP [PDF] and received responses from two bidders. McCoy tells us that in Michigan, such a low response rate allows the municipality to deploy its own network, so SLW decided to proceed.

The construction bid for the fiber backbone went to Earthcom, located in Lansing. Air Advantage successfully bid to supply bandwidth and the headend. Calix will provide the customer premise equipment that will offer data and voice services.

Sebewaing's network is 90% aerial and the final estimate is $1-2 million. The network will provide 1 gig capacity with the potential to expand to 10 gigs. Because the utility has its own poles and in-house expertise to handle labor, SLW is able to perform make-ready work themselves, lowering the final cost of the deployment. SLW will use an interdepartmental loan from its electric, water, and wireless utilities to fund the investment. According to McCoy, the RFP responses were both about $1 million higher than the final estimate.

In 2003, SLW began providing wireless Internet access to residents in Sebewaing so staff has experience as a broadband utility. They also installed a small fiber loop in the downtown area to serve businesses and municipal facilities. The old fiber loop will be retired because it has fewer strands and has been maxed out for some time.

The new fiber will replace connections between fifteen public facilities, including wells, public safety, and administration buildings. Each facility currently pays only $15-25 per month to be connected, saving thousands in yearly fees for leased lines from incumbents. Rates will not change, even though the new network will offer higher capacity.

Two more communities have gone on the record as supporting local authority for telecommunications infrastructure investment. Communities in Vidalia and Sebewaing passed resolutions supporting the FCC's efforts to use its authority to discourage, prevent, and remove state barriers.

Vidalia, on the west side of the Mississippi in Louisiana, recently began offering free Wi-Fi in its new sports complex and along its riverfront. According to Mayor Hyram Copeland, the lack of free public access left local leaders feeling behind the times. From a Natchez Democrat article in February:

“I was embarrassed to say, ‘No,’ but now I can say we do,” Copeland said. “But the end result of all this is that we will have moved this community forward.”

Vidalia seeks funding for a fiber network. Apparently, they are ready with a design and have the technical expertise in-house, but lack of funds have held up the project.

Vidalia's Resolution is almost identical to those in Ammon, Moultrie, Westminster, and Chanute.

We reported on Sebewaing, located in Michigan's "thumb," last summer. The community runs its own electric utility and, due to lack of interest from incumbents, decided a FTTH network was a project they needed to pursue. According Melanie McCoy, from Sebewaing Light and Water, the project is proceeding as planned.

The community of Sebewaing, located in the "thumb" of Michigan is moving closer to its own FTTH network, which will be the first new municipal FTTH project in the state.

Because of a state law impinging on local authority in Michigan, local governments must first issue an RFP and can build a telecommunications network themselves if they receive fewer than three qualified bids. If the community builds the network themselves, it probably must adhere to the RFP as if it were a private entity. This approach ignores the fact that a community operates a network with different incentives than a private company, so the two are not interchangeable. 

We wanted to know more about this effort, so we contacted Melanie McCoy, Superintendent of the municipal utility Sebewaing Light and Water. We discovered that the town of 1,700 residents, known for its beet farming, has several factors going for it. 

Communities with their own utilities already in place have personnel, equipment, and expertise which saves money and time. And because they already own the utility poles, they are often able to get started quickly rather than waiting for other firms to do "make-ready," which can take months as wires are shifted on poles. Sebewaing has a municipal fiber loop currently in place - another plus. McCoy tells us the fiber was installed in 2001 and 2002 at a cost of about $50,000.

Private Internet choices were limited to dial-up for about $20 per month or a T1 connection for around $1,000 to $1,500 per month. At the time, Sebewaing Light and Water shared a T1 connection with local businesses.

Residents, business and government needed better connectivity and community leaders also realized the need to boost economic development. Sebewaing Light and Water leadership also wanted to increase efficiency with a SCADA system and considered a telecommunications utility a good investment. And looking toward the future, they knew installation of the fiber would position them favorabley for future investment.