Cooperatives have been doing a lot over the last few months to advance connectivity efforts around the country. That trend is continuing in Virginia, where Prince George Electric Cooperative (PGEC) and Northern Neck Electric Cooperative (NNEC) have announced partnerships with utility provider Dominion Energy to expand broadband access to thousands living and working in rural areas in the state. 

The two projects represent over nearly $32 million in total investment, with money coming from the counties, the electric cooperatives, the investor-owned utility, and the state. 

Innovative Partnerships 

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The first-of-its-kind agreement between PGEC and Dominion Energy was originally announced last February, and aimed at a combined 6,700 residents in Surry County. Dominion will serve as the middle-mile provider, and is already installing fiber as part of upgrades to its grid management. It will lease that fiber to RURALBAND, PGEC’s broadband subsidiary, which will then be responsible for building last-mile connections to homes and businesses and acting as the retail service provider. 2,200 of those receiving Fiber-to-the-Home (FTTH) connections will be existing customers of PGEC, with the other 4,500 customers of Dominion. In total, the project is projected to cost between $16 and $18 million. 

“This partnership brings rural Surry County into the modern communications age, bridging a vital utility gap through reliable high-speed broadband services to residents and businesses, essential to Surry’s social and economic prosperity,” said Surry’s Acting County Administrator Melissa Rollins in a press release.

Granite Staters with poor Internet access in rural areas should soon realize the benefit of HB 1111, which just passed the state legislature and was signed into law by the governor. The measure provides for the establishment of communications districts to pursue Internet infrastructure projects in New Hampshire. In addition, the law makes it easier for municipalities to determine which areas under their purview are unserved in order to target broadband expansion efforts and expand access to all. 

Removing Barriers, Providing New Tools 

Two years ago SB 170 passed the legislature, allowing communities in the state to bond to develop publicly owned Internet infrastructure for the first time. The bill, however, made such moves contingent upon proving that the proposed areas were “unserved” by a connection of 25/3 megabits per second (Mbps). To do so local governments were required to issue an RFI to the existing Internet Service Provider (ISP). At the time we anticipated trouble with existing providers who had a history of claiming service to large areas when the reality was that many were unserved, and it turns out that worry was well-founded: communities reported that ISPs were ignoring requests for information, making it difficult for them to make progress. 

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HB 1111 changes that. If an RFI to a provider goes unanswered for 60 days, it is assumed the latter is unable to deliver broadband. Municipalities can then come together and form communications districts which have the authority to use general obligation bonds to fund an overbuild of the area and seek out public-private partnerships to provide new service.

A bill close to being passed by the Louisiana State Legislature would allow electric cooperatives to expand Internet access but only in parts of the state without broadband currently. This limitation in the bill, SB 406, will keep Internet choice out of reach for many rural Lousianans and could even hamstring co-ops’ efforts to expand broadband to unserved areas.

“The language would restrict us from competing with others in the broadband market but would not stop them from cherry picking (customers) from cooperatives who choose to get in the broadband market,” Jeff Arnold, CEO of the Association of Louisiana Electric Cooperatives, explained to the Advocate.

As introduced, SB 406 explicitly authorized the state’s electric cooperatives to deploy broadband networks to connect their members using their existing electrical systems and easements. But, Senate amendments added to the bill later narrowed electric co-ops’ authority only to unserved areas, which include less than 13 percent of the state’s residents, according to the Federal Communications Commission (FCC). The Louisiana Senate voted unanimously in favor of the bill last week, and it’s currently in the House of Representatives awaiting a final reading and vote.

Louisiana Lawmakers Restrict Co-op Connectivity

While Louisiana state law does not prohibit electric cooperatives from offering Internet access, it is not expressly authorized, and one co-op that attempted to enter the business was held up by the state’s Public Service Commission, reported the Advocate. To fix that, SB 406 would specifically allow electric co-ops and their partners to provide broadband access and would permit them to use existing electrical easements and infrastructure to expand service.

In response to the increased reliance on connectivity precipitated by the Covid-19 pandemic, the Minnesota Legislature is working on legislation to improve access to broadband, online education, and telehealth services throughout the state.

The Senate passed their version of the bipartisan funding bill, SF 4494, earlier this week, and the House has two similar pieces of legislation, HF 1507 and HF 3029, currently under consideration. If the bills are passed and signed into law, there would be a total of $20 million to $27 million (depending on how the different versions are reconciled) available in grants to support distance learning, telemedicine programs, and broadband deployment. Bill authors designed the legislation to prioritize the use of federal money for the grant programs before pulling from the state’s general fund.

Broadband Bills in House and Senate

The Minnesota Senate passed its version of the legislation, SF 4494, on May 4 in a unanimous vote. Representatives in the House have rolled the grant programs into a larger coronavirus relief package that is under consideration, HF 1507. This is in addition to keeping a separate House bill with the broadband funding provisions, HF 3029, alive in case HF 1507 fails to pass.

In September 2019, we interviewed Kathryn DeWit from the Broadband Initiative at the Pew Charitable Trusts about their State Broadband Policy Explorer. The tool documents state laws aimed at expanding broadband access. Now, the group has released a reported titled, How States Are Expanding Broadband Access, that examines developments in nine states where broadband availability has improved after implementing state efforts. The report dives into what those states are doing that works and makes recommendations to emulate those policies and repeat that positive trajectory.

Read the full report here.

All Hands on Deck

One of the primary discoveries from the report is that states are using many technologies and funding approaches to bring high-quality Internet access to those who have been left behind. Like other projects that involved multiple stakeholders and public funding, Pew learned that building broadband support and requiring accountability are factors that contribute to success.

Pew examined efforts in California, Colorado, Maine, North Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. They also looked at Minnesota, where the Border to Border Development Grant Broadband Program provides funding for projects in areas where connectivity is slow and unreliable or where people have no service options at all. In Minnesota, notes the report, the state has established measurable and increasing speed goals and allows funding to flow to a broad range of recipients, including local governments, rural cooperatives, tribal governments, and large corporate Internet access providers.

As state lawmakers debate in committee rooms and Capitol chambers around the country, various broadband and Internet network infrastructure bills are appearing on agendas. Some are good news for local communities interested in developing publicly owned networks while other preemption bills make projects more difficult to plan, fund, and execute. We've gathered together some notable bills from several states that merit watching - good, bad, and possibly both.

New Hampshire

For years, local communities were not allowed to bond to develop publicly owned broadband infrastructure in New Hampshire. Last year, the state adopted SB 170, which opened the door a crack so that municipalities can bond to develop infrastructure for public-private partnerships (PPPs) in "unserved" areas. This year, the New Hampshire General Court has the opportunity to push open the door a bit wider with SB 459.

SB 459 allows local communities to potentially define "unserved" areas themselves by putting more responsibility on Internet access providers. Municipalities must currently engage in a request for information process in which they must reach out to all Internet service providers operating in the community. SB 459, if adopted, would allow a community to consider areas "unserved" if a provider does not respond to such a request to clarify which premises are unserved. With the "unserved" designation, municipalities can bond to develop infrastructure to serve those premises.

The bill has bipartisan support and is scheduled for a March 11th hearing in the Senate Election Law and Municipal Affairs Committee. Read the text of SB 459 here [PDF] and follow its progress here.

Pennsylvania