Last November, we reported on a change to the tax code that is deterring rural telephone and electric cooperatives from leveraging government funding to expand broadband access. We were alerted to the issue by the office of Senator Tina Smith (D-MN), who sent a letter to Treasury Secretary Steven Mnuchin and IRS Commissioner Charles Rettig requesting that they remedy the issue and announcing her intention to introduce corrective legislation.

Federal elected officials have introduced such a measure, called the Revitalizing Underdeveloped Rural Areas and Lands (RURAL) Act. Senator Smith together with Senator Rob Portman (R-OH) introduced the Senate version of the bill, S. 1032, in early April, followed by Representatives Terri Sewell (D-AL) and Adrian Smith (R-NE), who introduced a companion bill, H.R. 2147, in the House a few days later. The RURAL Act would ensure that co-ops, which are many rural communities’ only hope for better connectivity, could take full advantage of federal and state funding for broadband networks.

Addressing Legal Ambiguity

Last August, Pineland Telephone and Jefferson Energy Cooperatives in Georgia began developing a project together to bring fiber connectivity to businesses in the small towns of Louisville (pop. 2,200) and Wrens (pop. 2,000). This February, the partners finished construction and celebrated with a ribbon cutting ceremony. The event marked marked another instance in which cooperatives are working together to improve connectivity in rural areas.

The project began in Louisville last summer when the cooperatives realized they could team up to reduce costs and improve Internet access for businesses in Jefferson County. In a July 2018 press release, Pineland Telephone commented:

“Rural America lacking the broadband service needed to compete globally is on everyone’s radar, with Georgia and national legislation being considered so that improvements can be developed. Instead of waiting on funding and policies that may not come, cooperatives working together determined a way to make advancements in the communities in which they serve.”

Pineland’s Dustin Durden told the Augusta Chronicle that both cooperatives deployed fiber simultaneously. Jefferson Energy worked on construction between Bartow and the Louisville area, which were then connected to Wrens, while Pineland began with fiber within the town of Louisville and then worked within Wrens. Working together, they were able to finish the project in about 18 months.

As Durden explains in this Facebook video, Pineland, Jefferson, and the city of Louisville are using the infrastructure to make free Wi-Fi available in the community’s downtown park:

Fiber for Electric Efficiencies and Expansion

Jefferson Energy sees several uses for the new infrastructure:

Great Lakes Energy (GLE) is considering expanding their Truestream fiber Internet access and voice service to more rural areas in the northwestern region of Michigan’s lower peninsula. In a recent news release, the electric cooperative announced that they began sending engineers to their Boyne service area to collect necessary information for analysis as they explore possible deployment in the area.

Growing One of the Largest

Last summer, we reported on the co-op's pilot project in the Petosky service area and their long-term plans to bring gigabit Fiber-to-the-Home (FTTH) connectivity to their 125,000 members. The cooperative decided to begin with residential service and potentially expand to business subscriber offerings in the future.

Subscribers from the pilot area have reported positive feedback. Brian Bates, who is also the owner of Bear Creek Organic Farm in Petosky, posted speed test results on the Truestream FB page and commented:

“Truestream is more than 400 times faster than speeds we were able to get with our previous Internet provider. And for 75% less money with no contract and unlimited everything!”

By January, approximately 9,000 potential subscribers had registered interest via the Truestream website.

Better Broadband Coming to Boyne

Boyne City is located directly south of the city of Petosky and the GLE Boyne service area includes parts of five counties in the surrounding region. GLE will conduct a second field study this fall if results of the first study are favorable.

“If the findings are positive,” said [Lacey Matthews of GLE Communications and Communications], “Great Lakes Energy may budget for expansion of the fiber network in 2020, pending approval by the Great Lakes Energy Board of Directors in late 2019.”

Plans for Holston Electric Cooperative to offer television service as part of its Fiber-to-the-Home (FTTH) network deployment are on pause following allegations from the east Tennessee co-op that broadcasting company Nexstar Media Group refused to engage in “good faith” negotiations over retransmission consent agreements.

Holston Electric Cooperative established its broadband subsidiary, HolstonConnect, in late 2017 after a state law change removed restrictions on rural electric co-ops. Currently, HolstonConnect is in phase one of its FTTH project, which will bring high-quality Internet access to underserved communities in Rogersville, Surgoinsville, and nearby areas. Subsequent deployments will connect the remainder of the cooperative’s service territory, partially aided by federal funding from last year’s Connect America Fund phase II reverse auction.

From the start, the co-op planned to offer a “triple play” of broadband, voice, and video services. However, failure to come to an agreement with Nexstar, one of the nation’s largest station operators, over access to essential local channels has delayed the delivery of television services to HolstonConnect subscribers. In early March, Holston filed a complaint against Nexstar with the Federal Communications Commission (FCC), arguing that the broadcasting company demanded exorbitant fees and unfair station tying arrangements during negotiations with the co-op.

“Failure to Negotiate in Good Faith”

To carry popular television programming, networks must sign cable retransmission consent agreements with regional station operators. The FCC requires that these companies behave in “good faith” and make tangible efforts to engage in negotiations.

Two pieces of recently introduced legislation in North Carolina’s General Assembly show a potential to help grow broadband in rural areas. In the past, state lawmakers have kept publicly owned Internet networks tightly reined in to protect cable and telephone monopolies operating in the state, but the restrictions may be loosening as state leaders recognize the need for more options.

The FIBER NC Act

The long list and leadership positions of sponsors attached to H 431 indicate that the FIBER NC Act shows promise. It’s four primary sponsors include the Rules Committee Chair and a Finance Committee Chair, which also bodes well for the future of H 431. Our friends at the North Carolina League of Municipalities (NCLM) tell us that they expect a similar companion bill with equal muscle behind it to come from the Senate.

The FIBER Act would change existing barriers to allow municipalities and local government the authority to invest in publicly owned broadband infrastructure in order to work with private sector partners. The bill also includes procedures that local governments must follow if they decide to pursue a public-private partnership, including conducting a feasibility study, and proper notification and execution of meetings. Within the language of H 431, the authors include specific instructions for publication and advertisement that describe the opportunity to lease the infrastructure.

Bipartisan support of the bill and the fact that almost 50 House Members, in addition to the four sponsors, have signed on add to the optimism that H 431 has a bright future. Folks at NCLM have expressed strong support for the bill and are galvanizing constituents to encourage elected officials to move H 431 forward. 

It’s first stop is the Committee on Energy and Public Utilities. If it passes there, H 431 will move on to Finance and then to the Rules Committee.

Read the full language of H 431 and follow it’s progress.

Untying Cooperative Hands

Volunteer Energy Cooperative (VEC) and Twin Lakes Telephone Cooperative began collaborating in the fall of 2017 to bring high-quality connectivity to folks in Bradley County, Tennessee. Based on the results of a successful pilot project, the cooperatives have expanded gigabit connectivity to more areas. With a recent grant award, the partners will continue to offer the service to more rural Tennessee residents and businesses.

Catching Up on the News

When we last reported on VEC and Twin Lakes, they had announced that they would be launching the pilot in Bradley County. Residents and businesses in Bradley County have long felt slighted by the state’s restrictive laws that prevent Chattanooga’s EPB Fiber from expanding into their county. Over the years, Bradley County and Chattanooga officials have searched for ways to serve Bradley County, but the state’s insistence on protecting large incumbent monopolies by preventing expansion have left Bradley County folks without fast, affordable, reliable connectivity.

VEC and Twin Lakes commenced the pilot in the Camelot subdivision of the Bigsby Creek Road area of Bradley County. In a February 2018 blog post describing the first customer’s experience, subscriber Mrs. Charles Hollifield said, “We had no problem with the installers. They were on time and friendly. We chose the 25 Mbps because we do not download much but it works well. We haven’t had it quit once since we got it.” 

Since then, the initial pilot area passed 120 homes in the first pilot area. Later in the summer of 2018, VEC passed 545 more residences in two additional communities. Last fall, VEC received $1 million from the Appalachian Regional Commission (ARC) to apply toward expanding fiber to approximately 730 premises in in Meigs and Hamilton Counties.

State Assists With Deployment

Senator Janice Bowling has become a broadband hero in rural Tennessee and on the pages of MuniNetworks.org. Year after year, she introduces legislation aimed at expanding local authority to allow communities the ability to improve connectivity. She’s back this year with several bills aimed at expanding fiber in rural areas. 

Seeking Better Connectivity…That’s All

Like Bowling’s past legislation, related bills SB 489, SB 490, and SB 494 grant municipal electric utilities the authority “to provide telecommunications service, including broadband service” and specifies that they can do so beyond their electric service area. This change in the current law would allow places like her own community of Tullahoma to expand to serve neighboring towns. There is no fiscal impact from the Senator’s bills.

Bowling has seen firsthand how access to fiber optic infrastructure, such as Tullahoma’s LightTUBe, lifts economic development, improves educational opportunities, and helps a local community reduce costs. The city has thrived since investing in the network in 2009, while many of the communities that have had to rely on subpar service from the larger incumbents have limped along. 

SB 489 also extends authority for municipalities to collaboration for telecommunications and broadband service, to ease any uncertainty about public-private partnerships.

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.

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