Snapshot

A California ballot initiative would empower voters to build their own Internet access solutions.

The Oklahoma House sends seven broadband bills to Senate.

New York and North Carolina initiate statewide digital inclusion programs.

Virginia is second state to pass comprehensive privacy legislation. 

See the bottom of this post for some broadband-related job openings. 

The State Scene 

California Legislation Could Lead To Massive Investments in Public Broadband

As lawmakers in the Golden State look to rectify a reputation of having one of the highest student populations without Internet connectivity, bills aiming to expand access to 98 percent of California households by increasing investments in public broadband infrastructure were launched early in California’s legislative session.

Though there are several other bills pertaining to broadband that have been introduced in Sacramento, we focus on these four because, if passed, they would have the biggest impact on municipal networks.

S.B. 4, sponsored by State Sen. Lena Gonzalez, D-33, would create a new state-backed bond program, enabling local governments to finance more than $1 billion in public infrastructure projects through bond issuances. The low-interest debt for the projects could be repaid over multiple decades. 

DVFiber, a Communications Union District in southern Vermont representing 20 towns looking to build a Fiber-to-the-Premises (FTTP) network to more than 10,000 unserved and underserved households in the region, has issued a Request for Proposals (RFP) in search of private sector groups interested in a public-private partnership agreement. 

The CUD envisions completing all connections by 2024 in two or three phases, with major progress made in the first year. The RFP provides detailed information on member towns for respondents, identifies possible funding identified by its Governing Board, and sets expectations for the resulting network. It sets a deadline for responses of March 26th, 2021.

“We are laser-focused on securing affordable, equitable high-speed Internet in our communities,” DVFiber Chair Ann Manwaring said in October of 2020. “The COVID pandemic has clarified this vital need, for education, for healthcare, for business. We are grateful for the support we have earned to date.”

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A new report out by CTC Technology and Energy and Rural Innovation Strategies, commissioned by the state of Vermont, gives us one of the clearest and most detailed pictures so far of the impact of the Covid 19 pandemic on our attempts to live and work remotely. 

The “Covid-19 Responses Telecommunications Recovery Plan” [pdf], presented to the state in December 2020, includes both a comprehensive survey of conditions after a half-year of social distancing and intermittent lockdowns as well as recommendations for addressing immediate needs. But it offers solutions that provide a path forward by making sure that dollars spent now are in service to the state’s long-term goals of getting everyone in the Green Mountain State on fast, affordable wireline broadband service at speeds of at least 100/100 Megabits per second (Mbps). 

The report brings together network performance assessments from every level of government across the state over the last six months, pairs it with survey responses from citizens, libraries, hospitals, businesses, regional development corporations, and Communications Union Districts (CUDs), and offers analysis based on conditions for moving forward.

“Covid-19 has laid bare the challenges of lack of universal broadband in Vermont,” the report says, with “inequities in the availability and affordability of broadband create further inequities in areas such as education, telehealth, and the ability to work from home.” It offers a wealth of findings:

As Vermont’s nascent Communication Union Districts (CUD) push to bring universal, truly high-speed Internet connectivity to the more rural parts of the Green Mountain State, CUD leaders are calling for changes in how federal funds get funneled to local municipalities, and for a change in how the federal government defines “high-speed” access.

Enabled by a 2015 Vermont law that allows two or more towns to join together as a municipal entity to build communication infrastructure, these local governmental bodies were formed to help the state reach its goal of having universal access to broadband by 2024. The idea is for CUD’s to operate like a water, sewer, or school district as a way for local communities to build their own broadband infrastructure. Establishing a CUD also puts rural regions of Vermont in a position to borrow money on the municipal bond market and eases access to grants and loans to fund broadband projects.

The formation of Communication Union Districts across the state began to pick up steam in the months following Gov. Phil Scott’s signing of H.513 in June of 2019. That legislation, which set aside $1.5 million to support broadband projects, increased funding to help provide Internet service in unserved or underserved parts of the state. It also created a new Broadband Expansion Loan Program within the Vermont Economic Development Authority (VEDA) to assist start-up broadband providers in developing community-based solutions.

Funding Gaps

In a Zoom call last month with U.S. Rep Peter Welch, D-Vt., leaders from the state’s nine CUD’s met virtually with Welch to update the congressman on the status of their efforts and what they see as crucial to succeed in fulfilling their mission without burdening taxpayers.

Last June's scaled-down Vermont’s Emergency Broadband Action Plan, intended as a fast-moving effort to connect residents in the Green Mountain State in the era of COVID, has seen its first two rounds disbursed since August. The Get Vermonters Connected Now Initiative has granted Internet Service Providers (ISPs) across the state a little under $8 million of its available $17 million budget to fund projects which will reach almost 7,500 locations by the end of the year. Of these, more than 3,000 did not have 4/1 Megabit per second (Mbps) service.

Round 1 Winners

The program is run by the Public Service Commission, which does not stipulate any match requirements and establishes 25/3 Mbps as the minimum speed for new services (though it does encourage grantees to aim for 100 Mbps symmetrical connections “where possible”). Community-owned networks are included in the list of winners.

The first round, announced at the end of August, totaled $3,926,650 to serve over 5,800 locations. Of them, the Commission notes, 2,200 lack a connection of 4/1 Megabits per second (Mbps), and 465 premises identified a specific telehealth, telework, or distance learning need related to the ongoing public health crisis. The full list of winners are:

• $351,520 to Mansfield Community Fiber to extend fiber broadband to 676 locations and offset the customer costs for 10 locations
• $171,770 to the NEW Alliance (Cloud Alliance and New England Wireless) to serve wireless broadband to 632 locations
• $1,964,230 to VTel to serve wireless broadband to 3,992 location
• $56,607 to Duncan Cable to extend fiber broadband to 35 locations
• $152,500 to Comcast to extend cable broadband to 77 locations
• $1,117,570 to ECFiber to extend fiber broadband to 394 locations
• $112,453 to Waitsfield & Champlain Valley Telecom to extend fiber broadband to 26 locations

Round 2 Winners

Update (6/18/20)

In response to the $1.25 billion Vermont received from the federal Coronavirus Relief Fund, lawmakers immediately began discussing using $100 million of it to bridge the state's digital divide, with fully $45 million going to construction of new fiber networks across the Green Mountain State. But they were quickly stopped short by restrictions set on the monies, which stipulated the strict terms by which the funds were to be used. In the end, the state won't be seeing any construction from these funds. Instead a smaller amount — $43 million — will be directed at immediate relief efforts rather than long-term planning:

• "$13 million in proposed spending to connect Vermonters to broadband internet services. The bulk of that, $11 million, would create a program to be managed by the public service department called Get Vermonters Connected Now [to] provide subsidies to low-income Vermonters who can't afford to use broadband networks already available in their neighborhoods."
• "$20 million to compensate utilities . . . for the cost of continuing to serve people who stopped paying bills due to COVID-19."
• "$7.3 million for the Agency of Digital Services to make it more secure for state employees to work remotely and to upgrade the obsolete unemployment insurance computer system."
• "$500,000 for a "telecommunications recovery plan."
• "$466,500 for local cable access organizations in recognition of the additional coverage they've taken on during the pandemic."

It's possible that federal regulations could change, but in the meantime Vermonters will have to look inward to solve its connectivity challenges.

Original Story

In March, we reported on the formation of Deerfield Valley Communications Union District in Vermont.

That same month, communities in different parts of the state also formed two other communications union districts (CUDs) to improve their local connectivity. Voters in dozens of towns approved the formation of Northeast Kingdom CUD and Southern Vermont CUD during Vermont’s Town Meeting Day on March 3. The two new CUDs are currently undertaking feasibility studies and hope to take advantage of federal and state funding — including through Vermont’s new — to deploy Fiber-to-the-Home networks to all region residents and businesses.

Developing Districts

Northeast Kingdom CUD is currently made up of 27 towns in the counties of Caledonia, Essex, and Orleans. The group’s FAQ explains that the district’s goal is to “bring a reliable and affordable, high-speed Internet option (at least 100 mbps symmetrical) to every residential and business e911 address in the Northeast Kingdom. According to VTDigger, the participating communities are in some of the most underserved counties in Vermont.

On the other end of the state, the Southern Vermont CUD is comprised of 12 member towns, all in Bennington County. The fact that all of the towns voted to join the CUD doesn’t surprise local officials, who are familiar with residents’ desire for better connectivity. “I had heard next to no negative comments about the CUD, and mostly people who are really anxious to see their internet situation improve," Tim Scoggins, Southern Vermont CUD Governing Board Chair and Shaftsbury Selectboard Chair, told the Bennington Banner.

Many Vermont communities are looking to ECFiber and Central Vermont Internet as models for the creation of communications union districts (CUD) to develop regional fiber networks. By combining several towns’ efforts, CUDs bring high-quality Internet service to underserved residents and local businesses.

On March 3rd, four towns from Windham County in the southeastern corner of Vermont voted to create a CUD. The new Deerfield Valley CUD will join the small towns of Marlboro, Halifax, Whitingham, and Wilmington. All four communities are located in mountainous areas where infrastructure development is often challenging and costly. The towns’ joint venture will help finance broadband deployment in the region.

Slow Speeds, High Costs

The towns have been operating on slow DSL connectivity, which is insufficient for things like telehealth services, online education, and local economic development. According to state data from 2018, about 27 percent of all locations in Windham County do not have access to broadband.

Clay Purvis, director of telecommunications at the Vermont Department of Public Service, described how connectivity is an issue in the state because of the high price to deploy the infrastructure:

Our geography is really challenging in Vermont — we are dispersed, we have small towns, we have farming communities — so the distance between service locations is far, so the cost of deploying broadband is more expensive per location . . . Hills are the enemy of wireless technology and it requires a lot more towers, for instance, to bring cell coverage to the same number of people.

More power to small towns

When Vermont passed legislation to establish "communications union districts" in 2015, funding options expanded for regional community network ECFiber. Since then, other states trying to expand access to broadband in rural areas have looked at the success of ECFiber as a possible model. Now, New Hampshire is considering establishing a similar option as a way for local communities to improve local connectivity.

Waiting for Session

Democratic State Senator Jeanne Dietsch from Peterborough has drafted legislation she intends to introduce in the 2020 session. The bill will allow communities to establish "communications districts" to develop broadband infrastructure, similar to the way they band together in order to create sewer districts for necessary infrastructure. The entities are able to finance projects by applying for grants, loans, issuing bonds, and charging user fees, but are not able to tax.

In a recent GovTech article, Dietsch said:

“We modeled it on New Hampshire sewer districts just because that is language that’s already familiar to our legislators, and it’ll be much easier for them to pass it that way than to try to make it look like Vermont.”

The lawmaker was reflecting on difficulties the legislature had passing Senate Bill 103, which allows municipalities to work together for "multi-town bonding projects." Special interest lobbyists, whose job it is to maintain ISP monopolies, leveled their efforts at the bill when it appeared fearing the competition it might bring. Dietsch wants to avoid a similar fight with the communications district proposal, so has carefully crafted the language of the bill.

If passed, the new authority will allow cities to develop the infrastructure in order to work with private sector partners. ECFiber offers fast, affordable, reliable Internet access directly to the public, rather than providing fiber optic infrastructure for Internet access companies to use.

ECFiber

The Brattleboro Reformer reports that the town of Brattleboro (pop. 12,100), located in southwest Vermont, has decided to investigate the possibility of developing a regional or municipal project to improve Internet access for residents and businesses.

Examining New England

According to the Reformer:

For more than a year, [Assistant Town Manager Patrick] Moreland has been looking at different projects in New England. His work had been sparked at an earlier board meeting after a resident described benefits of a municipally owned internet service including higher speeds and lower costs while also keeping a net-neutral environment.

Moreland and community leaders have researched publicly owned networks in Leverett, Massachusetts; Concord, Massachusetts; and the regional network EC Fiber in Vermont.

During a Select Board meeting in early October, Moreland presented research and potential options to his fellow board members. Board member David Schoales expressed keen interest in pursuing the issue further, describing fiber optic connectivity as “a basic utility.”

"Fiber optics has created a technology revolution and we are not being allowed to participate," he said. "We're locked into copper cables, which are like a 2-inch pipe compared to the 15-mile-wide river that fiber represents. It's a miraculous technology that means unlimited, real-time communications, no interruptions, at a much lower cost. It enables new applications, new ways of making a living, innovation, economic development, equity of opportunity, new ways of accessing health services and educational opportunities and much more that we can't yet imagine."

He encouraged the board to move forward on a feasibility study. After further discussion, members of the board decided to carry the discussion further.