Current lawmakers in the Vermont House have rapidly advanced H 513, a bill that addresses both policy and funding hurdles in an attempt to expand broadband throughout the state. After a vote of 139 - 2, the bill went on to the Senate on March 26th.

Looking at Local Models

H 513 recognizes that more than a quarter of the state’s premises don’t have access to broadband speeds as defined by the FCC, 25 Megabits per second (Mbps) download and 3 Mbps upload. The state’s Department of Public Service, which assembled the data, also determines that almost a fifth of premises can’t obtain speeds of 10 Mbps / 1 Mbps. With so many rural communities hurting for access to fast, affordable, reliable connectivity, state lawmakers are anxious to find tools to expand broadband across Vermont.

Legislators note in the language of H 513 that they believe the FCC’s “light-touch” approach toward expansion of broadband:

“…does little, if anything, to overcome the financial challenges of bringing broadband service to hard-to-reach locations with low population density. However, it may result in degraded broadband quality of service.”


H 513 goes on to acknowledge that grassroots approaches that use local knowledge and support will be the most successful in Vermont.

Lawmakers and their staff have lauded ECFiber as one model that works in a place like Vermont, where many smaller communities can pool their resources and work together to develop a regional network. As the Communications Union District has developed over the years and dealt with funding challenges head-on, it has become apparent that access to capital is one of the most difficult hurdles to overcome.

Funding for Innovation

In order to help local projects, H 513 will establish the Broadband Innovation Grant Program within the Department of Public Service (DPS) and the Broadband Expansion Loan Program within the Vermont Economic Development Authority (VEDA). 

Burlington Telecom (BT), the Fiber-to-the-Home (FTTH) ISP in Burlington, Vermont, has been celebrating two pieces of recent good news. The ISP received praise from customers in a BT survey, and became the first fiber provider in its region to be “fiber certified.”

BT has had some bumps in the road as it transitions from a municipally run ISP to a private sector one. The change didn’t stop the telecom, however, from continuing to receive good feedback from the annual customer survey. Overall, 90 percent of BT customers said they were at least “satisfied” with their service, and 70 percent of those said they were “very satisfied.” BT also saw a 5 percentage point increase in customer satisfaction with the quality of customer service, to 77 percent.

The accolades don’t stop there. Fiber Broadband Association (FBA) awards All-Fiber Certifications to those networks providing at least 90 percent fiber optic connectivity to subscribing residences. BT boasts 100 percent fiber, making it the first ISP in New England to receive the FBA certification. The All-Fiber certification not only recognizes majority-fiber networks, but also high level strategy in deployment of that fiber, and a commitment of the networks to bring the highest quality connectivity to its customers.

The Future of the Promising Network

Burlington Telecom began as a municipally-run network. However, due to mismanagement of funds on the part of the city, BT had to reach a deal with investors to settle a debt issue, contingent upon the city selling the telecom to a private entity. Back when the financial mismanagement came to light and the future of the municipal telecom first got on shaky ground, Community Networks wrote a case study of the rise and fall of Burlington Telecom.

Vermont was one of the first states to take decisive action to try to curb the harmful consequences from the repeal of network neutrality. It’s only fitting that Senator Bernie Sanders recently released a video on network neutrality featuring one of the country’s experts on connectivity — our own Christopher Mitchell.

The video details how the FCC’s decision to eliminate federal network neutrality protections will harm rural America. Christopher describes the lack of competition as it exists today and how services and prices will change to the detriment of subscribers if we move forward without network neutrality in place. 

“We can’t expect competition in rural areas, [they] are, in many cases, only going to have one high-quality network provider,” says Mitchell. “Losing net neutrality means that the cable and telephone companies are going to be able to set up toll booths and charge more money on the networks they’ve already created.”

Check out the video and share it widely:

Trying to Fix The Mistake

When FCC Chairman Ajit Pai and the other Republican Commissioners voted to repeal network neutrality last December, advocates mobilized. The decision put more than 170 million Americans at risk of losing market protections. By using the Congressional Review Act (CRA), Democrats in Congress hope to reverse the Commission’s decision. The repeal formally goes into effect on June 11th.

We recently learned that a group of communities in central Vermont had decided to ask voters if they should form a communications union district to develop a regional fiber optic network. On March 6th, twelve of thirteen communities who took up the proposal at Town Meeting passed it, and the thirteenth will address the subject in May.

Clearly A Demand

We reached out to Jeremy Hansen, a Board Member in Berlin and the person who’s spearheading the effort to improve connectivity in the region. He told us:

I'm humbled and encouraged by the outpouring of support for this effort here in Central Vermont. There is clearly a demand for an Internet Service Provider that we, as a community, are about to start building. Two more towns outside of those that had it on their Town Meeting agenda (Elmore and Moretown) discussed CVI today, too, and they both look poised to apply to join us once we have our first board meeting.

Communities that passed the measure are Barre City, Berlin, Calais, East Montpelier, Marshfield, Middlesex, Montpelier, Northfield, Plainfield, Roxbury, Williamstown, and Worcester. In Berlin, East Montpelier, Middlesex, and Worcester the community took up the question with a floor vote and it passed unanimously. The town of Barre will bring up the question at its Town Meeting in May.

Looking East For Inspiration

As an elected official, Hansen has heard many complaints from constituents about poor Internet access and inadequate customer service from ISPs in his town of Berlin. As he's researched the problem, he's found that other communities in the region have faced the same problems. 

When looking for solutions, Hansen learned about ECFiber, which serves 24 member towns to the east. The publicly owned fiber optic network is organized as a communications union district, a relatively new designation in Vermont that is similar to water or sewer districts. ECFiber is publicly owned infrastructure developed by multiple communities, which allows them to issue revenue bonds to fund a telecommunications project.

Thirteen communities in central Vermont will ask residents if they want to authorize a communications union district, the first step toward a regional publicly owned Fiber-to-the-Home (FTTH) network.

Which Towns Will Participate?

On March 6th, towns in Vermont will participate in Town Meeting Day 2018 when they’ll gather and decide a range of issues such as how to spend town funds, which policies to implement, and other choices that effect the entire community. For the past year, Berlin board member and computer science professor Jeremy Hansen has approached town officials from nearby communities to discuss the possibility of developing a regional network.

As an elected official, his constituents have made him aware of poor Internet access in central Vermont. Currently, much of the area relies on DSL from Fairpoint with maximum speeds of 10 Megabits per second (Mbps) download and 1 Mbps upload, a far cry from the 25/3 FCC standard that defines broadband. There are also residents in the area that still use dial-up Internet access.

Local Jerry Diamantides, who works remotely for a company located in Virginia told Vermont Public Radio:

"It is DSL," Diamantides explains. "The ‘S’ certainly stands for slow. The ‘L’ must stand for low. And we’ll let the ‘D’ stand on its own, I guess. But, it’s barely sufficient for what I need."

Inspired By ECFiber

Hansen wants to improve connectivity in the region by establishing a communications union district, which is the model EC Fiber uses. The designation is much like a sewer or water utility, but focuses on delivering Internet access. EC Fiber began with a different model that relied on private investment, but when the state established the communications utility district designation, it was then able to seek financing from a range of other sources. That funding was critical to allow the network to expand, serve more subscribers, and continue to grow.

Maple syrup, the Green Mountains, and network neutrality. On February 15th, Vermont Governor Phil Scott signed Executive Order No. 2-18, the Internet Neutrality in State Procurement, following closely the actions of four other Governors over the past few weeks. You can read the E.O. here.

States Take A Stand 

Like similar actions in Montana, New York, Hawaii, and New Jersey, Vermont’s executive order applies to contracts between ISPs and state agencies. The order directs the state Agency of Administration to change its procedures so that any ISP it contracts with doesn't throttle, engage in paid prioritization, or block content. The Agency of Administration has until April 1st to make the changes to Vermont’s procedures. 

If a state agency cannot obtain services from an ISP that agrees to comport with network neutrality policy, the state agency can apply for a waiver. The E.O. is silent as to what would allow a waiver; presumably the Agency of Administration would need to establish criteria.

Action In The State Chambers

In early February, the State Senate passed S.289 with only 5 nays and 23 yeas. The executive order Scott recently signed reflected the intention behind the language of S.289 regarding state contracts. When Sen. Virginia Lyons introduced the bill, she described it as a necessary tool to ensure transparency in government. “We don’t want to see information held back or slowed down or deviated in any way when it relates to our state or local government,” Lyons said.

Last week, Burlington’s City Council finally chose a buyer for Burlington Telecom (BT), their municipal network that began serving residents and businesses in the early 2000s. City Councilors and representatives from Schurz Communications and ZRF Partners hashed out the details of an agreement at the eleventh hour. The Letter of Intent (LOI) was released on December 6th; the public can now analyze the deal their elected officials chose for them.

Night Work

On December 1st, editors at the Burlington Free Press published a piece highly critical of the process that occurred in the late night and early morning hours of November 27th and 28th. They wrote:

Burlington residents have every right to wonder what happened to the promise of an open and public process for picking a buyer for Burlington Telecom.

Many city residents woke up Wednesday morning to find that their elected representatives had chosen Schurz Communications as their preferred buyer for Burlington Telecom based on a bid significantly revised just hours before the vote.

Editors went on to state that the City Council had “negated the months-long public process for the sale” of BT by allowing Schurz and ZRF to alter their bid and accepting it without giving the community time to review it or weigh in. After so much time and effort invested in a process that was intended to be transparent and include the entire community, Burlington leaders seem to have dropped the ball at the five-yard line.

The Letter Of Intent