Municipal broadband networks have struggled to get a foothold in Washington state given the historical restrictions that have been put on local governmental entities, barring them from offering retail broadband service. But, as state lawmakers lifted those restrictions earlier this year, several PUDs are well-positioned to seize the moment, building on the momentum generated by a collaborative effort led by a publicly owned corporation known as Petrichor. 

Created in 2018, Petrichor is committed to serving tribes, cities, counties, and ports and is now working with 30 of the 47 counties in the Evergreen State, as well as a number of communities in the neighboring state of Idaho. It’s primary purpose is to share its expertise and help communities apply for state and federal grant money to deploy broadband infrastructure.

Working in collaboration with Cowlitz County (pop.110,600), Petrichor and the county recently co-published a report identifying the region of the state north of Longview, south of Castle Rock and west of West Side Highway as areas in desperate need of expanded high-speed Internet access.  

Connecting Cowlitz County

Just north of Portland, nestled along the Columbia River, the economy of Cowlitz County has historically relied on logging and mining. But, after the Great Recession health care and the social assistance industry became the primary source of employment in the region. And with the change from industries requiring manual labor to technologically-driven industries, a need for fast, reliable Internet access has become paramount. 

With the pandemic-induced rise in remote work, distance learning, e-commerce, and telehealth, a new report published by the Urban Land Institute (ULI), sheds light on how the demand for high-speed Internet connectivity has “helped shift the real estate industry itself from thinking just in terms of physical space to also considering how to engage within a virtual environment.”

The ULI report, Broadband and Real Estate: Understanding the Opportunity, identifies the challenges and opportunities in addressing the digital divide and how real estate professionals and land-use planners can play a central role in designing and deploying broadband networks to meet the growing connectivity needs of communities everywhere.

The report explores four instances when community planners placed technology at the forefront of their development projects and details the positive impact it had on the projects -- from a neighborhood in Washington that designed its fiber-to-the-home network with an emphasis on sustainable development and energy efficiency, to a business and tech hub in Northern Virginia, whose owner purchased seven blocks of CBRS spectrum in 2020 to accelerate the deployment of 5G in the area, establishing it as a center for innovation.

Broadband and Real Estate [pdf] also provides guidance on how real estate planners and professionals can be pivotal in creating more equitable and competitive Internet access ecosystems. For example, the report recommends owners of multifamily properties, or MDUs, install carrier neutral wiring sets to each unit, so MDU residents always have a choice among broadband service providers. The report states owners of MDUs should own all of the Internet infrastructure in their building themselves, so it is independent and the property can not be monopolized by a single Internet Service Provider (ISP).

Some key takeaways from ULI’s Broadband and Real Estate report are:

With American Rescue Plan funds flowing into state government coffers, about a third of the nation’s 50 states have announced what portion of their Rescue Plan dollars are being devoted to expanding access to high-speed Internet connectivity.

The federal legislation included $350 billion for states to spend on water, sewer, and broadband infrastructure, though everything we have seen suggests that the vast majority of that will not go to broadband. There is also another $10 billion pot of rescue plan funds, called the Capital Projects Fund, that mostly must be used to expand access to broadband.

Laboratories of Broadband-ification 

As expected, each state is taking their own approach. California is making a gigantic investment in middle-mile infrastructure and support for local Internet solutions while Maryland is making one of the biggest investments in municipal broadband of any other state in the nation. And although Colorado does not prioritize community-driven initiatives, state lawmakers there have earmarked $20 million for Colorado’s two federally-recognized Indian tribes to deploy broadband infrastructure with another $15 million devoted to boosting telehealth services in the state.     

Undoubtedly, individual states’ funding priorities vary. Some states may be relying on previously allocated federal investments to boost broadband initiatives and/or have been persuaded the private sector alone will suffice in solving its connectivity challenges. And in some states, such as Illinois, Minnesota, and Maine, lawmakers have prioritized using state funds to support broadband expansion efforts while other states may be waiting on the infrastructure bill now making its way through Congress before making major broadband funding decisions.

As of this writing, 17 states have earmarked a portion of their Rescue Plan money (totaling about $7.6 billion) to address the digital divide within their borders. Those states are Arizona, Arkansas, California, Colorado, Delaware, Hawaii, Indiana, Kentucky, Maine, Maryland, Montana, Missouri, Virginia, Tennessee, Vermont, Washington, and Wisconsin.

Following hundreds of requests from community members urging the local Public Utility District (PUD) to address the lack of Internet access in Lewis County, Washington, the Lewis County PUD is answering the call with a proposal to construct an open access countywide fiber-to-the-home network and a relentless pursuit of broadband construction grant opportunities on behalf of its 33,000 members.

The plan to construct the 110-mile-long fiber backbone – anticipated to cost between $110 and $130 million to build – is months in the making. Since the beginning of the Covid-19 pandemic, the PUD has applied for over $30 million of state and federal broadband grants. 

In August of 2020, the PUD applied for a $5.5 million grant through the Washington State Public Works Board to provide fiber-to-the-home (FTTH) services to residents of four communities in the western region of the county – “from west Chehalis to Adna and Pe Ell along Highway 6, and down through the Boistfort Valley,” according to the PUD’s website. 

When that grant application was not awarded, the PUD turned to the USDA’s Community Connect program to propose a smaller project that would serve three of the four aforementioned communities. The USDA is expected to announce those grant recipients soon. 

In years past, states have implemented preemptive laws that make it more difficult or impossible for communities to build their own Internet networks. 

These state barriers were often enacted at the behest of large telecom monopolies to limit competition, and include everything from outright bans on municipal broadband networks to oppressive restrictions and requirements which create legal uncertainty for communities attempting to offer telecommunications and Internet services, including via partnerships.

When the Covid-19 pandemic hit the United States in March 2020, there were 19 states maintaining significant restrictions on municipal networks. Today, the number of states upholding these barriers has been reduced to 17. The pandemic served as a turning point in the fight for local authority, and in the past year, Arkansas and Washington adopted legislation significantly rolling back legislative barriers on publicly owned broadband networks. 

In February of 2021, both chambers of the Republican-dominated Arkansas State Legislature voted unanimously to send Senate Bill 74 to State Governor Asa Hutchinson, who signed the bill into law. The legislation grants government entities the authority to provide broadband services and expands the financing options available to municipalities to fund municipal broadband projects.

In May of 2021, Washington State Governor Jay Inslee signed two bills expanding municipal authority to provide retail Internet services to end-users, House Bill 1336 and Senate Bill 5383. Both bills reduce barriers to municipal networks, but House Bill 1336, which completely removes all previously-held restrictions on public broadband in the state of Washington, is expected to take legal precedence.

Snapshot

New Jersey establishes state committee to strategize deployment of community broadband networks

Louisiana Senate amends bill, opening state grant program to municipally-owned providers

Washington laws expanding municipal authority to provide retail service take effect

The State Scene

New Jersey 

New Jersey Governor Phil Murphy, on July 7, enacted legislation (A.B. 850) establishing a new state committee tasked with evaluating where community broadband networks should be established across the state, by surveying areas where public networks would be most feasible to deploy.

The 19-member Broadband Access Study Commission “will consider the logistics of deploying community broadband networks and report on its findings to the Governor and the Legislature,” reports ROI NJ. “The mission includes completing a comprehensive study of the success and failures of similar networks around the nation, the costs of constructing and maintaining networks, and the costs to subscribers for monthly access.” 

The Commission will also evaluate impediments to broadband access in the state, including those related to physical access, affordability, and digital literacy. After submitting recommendations to the state Governor and Legislature, the committee will dissolve within a year of its first meeting. 

Louisiana 

Louisiana Governor John Bel Edwards recently signed a bill (H.B. 648) allocating $180 million of incoming federal relief funds toward establishing a grant program - open to both public and private broadband providers - aimed at jumpstarting the buildout of Internet infrastructure to unserved communities across the Bayou State. 

Since it was first introduced in Congress in March, the Community Broadband Act of 2021 has gained widespread support from over 45 organizations representing local governments, public utilities, racial equity groups, private industry, and citizen advocates. 

The legislation -- introduced by U.S. Representatives Anna Eshoo, Jared Golden, and U.S. Senator Cory Booker -- would authorize local communities to build and maintain their own Internet infrastructure by prohibiting laws in 17 states that ban or limit the ability of state, regional, and local governments to build broadband networks and provide Internet services. 

The Act also overturns state laws that restrict electric cooperatives' ability to provide Internet services, as well as laws that restrain public agencies from entering into public-private partnerships.

States have started to remove some long-standing barriers to public broadband on their own. In the last year, state lawmakers in both Arkansas and Washington removed significant barriers to municipal broadband networks, as high-quality Internet with upload speeds sufficient for remote work, distance learning, telehealth, and other online civic and cultural engagement has become essential. 

Community broadband networks offer a path to connect the unconnected to next-generation networks. State barriers have contributed to the lack of competition in the broadband market and most communities will not soon gain access without public investments or, at the very least, the plausible threat of community broadband.

The Many Benefits of Publicly-Owned Networks