*In partnership with Broadband Breakfast, we occasionally republish each other's content. The following story by Broadband Breakfast Reporter Jericho Casper was originally published here.

In a setback to efforts aimed at enhancing broadband access across Wisconsin, the state Senate dealt a blow to three key bills aimed at improving various aspects of broadband provision Monday.

The first bill in question, AB 1180, aimed to give local governments more autonomy by allowing them to apply for broadband grants directly, rather than requiring them to partner with a telecommunications utility or a for-profit organization, as is required under current (state) law.

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The bill also proposed expanding the permissible uses of grants beyond infrastructure construction and would have eliminated a requirement for a city, village, or town to prepare a feasibility report before constructing or operating facilities for public telecommunications, cable TV or broadband services.

Presently, Wisconsin law necessitates a public hearing before a local government can pass an ordinance or resolution to provision such facilities. Additionally, at least 30 days before this hearing, these entities must furnish a comprehensive report to the public, detailing the facility's costs, revenues, and a cost-benefit analysis spanning three years. AB 1180 would have waived the need for this report preparation.

Manding Internet Service Providers Deliver Advertised Speeds

Windstream Communications and local nonprofit electrical cooperative Colquitt Electric Membership Corp are partnering on a $32.5 million fiber deployment that will bring fiber optic broadband to 17,000 homes and businesses in Colquitt County, Georgia.

Once completed sometime next year, the partnership should help deliver last-mile fiber access to roughly 70% of Colquitt County residents, many of which either have no current broadband access, or have long been stuck on sluggish, expensive, and dated digital subscriber line (DSL).

Windstream will maintain ownership of the finished network and provide residential service under its Kinetic brand, while Colquitt EMC will utilize the network to help maintain and support the company’s existing electrical grid.

Kinetic will use $21.4 million in American Rescue Plan Act (ARPA) grants to fund the network build, while providing $11.1 million of its own funds to cover any cost overruns. The company says it has already laid 180 miles of cable of an expected 440 miles total county wide.

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“Colquitt EMC has been an instrumental part in the delivery of fiber in its service area,”  Kinetic Georgia operations President Michael Foor said in a prepared statement. “We are grateful for its willingness to support these efforts.”

As ILSR has long noted, PPPs can be a decidedly mixed bag. They can be good for municipalities unable or unwilling to handle the logistics or cost of a major deployment alone. At the same time, locals don’t have much or any control over the trajectory of the finished network, including pricing that can quickly creep out of the range of affordability.

Knoxville, Tennessee's Knoxville Utility Board (KUB) says it has completed the first phase of its ambitious broadband deployment, bringing affordable fiber access to more than 50,000 premises in this city of 192,000 – many for the very first time.

When we last wrote about KUB back in 2021, the city's utility had just received approval to build what will eventually be the biggest municipal broadband network in the U.S.

All told, the $702 million project, known as KUB Fiber, aims to deliver affordable fiber to 210,000 households across KUB’s 688-square-mile service area, taking between seven and ten years to complete.

KUB says that the first phase of fiber deployment involved the installation of more than 1,100 miles of fiber infrastructure. Upgraded users have the option of three tiers of service: symmetrical gigabit per second (Gbps) service for $65 a month; symmetrical 2.5 Gbps service for $150 a month; and symmetrical 10 Gbps service for $300 a month.

KUB’s service tiers do not come with usage caps or long-term contracts. Unlike many municipal operations, KUB is also offering locals the option of bundling television service.

KUB was driven to expand access after more than a decade of local frustration at the slow speeds, high prices, and spotty coverage caused by a notable lack of competition between regional telecom monopolies, AT&T and Comcast (Xfinity). Both companies have attempted to lock down customers via long-term contracts ahead of the network’s completion.

As one local resident said:

“Comcast thanked me for being a customer for 23 years, but it's not because I've had the option to go anywhere else. They have had 23 years to fix these problems and they haven't."

The key for states to unlock their portion of the $42.5 billion in federal BEAD funds is the submission and approval of their Five Year Action Plans and Final Proposal. The infrastructure law requires states to first file an action plan, and then prepare more detailed Initial Proposals, allowing residents and stakeholders to submit public comments.

So far, 14 states have filed their Five Year Action Plans with the National Telecommunications and Information Administration (NTIA), the Treasury Department agency in charge of allocating the funds to each state and U.S. territory. According to the NTIA’s website, Maine, Louisiana, Delaware, Georgia, Hawaii, Idaho, Kansas, Montana, North Carolina, Ohio, Oregon, Pennsylvania, Utah, and Vermont have all filed their draft Five Year Action Plans.

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The states that are now in the process of completing their Initial Proposals include: Delaware, Kansas, Louisiana, Montana, Ohio, Tennessee, Vermont, Virginia and Wyoming.

Today, we will look at two states (Maine and Louisiana) and follow up with the others as we are getting a clearer picture of how each state intends to put this historic infusion of federal funds to use.

Maine

The NTIA (National Telecommunications and Information Administration) insists that the 17 state laws that hamper nationwide community broadband deployments won’t delay a massive looming infusion of infrastructure broadband subsidies. But one industry group isn’t so sure.

BroadbandNow, a website dedicated to tracking the U.S. broadband industry, issued a report claiming that state restrictions on community broadband networks could delay the delivery of more than $42.45 billion in BEAD (Broadband Equity, Access and Deployment) grants made possible by the recently-passed Infrastructure Investment and Jobs Act (IIJA).

Such bills, often ghost written by the telecom industry by policy and lobbying intermediaries, often limit the construction or financing of community broadband networks, even in unserved areas that regional telecom monopolies have long neglected.

Covid’s home education and telecommuting boom highlighted the restrictive and often counterproductive nature of such bills, leading two states — Arkansas and Washington — to remove the barriers. And in Colorado earlier this month, Gov. Jared Polis signed Senate Bill 23-183 into law that eliminates an older 2005 law backed by regional telecom monopolies, which imposed cumbersome and onerous restrictions on Colorado towns and cities looking to build better, more affordable community-owned and operated broadband networks.

Colorado state leaders have voted to eliminate long-criticized state barriers to municipal broadband networks. Community broadband advocates hope it will be a beacon for other states eager to bring more reliable and affordable high-speed Internet service to a market long dominated by monopoly providers.

The Colorado decision, made after years of citizen backlash to the counterproductive restrictions, is the latest inflection point in a retreat away from monopoly-backed state laws stifling creative efforts to bridge the digital divide.

On May 1, Colorado Governor Jared Polis signed Senate Bill 23-183. The new law formally eliminates an older 2005 law backed by regional telecom monopolies, which imposed cumbersome and onerous restrictions on Colorado towns and cities looking to build better, more affordable community-owned and operated broadband networks.

“SB23-183 removes the biggest obstacle to achieving the Governor’s goal to connect 99% of Colorado households by the end of 2027,” Colorado Broadband Office Executive Director Brandy Reitter said of the decision. “Each local government is in a unique position or different phase of connecting residents to high-speed internet, and this bill allows them to establish broadband plans that meet the needs of their communities.”

Colorado state leaders say the repeal puts them in a prime position to capitalize on numerous digital equity programs designed to address Colorado’s digital divide, as well as the more than $42 billion in broadband subsidies soon to be distributed courtesy of the recently-passed Infrastructure Investment and Jobs Act (IIJA).

“With large amounts of federal funding coming from the IIJA bill, we wanted communities to be ready to receive this money,” Colorado Representative Brianna Titone told ILSR.

Last year, Governor Polis signed an executive order formally setting a goal of connecting 99% of Colorado households by the end of 2027. Colorado state leaders have previously stated they expect their share of IIJA/BEAD funding to be between $400 and $700 million; money that can now be used more broadly on a diverse array of creative broadband solutions.

The U.S. Treasury Department recently awarded more than $740 million in new American Recovery Plan Act (ARPA) funding to the states of California and Pennsylvania, providing a major boon to both states’ efforts to expand access to affordable broadband.

The Treasury awarded $540.2 million for high-speed Internet expansion projects in California under the American Rescue Plan’s Capital Projects Fund (CPF). According to the announcement, the funds will be used to connect 127,000 homes and businesses across California as part of the state’s ongoing “California Comeback Plan.”

As part of that effort, California leaders say they’ll spend $7 billion on expanding broadband access over the next three years, with $4 billion of that to be used for constructing a statewide middle-mile, open access fiber network the state hopes will boost broadband competition and drive down broadband access costs statewide.

To manage federal grant funds, California created its Last Mile Broadband Expansion grant program, which was designed to provide Internet access to areas of the state currently lacking access to reliable, affordable broadband at the FCC’s increasingly dated definition of 25 megabits per second (Mbps) downstream, 3 Mbps upstream.

“The pandemic upended life as we knew it and exposed the stark inequity in access to affordable and reliable high-speed internet in communities across the country, including rural, Tribal, and other underrepresented communities,” said Deputy Secretary of the Treasury Wally Adeyemo.

“This funding is a key piece of the Biden-Harris Administration’s historic investments to increase access to high-speed internet for millions of Americans and provide more opportunities to fully participate and compete in the 21st century economy,” Adeyemo added.  

Hoping to ensure it can actually spend its share of historic broadband funding, Montana lawmakers have tweaked the state’s restrictions on community broadband. However, experts say most of the state law’s pointless restrictions remain intact, undermining state efforts to bring affordable, next-generation broadband access to Montana residents.

Montana’s one of seventeen states that have passed laws banning or restricting municipal broadband networks. The bills are usually ghost written by telecom monopoly lawyers, and in many states either outright prohibit community-owned broadband networks, or are designed to make funding and expanding such networks untenable.

Montana’s specific law, Mon. Code Ann. § 2-17-603, only allow municipalities to build and deliver broadband alternatives if there are no other private companies offering broadband within the municipality’s jurisdiction, or if the municipality can offer “advanced services” that are not available from incumbents.

Covid home schooling and telecommuting needs highlighted the counterproductive nature of such restrictions, driving some states—such as Arkansas and Washington—to dramatically roll back their restrictions.

Earlier this month, a new Colorado bill was introduced that, if passed, would rid the state of a law designed to protect monopoly Internet service providers (ISPs) from competition.

SB-183, titled “Local Government Provision Of Communications Services,” seeks to gut a law Big Telecom pushed state lawmakers to pass in 2005. That law, known as SB-152, prevented any of Colorado’s 272 municipalities from building and operating their own telecommunication infrastructure unless local voters first passed a referendum to “opt out.”

End of ‘the Qwest Law’?

Known also as “the Qwest law,” Qwest (now Lumen but more recently CenturyLink), with the help of Comcast, leaned on legislative allies to pass SB-152 to protect their monopoly profits. On our Community Broadband Bits podcast, Ken Fellman and Jeff Wilson, prominent telecom attorneys, recount how lobbyists for the monopoly ISPs were instrumental in pushing two false, but effective, narratives we’ve seen many times before: that SB-152 only sought to “level the playing field” so that private companies could compete with municipally run networks, and that SB-152 “protected” Coloradoans from irresponsible local governments, as if there were no such things as local elections.

But, if passed, the new proposed legislation (SB-183) – co-sponsored by a bipartisan-ish group of state legislators (10 Democrats and 2 Republicans) – would neuter SB-152 and allow local communities to decide for themselves if they wanted to pursue municipal broadband without needing special permission from the state.