Snapshot 

Colorado House passes bill that reduces broadband board membership and conceals mapping data

Michigan legislature approves bill granting ISPs property tax exemptions 

New Mexico and Virginia bills await governors’ action 

The State Scene

Tennessee

Tennessee is home to some of the most creative local solutions to bridging the digital divide. Municipal fiber networks across the state, including Chattanooga’s EPB Fiber network, Morristown’s FiberNet, and Bristol’s network, have been a boon to economic development, job creation, educational initiatives, and overall quality of life in the past decade.

The next city to potentially join the ranks of providing municipal broadband in Tennessee is Knoxville. On March 11, the Knoxville Utility Board approved a business plan to provide Internet services across its service area. 

Despite the widespread success of municipal networks across Tennessee, the state restricts what populations they can serve. Although Tennessee law allows cities and towns to offer advanced telecommunications services if they have a municipal electric utility, the networks are not permitted to offer those services to residents who live outside of the utility’s service area. Removing these restrictions would permit substantial fiber expansion to connect more residents at no cost to the state or taxpayers.

In a part of the Prairie State referred to as “Little Egypt,” a small county in southeastern Illinois recently received a big infusion of federal funds to expand its broadband network into neighboring rural counties. 

In October of 2020, the USDA announced that the Hamilton County Telephone Cooperative was awarded a $20 million ReConnect grant and a $20 million ReConnect loan to bring broadband to over 19,000 residents, 462 businesses, 347 farms, 16 educational facilities, three post offices and four fire stations in Saline, Williamson, Franklin and White counties.

The $40 million in total Hamilton County received was a portion of the $600 million Congress appropriated to the USDA in 2018 to expand broadband infrastructure and services in rural America. In April of 2020, the USDA announced it had received 172 applications worth $1.57 billion in Round Two ReConnect requests. 

The funds awarded to Hamilton County in the fall came on top of the $3.4 million from the state-wide Connect Illinois program and ReConnect funds the co-op received in February of 2020 to build out its Fiber-To-The-Premises (FTTP) network to connect more than 600 homes in the rural county with a population just over 8,000 residents.

Decades of Service

If you have been following our series on the Accessible, Affordable Internet for All (AAIA) Act, you already know the proposed legislation calls for a $100 billion investment in expanding broadband access and affordability in unserved and underserved parts of the country. In this fourth installment of the series, we explore the part of the bill that contains the bulk of the funding. Of the $100 billion proposed in the bill, $85 billion of it can be found in the Title III - Broadband Access section.

Amending the Communications Act of 1934, Section 3101 of the bill appropriates $80 billion for “competitive bidding systems” to subsidize broadband infrastructure. That is to say, it requires the Federal Communications Commission (FCC), and states, to use “competitive bidding systems” for Internet Service Providers (ISPs) to bid on broadband deployment projects in “areas with service below 25/25 Megabits per second (Mbps), and areas with low-tier service, defined as areas with service between 25/25 and 100/100 Mbps.” The term “competitive bidding” seems to suggest a reverse auction process, though it hardly makes sense for each state to set up such a system given the logistical challenges. A legislative staffer responded to our email earlier this year saying he believed that language would allow for state programs that solicited applications from ISPs and scored them for evaluation, much like Minnesota’s Border-to-Border Broadband program operates. However, he noted that the FCC would interpret that language ultimately. More on this below. 

Prioritizing Higher Upload Speeds

Without good information from Internet Service Providers (ISPs), the federal government is essentially shooting in the dark when it comes to determining how to best target the allocation of resources for underserved and unserved communities. Even private sector investments are less efficient because of the lack of good data about broadband availability and pricing. That’s why the second major section of the Accessible, Affordable Internet for All Act (AAIA), currently languishing in the U.S. Senate, aims to address the nebulous nature of broadband data at the Federal Communications Commission (FCC).

In this third installment of our series on the AAIA, we explore the ”Title II – Broadband Transparency” section of the Act, which requires the FCC to adopt rules to gather accurate and up-to-date information from ISPs about broadband service plan prices and subscription rates. It also requires the FCC to collect data that will allow the federal government to assess the resiliency of the nation’s broadband network in the event of a natural disaster or emergency.

Better Data is Needed

Anyone who closely follows FCC news is already familiar with the problems associated with the agency’s broadband coverage maps, which most experts agree overstate actual broadband coverage. Though recent studies indicate there may be as many as 41 million people who lack access to fixed broadband in the United States that meets minimum speed of 25/3 Megabits per second (Mbps), the FCC claims that number is closer to 18 million. It’s a big discrepancy with big dollar implications, as the coverage maps are the basis upon which agencies and states make major funding decisions.

Last week we began our broad overview of the Accessible, Affordable Internet for All Act, sweeping legislation that calls for a $100 billion investment in broadband infrastructure in unserved and underserved parts of the country, as well as federal funding and coordinated support to meet the myriad of barriers that prevent tens of millions of Americans from having access to affordable and reliable Internet connectivity.

The bill (H.R. 7302) has already passed in the U.S. House of Representatives led by House Majority Whip James E. Clyburn (D-SC) and members of the House Rural Broadband Task Force. The Senate version of the bill (S. 4131), which was filed by Minnesota Senator Amy Klobuchar, co-chair of the Senate Broadband Caucus, has stalled, thanks to Senate Majority Leader Mitch McConnell who has “has buried the legislation in his graveyard,” in the words of Rep. Clyburn.

In this second-installment of a series of posts exploring the major sections contained in the proposed legislation, we look at the “Title I – Digital Equity” portion of the bill.

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New Office of Internet Connectivity and Growth (OICG)

The state of Kansas continues to build momentum with the announcement of a new, ten-year broadband grant program designed to drive network expansion in unserved and economically depressed areas. It will go towards connecting tens of thousands of residents in the state who currently have no or few options for Internet access, while bringing commercial development and connecting farms desperately in need. 

The Good

Currently, 3.5% of the state’s population, totaling almost 100,000 people, have no Internet access options at all. Students sent home at the beginning of the Covid-19 pandemic have struggled all summer and fall to get online to do coursework. Both urban and rural areas have continued to face significant challenges over the last decade, and the problem has only increased in recent months. It’s also an issue that has had ramifications for employers like Citizens State Bank in Cottonwood Falls, which has considered cutting local positions and shifting them to places with better Internet access options.

The new Broadband Acceleration Grant Program (BAGP) [pdf] offers lots of provisions for positive progress. It prioritizes low-income, economically distressed areas, as well as those without access to speeds of at least 25/3 Mbps (Megabits per second). This likely means much of the money will end up in the southeastern and southwestern parts of the state (see map). The grant also urges applicants to engage local stakeholders in their communities and build relationships with community anchor institutions, businesses, and nonprofits so as to maximize impact.

Residents in the village of Tupper Lake, New York, will soon enjoy a municipally owned broadband option to get online. With the awarding of a grant by the Northern Border Regional Commission matched by local funds, a hybrid Fiber-to-the-Home (FTTH) and fixed wireless network will bring faster speeds and more reliable service to homes and businesses in the northern part of the Empire State by the middle of next summer.

Unreliable Service

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The village of Tupper Lake (which sits within the boundaries of the town of Tupper Lake) is located in the foothills of the Adirondack Mountains not too far from Lake Placid. It’s an overwhelmingly rural area, and a little more than 3,500 people call the village home.