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

Patience and persistence can be used to describe what made northern Virginia’s Orange County Broadband Authority successful in turning their middle-mile network into a Fiber-to-the-Home (FTTH) network. While the journey started more than five years ago, today the authority is connecting 20 customers a day with the goal of connecting 4,000 customers by the end of the calendar year. 

Crews will be connecting users to the county-owned FTTH network, FiberLync, in three phases, each requiring between 10-12 months to complete. Phase 1 will pass approximately 4,000 households, phase 2 about 2,500 households, and phase 3 about 1,000.

The funding for these phases will primarily come from bonds set aside as part of the county’s capital improvement plan and will cover up to $15.5 million of the projects’ costs. The bonds will be paid back through FiberLync revenue. 

Years in the Making

Bringing FTTH connectivity to the residents of Orange County (pop. 36,000) has been a goal since the Orange County Broadband Authority was created in 2016. The major driver for the authority was addressing the lack of broadband in the rural parts of the county. Residents in certain parts of the county have long been left with speeds under the FCC’s broadband definition of 25/3 Mbps (Megabits per second), and others have been entirely unconnected.

In 2017, the county worked with Orange County Public Schools to build the middle-mile network connecting district facilities as well as critical county facilities using E-rate federal funds. More than $1.1 million in E-rate funds were used to help connect the schools, accounting for 80 percent of the total project cost. The county and Orange County Public Schools shared the remaining costs of deploying extra capacity for future use.  

The buried fiber ran 38 miles along Routes 15 and 20. 

With the Tennessee Valley Authority (TVA) and the state’s Comptroller’s office recent approval of the Knoxville Utilities Board (KUB) business plan, the city-owned utility proposal to build a Fiber-to-the-Home (FTTH) network in the Volunteer State’s third-largest city is set to take the next step.

Tonight, KUB will hold a hearing to get public input on KUB’s plan to bring high-speed Internet service to its 210,000 customers spread out across Knoxville, Knox County, and small parts of seven neighboring counties.

If the KUB Board of Commissioners approves the final plan, along with a needed two-thirds majority support from the Knoxville City Council, network construction could start sometime next year and would take about seven years to build out.

But it won’t come cheap. “We project that the cost to build out the network and ultimately staff and operate that network, estimated cost is about $500 million over the first ten years of operation of the business line,” KUB Vice President Jamie Davis told WATE 6 News. 

Funds to construct the network would come in part from a 3 percent annual rate increase on KUB electric customers from 2022-2025. After 2025, KUB electric customers would see an estimated increase of $10.50 in their monthly electric bill, according to Knox News.

And the Survey Says…

Snapshot

North Carolina Governor budgets $1.2 billion of Rescue Plan funds towards closing the digital divide

Vermont Senate includes private ISPs in what was a community-based solution to universal access

Alabama Governor approves $17 million in broadband grants, some to Comcast and Charter Spectrum

The State Scene

North Carolina 

North Carolina Gov. Roy Cooper released a budget proposal last Wednesday that anticipates using $1.2 billion of incoming federal COVID-19 relief funds towards broadband infrastructure, affordability initiatives, and expanding digital literacy. With North Carolina set to receive a total of $5.7 billion in federal American Rescue Plan funds, Gov. Cooper is dedicating nearly one-fifth of the incoming relief to closing the digital divide. 

Next, the State House, Senate, and the North Carolina General Assembly will create their proposals for how to spend the relief funding. Then, they'll have to rectify any differences. Each chamber's plans could look similar to the governor's or vastly different. 

Gov. Cooper’s proposal specifically allocates [pdf]:

• $600 million towards expanding broadband infrastructure, including: $350 million for the state’s existing last-mile grant program (GREAT grants), $150 million for competitive bidding which will allow county governments to leverage the funds for public-private partnerships, and $100 million towards stop gap solutions “to address local infrastructure needs and connect underserved households not likely to get fiber for three to four years.”

• $420 million towards affordability initiatives which will subsidize low-income service plans.

• $165 million for digital literacy, including: $40 million towards device support to provide computers to 96,000 households which currently lack them; $30 million towards break/fix services to replace devices for over 275,000 North Carolinians; and $95 million towards community-based digital literacy campaigns.

The plan aims to connect 100 percent of North Carolina households with children to high-speed Internet access by 2025, and anticipates the affordability initiatives in the proposed budget will provide 380,000 individuals with a $50/month subsidy for four years. 

Numerous towns located in a region of southeastern Maine dubbed “Paddler’s Paradise” by outdoor adventurers and watersports fans are exploring more collaborative ways to improve local Internet connectivity. The Greater Portland Council of Governments (GPCOG) recently issued a request for proposal [pdf] on behalf of several towns located in the Sebago Lakes region of Cumberland County, Maine. Proposals are due May 31st. 

GPCOG, in partnership with Cumberland County, the Community Concepts Finance Corporation, and the Northern Forest Center, is seeking technical assistance to coordinate a regional, multi-town approach to better broadband.

Upon embarking on individual, citywide approaches to improve Internet access, the towns of Bridgton, Denmark, Fryeburg, Harrison, Naples, Raymond, Sebago and Standish recognized that a regional approach would improve efficiency and speed efforts. 

Image

(See chart, right, which details the preliminary, planning stages that have been completed by communities, and which they have yet to address.)

The coalition is interested in selecting one or more broadband consultants to coordinate the individualized approaches of each of the towns. Consultants will be tasked with combining and building upon the assets of each to develop a regional proposal for a faster and more coordinated buildout of networks. 

Read the full RFP here [pdf]. 

Goals of the Proposal

Update: State Governor Jay Inslee signing two bills amending the same section of state law at the exact same time forced the Washington Secretary of State to seek judicial guidance on which bill will take precedence over the other in the face of legal challenge. It is still unclear if the two bills are compatible; however, in these instances the bills should be filed in the order in which they passed the State Legislature, with the bill filed last taking legal precedence. The Public Broadband Act passed the State Legislature one day after S.B. 5383; therefore, the Public Broadband Act should prevail over the Senate bill (S.B. 5383).

Yesterday, following weeks of anticipation, State Gov. Jay Islee signed the Public Broadband Act (H.B. 1336), removing all restrictions on public broadband in the state of Washington, according to the bill’s primary sponsor, State Rep. Drew Hansen, D-23. This critical leap forward in Washington drops the number of states with laws restricting community broadband to 17.  

Rep. Hansen’s tweet announcing the passage of H.B. 1336:

BREAKING: Governor Inslee just signed my Public Broadband Act so we have ENDED ALL RESTRICTIONS ON PUBLIC BROADBAND IN WASHINGTON STATE!!

Next step: contact your local gov’ts (utility districts, ports, counties, etc.) & tell them you want public broadband.

LET’S GO GET IT!!

Baratunde Thurston hosted Bruce Patterson on the most recent episode of his podcast How To Citizen. The episode is a deep dive into the consequences of a lack of competition in Internet access, and how the city of Ammon on stepped up to meet the challenge. Baratunde talks with Technology Director Bruce Patterson about how he got into this space, how the project got started, and the wealth of positive outcomes it has help drive for the community.

Listen here, then watch the video below on how the network is saving money, creating competition for broadband services, and creating powerful new public safety applications.

The mayors of nine cities in eastern North Carolina have had enough of Suddenlink's poor service. WRAL reports that they've called on the state legislature to overturn HB 129 and let them build their own networks after years of unreliable connectivity:

“[HB 129] forbade any kind of municipality from establishing broadband as one of their utilities,” Rocky Mount mayor Sandy Roberson said.

Roberson said Internet service in Nash and Edgecombe counties had been a problem for years.

There have been so many complaints against the area’s major provider, Suddenlink, since the COVID-19 pandemic began that the mayor of Tarboro called for the state Attorney General to investigate the company in January.

Months later, area leaders have started to take matters into their own hands, with the mayors of nine cities across Eastern North Carolina petitioning the state legislature to allow them to set up their own fiber networks.

The call to action comes on the heels of the mayors of Tarboro, Rocky Mount, New Bern and Washington calling on the state Attorney General to investigate the company.

Head over to WRAL to read the whole story.

Snapshot

Florida Legislature rewrites utility pole bill to include language backed by municipal electric utilities

North Carolina’s County Broadband Authority Act includes clause drawing criticism from electric co-ops

Oklahoma Governor signs mapping bill, vetoes measure adding Tribal representation to state broadband council

The State Scene

Florida

A Florida bill, which included provisions that would have forced Florida’s municipal electric utilities and their ratepayers to pay private Internet Service Providers’ utility pole make-ready costs, was significantly revised before passing the State House by a unanimous vote of 115-0 on April 28.

H.B. 1239, which no longer includes the make-ready costs provisions, initially read like a regulatory wishlist for incumbent cable monopolies until it was redrafted to become a legislative package aimed at improving broadband deployment across the state. The revised bill now heads to the State Gov. Ron DeSantis for approval.

The final version of the bill establishes additional duties for Florida’s Office of Broadband, creates a state broadband grant program, and requires the Office to conduct mapping of unserved and underserved areas of the state -- a significant deviation from the version that was first introduced in February.

The Atlantic Telephone Membership Corporation (ATMC) is expanding gigabit fiber Internet access with financial assistance from federal and state grants to provide high-speed broadband to residents living in some of North Carolina's most rural, poverty-stricken regions.

A $7.9 million federal allotment from the USDA’s ReConnect Program, to which the North Carolina-based telephone cooperative is contributing matching funds, has kickstarted a $15.87 million Fiber-to-the-Home (FTTH) broadband deployment project in one of the Coastal Plains’ southernmost counties.

ATMC recently completed construction of the first four phases of its 60-phase “Faster Columbus” project, connecting residents living in the New Life community east of Tabor City to its gigabit fiber service. Upon completion of all 60 phases, the project will provide ATMC’s FOCUS Fiber Internet service to 2,775 unserved households in rural Columbus County. The completed project will also serve over 50 businesses, ten educational facilities, three critical community facilities, and 23 agricultural operations in the communities of Hallsboro, Lake Waccamaw, Bolton, north Tabor City and Whiteville.

The fiber Internet service ATMC is providing is expected to have a substantial impact on the region’s agriculture industry, one of the main sectors of the local economy. The FTTH service will also benefit the Waccamaw Siouan Indian Tribe, whose reservation is located on the edge of the Green Swamp. Speaking of the anticipated service, Brenda J. Moore, Housing Coordinator of the Waccamaw Siouan Indian Tribe said, "Finally our Tribal students can look forward to no more boot-legging of Wi-Fi in order to do their homework."