Snapshot

Nebraska Senate rejects amendment supporting municipal broadband in spending plan

Michigan Governor vetoes bill granting private ISPs property tax exemptions

Montana, Iowa and Maine channel Rescue Plan funds towards new broadband grant initiatives

The State Scene

Nebraska

The Nebraska Senate approved a plan to spend $40 million over the next two years on expanding rural access to high-speed Internet by a unanimous vote on Tuesday, but only after an amendment to L.B. 388 that would have allowed municipalities to offer retail broadband services was rejected.

State Sen. Justin Wayne introduced the amendment, saying that “broadband should be considered a critical infrastructure need and that private telecommunications companies have not stepped up to serve the whole state,” the Lincoln Journal Star reports.

Wayne urged Nebraska Senators “to look to Nebraska's history of public power as a model, as well as to the example of other states that are allowing cities to offer broadband.” The amendment ultimately failed by a vote of 20-24. Wayne assured fellow Senators that he will reintroduce the amendment in the future. 

The bill marked the first time the Nebraska Legislature has suggested using state tax dollars to fund broadband deployment. As it was submitted to Gov. Pete Ricketts for his signature, the bill would annually allocate, until funds run out, $20 million in grants to projects that increase access to high-speed broadband in unserved regions of Nebraska. It would prioritize projects in regions which lack access to Internet service with speeds of at least 25 Megabits per second (Mbps) download/3 Mbps upload. Grant recipients would be required to deploy networks capable of providing service of at least 100/100 Mbps within 18 months. 

Michigan

As the oldest son of the legendary folk singer Woody Guthrie, Arlo Guthrie — the Town of Washington, Massachusetts’ most famous resident — built a name for himself as a singer-songwriter by letting folks know, “You can get anything you want at Alice's Restaurant.”

But if you ask the town’s Broadband Manager Kent Lew, there was one thing that was not on the menu in Washington before last year: high-speed Internet connectivity.

That’s no longer the case as the small town of Washington (pop. 549) has been on the vanguard of rural communities in the hill towns of the Berkshires that have built out (or are in the process of building out) Fiber-to-the-Home (FTTH) networks to bring gigabit speeds and affordable connectivity for residents for decades into the future.

The Pandemic: Curse & Blessing

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“On the eve the Governor announced the (pandemic) shut down in March of 2020, our first Fiber Service Area was ready,” Lew recalled in a recent interview with us. “It was tremendous that we were able to do this just as people really needed it.”

As one of dozens of Western Massachusetts towns working in partnership with municipal utility provider Westfield Gas + Electric (which operates Whip City Fiber) to build broadband infrastructure, it was in 2015 that Town Meeting voters authorized a $770,000 bond issuance to finance half the construction costs of the $1.47 million network. The other half came from state grant funding.

The Lafayette, Louisiana-based municipal network, LUS Fiber, is expanding into rural southwest Louisiana with the help of a $3.1 million grant from the U.S. Department of Commerce’s Economic Development Administration (EDA). 

The federal grant, announced in February, will cover 80 percent of the cost. LUS Fiber will match up to $700,000 in additional grant funding for the project. 

LUS Fiber, which offers speeds up to 10 Gigabit-per-second speeds, is partnering with Acadiana Planning Commission (APC) for the development and construction of the “certified all-fiber network.” Construction of the high-speed Internet backbone along the U.S. Highway 90 is set to begin this year and is expected to be completed within two years. 

New Routes, New Subscribers

Forty-seven miles of fiber infrastructure will connect Lafayette Parish, St. Martin Parish, and Iberia Parish. The project “could add between 650 and 1,400 new Internet customers to the telecom’s roughly 21,000 current accounts,” according to the Daily Advertiser’s coverage of the announcement in February. 

St. Martin Parish President Chest Cedars told the Daily Advertiser businesses that are central to the economic vitality of the region are just off Highway 90. 

“When it was agreed that fiber would take a little left turn and hit our SMEDA Industrial Park it was even a greater win for St. Martin Parish because six of our top 10 taxpayers in our parish are housed in that particular industrial center,” Cedars said. 

Cortez is the latest community in the state of Colorado to decide whether to opt out of SB 152, which has since passage in 2005 has preempted local authority and prevented communities from building publicly owned telecommunications infrastructure and offering retail service.

The community (pop. 8,500) is located in Montezuma County in the southwest part of the state, just north of Mesa Verde National Park. As first reported in The Journal at the end of January and subsequently approved unanimously by the City Council in the middle of February, a ballot measure later this spring will give city residents the option to restore the municipality’s ability to offer retail Internet service to business and households themselves.

From the ballot flyer provided to residents by the city:

A voter-approved exemption from SB 152 would restore local independence and ability to evaluate all possibilities for next generation broadband services in the City of Cortez and our communities. An exemption supports local choice and options, allowing citizens to make the best decisions based on the needs of our own individual communities, without raising taxes.

It further explains the realities of the limitations imposed by SB 152:

Without such approval, the law limits the ability of Colorado local governments to provide a wide spectrum of services, including: free Internet service in city libraries, parks and community centers; leveraging government infrastructure and partnering with private businesses to provide affordable and high-speed Internet service throughout the entire community; [and] direct provision of broadband services by municipal governments where needed.

A Chance to Build on Past Success

When he was a colonel in the Virginia Militia, George Washington is said to have visited “Craig’s Camp,” a mountainous frontier outpost in southwest Virginia near the border of what would later become West Virginia. After the Seven Years' War, farmers and tradesmen were drawn to the area, establishing a settlement known then as “Newfincastle.” Over the years, the “fin” was dropped and the town became New Castle, the seat of Craig County.

Today – with the Jefferson National Forest comprising half of the county, its scenic byways, access to the Appalachian Trail, old churches, and family cemeteries – Craig County and the surrounding region remains steeped in early American history. And now, thanks to the Craig-Botetourt Rural Electric Cooperative (CBEC), this corner of rural Virginia has established a forward-looking outpost of Internet connectivity, and a new fiber frontier that planners hope to expand across the seven counties that make up CBEC’s 650 square-mile service area.

The Bee Online Advantage

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It was in 2018 when CBEC began to seriously consider building a broadband network to serve its 6,800 members because, as the co-op’s website puts it: “Our members are experiencing what originally created the electric cooperative in 1936 – a lack of service. They lacked electricity [85] years ago; now they lack high-speed Internet [access].”

That lack of high-speed Internet connectivity is becoming a thing of the past, at least for co-op members in Botetourt County who now have access to an emerging Fiber-to-the-Home (FTTH) service through a CBEC subsidiary known as the Bee Online Advantage.

Though voting was highly conflicted and debates lasted late into Sunday night, H.B. 1336, an act granting public entities unrestricted authority to provide telecommunications and Internet services to end-users, scraped through the Washington State Senate by a vote of 27-22 on April 11. 

If State Governor Jay Islee signs H.B. 1336, Washington will have removed its barriers to municipal networks, leaving just 17 states with deliberate barriers to local Internet choice. “We’re fired up around here,” said the bill’s sponsor, Rep. Drew Hansen, D-23, in an interview. “What a huge deal this is. It undoes 20 years of bad state policies which restricted local governments from offering broadband.”

Washington’s charter counties, first-class cities, and cities operating under Washington’s Optional Municipal Code already have the power to construct telecommunications networks and offer Internet access services to their residents without third-party business overseeing network management operations.

Hansen’s bill would give this authority to the public entities currently restricted by statute from offering retail services. This includes Public Utility Districts (PUDs) and district ports, as well as, towns, second-class cities (defined as those with populations of 1500 or more which have not adopted a city charter) and counties currently not operating under Washington’s Optional Municipal Code. 

Hansen said this about the development:

BREAKING: Wash. Senate just passed my Public Broadband Act (HB1336). Thanks to the parents, teachers, students, public utility districts, tribes, activists, 1000+ people signing in support (!) and more. WE did this; amazing team effort. Public Broadband Now!!!

Talladega, AL has long been known as the epicenter of NASCAR, a sport synonymous with speed. In 1987, Bill Elliot set the fastest recorded time of 212.089 mph on that very track. 

Cars aren’t expected to start racing down the Talladega Superspeedway track until late April, but the Coosa Valley Electric Cooperative (CVEC) chose the location to announce the fittingly super fast speeds it expects to begin serving up with its new broadband subsidiary, Coosa Valley Technologies, last Wednesday. 

Unfortunately, many residents in Talladega County and surrounding counties have long gone without fast connectivity, with average speeds as low as 5 Mbps (Megabits per second). 

CVEC often holds events at the Superspeedway, but for this event they wanted to make sure that since people were gathering, social distancing was possible. Also they wanted to communicate a message.

“It also served as a good backdrop for what we were trying to communicate, which was, we’re going to be provided the fastest broadband service in our area,” Jon Cullimore, CVEC Manager of Marketing and Member Services, told us in an interview as the cooperative prepares to embark on a fiber build intended to bring fast, affordable Internet access to everyone in its electric footprint over the next four years.

Driven by Membership

It all started in 2019 with feasibility studies conducted by two different firms. Both found a profound lack of broadband service throughout CVEC’s service territory, which is situated east of Birmingham.

When the studies were completed, CVEC quickly put together a comprehensive information packet for members to get educated before their annual meeting last September. The members were asked to vote on whether or not CVEC should form a new broadband subsidiary and embark on a new phase of life.

“We got the word out, and we had a record attendance at our annual meeting. We’ve never had that many members show up before,” Cullimore said. “I think we only had 12 ‘no’ votes out of all the [more than] one thousand people that showed up.”  

A bill dedicating $150 million of anticipated federal funding to create a new state broadband office to coordinate and accelerate the expansion of high-speed Internet access throughout Vermont passed the State House of Representatives last week with overwhelming bipartisan support.

On March 24th, the Vermont House approved H.B. 360 by a vote of 145-1, backing the creation of the Vermont Community Broadband Authority. If the bill becomes law it would help fund and organize the deployment of broadband infrastructure between Vermont’s nine Communications Union Districts (CUDs) and their potential partners, which include electric distribution utilities, nonprofit organizations, the federal government, and private Internet Service Providers (ISPs).

The bill was introduced in the state Senate last Friday, and discussed for the first time in the Senate Finance Committee on Wednesday.

Enabled by a 2015 law, CUDs are local governmental bodies consisting of two or more towns joined together to build communications infrastructure. They were established to create innovative solutions to build broadband networks and provide a combination of Fiber-to-the-Home and fixed wireless Internet connectivity in their respective territories across Vermont, especially in areas where incumbent ISPs fail to provide adequate service. 

Vermont’s CUDs, which have called for federal funding assistance since the onset of the pandemic, are ideally positioned to distribute funds in a way that will provide reliable and high-performance Internet access to every nook-and-cranny of the state. Vermont’s active CUDs have already constructed deep pockets of fiber.

Whether or not the CUDs will be able to reach the state’s goal of delivering universal 100/100 Megabits per second (Mbps) Internet service by 2024 now rests in the hands of Vermont’s Senate, Congress, and the Biden Administration as state and federal lawmakers wrestle with how to best expand access to broadband.

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.

Although Tennessee is one of 19 states in the nation with laws that limit municipal broadband networks, it is also home to several of the nation’s premier municipal Fiber-to-the-Home (FTTH) networks, including EPB Fiber, a division of Chattanooga’s city-owned electric and telecommunications utility.

In the Volunteer State, municipal electric providers are restricted from offering Internet service on fiber networks beyond their service areas. But now, Knoxville, a city of approximately 187,000 residents and the home of the University of Tennessee, is aiming to get on the community fiber track and become the state’s next gig city.

Earlier this month, the Knoxville Utilities Board (KUB) Board of Commissioners approved a business plan that, if approved, will set the utility on a path to bring high-speed Internet connectivity to its more than 468,000 customers spread out across Knoxville, Knox County, and small parts of seven neighboring counties.

The plan has been sent off to the Tennessee State Comptroller office for review, one of the initial steps in the process to bring triple-play services (Internet, phone and TV) to its broadband-hungry customers.

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A Need for Speed