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Community Broadband Legislation Roundup – March 29, 2021

 

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.

Knoxville Knocking on Door to be Tennessee’s Next Gig City

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

Franklin, Kentucky Expands Fiber Pilot Partnership with Recent RDOF Wins

Franklin, Kentucky’s (pop. 8,400) electric utility is gearing up for an expansion of its partnership with Warren Rural Electric Cooperative Corporation (WRECC) with the help of $2.3 million from the recent FCC Rural Digital Opportunity Fund (RDOF). The new partnership will allow Franklin EPB to add new service to roughly 250 locations adjacent to a current project in the area.

The expansion project will add subscribers in the northeast region of Simpson County and nearby parts of the city of Franklin in the south-central part of the state, where the two entities are operating a two-area fiber pilot.

Old Town-Orono Fiber: Poetry in Slow Motion

Born in Orono, Maine, the poet Frances Laughton Mace’s most notable verses were published in 1854 as a hymn entitled “Only Waiting.” Over a century and a half later, residents in her native town – and in the neighboring community of Old Town just four miles up the road – might be inclined to hum a line or two. Not because they are getting religion, but because of the wait in getting Fiber-to-the-Home (FTTH) Internet connectivity.

After a decade of hopeful planning, disappointing setbacks, design work, and putting out multiple RFPs to move the project forward, the nonprofit OTO Fiber Corporation is on the verge of lighting up a six-mile fiber network this summer. With three miles of fiber deployed in Orono, a town of 11,000 residents and home to the University of Maine’s flagship campus, and the other half covering a portion of Old Town, the budding network will provide FTTH service to a limited number of residences and businesses in both towns. It’s a pilot project that, if successful, will serve as a core network which can eventually be extended to cover the entirety of both communities.

“It’s taken us forever to get to this point it seems. We started this process ten years ago and we are still slogging our way through while we’ve seen other communities zip ahead,” Belle Ryder, Orono Assistant Town Manager and President of OTO Fiber, told us this week. “It is really, really, really hard for communities relying on volunteers to pull off the feat of building and operating these networks.”

Ryder wasn’t complaining or exasperated. She was just being candid about the process she and her colleagues at OTO Fiber are committed to see through to the finish. The slog she is referring to goes back a decade when Orono was in the process of putting together a comprehensive development plan.

Families and Fiber, Fits and Starts

With just about half of the town’s population made up of college students living in off-campus apartments and the other half made up of residents 60 and older, “we really needed to draw families back,” Ryder explained. 

Lighting Up the Dark (Fiber) in Jacksonville

Is a major metropolitan Fiber-to-the-Home (FTTH) network on the horizon for one of the Sunshine State’s most populous cities?

Longtime Jacksonville, Florida (pop. 890,000) resident Eric Geller is spearheading a citizen-led effort to rally residents and officials around a vision that would catapult Jacksonville into the fiber-connected frontier of Internet access and reinvigorate the economy of a city that was once known as the "Bold New City of the South."

As an IT consultant and former public policy research analyst, from Geller’s tech-savvy perspective the key is for the city’s utility company, JEA, to move beyond providing electricity, water, and sewer services and expand into building the necessary Internet infrastructure that would give all Jacksonville residents access to reliable and truly high-speed connectivity.

“Nationally, it’s been well accepted that we are at a point where the Internet is absolutely mandatory. Every business and home has to be connected,” Geller said in a recent interview with WJCT Radio, noting how the pandemic has made it clear that universal access to broadband is nearly as important as running water and electricity.

JEA’s Dark Fiber Infrastructure

If it’s a pipe dream, it’s one with light at the end — if Jacksonville residents can first see and appreciate all the dark. That is to say, the city’s existing dark fiber network, or the unused capacity of the fiber optic cables JEA has already deployed and how it could be leveraged and lit up to serve as the backbone for a citywide FTTH network.

JEA already leases routes to businesses along its 500-mile fiber optic network spanning the Jacksonville metropolitan area, which includes all of Duval Country and parts of St. Johns and Nassau Counties. In fact, with all that underground (and overhead) fiber already in place, Jacksonville can boast of having “more fiber in the ground than any city in Northeast Florida,” much of it passing through vital commercial and industrial parts of the city.

Broadband Comes Ashore on Block Island

The streaks of paint and tiny white flags popping up across Block Island are not signs of surrender. They are signs of progress. The popular summer tourist destination, nine miles off the coast of Rhode Island, is on the verge of building a Fiber-to-the-Home (FTTH) network, bringing gig-speed Internet connectivity to the more than 1,000 residents who call the community home.

The markers on residents’ property are plot points along the construction route as network planners prepare to start building the last-mile portion at the end of March.

On Feb. 4, BroadbandBI launched its website, announcing that the construction materials had finally arrived on the Island and signaling the start of construction would soon be underway. 

Sertex, the company partnering with the town to build the network, is anticipating deploying more than 60 miles of fiber to deliver high-speed Internet service directly to homes and businesses in New Shoreham, the only town on Block Island.

Pop the Champagne

Residents there unanimously voted in July 2020 to pay for the construction of the island-wide network with $8 million in bonds. Approval for the project was so overwhelming that when the vote took place the Block Island School gymnasium erupted with cheers and applause.

Currently, there are still only three options for Internet service on the Island: Verizon DSL, satellite, and mobile services with the fastest speed advertised at 35 Megabits per second (Mbps). And for a period of time, it seemed as if residents were doomed to those tortoise-like speeds forever.

In 2014, the Block Island Times captured experiences from its readers after an especially frustrating summer of spotty service. One reader, Jessica Fischburg wrote, “We have Verizon and live down in Franklin Swamp. No cell service. Our Internet is painfully slow unless you wake up super early. We have no choice but to disconnect when we come out to the island!” 

The Answer Was Blowing in the Wind

Outside Gettysburg, A Battle for Better Broadband

In the heart of Adams County, Pennsylvania, not far from the site of the pivotal Battle of Gettysburg and where President Abraham Lincoln later delivered his famous 1863 Gettysburg address declaring “a new birth of freedom,” plans are being drawn up in the battle for better broadband.

In the borough of New Oxford, ten miles east of the county seat (Gettysburg), the non-profit media group Community Media of South Central Pennsylvania is leading the charge to bring Fiber-to-the-Home (FTTH) victory for the approximately 102,000 residents spread out across the rural county’s 520 square miles.

But with restrictive state laws that protect incumbent providers from competition by not allowing municipalities to provide broadband service, and scarce funding for non-governmental entities to build broadband infrastructure, victory is far from certain.

Small Steps, Big Broadband Problem

The goal right now, Community Media’s Director of Operations Mark Wherley told us this week, is to secure $3 million to bring fiber access to 1,200 homes in New Oxford and Abbottstown, two of the 34 municipalities that make up Adams County, encircling Gettysburg.

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Working in conjunction with the Adams County Economic Alliance, Community Media is looking to tap the state’s Redevelopment Assistance Capital Program (RACP) for funds to start building the network. Through RACP, Community Media would be eligible to receive between $1 million and $5 million, provided they are able to raise a 50 percent matching contribution.

Weaving a Fiber Net Through Oregon’s Silicon Forest: Hillsboro’s Municipal Network Goes Live

HiLight — Hillsboro, Oregon’s (pop. 105,000) citywide Fiber-to-the-Home (FTTH) network — has officially launched and begun connecting its first subscribers. After five years of consideration and planning, it’s an exciting moment, with hundreds of homes and businesses brought online over the last few months. Over the next seven years, at least $28 million will be put towards the rollout, bringing the municipal network to tens of thousands of locations across the city.

Hillsboro sits just outside of Portland, and has been looking for better connectivity options for years. A large proportion of its population is comprised of tech workers and residents with advanced degrees; the city, in fact, anchors the state’s Silicon Forest, so named for the group of technology firms employing tens of thousands of workers across three Intel campuses as well as operations by Oracle, Salesforce, Epson, and Synopsis. A citywide fiber network serves to provide competition and capacity to keep them in the area:

Hillsboro is the tallest tree in the Silicon Forest and the center of Oregon’s high-tech cluster. With an affordable high-speed network, Hillsboro’s homegrown talent — our students and entrepreneurs — will be better positioned to lead the world in innovating for the future. Hillsboro will continue to attract and retain talent and be a hub for innovation.

But Hillsboro also faces a stark digital divide fueled by economic inequality, and bridging it has been one of the city council’s (and now the network’s) main agenda items. This has driven the project’s second focus: bringing affordable, high-quality access to economically vulnerable residents stuck with no quality options today. It’s why the city has introduced one of the fastest low-cost access program we’ve seen established by any broadband network in the United States, with qualifying families getting access to symmetrical gigabit service for $10/month.

Putting Glass in the Ground

Cullman Electric Cooperative’s Superspeedway

The Talladega Superspeedway isn’t the only place in Alabama showcasing blazing fast speeds. A little more than an hour north of the famed NASCAR venue, the Cullman Electric Cooperative is racing to build a new Fiber-to-the-Home (FTTH) network, bringing gig-speed Internet connectivity to the cooperative’s 44,000 member-owners spread out across Cullman, Winston, Morgan, and Lawrence counties in the north-central part of the state.

In June 2020, Cullman Electric Co-op officials waved the green flag, announcing the start of network construction for Sprout Fiber Internet. Seven months later, having hung 120 miles of the mainline fiber ring, Sprout Fiber’s first paying customer went online in Berlin, the first town in the cooperative’s service area to be connected to the fiber network.

“This truly is a historic moment, much like when the first residents in the region received electricity. This technology carries the same potential to improve the quality of life for our members,” Cullman Electric Cooperative CEO Tim Culpepper told The Cullman Times as the 85-year-old electric cooperative began connecting customers with a need for high-speed Internet service.

‘Crazy Fast’ Game Changer

Alabama State Representative Randall Shedd (R-Fairburn), who helped advance legislation allowing electric cooperatives to provide Internet services to its members, called Sprout Fiber “a game changer for our area, economically.”

Digging IT in Dayton, Texas

DayNet, a new Internet utility emerging in Dayton, Texas, is looking to lasso a broadband-minded boss for this small East Texas city of approximately 7,200, about 37 miles east of Houston.

Applications are being accepted for a Broadband Manager/Head Network Engineer to oversee the business and technical operations of DayNet as the city has begun construction of a citywide Fiber-to-the-Home (FTTH) network.

In addition to hiring a Broadband Manager/Head Network engineer, the city is banking on the project to “increase competition and choice . . . while having a positive impact on economic development, education, and the technology amenities that are available to citizens and businesses.”

Good Credit, Better Broadband

To finance the construction, the Dayton City Council approved a $13.7 million bond issuance at a 2.56% interest rate, thanks to the city’s rising credit rating. Network construction began at the start of the year. And when the network is fully built, which is expected to be complete by 2023, 110 miles of fiber will criss-cross the city’s 11 square miles, passing every home, business, and anchor institution in Dayton.