Community broadband advocates have scored a major victory in Minnesota as state lawmakers there have repealed the state’s preemption laws that prevented cities and towns in the Land of 10,000 Lakes from providing municipal broadband services.

The new legislation, signed into law yesterday by Gov. Tim Walz, took aim at two statutes that sought to protect large monopoly telecommunications providers from competition.

New Law Unwinds Antiquated Statutes

One antiquated law that had been on the books for over a century (Minn. Stat. Ann. § 237.19) allowed municipalities in Minnesota to buy or construct “telephone exchanges” only if they secured a supermajority vote in a local referendum election. Though intended to regulate telephone service, the way the law had been interpreted after the invention of the Internet was to lump broadband in with telephone service thereby imposing that super-majority threshold to the building of broadband networks.

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Another law (Minn. Stat. Ann. § 429.021(19)) gave municipalities the express authority to “improve, construct, extend, and maintain facilities for Internet access” but only if a private provider was not offering service in that municipality.

But this week, with a single omnibus bill (SF 4097), those old preemption laws were repealed by state legislators and signed into law by the Gov. Walz yesterday, officially paving the way for any municipality in the state to have the option of building networks to offer municipal broadband service or partner for the same.

With a 3-2 vote along partisan lines, the FCC has restored both net neutrality–and its Title II authority over Internet access providers. It’s just the latest chapter in a multi-decade quest to try and prevent national telecom monopolies from abusing their market power to undermine competitors while nickel and diming American consumers.

“Consumers have made clear to us they do not want their broadband provider cutting sweetheart deals, with fast lanes for some services and slow lanes for others,” FCC boss Jessica Rosenwocel said in a statement.

“They do not want their providers engaging in blocking, throttling, and paid prioritization. And if they have problems they expect the Nation’s expert authority on communications to be able to respond,” Rosenwocel added.

Smaller ISPs and municipalities worry that the new rules saddle them with burdensome regulations as a punishment for the sins of much larger companies. But the FCC, state leaders, and consumer groups insist the rules should be a net benefit all the same.

The final rules require that ISPs be transparent about any restrictions on consumer broadband lines. They also prohibit ISPs from extorting content and service companies looking to maintain high-quality performance on telecom networks, and prohibit telecoms from undermining online competition by creating pay-to-play “fast lanes.”

Telecom monopolies have hoovered up the lion’s share of $214 million recently doled out by the Pennsylvania state Broadband Infrastructure Program (BIP), with cooperatives, smaller ISPs, and community-owned networks left largely out in the cold.

It’s not a surprising move for a state long considered politically hostile to community-owned and operated broadband networks, though industry experts say this latest round of awards was particularly egregious when it comes to dodgy politics and its total lack of any real transparency.

According to an announcement by the Pennsylvania Broadband Development Authority (PBDA), this $204 million in Broadband Infrastructure Program (BIP) grant awards will help fund 53 projects in 42 counties across Pennsylvania, connecting 40,000 homes and businesses, bringing high-speed Internet to over 100,000 Pennsylvanians.

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The awards were funded with the state’s Capital Projects Fund allocation. After matching funds by winning bidders are included, the total broadband investment is expected to exceed $407 million. A complete breakdown of all grant award winners can be found here.

Verizon was the biggest grant award winner, nabbing $78.3 million. Other big grant award winners were Comcast ($61.7 million), Windstream ($12 million) Frontier ($3.5 million) and Brightspeed ($782,000). A few small private ISPs also won awards including Adams Cable ($387,969) Upward Broadband ($1,476,288) and Alleghenies Broadband ($1,809,524).

Newark, New Jersey is taking full advantage of its city-owned fiber network to expand affordable broadband access – with a particular eye on helping the city’s least fortunate.

Driven by past successes with city-owned fiber and Wi-Fi, Newark has announced the city is significantly expanding the availability of $20/month broadband service to numerous Newark Housing Authority (NHA) apartment buildings.

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This latest partnership with Adrena leans heavily on Newark Fiber, a 288-strand city-owned fiber network. Launched in 2016, the network has steadily been expanded to connect anchor institutions. But it’s also been a cornerstone of the city’s efforts to revitalize and assist many lower income – and long neglected – Newark neighborhoods.

“Nine percent of Newark families lack computers and about 20 percent of the city doesn't have an in-home broadband connection,” Aaron Meyerson, Chief Innovation Economy Officer & Director of Broadband for the City of Newark told ILSR.

Whether it's supporting municipal broadband projects, fostering public-private partnerships, or advocating for laws and policies to improve local Internet choice, for decades James (Jim) Baller has distinguished himself as a telecom attorney fighting for the rights of communities to decide their own digital futures.

This week, Baller’s trailblazing career was honored at the 50th Anniversary Gala of the Institute for Local Self-Reliance (ILSR) in Washington D.C. where he was presented with a Lifetime Achievement Award as ILSR celebrated a half-century of advocacy work to promote and sustain vibrant local communities.

“I am very grateful for this award, which highlights my dedication to informed local broadband choice,” Baller said in accepting the award at the Howard Theater. “Thank you to the Institute for Local Self-Reliance for this recognition and for emphasizing the positive impact of community-driven broadband initiatives.”

Introducing Baller to a packed theater, ILSR’s Community Broadband Networks Initiative Director Christopher Mitchell described him as “someone who has shaped our work and has meant a lot for the entire nation.”

Mitchell said not only has Baller worked with countless communities and clients across the country who have benefited from his expert legal advice, but went on to note Baller's legacy and leadership:

"Jim Baller worked on the first municipal broadband project, shaped many of the people organizing for better broadband, and has consistently worked on effective ways to improve Internet access for everyone.”

Currently serving as Senior Counsel with Keller and Heckman’s Telecommunications practice, Baller has long been a leading legal practitioner helping communities do the important nitty gritty work involved in providing better broadband – from the siting of wireless network facilities and managing rights-of-way to negotiating fiber network pole attachments and public private partnerships.

Construction on a new city-owned fiber network in Cabot, Arkansas will soon bring affordable broadband access to every city resident and business in the state’s “Strawberry Capital.”

The network comes courtesy of a partnership with Connect2First, the broadband subsidiary of local power company First Electric Cooperative Corporation, which continues to build on its significant presence across Arkansas.

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According to a city announcement, the $20 million network will deliver fiber access at symmetrical speeds of up to 10 gigabit per second (Gbps) via an XGS-PON network passing all 26,000 residents and businesses of Cabot using 220 miles of fiber.

The network, which is expected to take several years to complete, will be built on the back of resident-approved bonds, and won’t utilize state or federal funding.

Construction has already begun in this suburb of Little Rock where city officials say hundreds of residents have already been connected.

In announcing the beginning of construction, Cabot Mayor Ken Kincade said:

“This unique project is the first of its kind in the state of Arkansas where a municipality has built its own fiber network and partnered with a local ISP to provide high speed fiber optic internet services to its constituents. The City of Cabot is thrilled to be able to leverage the proven expertise of Connect2First, who already had a presence in the city and was currently serving surrounding areas.”

When a $25 million broadband funding award for the Colorado River Indian Tribe (CRIT) was announced in July 2023, CRIT Chairwoman Amelia Flores celebrated it as a “game changer.”

“Broadband access is essential,” Flores’s statement read, making “remote learning, telecommuting, conducting business, and simplifying staying connected” possible.

Coming amid a rolling series of announcements from the Tribal Broadband Connectivity Program – each lauding millions of dollars in broadband funding for Tribes – it would have been easy to file away CRIT’s award as another from that pathbreaking broadband funding program for Tribes.

But this was not the TBCP. Rather, CRIT was among a handful of Tribes that received substantial funding awards from another federal source that has recently stepped up their grantmaking to Tribes – the U.S. Department of Agriculture’s (USDA) ReConnect Grant Program, administered by the department’s Rural Utilities Service (RUS).

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CRIT’s award is a helpful reminder that TBCP is not the be-all-end-all of funding for Tribal broadband. With an award cycle now open, ReConnect offers powerful tools and incentives –  including dedicated Tribal funding, 100 percent grants, and consent for any new infrastructure on sovereign lands – for Tribes looking to expand or launch broadband service.

TBCP, ReConnect, and Federal Funding for Tribal Broadband Infrastructure

As the municipal broadband movement continues to gain momentum, we created a new fact sheet to highlight the dramatic surge in the number of communities building publicly-owned, locally controlled high-speed Internet infrastructure over the last three years.

In January, we announced our updated tally of municipal broadband networks across the U.S., which showed that between January 2021 and January 2024 at least 47 new municipal networks had been lit up for service.

Our census of new municipal broadband networks comes while dozens of other projects are still in the planning or pre-construction phase, which includes the possibility of building 40 new municipal networks in California alone.

The new fact sheet not only contains pertinent numbers to illustrate the rising tide of municipal broadband networks, it also includes snapshots of four recently launched networks now providing service to communities hungry for high-quality Internet connectivity and competitive choice.

You can find the new Rising Tide of Municipal Broadband fact sheet here.

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Community Broadband Resource Pairing

TBB11 marked an exciting development for the Tribal Broadband Bootcamps.

For this latest and newest iteration, TBB co-founder Matt Rantanen graciously permitted TBB to make a permanent fiber ring installation on his property, RantanenTown Ranch, last month. While TBB will continue to host bootcamps in partnership with Tribes in different regions of North America, the launch of this permanent broadband practice arena allows TBB to chart a new path towards even more in-depth and hands-on training.

Here is a photo-filled look at the many days of prep and three days of immersive programming that went into making it happen.

“Just the fact that we saw the fiber model in its open aspect with all the drama and issues right in front of us; my friends is the best learning methodology!” – TBB 11 Attendee

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Ready or Not

Of course, building an entire, operating fiber network across RantanenTown Ranch was a massive undertaking that involved a lot of prep work.

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The Rural Digital Opportunity Fund (RDOF) was supposed to drive affordable fiber into vast swaths of long-underserved parts of rural America. And while the FCC administered program accomplished some of that goal, a multitude of problems have plagued the program since its inception, putting both current and future broadband funding opportunities at risk.

The $20.4 billion RDOF program was created in 2019 by the Trump FCC as a way to shore up affordable broadband access in traditionally unserved rural U.S. markets.

The money was to be doled out via reverse auction in several phases, with winners chosen based on having the maximum impact for minimum projected cost.

During phase one of the program, the FCC stated that 180 bidders won $9.2 billion over 10 years to provide broadband to 5.2 million locations across 49 states and the Commonwealth of the Northern Mariana Islands.

But, according to ILSR data, roughly 34 percent of census blocks that won RDOF funding–more than $3 billion in awards – are now in default. All told, 287,322 census blocks were defaulted on by more than 121 providers as of December 2023.

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The defaults are only one part of a larger problem: namely that many communities bogged down in RDOF program dysfunction may risk losing out on the historic amount of federal funding to build modern broadband networks (BEAD) made possible by the 2021 bipartisan infrastructure law.

One Big Giant Mess