As Mayors must concern themselves with everything from public safety and health to the development of the local economy and the provision of essential municipal services, they tend to have a particular focus on the infrastructure necessary to support it all, amid a cacophony of competing interests.

Over the summer, having reached consensus on the fundamental importance of “the digital infrastructure of tomorrow,” a particular focus of the United States Conference of Mayors 88th National Annual Meeting was to issue a resolution declaring the necessity of “Preserving Local Public Rights-of-Way and Regulatory Authority to Most Effectively Deploy 5G Broadband Access and Bridge the Digital Divide during the COVID-19 Pandemic.”

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The Mayors’ resolution comes in response to the Federal Communications Commission’s (FCC's) 2018 preemption of local governments’ authority to regulate 5G infrastructure in their cities. 

At the heart of the regulatory debate: local governments’ ability to determine the amount of fees to charge mobile carriers that want to place 5G equipment in Rights-of-Way. In addition to putting limits on those fees, the FCC Order also sets strict timelines by which cities and towns must respond to carrier applications. The FCC decision, issued over the objections of industry observers and policy experts, essentially eliminates local communities’ ability to negotiate in order to protect their own Rights-of-Way and the poles, traffic lights, and other potential structures within those Rights-of-Way.

Preempting Local Authority

Another year of the Broadband Communities annual summit is behind us, and it’s worth revisiting the most salient moments from the panels that touched on the wealth and variety of issues related to community broadband regulation, financing, and expansion today and in the future. We weren’t able to make it to every panel, but read on for the highlights.

Last Mile Infrastructure and the Limits of CARES Funding

The first day of the program saw some heavyweight sessions from Coalition for Local Internet Choice (CLIC) on last mile digital infrastructure. For communities at all stages of broadband exploration and investment — whether exploring an initial feasibility study, putting together an RFP, or already planning for the future by laying conduit as part of other projects — partnerships dominated the discussion, with timing and debt also serving as common themes. 

ILSR’s Christopher Mitchel helped kick off the conference by moderating the first panel in the Rural/Editor's Choice track, and was joined by Peggy Schaffer from Maine's Broadband Office (ConnectME), Monica Webb from Internet Service Provider (ISP) Ting, and Roger Timmerman, CEO of Utah middle-mile network UTOPIA Fiber. 

The group discussed the open access models to start, and the benefits that could be realized from two- or three-layer systems. UTOPIA Fiber has seen some explosive growth and spearheaded significant innovation recently as it continues to provide wholesale service to ISPs that want to deliver retail service on the network. Ting, which recently signed on to be one of two providers on SiFi Network’s first FiberCity in Fullerton, California, also acts as an example of what can happen when we break away from thinking about infrastructure investment and Internet access as one-entity-doing-it-all.

In the city of Fullerton, California (pop. 140,000), privately owned infrastructure builder and operator SiFi Networks has turned on the first section of what will be a city-wide, open access Fiber-to-the-Home network. The project makes Fullerton SiFi’s first FiberCity — a privately built, financed, and operated open access network it plans to duplicate in more cities across the country in the future. When complete next fall, the Fullerton FiberCity network will pass every home and business in the city, with the company's subsidiary, SiFi Networks Operations, selling wholesaling capacity to as many Internet Service Providers (ISPs) as want to enter the market. 

A Different Approach

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SiFi’s FiberCity model remains somewhat unique in the United States, and is much more common in Europe and Asia. CEO Ben Bawtree-Johnson attributes their success to cracking the economic code for private investment in open access information infrastructure, which has seen more attention in recent years as investors and fund managers have seen opportunities. “[O]ur vision really is to create as many last-mile fiber optic networks as we can across the USA in a long term sustainable fashion,” Bawtree-Jobson remarked on an episode of the podcast last fall. “[W]e're all about long term, dry, low yielding, risk mitigated investments, so everything we do is based around 30-year plus type investments.”

Milwaukee County, Wisconsin, is currently experiencing firsthand the consequences of the Federal Communications Commission’s (FCC's) 2018 preemption of local governments’ authority to regulate 5G infrastructure in their cities. With its initial handful of applications for new small cell transmitters just submitted to the county board by Verizon under the new rules, local officials are grappling with a host of limitations — including fee caps, shorter timing windows, and right of way exemptions — which outline clearly a problem more and more communities will face in the coming months and years.

Less Say, Less Money

We pointed out when the FCC handed down the order in the fall of 2018 that it represented a significant giveaway to wireless carriers while placing additional restrictions and financial burdens on local regulators, most of which are county boards and city departments. Among the most troublesome of the order’s provisions are new 60- and 90-day approval windows for the installation of infrastructure on existing and new wireless facilities, a limitation to annual fee scales for small cell sites set between $100-250, a right now enjoyed by wireless providers to place infrastructure on municipally owned poles and traffic lights, and a rule that says if regulating authorities don’t get to an application within 60 days it automatically becomes approved. The 9th U.S. Circuit Court of Appeals upheld the fee cap in a ruling last Wednesday.

I have been tracking from afar local grassroots efforts in Cambridge, Massachusetts, to start a municipal broadband network for years. I've visited them locally and spoken to various people from citizens to elected officials about the different options. The following are my observations. I'm not trying to channel their thoughts on how to move forward.

Cambridge is a high-tech city with nearly ubiquitous coverage from Comcast, delivering more or less the same services they offer to millions of homes — which is too say mostly reliable and high-cost Internet access (that will be still higher cost next year and the next after that). In the case of Comcast, it comes with crippled upload speeds compared to fast download capacity. Customer service is . . . well, you do your best to never have to use it.

But with MIT and Harvard within its confines, many in Cambridge are well aware that Internet access can get so much better and not be mediated by a company willing to spend millions in D.C. to preserve its right to set up tollbooths for certain kinds of content if they so choose.

However, Cambridge is remarkably similar to Palo Alto, which is also home to high tech households that mostly use Comcast cable and sometimes have the option of AT&T fiber. And in both instances, there is a strong case for some kind of municipal network that would create more local Internet choice. Both appear to have significant support in the community for a public option. But both also have city staff that have decided to prevent any meaningful investment.

They have run into the challenge that Seattle also wrestled with. These high profile cities have refused to consider creative, incremental, and targeted efforts. Instead, they have focused almost entirely on the costs of duplicating Chattanooga or Wilson, where the community built the entire citywide at once with debt-financed capital.

In Cambridge, the city council is rebelling after having been stymied by a city manager that has successful resisted efforts to study municipal broadband for years.

The Blandin Broadband Communities (BBC) program from the Blandin Foundation has been helping local cities, counties, tribes, and other self-identified communities of interest or place take steps to meet technology goals since 2013. The foundation is once again seeking participant communities and is accepting applications to be part of the 2020-2021 program cohort.

Download the BBC Application Instructions here for more information on how to apply to the program. The application deadline is January 24th.

Helping Communities Meet Their Goals

Bernadine Joselyn, Director of Public Policy and Engagement at the Blandin Foundation alerted us to the search for participating communities. In an email, Bernadine stated:

This program emphasizes broadband adoption and use in rural communities through the provision of leadership and project development facilitation services as well as project funding of up to $75,000. Project examples include public Wi-Fi access, business technology assessment and training, workforce training, online community and business marketing, online government services and other community generated projects. Communities are required to create a steering team to oversee the effort over the 18-24 month program period 

For communities that have quality broadband services in place, this program can showcase the value of broadband network deployment. For communities working to improve their broadband networks, Blandin Broadband Communities can provide a platform for building community consensus that enhanced broadband networks are critical to a community’s future.

Working for Other Communities Across Minnesota

Innovation today requires a high-speed Internet connection, and in rural areas, that often means a fiber optic network owned by a local government, a cooperative, or a local business. It’s no surprise then that when the Rural Innovation Initiative was looking for rural communities with good connectivity and an interest in innovation-based economic development, it turned to cities served by locally owned broadband networks. Out of the nine communities initially selected to participate in the Rural Innovation Initiative, more than half have a local Internet access provider instead of a national ISP.

Initiative Bridges Rural Opportunity Gap

The Rural Innovation Initiative is a new program created by the Center on Rural Innovation (CORI) and Rural Innovation Strategies, Inc. (RISI), with funding and support from the U.S. Economic Development Administration (EDA). Launched at the end of last year, the initiative works to “bridge the opportunity gap in rural America by helping communities build the capacity to create resilient, innovation-based jobs.”

For the first part of 2019, CORI and RISI selected nine cities and community partners to take part in what they describe as a “fast-paced technical assistance sprint,” which will help participants develop innovation hubs as an economic development strategy. The initiative will also prepare communities to apply for federal funding opportunities, such as EDA’s Regional Innovation Strategies program. More than 100 rural communities from 40 states applied for the program, which is free for participants. Selection criteria included location in a census-designated rural county, access to New Market Tax Credits and Opportunity Zones, partnerships with higher education and local nonprofits, and existing high-speed broadband networks — Fiber-to-the-Home (FTTH) in particular.

CORI and RISI, in partnership with EDA, will offer further technical assistance to communities through the Rural Innovation Initiative after this initial project complete. To learn more, watch a webinar about the program from December 2018.

Senator Janice Bowling has become a broadband hero in rural Tennessee and on the pages of MuniNetworks.org. Year after year, she introduces legislation aimed at expanding local authority to allow communities the ability to improve connectivity. She’s back this year with several bills aimed at expanding fiber in rural areas. 

Seeking Better Connectivity…That’s All

Like Bowling’s past legislation, related bills SB 489, SB 490, and SB 494 grant municipal electric utilities the authority “to provide telecommunications service, including broadband service” and specifies that they can do so beyond their electric service area. This change in the current law would allow places like her own community of Tullahoma to expand to serve neighboring towns. There is no fiscal impact from the Senator’s bills.

Bowling has seen firsthand how access to fiber optic infrastructure, such as Tullahoma’s LightTUBe, lifts economic development, improves educational opportunities, and helps a local community reduce costs. The city has thrived since investing in the network in 2009, while many of the communities that have had to rely on subpar service from the larger incumbents have limped along. 

SB 489 also extends authority for municipalities to collaboration for telecommunications and broadband service, to ease any uncertainty about public-private partnerships.