Lafayette Utilities System’s LUS Fiber subsidiary is taking the show on the road. Louisiana’s only publicly-owned broadband provider says it’s expanding access into nearby Church Point, bringing affordable fiber access to the town of nearly 4,200 residents.

LUS Fiber was awarded a $21 million grant to expand fiber outside of Lafayette as part of the U.S. Department of Commerce’s National Telecommunications and Information Administration’s (NTIA) Broadband Infrastructure Program (BIP).

“This expansion not only improves the lives of our residents but also enhances opportunities for businesses, education, and healthcare in our town,” Church Point Mayor Ryan ‘Spanky’ Meche said in a prepared statement. “LUS Fiber’s work here is a tremendous step forward for our community.”

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The expansion is part of a series of new broadband deployments that should bring more than one million feet of new fiber options to numerous new Louisiana communities, including Ville Platte, Venice, Mamou, and Basile. Church Point residents are currently able to start scheduling installations via the LUS Fiber website.

The deployments technically began earlier this year, starting with Ville Platte, which data indicates, currently has the fifth-slowest average broadband speeds in the continental U.S.

Like most of America, much of Louisiana is dominated by a handful of regional telecom monopolies that see little competitive incentive to compete on speeds, coverage, prices, or quality customer service.

As the federal government makes unprecedented investments to expand high-speed access to the Internet, unbeknownst to most outside the broadband industry is that nearly a third of the states in the U.S. have preemption laws in place that either prevent or restrict local municipalities from building and operating publicly-owned, locally-controlled networks.

Currently, there are 16 states across the U.S. (listed below) with these monopoly-protecting, anti-competition preemption laws in place.

These states maintain these laws, despite the fact that wherever municipal broadband networks or other forms of community-owned networks operate, the service they deliver residents and businesses almost always offers faster connection speeds, more reliable service, and lower prices.

In numerous cases, municipal broadband networks are able to provide low-cost or free service to low-income households even in the absence of the now expired federal Affordable Connectivity Program (ACP). And for several years in a row now, municipal networks consistently rank higher in terms of consumer satisfaction and performance in comparison to the big monopoly Internet service providers, as PCMag and Consumer Reports have documented time and time again.

Nevertheless, these preemption laws remain in 16 states, enacted at the behest of Big Cable and Telecom lobbyists, many of whom have ghost written the statutes, in an effort to protect ISP monopolies from competition.

The Infrastructure Law Was Supposed to Move the Preemption Needle But …

Ruston, Louisiana officials say they’re throwing in the towel, and will be selling a city-owned fiber network that has existed for the better part of 15 years.

City officials say they finalized the decision at a city council meeting earlier this month, though they’d already sent out a Request for Proposal (RFP) for potential bidders as early as February.

The network was first constructed back in 2010, and consists of over 136 miles of fiber connecting roughly 300 area businesses. The network doesn’t currently service residential customers, though that could change under new ownership.

The city had briefly considered expanding the network in 2018, but scrapped the idea two years later. Ruston Mayor Ronny Walker tells the Lincoln Parish Journal that numerous factors went into the city’s decision, including new broadband construction currently being funded by a historic new wave of federal broadband infrastructure subsidies.

“Six years ago we did a study and thought about getting into the private/home internet service,” Walker said. “We were moving along that track and then four years ago, when the federal government starting putting so much money into broadband across the United States — billions of dollars to the state of Louisiana — that’s when we decided as a staff it was time to exit that business because there were so many other large companies doing that.”

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Like countless communities, Ruston sees little meaningful broadband competition. Cable giant Optimum enjoys a monopoly over broadband access across much of the city, with AT&T DSL and fiber scattered across some neighborhoods. This muted competition has resulted in spotty access, slow speeds, high prices, and substandard customer service.  

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

In the quest to unlock billions of dollars in broadband infrastructure money, Louisiana and Virginia have outpaced all other states in the speed with which they are dispatching the BEAD program’s requirements. Louisiana was the first to complete the challenge process and is still the only state to have received approval for Volume 2 of its initial proposal. Virginia, meanwhile, has completed their challenge process but now appears locked in a battle with the NTIA over the low-cost plan parameters they intend to set. 

Information is trickling out about the challenge process in both states. We know that Louisiana received a reported 110,00 challenges and Virginia even more, counting 130,000 before the challenge window had even closed. It will be interesting to learn about challengers’ experience with the process, particularly for those nonprofits and local governments which have less experience with broadband mapping and data reporting. In the meantime, the states’ mandatory challenge process disclosures can give us some preliminary insight into how the challenge process is being used.

Two Maps Show Current Status of Challenge Process

NTIA guidance stipulated some transparency requirements for the post-challenge process that we are now beginning to see play out. Louisiana's and Virginia’s maps now show data on the challenges made during the process - who challenged the designation, what type of challenge they made, and, if available, the results of the adjudication process. (NTIA guidance requires “a summary of the challenge” and “a summary of the rebuttal,” which suggests slightly more detail than the maps provide.)

The key for states to unlock their portion of the $42.5 billion in federal BEAD funds is the submission and approval of their Five Year Action Plans and Final Proposal. The infrastructure law requires states to first file an action plan, and then prepare more detailed Initial Proposals, allowing residents and stakeholders to submit public comments.

So far, 14 states have filed their Five Year Action Plans with the National Telecommunications and Information Administration (NTIA), the Treasury Department agency in charge of allocating the funds to each state and U.S. territory. According to the NTIA’s website, Maine, Louisiana, Delaware, Georgia, Hawaii, Idaho, Kansas, Montana, North Carolina, Ohio, Oregon, Pennsylvania, Utah, and Vermont have all filed their draft Five Year Action Plans.

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The states that are now in the process of completing their Initial Proposals include: Delaware, Kansas, Louisiana, Montana, Ohio, Tennessee, Vermont, Virginia and Wyoming.

Today, we will look at two states (Maine and Louisiana) and follow up with the others as we are getting a clearer picture of how each state intends to put this historic infusion of federal funds to use.

Maine

Sometimes local coalitions can beat Goliath.

In July of 2022, Louisiana Gov. John Bel Edwards and several state lawmakers visited Lake Providence in East Carroll Parish to announce the community had secured a $4 million grant to build a fiber-to-the-home (FTTH) network in one of the most poorly connected parts of the state.

But, as we first reported here, the monopoly cable provider Sparklight (formerly known as Cable One) filed a challenge to the grant claiming the cable company already serves 2,856 homes there. Following Sparklight’s multi-state campaign to prevent competition in areas where the company operates, the challenge brought the project to a grinding halt, sparking Delta Interfaith to leap into action. With the help of allied organizations, the coalition was able to secure a major victory for community broadband in rural Louisiana.

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The Power of Community-based Coalitions

Residents of East Carroll Parish are “cautiously celebrating” the decision by Louisiana’s Office of Broadband Development and Connectivity to uphold a $4 million GUMBO grant to bring fiber-to-the-home (FTTH) Internet service to over 2,500 households in one of the most poorly connected parts of the state.

As we reported last month, the grant had been challenged by the regional monopoly cable provider Sparklight after the state had awarded the grant to Conexon. The challenge, which claimed the cable company already serves 2,856 homes in the region, brought the project to a grinding halt on the same day residents were set to launch a sign-up-for-service event.

News that the challenge was rejected brought a sigh of relief to members of Delta Interfaith, a coalition of congregations and community-based organizations in the Louisiana Delta pushing for better broadband. Coalition members had formed an Internet task force during the Covid-19 crisis as families struggled to get access to reliable broadband.

The community and elected officials were elated when Conexon, an independent rural Internet provider, was intially awarded the grant in July – only to be frustrated when they learned of Sparklight’s challenge. Concerned that Sparklight (formerly known as Cable One) was simply gaming the state’s grant challenge process in an effort to stave off competition, community members initiated a letter-writing campaign to bring light to the challenge and pressure state officials to resolve the challenge as soon as possible.

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Sparklight 'Failed to Carry Its Burden of Proof'

The National Telecommunications and Information Administration (NTIA) announced earlier this week that Louisiana will be the first state in the nation to receive federal grant planning funds to help states prepare for the deployment of high-speed Internet infrastructure and digital skills training under the Biden Administration’s “Internet for All” initiative.

Enabled by last year's passage of the Infrastructure Investment and Jobs Act (IIJA), the $2.9 million heading to the Pelican State is from the Broadband Equity Access and Deployment (BEAD) program and the Digital Equity Act (DEA) – a development Commerce Secretary Gina Raimondo said was a signal that “the Internet for All initiative is on track and on schedule.”

Over the coming weeks, every state and territory will have funding in hand as they begin to build grant-making capacity, assess their unique needs, and engage with diverse stakeholders to make sure that no one is left behind. My thanks go to Governor Edwards and his team; Louisiana was among the first to sign onto Internet for All and to apply for funding, and I know they’re ready to get to work for the people of Louisiana.  

According to NTIA’s press announcement, $2 million of the planning funds being allocated to Louisiana come from the BEAD program and will help the state: