The failure of policy and leadership at the federal level in addressing the digital divide was ever more clearly exposed as Covid-19 restrictions were put into place last spring. And, as the pandemic continues to rage, daunting connectivity challenges remain. 

Yes, the Connect America Fund (CAF) II program has doled out over $11 billion since 2015 in subsidies to the big telcos like AT&T, CenturyLink, Frontier, Windstream, and Consolidated ostensibly to upgrade rural broadband to speeds of at least 10/1 Megabits per second (Mbps). But, as Doug Dawson, president of CCG Consulting notes, it’s been a massive subsidy failure given that “even in 2015, it was ludicrous to spend money to build 10/1 Mbps broadband” – the same year the FCC defined broadband as 25/3 Mbps, which means “the FCC was investing in new Internet infrastructure in 2015 that didn’t qualify as broadband at the time of the award of funding.”

And there is reason to doubt that those subsidized upgrades were even completed, even as the FCC just extended the CAF II program for a seventh year.

So as states — and in many instances, local municipalities — step into the breach, the National Governors Association has released a new report that outlines a list of strategies governors can use to increase broadband access in underserved communities. 

Published just before Thanksgiving, the report first lays out the challenge:

According to the FCC, in 2018, at least 18.3 million people lacked access to fixed broadband in the United States that meets minimum [I]nternet access speed of 25/3. 1 Of those 18.3 million people, representing 6 percent of the total population, 14 million live in rural areas and 1 million live on Tribal lands, which amounts to 22 percent and 28 percent of those respective geographic populations [even as] studies have claimed that the FCC data is undercounting the number of people in the U.S. without fixed broadband access, and that the total may be as high as 42 million people.

One silver lining of the ongoing public health crisis is the chance to attend a wide array of virtual events which tackle aspects of community broadband expansion all across the country, in a variety of contexts. This week features three opportunities to hear about what’s going on in Minnesota, Michigan, and Virginia. Read on for details. 

Blandin Foundation Annual Conference

First up is Minnesota-based Blandin Foundation’s annual conference. It’s gone virtual for 2020, and the organization has taken it as an opportunity to shake things up. Instead of a three-day conference, Blandin is hosting four weeks’ worth of events starting Tuesday, October 6th, at 9am CST. 

The conference will feature a combination of panels with updates on everything from technology outreach to telehealth to efforts by community anchor institutions to stay connected, as well as mentoring sessions, regulatory and legislative updates, and feature presentations by leading voices:

If you live in the land of ten thousand lakes, your help is needed. The Minnesota Rural Broadband Coalition has launched a speed test initiative to collect much-needed data from everyone in the state so that lawmakers and stakeholders can better direct broadband expansion efforts now and in the future. Hop over to the speed test page and give them a hand.

Data, Data, Data

The Minnesota Rural Broadband Coalition (MRBC) — which is made up of over a hundred utilities, cooperatives, regional development commissions, nonprofits, private companies, and rural and urban interest groups — has worked for years with local communities and in the state capitol to advocate for more funds and help local communities address Internet access imbalances across the state. The initiative is the latest mark of their efforts, asking Internet users to input their addresses and how much they pay their Internet Service Provider (ISP) to get a better sense of speeds, availability, and prices. 

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To date, they’ve gotten results from a little over 15,000 tests in 11,000 locations. There are predictable problem areas in the northeast part of the state, and according to the map just under 7% of locations are unserved so far. Saint Louis, Itasca, and Carlton Counties account for the bulk of the tests outside of the metro area, though Minnesotans in Scott and Le Sueur Counties south of the 169 corridor are also putting up a strong showing. 

In response to the increased reliance on connectivity precipitated by the Covid-19 pandemic, the Minnesota Legislature is working on legislation to improve access to broadband, online education, and telehealth services throughout the state.

The Senate passed their version of the bipartisan funding bill, SF 4494, earlier this week, and the House has two similar pieces of legislation, HF 1507 and HF 3029, currently under consideration. If the bills are passed and signed into law, there would be a total of $20 million to $27 million (depending on how the different versions are reconciled) available in grants to support distance learning, telemedicine programs, and broadband deployment. Bill authors designed the legislation to prioritize the use of federal money for the grant programs before pulling from the state’s general fund.

Broadband Bills in House and Senate

The Minnesota Senate passed its version of the legislation, SF 4494, on May 4 in a unanimous vote. Representatives in the House have rolled the grant programs into a larger coronavirus relief package that is under consideration, HF 1507. This is in addition to keeping a separate House bill with the broadband funding provisions, HF 3029, alive in case HF 1507 fails to pass.

In September 2019, we interviewed Kathryn DeWit from the Broadband Initiative at the Pew Charitable Trusts about their State Broadband Policy Explorer. The tool documents state laws aimed at expanding broadband access. Now, the group has released a reported titled, How States Are Expanding Broadband Access, that examines developments in nine states where broadband availability has improved after implementing state efforts. The report dives into what those states are doing that works and makes recommendations to emulate those policies and repeat that positive trajectory.

Read the full report here.

All Hands on Deck

One of the primary discoveries from the report is that states are using many technologies and funding approaches to bring high-quality Internet access to those who have been left behind. Like other projects that involved multiple stakeholders and public funding, Pew learned that building broadband support and requiring accountability are factors that contribute to success.

Pew examined efforts in California, Colorado, Maine, North Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. They also looked at Minnesota, where the Border to Border Development Grant Broadband Program provides funding for projects in areas where connectivity is slow and unreliable or where people have no service options at all. In Minnesota, notes the report, the state has established measurable and increasing speed goals and allows funding to flow to a broad range of recipients, including local governments, rural cooperatives, tribal governments, and large corporate Internet access providers.

As state lawmakers debate in committee rooms and Capitol chambers around the country, various broadband and Internet network infrastructure bills are appearing on agendas. Some are good news for local communities interested in developing publicly owned networks while other preemption bills make projects more difficult to plan, fund, and execute. We've gathered together some notable bills from several states that merit watching - good, bad, and possibly both.

New Hampshire

For years, local communities were not allowed to bond to develop publicly owned broadband infrastructure in New Hampshire. Last year, the state adopted SB 170, which opened the door a crack so that municipalities can bond to develop infrastructure for public-private partnerships (PPPs) in "unserved" areas. This year, the New Hampshire General Court has the opportunity to push open the door a bit wider with SB 459.

SB 459 allows local communities to potentially define "unserved" areas themselves by putting more responsibility on Internet access providers. Municipalities must currently engage in a request for information process in which they must reach out to all Internet service providers operating in the community. SB 459, if adopted, would allow a community to consider areas "unserved" if a provider does not respond to such a request to clarify which premises are unserved. With the "unserved" designation, municipalities can bond to develop infrastructure to serve those premises.

The bill has bipartisan support and is scheduled for a March 11th hearing in the Senate Election Law and Municipal Affairs Committee. Read the text of SB 459 here [PDF] and follow its progress here.

Pennsylvania

If you're a regular visitor to MuniNetworks.org, you may also be someone ideally suited for a position we recently learned about with the Minnesota Department of Commerce. They're hiring a Telecommunications Analyst. The position application period is open until January 23, 2020, so now is the time to apply.

Check out the position posting here, where you can learn more about qualifications, salary, and benefits.

From the job summary:

This position performs a variety of tasks to fulfill the Department's statutory responsibilities with respect to the telecommunications marketplace. The telecommunications unit seeks to protect consumers from abusive tactics, and works to advance competition in a manner that is consistent with the public interest. The successful applicant will review new and existing telecommunications carrier petitions to determine compliance with statutory requirements and Minnesota rules.  The position will investigate problems experienced by consumers, and competitors in the marketplace; draft reports for actions before the Minnesota Public Utilities Commission; and enforce statutes, rules and Commission orders.

Good luck and remember, the application deadline is January 23, 2020.