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 …

As ILSR continues to support local communities in solving Internet connectivity challenges, the Community Broadband Networks (CBN) team has kicked off a new initiative deep in the heart of Texas we are calling the Digital Opportunity Lab.

It mixes elements from the on-going Tribal Broadband Bootcamps with ingredients from CBN’s community engagement work to create a customizable-program in support of digital equity coalitions and community leaders amid a national effort to unlock the participatory benefits of broadband for all.

“Our focus isn’t on telling communities what they should or shouldn’t do,” ILSR Community Broadband Networks Director Christopher Mitchell explained. “We zero in on demystifying the technology involved, illuminating the digital landscape as it functions today, and share what we’ve learned and distilled after nearly two decades of documenting what local communities are doing to bridge multiple digital divides.”

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Digital Opportunity Lab Debut

In a colonia outside of Pharr, Texas – nestled in the Rio Grande Valley – the first Digital Opportunity Lab convened last week with a focus on high school-aged students.

Harrison County, Texas officials say they’re poised to use the county’s remaining Rescue Plan (ARPA) funds to strike a fiber expansion partnership with Etex Communications, a subsidiary of the locally-owned Etex Telephone Cooperative.

The Harrison County Commissioners Court says it’s putting the finishing touches on a $4.5 million public-public partnership with Etex that will help deliver fiber access to the Western end of the heavily underserved Texas county with the help of $1.5 million in federal ARPA funds.

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ARPA Funds To The Rescue

Etex Telephone Cooperative was originally formed in 1952 to meet the communication needs of people living in rural northeast Texas. Beginning with 743 members when the co-op was first created, the provider now services more than 12,600 members scattered across a service territory of 710 square miles of rural East Texas.

“Internet is a big issue. It’s almost as fundamental as water and electricity. You gotta have it,” Harrison County Judge Chad Sims tells The Marshall News Messenger. “It is an essential thing. So we’re happy to partner with ETEX.”

U.S. News & World Report recently ranked Brownsville, Texas as one of best places to live in the Lone Star State and as one of the most affordable places to retire.

Now – as the border city continues to make progress on an ambitious revitalization initiative – it is adding to its “best, most affordable” resume by transforming the digital landscape with a citywide fiber network to bring fast, reliable, and affordable Internet service to its nearly 200,000 residents.

The effort is being launched on the back of a city-owned middle mile fiber backbone and partnership with Lit Fiber to build out last mile service, operating as Lit Fiber BTX.

“We just lit up our first subscriber and will have 10,000 locations-passed by the end of the year,” Rene Gonzalez, Lit Fiber’s Senior Vice President of Policy and Regulatory Affairs, told ILSR this week.

“Brownsville was a place that had been neglected. But now, SpaceX is here. We are here. It’s exciting.”

The excitement was palpable last week at the BTX Demo Center in downtown Brownsville where city and Lit Fiber officials held a “special community social” to celebrate service getting turned on for the first LIT Fiber BTX subscriber and to showcase what the network will offer city residents and businesses moving forward.

Tomorrow, Gigi Sohn – one of the nation's premier broadband-for-all advocates and Executive Director of the American Association for Public Broadband (AAPB) – will join ILSR's Community Broadband Networks team and an emerging network of local digital inclusion champions in San Antonio to delve into what it takes to create an ecosystem for digital opportunity.

Hosted by the Digital Inclusion Alliance of San Antonio (DIASA) and the Texas Digital Equity Network (Texas DEN), the free event - "Eco-Bytes: Weaving the Digital Opportunity Web" - will be held on June 27, 2024 at the San Antonio Water System (SAWS) headquarters beginning at 8 am.

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Similar to other ILSR Urban Digital Bootcamps in other cities across the nation, the agenda is packed with informative content designed to support community leaders working to close the digital divide in San Antonio.

The day will include interactive activities and opportunities for engaging conversations, as well as a fireside chat with Gigi and Institute for Local Self-Reliance (ILSR) Community Broadband Networks Initiative Director and event co-organizer Christopher Mitchell.

“I am thrilled to have the opportunity to visit San Antonio and the growing network of connectivity champions doing the important advocacy work for telecommunication policies and infrastructure investments that promote a healthy democracy and a just society," Sohn said.

“It’s vital that we foster community centric solutions that ensure everyone has access to the technologies necessary to fully participate in our society, our economy, our health care and education systems."

Event Highlights:

If you missed our most recent Building for Digital Equity Livestream – Life After ACP – the virtual event can still be seen in its entirety (below).

The entire event focused on the imminent end of the Affordable Connectivity Program (ACP) and featured a lineup of speakers who shared on-the-ground perspectives and approaches being adopted at the community level to deal with the broadband affordability crisis in the absence of the popular federal program that has served 23 million Americans since its inception two years ago.

As a bonus, we are sharing links to the speakers slide decks below.

The first of two lightning round speakers, Margaret Käufer – President of The STEM Alliance – gave an overview on the short and long-term work her organization is doing in upstate New York in the face of ACP’s demise. You can find her slide deck here.

The second lightning round presenter Jason Inofuentes – Program Manager for the Broadband Accessibility and Affordability Office in Albemarle County, VA – unveiled an ACP supplement program his office is pursuing and how they see things moving forward. Those slides are here.

The first of the main presenters – Monica Gonzales, Digital Equity Supervisor for Methodist Healthcare Ministries in Texas – gave an overview of what her faith-based nonprofit healthcare organization is doing to address affordable connectivity across the 74 county South Texas region served by MHM. Gonzales’ slides are here.

In a recently published piece in The American Prospect, Sean Gonsalves, ILSR's Community Broadband Networks Initiative Associate Director for Communications, reports on four cities across the U.S. that are well prepared to deal with the demise of the Affordable Connectivity Program (ACP).  

The article – titled "The Municipal Broadband Solution" – begins by laying out why Congress created the popular program and how letting the ACP go bankrupt undermines the national "Internet For All" Initiative now underway. However, while digital equity advocates across the nation rightly lament the demise of the program, the focus of the article is on cities that have figured out how to deliver afforable high-quality Internet access even without the ACP.   

Here's a few excerpts:

Congress created the ACP to soften a harsh reality: Americans pay among the highest prices for broadband of any developed nation in the world, leaving tens of millions unable to afford internet service—something experts have long noted is a telltale sign of a broken market dominated by monopoly providers, and is at the very heart of why the U.S. digital divide is as massive as it is.

However, although federal lawmakers have known for over a year that the fund would be bankrupt by this spring, GOP congressional leaders have not budged on even bipartisan attempts to save the ACP, prompting the Federal Communications Commission (FCC) to announce in January that the agency was being forced to wind down the popular program.

It’s a major setback for the “Internet for All” effort, especially in light of a recent FCC survey that found 29 percent of ACP beneficiaries would be left without any home internet service whatsoever without the benefit, in an age when internet connectivity is a necessity for meaningful participation in 21st-century society.