A new state law is on the books in Vermont that supporters expect will encourage more investor activity supporting community broadband networks. 

The new law, which took effect this past June, allows for the creation of “communications union districts,” enabling towns and cities to band together to form geographic entities dedicated to establishing fiber-optic broadband networks for their area’s residents and businesses. 

A New Nomenclature

While Vermont towns have been able to work cooperatively via inter-local contracts, the new law is less cumbersome and uses a governmental nomenclature more familiar to most people—the union district. The union district governance model has been used for many years throughout Vermont, including by various utilities that have multi-town operations to handle, for example, sewer and water service.  

Carole Monroe; general manager of the East Central Vermont Community Fiber-Optic Network (ECFiber), a consortium of 24 Vermont communities that have banded together to provide broadband service; told our Christopher Mitchell there isn’t much practical difference for her group operating now as the East Central Vermont Telecommunications District instead of by an inter-local contract.  

“But I can say that in the municipal investment markets, they’re much more familiar with the municipal utility district, whether it’s a water district or sewer district or something along those lines,” Monroe told Chris in a recent edition of Community Broadband Bits podcast. “A municipal utility district is a common language for them. Inter-local contracts, not so much.” 

ECFiber Grew From Inter-Local Contract 

Irvin Thomae, chairman of the EC Vermont Telecommunications District board, agreed. He noted that seven years ago the east central Vermont communities created ECFiber through an inter-local contract. “But this (the inter-local contract) was unfamiliar to investors beyond our state borders,” Thomae told us.

“We needed a structure more capable of being recognized by large institutional investors. It (the communications union district) makes it easier for community broadband networks to appeal more for large investors.”

Lincoln, Nebraska, population 269,000, is making the most of a tough situation to improve connectivity and increase telecommunications competition; the city is doing it with conduit.

The state has severe restrictions that ban communities and public power companies from offering telecommunications services. Local businesses, government facilities, and citizens must rely on the private sector to keep them connected. Faced with that limitation, Lincoln city leaders are enticing private providers with an extensive, publicly owned conduit network.

Using Tubes to Draw in Partners

In 2012, the city invested $700,000 to install a conduit system that has since grown to over 300 miles across the city. Over the past three years, Lincoln has leased conduit space to multiple providers, including Level 3 and NebraskaLink, which offer a range of services to businesses and anchor institutions. NebraskaLink provides backhaul for Lincoln's free Wi-Fi, launched in 2014.

Mayor Chris Beutler recently announced that Lincoln will be partnering with provider number six, ALLO Communications. This local company plans to be the first provider to use the conduit to build its gigabit fiber-to-the-home (FTTH) network to every home and business in Lincoln. The network is scheduled for completion in 2019. ALLO is based in Lincoln and offers telephone, Internet, and video to residents and businesses.

Smart Conduit Choices for Long Term Vision

Last August, we wrote and podcasted about the results of a broadband feasibility study for the City of Missoula, which recommended developing an open access network with approximately 60 miles of underground fiber through a public private partnership. The study also demonstrated a significant need for improved connectivity in the central business district, with almost 40% of businesses saying their connections were insufficient for their needs. The study also recommended a variety of fairly small policy changes to encourage the spread of fiber optics, such as a “dig once” conduit policy. 

Early in December, the Missoula City Council acted on at at least one of those recommendations by lowering the fee the city charges for excavating and installing new fiber optic lines in the public right-of-way by 75 percent. City Councilwoman Caitlin Copple, who has spearheaded the efforts for better connectivity in Missoula and appeared on our Broadband Bits podcast in August, described lowering the fee this way to the Missoulian newspaper: 

“It’s a gesture of good will to the service providers that we want to work with them,” said Copple, who chairs the city’s Economic Development Subcommittee. “It was a unanimous vote, and it shows Missoula is serious about business.”

The city also released a map, compiled by a third party, that shows all the privately-owned fiber assets in Missoula’s central business district. It is purposely unclear which company owns which segments of fiber, as the providers would only participate if their information was anonymized to protect their competitive edge. While certainly not present on every street, the map shows that there is a significant amount of fiber already in the ground. From the Missoulian:

The Lake County fiber network is now serving a limited number of customers in northern Minnesota. According to the Lake County News Chronicle, the network's triple-play services are lit and bringing better connectivity to Silver Bay and Two Harbors.

About 100 customers in Silver Bay take service via the network; beta testers in Two Harbors are helping Lake Connections, the entity managing the network, straighten out any kinks in Phase One. Phase Two, which is more than 60% complete, will bring service to Duluth Township, Knife River, Silver Creek Townships, and Beaver Bay Township. Phase Two is scheduled for completion this summer; Lake Connections anticipates network completion in the fall of 2015.

The Lake County project has been plagued with problems, including delays cause by incumbents. Mediacom filed complaints with the Inspector General based on unsound allegations. While the cable company was not confident enough to sue, its accusations wasted time and money for Lake County. Frontier asserted ownership of a significant number of Two Harbors utility poles, even though the City has maintained them, and the two are still involved in negotiations over ownership and fiber placement on the poles. The Minnesota Cable Companies Association (MCCA) delayed the project further by submitting a massive data request.

The FTTH project is one of the largest stimulus projects, totaling approximately $70 million in grants, loans, and local matching funds. The project will cover almost 3,000 square miles when complete, connect almost 100 community anchor institutions, and provide services to over 1,000 businesses.

In September, I joined the keynote lunch panel at the annual NATOA Conference to discuss what local governments can do to improve Internet access. Joanne Hovis moderated a discussion between Rondella Hawkins of City of Austin, Milo Medin of Google, and myself.

I have embedded the video below so it starts with the panel discussion. However, if you go back to the beginning, you will also be able to watch the annual award presentations, including one to Longmont in Colorado, as well as Milo Medin's 10 minute presentation prior to this panel discussion.

We discuss many important issues, particularly the various actions local governments can take to either build their own networks or to make the community more tempting to others who might build a network.

The publicly owned rights-of-way (ROW or PROW), are a misunderstood resource in many communities. Local governments manage them on behalf of the public, but are under pressure as very large, very profitable cable and telephone companies seek to prevent local governments from charging rent to those using the PROW.

This video from Oregon quickly explains some of the key issues around the PROW .

Austin, Texas, with a little over 820,000 people, is home to several centers of higher ed, the Southwest Music Festival, and a next generation network known as the Greater Austin Area Telecommunications Network (GAATN).

It was also the second metro area selected by Google for the Google Fiber deployment. But before they got Google Fiber, a local partnership had already connected key community anchor institutions with limitless bandwidth over fiber networks. The network measures its success in terms of cost avoidance, and averages out to a savings of about $18 million per year combined for its 7 member entities.

In 2011, the National Association of Telecommunications Officers and Advisors (NATOA) named GAATN the Community Broadband Organization of the Year. Today, GAATN also serves the  City of Austin, the Austin Indepedent School District (AISD), Travis County, local State of Texas facilities, Austin Community College (ACC), the University of Texas at Austin (UT), and the Lower Colorado River Authority (LCRA).

GAATN's bylaws prevent it from providing service to businesses or individual consumers. Texas, like 18 other states, maintains significant barriers that limit local public authority to build networks beyond simply connecting themselves. As a result, local entities must tread lightly even if they simply want to provide service for basic government functions.