Colorado Legislature Revamps Incumbent Right Of First Refusal, Blocking Monopoly Battle Tactic
A bill making its way through the Colorado General Assembly is tackling one of the tools that big incumbent ISPs use to secure their positions as monopoly Internet access providers - the right of first refusal. If HB 1099 passes, and other states see the savvy behind this approach, community leaders and advocates for a competitive broadband market will be able to put a chink in the monopoly armor.
Update: HB 1099 passed the Legislature and the Governor signed the bill into law on April 2nd, 2018. Yay!
A Familiar Story
ISP entrepreneurs, cooperatives that want to offer high-quality Internet access, and entities planning publicly owned projects know the story. Grants are available, usually for an unserved or underserved area that the incumbent DSL provider has ignored. Said entity invests the time and money into developing a plan and applying for the grant, feeling good about the fact that they will likely be able to serve this community that no one else seems to want to serve.
They apply for the grant, may even receive a preliminary approval, BUT then the incumbent ISP exercises its right of first refusal, which throws a very big wrench into the plans of the ISP entrepreneur, cooperative, or entity.
In June 2017, we interviewed Doug Seacat from Clearnetworx and Deeply Digital in Colorado who told us the story of how his company had applied for and won grant funding through the Colorado Broadband Fund to develop fiber Internet network infrastructure near Ridgway. CenturyLink exercised its right of first refusal, which meant that unless Seacat could change the mind of the board that considered the appeal, CenturyLink would get the funding rather than Clearnetworx.

The cooperative has been expanding the FTTH network ever since as The GigaZone. It’s received grants from the Minnesota Border-to-Border Broadband Program to help fund the expansions. As of December 2017, GigaZone connections reached more than 29,400 premises and covered more than 5,000 square miles in Beltrami County, also entering five additional counties.
Gary and Christopher reminisce about the beginnings of HBC, the challenges the company faced, and how they overcame those challenges. They also discuss some of the interesting partnerships that helped HBC continue to grow and that Gary and other HBC leaders used to develop the company’s culture. Gary’s been in the business a long time, and he has some great stories to tell, so we decided to make this an extended episode that runs a little over an hour.