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 …

Montgomery County Maryland has been awarded the “Best Municipal or Public Connectivity Program,” honored as a 2024 Broadband Nation Award winner for its ongoing efforts to expand affordable broadband access and help bridge the digital divide.

Montgomery County has worked extensively for years to connect municipal services and key anchor institutions, but more recently has begun leveraging that infrastructure to expand access to the most vulnerable. The county’s efforts have two key components:

FiberNet is a 650-mile municipal fiber communication network that provides broadband services to 558 County, State, municipal, educational, and anchor institutions.

MoCoNet is the County’s residential broadband network that provides free 300/300 megabit per second (Mbps) Internet service for residents at affordable housing locations. Originally providing a symmetrical 100 Mbps service, the network was recently upgraded to 300 Mbps, and is currently available to low-income housing communities.

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Montgomery Connects Program Director Mitsuko Herrera tells ILSR that the county just received a $10 million grant from the State of Maryland to expand FiberNet and MoCoNet’s free 300 Mbps offering to 1,547 low-income and affordable housing units at seven properties operated by the County’s Housing Opportunities Commission.

The county’s also in the middle of upgrading its core fiber infrastructure to deliver significantly faster overall speeds.  

Blueprints for BEAD is a series of short notes and analysis on nuances of BEAD that might otherwise get lost in the volume of material published on this federal funding program. Click the “Blueprints for BEAD” tag at the bottom of this story for other posts.

Few people dispute the vital importance of affordability in closing the digital divide. A 2021 Pew Research Center survey found that nearly half of all people without broadband cited cost as a barrier, with 20 percent listing cost as the primary reason for not subscribing to broadband service.

Research from EducationSuperHighway pegged that number even higher, estimating that lack of affordability explained about two thirds of the remaining digital divide in the country.

As the Broadband Equity, Access, and Deployment (BEAD) program steams ahead, questions about affordability have come to the fore. After all, deploying tens of thousands of miles of new fiber is only half the equation. BEAD will help build the physical networks necessary to connect the millions of households that still lack access to high-speed Internet service, but will it make a difference if they still can’t afford a plan? This possibility is all the more likely in light of the Affordability Connectivity Program’s (ACP) untimely demise.

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BEAD’s low-cost plan requirement sought to ease such concerns about affordability. To ensure households with limited financial means would actually see the benefits of the program’s massive infrastructure investment, this requirement mandated that all networks built using BEAD funds offer a low-cost plan for eligible subscribers.

Building fiber networks in sparsely populated rural communities is not cheap. And when it comes to deploying fiber drops to individual homes set back relatively far off the main roads where fiber lines pass by, it can prove to be cost prohibitive to connect those households.

But in Vermont, the push to ensure every household in the Green Mountain State has access to the gold-standard of Internet connectivity, the Vermont Community Broadband Board (VCBB) this week unanimously approved the creation of a new “low-income long and underground drop program.”

“We’re not talking about (connecting) multi-million mansions two miles off the road, but households with a true need,” VCBB Deputy Director Robert Fish tells ILSR, adding:

“What good is a fiber network if households can’t connect? This (program) is one way we can address affordability, whether it’s long aerial drops or underground.”

Re-Investing Leftover Federal Rescue Plan Funds

Approved by the VCBB at their regular meeting on September 9, the new program will use $2.5 million in leftover federal Rescue Plan funds to subsidize the cost of connecting low-income households in high-cost locations.

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“These are Capital Project Funds (courtesy of the American Rescue Plan Act) from projects that came in under budget,” Fish explained, noting how most of the $245 million the state has received to build out broadband networks has already been awarded to the 10 Communications Union Districts (CUDs) now bringing fiber service to Vermonters long neglected by the big incumbent providers.

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.

While Posit Conference 2024 notes that “not all superheros wear capes,” our Senior GIS Analyst Christine Parker will be flying into Seattle, Washington this week to join a breakout session at the annual gathering of open source data scientists.

Christine will join a panel of data analysts to discuss Data Wrangling for Advocacy: Tidy Data to Support the Affordable Connectivity Program.

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Her focus will be on how the ILSR Community Broadband Networks research team used “messy datasets” to create the Affordable Connectivity Program (ACP) dashboard and how by doing so made ILSR one of “the few organizations that worked with these data to translate them into meaningful insights.”

The two-day conference, slated to begin tomorrow, offers virtual tickets to view the live stream of all keynotes and sessions.

Christine’s session is slated for August 14 from 2:40 p.m. to 4 p.m. PDT.

Registration is still open here.

Full agenda here.
 

In case you missed it, on Monday we streamed our second Building for Digital Equity (#B4DE) event of the year. The focus this time: "Pathways To Affordable Connectivity" in the absence of the Affordable Connectivity Program (ACP).

You can watch the livestream in its entirety below.

As expected, the agenda delivered a number of gems for those working in the trenches to bridge the digital divide.

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Co-hosted once again by Pamela Rosales with the National Digital Inclusion Alliance (NDIA) and Director for the Institute for Local Self Reliance (ILSR) Community Broadband Networks Initiative Christopher Mitchell, #B4DE began with a concise and candid acknowledgement of the moment: namely, the collapse of the ACP.

However, despite the challenge the loss of that program poses, #B4DE offered a lineup of digital inclusion practitioners providing a grounds-eye view of how they and their organizations are continuing the work of knocking down affordability barriers.

The three lightning round speakers covered devices and the creation of "device ecosystems." Attendees heard from Dave Sevick, Executive Director of the Pennsylvania-based Computer Reach; Ashley Martinez, Digital Equity Manager with Free Geek in Portland, OR; and Scot Henley, Executive Director of Digitunity based in North Conway, NH. Click on their names below to see their slide decks.