In March, Charter Communications tried (and failed) to include a poison bill in New York State’s budget bill that would have hamstrung community broadband. In stark contrast, a New York legislator this month introduced new legislation he says would make it easier than ever for New York state municipal broadband projects to thrive.

State Senator Jeremy Cooney of Rochester has introduced the Broadband Deployment Assistance Act of 2024 (S9134), which would streamline the permitting process for municipal broadband projects by "amending the general municipal law, in relation to requiring substantially similar permits for broadband deployment to be processed together at the same time and on an expedited basis."

“With a quicker timeline and more efficient process for local governments, we can create affordable options for New Yorkers that empower them to take control of their digital destiny,” Cooney wrote in an editorial published at Syracuse.com.

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Cooney says he was motivated by a lack of broadband competition in New York State. New York is dominated by Charter Communications, which was almost kicked out of the state in 2019 for poor service and  misleading regulators about broadband deployment conditions affixed to its 2016 purchase of Time Warner Cable.

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.
 

By mid June, we will have blown past the halfway mark in the BEAD challenge process - with more than thirty states having completed their “challenge windows” and another handful set to close imminently. But the “challenge window” is only part of the overall challenge process, and there are reasons for communities to stay engaged with the process even after that window closes. Communities - don’t sleep on the rebuttal window!

Where We Sit Today

Each state must conduct a challenge process prior to opening up BEAD grants to verify that the data on the National Broadband Map is accurate. That process will have three stages: the challenge window, the rebuttal window, and the determination window. During the challenge window, eligible challengers (local and Tribal governments, nonprofits, and ISPs) can present evidence that locations are incorrectly categorized as served, underserved, or served. According to the NTIA’s Challenge Process Policy Notice, those same eligible entities can participate in the rebuttal window, where they supply evidence refuting a challenge that was made by someone else. After both of these periods are over, the state weighs all of the evidence and makes a final determination (determination window). 

Why might this rebuttal period be important for communities? In short, not all challenges are created equally. While we might primarily think of challenges that make the map more accurate, some challenges could, in fact, make the map less accurate. Some ISPs might make questionable challenges about the level of service they can or will provide.

Telecom monopolies have hoovered up the lion’s share of $214 million recently doled out by the Pennsylvania state Broadband Infrastructure Program (BIP), with cooperatives, smaller ISPs, and community-owned networks left largely out in the cold.

It’s not a surprising move for a state long considered politically hostile to community-owned and operated broadband networks, though industry experts say this latest round of awards was particularly egregious when it comes to dodgy politics and its total lack of any real transparency.

According to an announcement by the Pennsylvania Broadband Development Authority (PBDA), this $204 million in Broadband Infrastructure Program (BIP) grant awards will help fund 53 projects in 42 counties across Pennsylvania, connecting 40,000 homes and businesses, bringing high-speed Internet to over 100,000 Pennsylvanians.

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The awards were funded with the state’s Capital Projects Fund allocation. After matching funds by winning bidders are included, the total broadband investment is expected to exceed $407 million. A complete breakdown of all grant award winners can be found here.

Verizon was the biggest grant award winner, nabbing $78.3 million. Other big grant award winners were Comcast ($61.7 million), Windstream ($12 million) Frontier ($3.5 million) and Brightspeed ($782,000). A few small private ISPs also won awards including Adams Cable ($387,969) Upward Broadband ($1,476,288) and Alleghenies Broadband ($1,809,524).

As debate continues about the “collision course” between the Rural Digital Opportunity Fund (RDOF) and Broadband Equity, Access, and Deployment (BEAD) programs, it is worth highlighting the unique leverage Tribal nations have to resolve these concerns on Tribal lands as well as the challenges they may face in navigating the process.

Existing state and federal grant/loan programs are considered “enforceable commitments” under BEAD rules, making locations funded through those programs, including RDOF, ineligible for BEAD grants (unless those awards are declared to be in default). This rule prevents “duplication” of federal or state funding for broadband infrastructure build-outs.

The debate has emerged because some communities are concerned that RDOF-funded building has not yet begun and, in some cases, may never be built-out. In the meantime those locations remain ineligible for BEAD because of these enforceable commitments.

However, the rules about enforceable commitments and duplication are different on Tribal lands. When issuing its BEAD guidance, the National Telecommunications and Information Administration (NTIA) determined that federal and state grant funding for buildout on Tribal lands – like RDOF – that do not carry Tribal Government Resolutions of consent are not considered to be enforceable commitments.

Newark, New Jersey is taking full advantage of its city-owned fiber network to expand affordable broadband access – with a particular eye on helping the city’s least fortunate.

Driven by past successes with city-owned fiber and Wi-Fi, Newark has announced the city is significantly expanding the availability of $20/month broadband service to numerous Newark Housing Authority (NHA) apartment buildings.

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This latest partnership with Adrena leans heavily on Newark Fiber, a 288-strand city-owned fiber network. Launched in 2016, the network has steadily been expanded to connect anchor institutions. But it’s also been a cornerstone of the city’s efforts to revitalize and assist many lower income – and long neglected – Newark neighborhoods.

“Nine percent of Newark families lack computers and about 20 percent of the city doesn't have an in-home broadband connection,” Aaron Meyerson, Chief Innovation Economy Officer & Director of Broadband for the City of Newark told ILSR.

Construction on a new city-owned fiber network in Cabot, Arkansas will soon bring affordable broadband access to every city resident and business in the state’s “Strawberry Capital.”

The network comes courtesy of a partnership with Connect2First, the broadband subsidiary of local power company First Electric Cooperative Corporation, which continues to build on its significant presence across Arkansas.

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According to a city announcement, the $20 million network will deliver fiber access at symmetrical speeds of up to 10 gigabit per second (Gbps) via an XGS-PON network passing all 26,000 residents and businesses of Cabot using 220 miles of fiber.

The network, which is expected to take several years to complete, will be built on the back of resident-approved bonds, and won’t utilize state or federal funding.

Construction has already begun in this suburb of Little Rock where city officials say hundreds of residents have already been connected.

In announcing the beginning of construction, Cabot Mayor Ken Kincade said:

“This unique project is the first of its kind in the state of Arkansas where a municipality has built its own fiber network and partnered with a local ISP to provide high speed fiber optic internet services to its constituents. The City of Cabot is thrilled to be able to leverage the proven expertise of Connect2First, who already had a presence in the city and was currently serving surrounding areas.”