With all due respect to Federal Communications Commissioner Brendan Carr, his reaction to the Rescue Plan Act's State & Local Fiscal Recovery Fund (SLFRF) spending rules is way off base. As I wrote last week, the rules for broadband infrastructure spending are a good model for pushing down decision-making to the local level where people actually have the information to make informed decisions. (Doug Dawson recently also responded to Commissioner Carr’s statement, offering a response with some overlap of the points below.) 

The Final Rule from the Treasury Department gives broad discretion to local and state governments that choose to spend some of the SLFRF (SLurF-uRF) funds on broadband infrastructure. The earlier draft of rules made it more complicated for networks built to address urban affordability challenges.

However, in coming out against the rules, FCC Commissioner Carr is giving voice to the anger of the big cable and telephone monopolies that cities can, after collecting evidence of need, make broadband investments even in areas where those companies may be selling services already. Commissioner Carr may also be frustrated that he has been reduced to chirping from the sidelines on this issue because the previous FCC, under his party’s leadership, so badly bungled broadband subsidies in the Rural Digital Opportunity Fund (RDOF) that Congress decide NTIA should administer these funds and have the state distribute them. 

Nonetheless, the issues that Commissioner Carr raised are common talking points inside the Beltway and we feel that they need to be addressed. 

Background Note

The failure of the FCC to assemble an accurate data collection is many years in the making. No single presidential administration can take the full blame for it, but each of them could have corrected it. 

President Biden’s FCC is not yet fully assembled because of delays in appointment and in Senate confirmation, but it would not be reasonable to lay blame on the current FCC for the failures discussed below. That said, it is not clear that we are on a course for having better maps and data that will resolve these problems anytime soon.

Commissioner Carr’s Criticism 

Community broadband advocates in New York rang in the new year celebrating Gov. Kathy Hochul’s announcement of a proposed $1 billion investment to beef up broadband in the Empire State. If state lawmakers move to enact the initiative, it would be what the Governor’s office describes as “the largest ever investment in New York's 21st century infrastructure.”

During her State of the State speech, Gov. Hochul unveiled the ConnectAll Initiative, which aims to “deliver affordable broadband to millions of New Yorkers and transform the state's digital infrastructure through new investments,” with municipal broadband as a centerpiece of the plan.

In announcing the new initiative – which would be funded with a combination of up to $300 million in state funds, $345 million in federal funds, with the rest to eventually come from the recently passed Infrastructure Investment and Jobs Act – Gov. Hochul said:

The pandemic exposed how without broadband Internet, New Yorkers can be disconnected from school, work, and families. The ConnectALL Initiative will empower local municipalities and state agencies to set up nation-leading broadband infrastructure statewide, ensuring that every New Yorker has access to the Internet when they need it.

Six-Part Strategy

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The plan not only creates a new ConnectALL Office, it directs the office to work in conjunction with other state agencies in overseeing the major components of the effort, following a six-part strategy that includes:

Once a booming center of manufacturing, Allentown, PA (pop. 120,900) is looking to reinvigorate its economy by reinventing itself as a modern 21st century “smart city,” bringing fiber-to-the-home Internet connectivity to every resident in the city.

In October, the city proposed using $7 million of its $57 million in American Rescue Act Funds to aid in the deployment of a citywide FTTH network. City leaders hope the investment will help them reach the goal outlined in its strategic economic development plan to become a smart city by 2030.

The city will work with Iota Communications to conduct a feasibility study they hope will be complete in the coming months. While the possibility of a FTTH network is in the early stages for the city, the proposal signals a serious ambition to bridge the digital divide in the region.

Feeling The Way Forward

Allentown is one of three cities that make up a larger geographic area known as Lehigh Valley, with the other cities being Easton (pop. 27,000) and Bethlehem (pop. 75,500). For a while now, leaders in the valley have been talking about the digital divide and it’s been made clear with the pandemic that it can no longer be put on the backburner.

Pennsylvania lawmakers passed a law 2019 clearing the way for municipalities to have more of a say in how 5G is deployed in their communities. And while many local officials say the new law will help pave the way for Allentown to stay ahead of the curve, some have cautioned that a focus on 5G is a major distraction.

Since 1972, the Fort Pierce Utilities Authority (FPUA) has provided gas, electric, water, and natural gas services to Fort Pierce, Florida and surrounding areas. Now, inspired by efforts in cities like Chattanooga, the utility hopes to leverage that expertise to deliver affordable fiber Internet access to the city’s 45,000 residents as part of a significant expansion of its internal fiber network. 

Building on Its I-Net

Since the early 2000s, FPUA has deployed 110 miles of optical fiber via its FPUAnet Communications division. Initially, the project focused on bringing ultra-fast fiber broadband to large businesses, schools, hospitals, and other community anchor institutions. 

In 2018, the city decided to expand its footprint to boost the local economy and cement Fort Pierce’s future reputation as a smart city of the future. First by upgrading the company’s existing utility systems (connected to 30,000 existing customer energy meters), then by utilizing that access to drive expanded fiber connectivity to smaller business and residential customers alike. 

“We wanted to look at what we can do, and what are the needs in the community,” Jason Mittler, FPUAnet manager told me. “We have other local competition…Comcast, AT&T are competitors in the area. But in the realm of symmetrical speeds, no one really offers it.”

Fort Pierce certainly isn’t alone in that regard. Even the notoriously inflated FCC data indicates that most U.S. communities rarely have access to symmetrical speeds of 100 Megabits per second (Mbps) downstream and faster, and competition at those speeds is largely nonexistent. Addressing this market failure created an obvious business expansion opportunity for FPUANet that would not only bring additional value to its existing utility customers in the form of improved reliability and cost savings, but improve regional connectivity while keeping those dollars local

Over 230 communities have applied for National Telecommunications and Information Administration (NTIA) Broadband Infrastructure Program grants. But community leaders increasingly say they’re facing costly, unnecessary challenges from incumbent broadband providers, who are exploiting unreliable U.S. broadband maps to overstate existing coverage and defend the status quo.

The NTIA’s $288 million grant program - and the looming $42 billion broadband infrastructure investment plan - will help bring affordable broadband to the roughly 20-30 million Americans without broadband, and the 83 million Americans currently living under a broadband monopoly.

In Grafton County, New Hampshire, 39 municipalities are part of a growing list of communities exploring home-grown broadband alternatives. They represent a grassroots movement driven by frustration with market failure that accelerated during the Covid-19 crisis. In response they’ve bonded together to apply for a $26.2 million NTIA grant to improve the region’s substandard broadband.

A Little Something Called Competition

Grafton hopes to use the NTIA funding to provide a middle mile fiber network, making it easier for Internet Service Providers (ISPs) to service each municipality and the county’s 90,000 residents. The network will be open access, inviting numerous ISPs to compete over the same shared infrastructure. Studies have repeatedly shown such open access models result in better, cheaper, faster service. 

As you curl up by the fire this holiday season, we invite you to take the opportunity to watch (or rewatch!) a collection of excellent short films and documentaries that explore the challenges, obstacles, and success stories for communities all over the country looking to improve Internet access. 

From Cullen Hoback's "Do Not Pass Go," chronicling the impact of monopoly power in Pinetops, North Carolina, to fun and informative tours of the community networks in Ammon, Idaho and Sandy, Oregon, to a short history of the birth of community broadband in the United States, there's something for everyone. 

Check out the Fiber Film Festival collection here, and please share!

FairlawnGig has released a new, short, six-minute video that captures why broadband infrastructure is essential for improving quality of life and boosting economic development in communities across Ohio, highlighting a lesson more cities and towns across the nation are learning first-hand: if the goal is to build a bridge over the digital divide, local communities will likely have to build it themselves.

The video (which you can watch in its entirety by clicking on the video embedded below) also serves as a subtle but fitting admonition of an anonymous state Senator who submitted an amendment into the state budget earlier this year. If passed, it would have threatened to put the award-winning fiber network out of business and prevented other communities in the Buckeye State from following in Fairlawn’s footsteps.

Thankfully, the amendment – a gift to incumbent monopoly ISPs intent on crushing any competition – was rejected after state lawmakers were inundated with constituent complaints about the “in the dark of night” proposal.

Compelled to Take It on Themselves

Fairlawn, a small city of approximately 7,500 Ohioans about 10 miles northeast of Akron, created a telecommunications utility in 2015 to bring city-wide access to high-speed Internet service after years of dealing with subpar broadband offerings. Today, the network enjoys a take-rate of 60 percent while subscribers enjoy a choice of three residential services tiers: a 300 Megabits per second symmetrical connection for $55/month; symmetrical gig speed service for $75/month; or 2.5 Gigabits per second service for $149/month.

In the video, the narrator begins with an observation that is fast becoming obvious to just about everyone:

Many communities in the U.S. are being left behind due to a lack of adequate Internet service and access to state of the art technology.

In August we reported on the effort to bring municipal fiber-to-the-home service to Gainesville. At the time, city commissioners were wrestling with whether to spend a portion of its American Rescue Plan Act (ARPA) funds to start construction on the first phase of a citywide fiber network.

After postponing a previously scheduled vote on how to spend the money at a meeting in October, city commissioners earlier this month voted to set aside $9.6 million of the city’s $32 million in Rescue Plan funds to extend its existing fiber network to connect over 2,000 businesses and nearly 10,000 homes in areas of the north central Florida city identified by planners as neighborhoods where service is most needed. Those neighborhoods include Springhill, Grove Street, Oakview Duckpond, Stephen Foster, Lincoln Estates, Duval, and Highland Court Manor.

“This is a huge step forward for our community,” said Bryan Eastman, founder of Connected Gainesville, a citizen-led advocacy group that launched in 2017 pushing for the city’s utility company to build out its existing fiber network to serve all of Alachua County.

Our city residents are tired of the status quo and are ready for a more connected future with better Internet [access] options. Thank you to our city commission for investing in this future. This is not the final vote on this, but it's the biggest step we've taken yet.

‘Powerful forces’ Lurk Behind-the-Scenes

While city commissioners voted to “set aside” the ARPA funds for broadband expansion, it was not a final vote to fund the project. The final vote is slated for January 6, 2022 after commissioners hear from city staff on how they intend to roll out the initiative.

Eastman said that while the final vote seems likely to pass, now is the time to keep pushing.

“There are still powerful forces that don’t want this to come to fruition, so we’re doing everything we can to get citizens to reach out and tell their commissioners they want municipal broadband in Gainesville,” he told us earlier this week.

Majority Believe Expanding Broadband Access is ‘Essential’

While it’s been somewhat of a rarity in larger metropolitan areas, the city of Alexandria, Virginia (pop. 158,000) is hoping to bring residents fast, reliable Internet access by building out an institutional network (I-Net) in the state’s seventh largest city.

Construction of the I-Net, which is expected to be completed by February 2025, will connect the city’s schools, public safety buildings and other facilities, and lay the foundation for a city-wide fiber-to-the-home network.

Instead of waiting for Comcast to give residents the service they need, in August the city broke ground on the project that was long in the works. The main aim is to connect government facilities with the hope that the city will lease out the conduit to a private Internet Service Provider (ISP) as a way to incent more broadband competition.

According to the city’s broadband webpage: the “Municipal Fiber project will create potential partnership opportunities to expand consumer choice and increase available speeds for broadband services.” If the city moves forward with a public-private partnership, it could make the municipal network one of the largest in the country.  

City officials have created a Request for Proposals (RFP) process, in which they will be looking for ISPs that have a track record of connecting other communities in the state. The winning bidder would then be given a contract to build a fiber network that best serves the public interest, working closely with the city in deploying network infrastructure.

Broadband In the Works

Virginia is one of the 17 states that puts restrictions on municipal networks, mandating that “municipal networks impute private sector costs, pay additional taxes, set excessively high prices, and/or refrain from subsidizing affordable service, in the name of protecting private ‘competition.’” But that hasn’t stopped city officials from finding solutions to the lack of high-speed connectivity in the community.