As the National Telecommunications and Information Administration (NTIA) continues to move forward in administering the single biggest federal investment to expand high-speed Internet access in U.S. history, each state and U.S. territory is wrestling with how to best spend the windfall as they lay out their Five Year Action Plans and Initial Proposals necessary to claim their portion of the $42.5 billion BEAD program.

One major barrier to providing universal access to fast, reliable and affordable Internet service–long recognized by ILSR, telecom experts, and a growing number of ordinary citizens–are the monopoly-friendly preemption laws that either outright ban or erect insurmountable barriers to building publicly-owned, locally-controlled broadband networks, aka municipal broadband.

Preemption in the BEAD Era

Currently, 17 states have such preemption laws, most of which have filed their Five Year Action Plans and/or their Initial Proposals. In each of those states, at the behest of Big Cable and Telecom incumbents, state lawmakers have erected legislative barriers to municipal broadband to protect the monopoly players from competition, which is at the very heart of why the digital divide exists in the first place and why tens of millions of Americans suffer from the slower speeds and higher costs that go hand in hand with monopoly service.

A massive coalition of more than 300 broadband policy experts and organizations have written a letter to the U.S. government, warning that smaller broadband providers, nonprofits, and municipalities will be elbowed out of an historic $42.45 billion broadband grant program without some notable changes to program rules.

At the heart of their concerns sits the Broadband Equity Access and Deployment (BEAD) program, made possible by the recently passed infrastructure bill, and administered by the National Telecommunications and Information Administration (NTIA). The grant program is a once-in-a-lifetime opportunity to put a significant dent in America’s longstanding digital divide.

But BEAD program rules currently require grant recipients to obtain a letter of credit (LOC) from a bank, collateralized by cash or cash-equivalent. They also require grant winners to provide "matching funds of not less than 25 percent of project costs," though the latter restriction can be waived in some high deployment cost areas.

While the restrictions were intended to reduce the risk of project failure (a touchy subject for the government in the wake of problems with the FCC’s RDOF program), they require grant recipients to lock away vast and untouchable sums of capital for the duration of any broadband build, most of which last several years.

According to the coalition’s letter to lawmakers, such requirements present unnecessary obstacles for smaller ISPs and cash-strapped municipalities, undermining the infrastructure bill’s goal of equitable, affordable broadband for all.

The key for states to unlock their portion of the $42.5 billion in federal BEAD funds is the submission and approval of their Five Year Action Plans and Final Proposal. The infrastructure law requires states to first file an action plan, and then prepare more detailed Initial Proposals, allowing residents and stakeholders to submit public comments.

So far, 14 states have filed their Five Year Action Plans with the National Telecommunications and Information Administration (NTIA), the Treasury Department agency in charge of allocating the funds to each state and U.S. territory. According to the NTIA’s website, Maine, Louisiana, Delaware, Georgia, Hawaii, Idaho, Kansas, Montana, North Carolina, Ohio, Oregon, Pennsylvania, Utah, and Vermont have all filed their draft Five Year Action Plans.

Image

The states that are now in the process of completing their Initial Proposals include: Delaware, Kansas, Louisiana, Montana, Ohio, Tennessee, Vermont, Virginia and Wyoming.

Today, we will look at two states (Maine and Louisiana) and follow up with the others as we are getting a clearer picture of how each state intends to put this historic infusion of federal funds to use.

Maine

Loveland’s municipal broadband utility Pulse is a heartbeat away from expanding into a small neighboring Colorado town eager to offer its residents the same attractive, high-quality Internet access that can be found in Larimer County’s biggest cities.

Officials in Loveland and Timnath, Colorado (pop. 7,800) recently announced the ratification of an Inter-Governmental Agreement (IGA) that greenlight’s a plan to bring ubiquitous, affordable high-speed Internet access to yet another community in the Centennial State, as an increasing number of Colorado cities and towns embrace municipal broadband after years of frustration with the inadequate, high-priced service from the region’s monopoly incumbents.

"The selection of Pulse as our broadband service provider reflects a thorough process of assessment and consideration,” Timnath Town Planner Brian Williamson said in a press statement after the agreement was approved. “We are excited to work together, leveraging their expertise to ensure our residents have access to reliable, high-speed Internet that will contribute to the growth and prosperity of Timnath."

Keeping Up With The Loveland’s

This week Williamson spoke to ILSR about the project and why a town-wide fiber network is such valuable and vital infrastructure.

Image

“Timnath is an interesting place. We are predominantly a residential community and we are growing quickly,” he said, adding that in a post-pandemic world of distance learning, remote work, and telehealth, an important part of the mix when people decide where to live and work is whether that community has reliable and affordable high-speed Internet access.

It may not generate a lot of headlines in a national press obsessed with AI and billionaire fist fights, but the debate over the final version of the looming farm bill remains important all the same. Especially when it comes to the future of affordable broadband.

The farm bill, generally renewed every five years, provides U.S. policymakers the occasional opportunity to address agricultural and infrastructure issues essential to not only the basic functioning of the country, but the very survival of marginalized Americans.

That includes programs like the Supplemental Nutrition Assistance Program (SNAP, or “food stamps”), which provides affordable food to an estimated 41.9 million Americans–or roughly 12.5 percent of the U.S. population.

The bill has also proven essential to the ongoing maintenance and equitable distribution of modern infrastructure, including affordable broadband access. That includes the funding of essential programs such as the U.S Department of Agriculture’s ReConnect broadband grant program, and the Community Connect Grants program.

Image

The farm bill may also soon play a key role in maintaining another key government program: the $14 billion Affordable Connectivity Program (ACP) currently overseen by the Federal Communications Commission (FCC).

Both Band Aid And Key Lifeline

Decorah, Iowa is moving forward on a long-percolating plan to expand the city’s core fiber ring to provide affordable broadband access to long-neglected residents and businesses.

While the project has been discussed for years, local officials tell ISLR the project gained renewed momentum during peak COVID, and is creeping closer to launch.

Contracts are still being finalized as the city hopes to spend somewhere around $12 to $15 million to deliver fiber to all 3,000 potential subscriber locations. The full project would take about three years to deliver fiber to all 7,740 city residents, with the first subscribers potentially coming online this fall.

Image

“Decorah has been in pursuit of fiber to the premises for the last 8 to 9 plus years and we finally have broken through some of our challenges on how to get to the finish line,” Chopper Albert, Decorah IT Director told ISLR.

According to Albert, Decorah’s recent progress is thanks in part to new City Manager Travis Goedken, who has long advocated for expanding the city’s existing fiber network to drive affordable fiber access citywide.

New City Management Team Pushes Forward  

Since 2013 the city has owned an 11-mile core fiber network, dubbed the Decorah MetroNet. MetroNet was born out of frustration after a major flood in 2008 across much of Iowa resulted in prolonged communications network outages.

MetroNet (not to be confused with the Indiana-based ISP that goes by the same name) currently provides access to Luther College and 18 additional government buildings and anchor institutions.

For over 20 years, the city of Palo Alto, the "Birthplace of Silicon Valley,” has flirted with the idea of building a city-owned municipal fiber network. Now after years of debate, numerous studies, several false starts, and many unfulfilled RFPs, city officials say they’re finally moving forward with a city-owned fiber network they hope will transform affordable broadband connectivity citywide.

Palo Alto officials tell ILSR that the project will be spearheaded by the city-utility, and deployed in coordination with a major upgrade of the city’s electrical systems. Phase One of the city’s planned fiber deployment should begin later this year, delivering fiber access to around 20 percent of the city–or 6,500 homes and businesses.

Phase One will be funded entirely from the utility’s existing cash reserves. Profits from that deployment will then be used to expand affordable, multi-gigabit fiber access to all of the city’s 63,210 residents. Though no shortage of challenges remain.

A Long Time Coming

That Palo Alto residents have been clamoring for better, more affordable alternatives to regional telecom monopolies for 25 straight years speaks for itself. The high costs, slow speeds, and abysmal customer service of regional telecom giants AT&T and Comcast have long driven the public’s unflagging interest in better, cheaper connectivity options.

The establishment of a new broadband office in Mississippi heralds a new era in the state’s efforts to bring high quality broadband to all its residents, especially those living in the most rural parts of the state.

On the forefront of that effort is the Delta Electric Power Association, an electric cooperative currently building out fiber infrastructure in the Mississippi Delta region – a mostly rural part of the state with a majority Black population and where about a quarter of residents do not have access to broadband of any kind.

Image

As in other states with sizable rural areas, electric cooperatives are playing a major role in building out high-speed Internet infrastructure.

In Mississippi, Delta Electric, has a service area that covers ten counties in the northwestern part of the state, providing electricity for 4,235 industrial, 3,144 commercial, and 21,174 residential member-owners.

Now, the cooperative has set its sights set on bringing high-speed Internet service to its members, left behind by the big national providers who do not consider the region profitable enough to invest in.

Electric Cooperative Starts With CARE(S)  

It started in 2020, when the electric cooperative was awarded a $4.9 million Coronavirus Aid, Relief, and Economic Security (CARES) Act grant for a fiber pilot serving Carroll County with gig speed connections.

Five years ago, the Central Virginia Electric Cooperative (CVEC) announced the creation of the Firefly Broadband initiative, a subsidiary specifically built to leverage the co-op’s existing electrical assets to deliver affordable fiber to 13 underserved Virginia counties.

Half a decade later, the coop says it has successfully completed its $150 million expansion project, deployed 3,600 miles of new fiber, passed 40,000 total homes and businesses, and directly connected 20,000 state residents–many for the first time ever–in less than 52 months.

“Central Virginia Electric Cooperative partnered with Conexon to perform a feasibility study for a fiber build across their entire service territory – 13 counties and 3600 miles,” CVEC VP of Communications Melissa Gay told ILSR. “Once the target costs, offerings and take rates were determined, we chose to race to secure supplies and labor. Finding great partners has been a tremendous help to the success of our project.”

Image

Buoyed by numerous grants including a $28 million combination loan and grant from the USDA's ReConnect Program, Firefly now provides local residents symmetrical 100 Mbps (megabits per second) fiber for $50 a month, and symmetrical 1 Gbps (gigabit per second) service for $80 a month. There are no contracts and no data caps.

About 90 percent of households connected had no broadband access previously, according to Bruce Maurhoff, Firefly’s senior vice president and chief operating officer.

As a young woman of the Nuxalk Nation, Mallory Hans is “clearing a path for future generations.”

A 2022 graduate of the British Columbia Institute of Technology, she’s one of about 50 people hailing from various Tribes and First Nations across North America in attendance for the latest Tribal Broadband Bootcamp, a three-day intensive learning experience focused on building and running Tribal Internet networks.

Held in different tribal regions several times a year since the initiative began in 2021, this bootcamp (the eighth in an ongoing series of hands-on seminars) is being hosted at the Akwesasne Mohawk Casino Resort on the Saint Regis Mohawk reservation along the New York/Canada border.

“So far so good,” Mallory said on Day Two of the bootcamp just as the attendees broke into small groups to go through a variety of demonstration stations set up by bootcamp instructors and Tribal employees who run Mohawk Networks, which provides fiber-to-the-home (FTTH) Internet, video, and voice services across the reservation in northern New York.

Image

In continuing the driving impulse to demystify technologies and build capacity among cohorts in Tribal nations, Day Two was centered around fiber stations that included demonstrations of how network operation centers are run; one on fiber splicing; another showcasing equipment used to install fiber inside of households with representatives from Calix, and another station on the electronic equipment that measures the performance of fiber lines.

“I’m enjoying it, feeling more confident and finding out I’m capable,” said the 22 year-old, newly minted fiber technician.