On June 5th, the Main House of Representatives voted 143 - 0 in favor of LD 1185, the Maine bill to provide state planning and implementation grants for local municipal networks. Representative Norm Higgins, the sponsor of the bill, contacted us to let us know about the incredible support for the bill.

LD 1185 proposes to provide $6 million this year for local communities seeking to establish networks that want to take advantage of the state's middle-mile network, the Three Ring Binder. The House amended the bill to include general goals for the fund and its purpose in bringing better connectivity to Maine. 

The amendment also creates specifications between planning and implementation grants and establishes caps on awards. Planning grants cannot exceed $25,000 and implementation grants cannot exceed $200,000. Implementation grants require a 25 percent match from the requesting municipality; planning grants require a one-to-one match. The amendment is available online.

Now that the House has put their stamp of approval on the bill, it is up to the Maine Senate to  approve the measure and send it on to the Governor. According to Higgins, it appears to have strong bipartisan support; funding is the only area of uncertainty. He anticipates it will be before the Appropriations Committee within the next two weeks.

Islesboro residents voted on May 30th to move forward with their municipal network plan. According to the Islesboro Press Herald, approximately 75 percent of voters attending the annual town meeting approved a motion to spend $206,830 on an engineering study and contractor search. Approximately 200 residents attended.

As we reported in March, the community has been working since 2012 on a plan for a fiber network to improve connectivity for businesses and the almost 600 residents on the island. The infrastructure will belong to the Town of Isleboro; GWI will offer services via the network. The entire project estimate is $2.5 - $3 million to be funded with a municipal bond.

Many of the island's residents now obtain Internet access via DSL from Fairpoint, which has been described as spotty and unreliable, for $20 - $70 per month. GWI already operates on the island, offering wireless service.

This is the first in a several step approval process:

Town officials plan to hold a second public vote in the fall on 20-year municipal bond for up to $3 million that would fund the network’s construction, [Selectman Arch Gillies] said.

Completion is scheduled for the end of 2016.

“We’re a community intent on keeping up with the world, and maybe getting ahead of the world,” [Gilles] said.

In late April, LD 1185 and several other broadband bills came before the Maine House Energy, Utilities, and Technology Committee. We have seen a flurry of activity in Maine this year as local communities deploy networks, develop plans, or begin feasibility studies. Likewise, the state legislature has been active as House and Senate members try to defibrillate the barely beating heart of the state listed as 49th for broadband availability.

The national providers in Maine - Time Warner Cable and FairPoint have little interest or capacity to invest in high quality services in Maine. Time Warner Cable is more focused on major metros and being acquired. FairPoint is laying off workers and also, positioning itself to be acquired. Fortunately, these big companies aren't the only option for improving Internet connectivity in Maine.

LD 1185, presented by Representative Norm Higgins, seeks to establish $6 million this year in funds for local communities that wish to deploy municipal networks. Maine already has the middle mile Three Ring Binder in place; the focus of this proposal is to help communities get the infrastructure they need to connect to it. In an effort to get the word out about the bill and grow support, Higgins and his team created this graphic explaining the proposal (a 2-page printable edition of the graphic is available for download from the link below):

For the past several months, Maine communities have been a hotbed of broadband activity. Bar Harbor, located midway along the state's Atlantic coast, is another community looking at fiber as a necessary investment. 

According to a February article in the Mount Desert Islander, the town of 5,200 has decided to move forward with a feasibility study. The town received Internet access at no additional cost as part of its previous franchise agreement with Time Warner Cable. That agreement expired about a year ago and, as we have seen in other communities, the cable giant now appears to be holding out in order to charge for the same service. From the article:

“The guidance that we’ve received from the lawyers helping us … is that the cable company really doesn’t want to give us anything, and may in fact want to start charging us for the fiber network that we get today as part of that franchise agreement,” said Brian Booher. He is a member of the communications technology task force, which has studied the issue of broadband availability in Bar Harbor.

A similar situation in Martin County, Florida, inspired that community to build its own network. It is now saving millions, with no need to contend with typical Time Warner Cable hassles, price hikes, and poor service. Read more in our case study on Martin County [PDF].

Bar Harbor seems to be adopting the same attitude as the rest of the state. They see that economic development success rests on connectivity and that entities like Time Warner Cable are not in business to boost local economic development. Booher went on:

“If the only way to get there is to do it ourselves, that’s the Maine mentality right there. So, my attitude is, let’s look at this and see what it would take.”

Islesboro, the Maine island community of 566, will decide in May whether or not they want to bond to build a municipal fiber network, reports The Working Waterfront. The network will be owned by the town who plans to partner with GWI to operate and manage it. 

Currently, about 2/3 of residents on the island use DSL from Fairpoint. While a few locations can reach 15 Mbps download, most residents pay from $20 - $70 for around 3 Mbps download. Upload speeds are much less. GWI also offers point-to-point wireless from the mainland and one side of the island has cellphone.

The firm estimated costs to cover the island to be between $2.5 and $3 million, which would include construction and leasing of poles from Central Maine Power (CMP).  Community leaders will ask voters to approve a municipal bond to fund the project:

The $3 million bond would raise property taxes on a house assessed at $300,000 by about $13.77 per month ($164.25 per year). As a per-month cost, with both the pay-back on the bond and the standard service fee for Internet, the resident of a house valued at $300,000 would pay $48.77, according to [Arch] Gillies, [chairman of the Board of Selectmen]. (This appears to be for the lowest level of service.)

After reviewing the recommendations, community leaders decided it was in the community's best interest to deploy a network that would be owned by the public. They then engaged in a Request for Information process and received responses from three vendors. Eventually, they chose to work with GWI, in part because it is a local company. Fairpont and Time Warner Cable also responded, but their proposals did not stipulate that the infrastructure would belong to the town. There were other inferiorities in their proposals.

The Ellsworth City Council voted on February 9th to proceed with the first steps to developing yet another municipal fiber network in Maine. Community leaders plan to develop open access fiber infrastructure. Five ISPs have already expressed an interest in working with the city to provide services via the network.

Ellsworth is home to approximately 7,500 people and is located along the south not far from the central coast.

The Ellsworth American reports that council members decided unanimously to lease a parcel of land on which to place a headend facility. The Ellsworth Business Development Corporation (EBDC), which also obtained a $250,000 grant to expand high-speed Internet in Ellsworth, will lease the property. The grant came from the Northern Border Regional Commission in 2014.

The Council also agreed to commit $28,445 in tax increment financing (TIF) funds toward the project. Those funds will be used for the headend building and to install a two mile stretch of fiber to tap into the community's abundant fiber resources. Community leaders want to create options for local businesses and the numerous home based businesses in Ellsworth.

“You have the superhighway already,” said Andy Hamilton, an attorney with Eaton Peabody who serves as legal counsel to EBDC. “But you need the off-ramp and the local roads to take you to the office buildings.”

Indeed, a report from Portland-based Tilson Technology Management said Ellsworth is located at “an information superhighway crossroads” and that it has a lot of fiber optic infrastructure — “more than most Maine communities.”

The network project is being developed in conjunction with a business incubator project in Ellsworth. Biotech and health science related businesses are abundant in the region and city leaders want to make the city attractive to the industry.

Council members are also considering the long term:

A group of municipal leaders and their private sector small ISP partners submitted an ex parte filing with the FCC today stating that they see no reason to fear Title II reclassification of Internet access. The statement, signed by a variety of towns and providers from different areas of the country is reproduced in full:

Dear Chairman Wheeler,

As a group of local governments and small ISPs that have been working to expand the highest quality Internet access to our communities, we commend you for your efforts to improve Internet access across the country. We are committed to a free and open Internet without blocking, throttling, or discriminating by ISPs.

As local governments and small ISPs, we wanted to ensure you are aware that not all local governments and ISPs think alike on matters like reclassification. For instance, on July 18, 2014, the mayors of New York City; Portland, Oregon; and San Francisco called on you to issue the strongest possible rules to guarantee Net Neutrality. Each of these communities is also taking steps to expand and improve high quality Internet access to their businesses and residents.

Our approaches vary but are already resulting in the highest level of service available because we are committed to expanding high quality Internet access to supercharge local economies and improve quality of life. We have no interest in simply replicating older triple play model approaches. We want to build the infrastructure of the future and we see nothing in the proposed Title II reclassification of Internet access that would hinder our ability to do that. As Sonic CEO Dane Jasper has strongly argued, ISPs that don’t want to interfere with their subscribers’ traffic should expect a light regulatory touch.

We thank you for your leadership during this difficult period of transition. We understand that many of our colleagues have trouble trusting the FCC given a history that has, in many cases, ignored the challenges small entities face in this industry. But whether it has been increasing the speed definition of broadband, or calling for the removal of barriers to community networks, we have been impressed with your willingness to take on powerful interest groups to ensure the Internet remains a vibrant, open platform.

We look forward to working with you to ensure that future rules recognize the unique challenges of small providers and innovative approaches to expanding access.

Sincerely,

Time Warner Cable recently fought to prevent a collaborative project in Maine from receiving $125,000 in state broadband funding, reported the Bangor Daily News. 

We reported in December that Old Town, Orono, the University of Maine, and GWI had been awarded ConnectME funds. The collaborators earmarked the funding for a stretch of about 4 miles of fiber which could serve about 320 subscribers and would ultimately be integrated into a much larger network for businesses and residents. The network would connect to Maine's Three Ring Binder network.

Old Town and Orono want to establish gigabit connectivity to a nearby industrial area to transform it into a technology park for economic development purposes. Several businesses, including a health clinic that, have expressed interest in setting up shop in the planned development.

Old Town and Orono formed OTO Fiber, an independent entity to have authority to design, install, maintain, and manage an open access network. In typical fashion, TWC took action prevent local citizens and businesses from ever capitalizing on a gigabit, rather than work with the municipalities to deliver TWC services over the publicly owned infrastructure.

The ConnectME Authority voted in TWC's favor, based on the arguments as presented in an earlier Daily News article:

The company argues that the agency only has the ability to give grants in areas it deems “underserved” or “unserved,” and that projects getting grants should overlap with less than 20 percent of the customers of an existing provider.

Time Warner Cable began lobbying Maine legislators at the dawn of the legislative session, reports the Maine Center for Public Interest Reporting. In January, the cable gargantuan hosted a "Winter Policy Conference" for state lawmakers at the exclusive Inn by the Sea resort. As Maine state leaders contemplate how they can boost connectivity, the incumbents are fueling up the anti-muni misinformation machine.

The Center did not have exact numbers of legislators who chose to accept the invitation to stay overnight, attend the opening dinner, or sit in on the "information sessions" which were all paid for by TWC. Reports range from "about a dozen" attendees at the evening dinner to "30 or 35" attending the information sessions the next day.

Naturally, the event raised red flags:

“If we want good public policy, there’s reason for all of us to be worried,” said utilities expert Gordon Weil, the state’s first Public Advocate, who represented the interests of ratepayers before regulators. Such treatment of legislators is “obviously intended to persuade them by more than the validity of the arguments; it’s intended to persuade by the reception they’re given.”

The Center obtained copies of the information packet from the conference, which included a survey that had legislators questioning its objectivity:

“We see lots of surveys as policymakers and we have to be smart enough to look at what questions are asked,” said [DFL Rep. Sarah] Gideon.

Gideon was bothered by survey questions such as, “Should taxpayer-supported debt be used to build government-owned and operated broadband networks that sell broadband services to the public…where no broadband service currently exists…(or) broadband services are already available?”

“Nobody’s going to say ‘Yes, I want my state to incur debt,’” said Gideon.

Maine continues to be a hot spot in the drive to improve connectivity as the 2015 state legislative session opens. According to the Bangor Daily News, 35 bills have been introduced that deal with broadband issues.

The story also notes that several lawmakers have introduced bills that propose funding from the state. House Republican Norman Higgins advocates broadband infrastructure in rural areas of the state:

“I think most people understand that in this day and age for us to be competitive, that’s one of the necessary tools,” Higgins said, noting he’s found bipartisan support on the issue. “The question, I think becomes: How do we do it? And who does it?”

He proposes allocating millions of dollars to expand the availability of grants to municipalities that want to build and own high-speed fiber-optic networks that would be open to companies that want to serve businesses and homes, similar to the model pursued by Rockport, South Portland, Orono and Old Town.

Momentum is growing outside the Senate and House Chambers as well. In December, Governor LePage asked the ConnectME Authority to consider redefining "underserved" for projects it considers funding. The Authority obliged, reported the Bangor Daily News:

The new standard set Friday includes for the first time speed requirements for uploads, which supporters of the change said would serve small businesses.

…

The new standard would qualify any areas with broadband connections slower than 10 megabits per second for both downloads and uploads — a 10-10 symmetric standard — as “unserved.”

For those working on the issue of broadband, the energy is contagious:

“It’s exciting as someone who cares about broadband that there’s so much energy around it,” [public advocate with the Maine’s Public Utilities Commission Timothy] Schneider said. “And it ties into this whole trying to figure out how to do economic development not based around Maine’s legacy industries.”