On May 30th, New Hampshire Governor Chris Sununu signed SB 170, a bill local community leaders had watched for more than a year. The measure will allow municipalities to bond for publicly owned Internet network infrastructure. Advocates, local elected officials, and citizens have been seeking the authority for years. SB 170 may raise some questions as it's implemented, but the bill is significant because it symbolizes this state's decision to expand local authority for broadband investment, rather than limit the power of local communities.

Read the final version of SB 170 here.

A Better Measurement

As we reported more than a year ago, SB 170 sought to make changes in existing law by allowing local communities to bond for Internet infrastructure. The bill sat in committee until last November, when it was amended and picked up again. The final version of SB 170 allows communities to bond for projects that will connect premises that don’t have access to broadband as defined by the FCC — 25 Mbps download and 3 Mbps upload.

If you’re a regular reader at MuniNetworks.org, listen to our podcasts, or if you simply follow publicly owned network news, you know an increasing number of communities have decided to invest in local connectivity solutions in recent years. We’ve watched the number of “pins” on our community network map multiply steadily, but every now and then, a network drops off through privatization.

FastRoads Sold To N.H. Optical Systems

New Hampshire FastRoads received America Recovery and Reinvestment Act (ARRA), which combined with state funding, created the open access fiber optic network in the southwest section of the state. Over the next several years, the network expanded with private donations and local matching funds. Many of the premises that connected to the network had relied on dial-up before FastRoads came to town. But in part because state law makes bonding for network expansion difficult, Fast Roads will no longer be locally controlled.

The Monadnock Economic Development Corporation (MEDC), a nonprofit organization whose purpose is working to see like projects are completed that will improve economic development prospects in the region managed the project. MEDC contracted with another entity to maintain the network, which cost approximately $15,000 per month. Since they had achieved their core goal - the construction and launch of the network - MEDC had been looking for another entity to take over the network or to partner with them. They recently finalized a deal to sell the network to New Hampshire Optical Systems. 

New Hampshire has made strides in bringing better connectivity to unserved areas with projects like New Hampshire Fast Roads, but for years one factor has held them back: state law limitations on municipal bonding for Internet infrastructure. Once again, a proposal to change the law is in the state legislature.

SB 170 - It's Simple

SB 170 proposes to eliminate the one provision in New Hampshire law that has prevented municipalities from bonding for Internet infrastructure - the requirement that the infrastructure can only serve properties where there is no existing service. By blocking access to funding, the requirement has prevented projects that might bring service to whole communities when small pockets of service already exist in those communities.

The House companion bill, HB 191, passed the Science, Technology and Energy Committee but died when brought before the full House for a vote. The bipartisan vote against the bill was 193 - 168, emphasizing that the issue of connectivity is not related to political party.

SB 170 was heard in the Senate Public and Municipal Affairs Committee in early February and, even though a number of individuals and organizations from communities in effected towns spoke on its behalf, a motion was presented to kill the bill. We’re happy to report, however, that the motion failed and the bill was rereferred to the same committee. It’s been sitting there ever since. In other words, it’s still alive, but it may not be picked up again unless committee leadership feel motivated to do so.

Tell Them, "It's About MY Hometown"

The town of Hanover, New Hampshire (pop. 11,500), is considering building its own municipal fiber-to-the-home (FTTH) network following the enactment of a new state law that makes it easier for communities to take on such projects.

Under the new state law (Chapter 240, HB486-Final Version), New Hampshire towns and cities can now establish special assessment districts to finance telecommunications infrastructure, expanding a long-standing statute. Specifically, the law now includes “communication infrastructure” as among the types of “public facilities” for which a special assessment district can be formed.

Under the expanded law, communities can finance fiber optic networks by billing individuals who reside within the district for a prorated share of the cost of installing that communication infrastructure.

Prospects for Fiber Raised

Hanover town manager Julia Griffin told our Chris Mitchell in a recent podcast of Community Broadband Bits:

“For the first time I think there is a role here for a municipal entity to help ensure that fiber is installed and that homeowners and businesses have an opportunity to connect to that network."

...

“Prior to this we've been able to create districts for water and sewer and sidewalks and street lights and even for downtown maintenance; but never for communication infrastructure. Nor has the statutes that have been on the books for years, been as expansive as this one is in terms of laying out just how we make these assessment districts work.”

Since New Hampshire Gov. Maggie Hassan signed the special assessment districts measure into law last July, Hanover has started looking into building a municipal network. It is in the process of finalizing a contract with Wide Open Networks to perform the cost analysis and system network design.

Hanover Explores Building Fiber Network 

In the wake of the Comcast Time Warner Cable proposed merger, an increasing number of local communities across the country are expressing their dissatisfaction with their broadband options. The Concord Monitor recently published an editorial suggesting the community prepare for publicly owned fiber.

Concord's main street will soon be excavated; the Monitor recognizes that this creates an excellent opportunity to adopt a dig once policy. As we know from places such as Sandy, Oregon and Mount Vernon, Washington, dig once policies accompanied with intelligent conduit policies can make a significant impact. Deployment costs less and happens faster when the network's foundation already exists.

The Monitor notes that the merger underscores the importance of municipal networks to protect affordable access:

The companies serve different geographic regions, so proponents of the merger claim prices won’t increase. The flip side of that, of course, is that prices won’t go down because the two companies won’t compete against each other for future business. The merger needs regulatory approval and may never happen. But other factors suggest the city should, as technology expert Susan Crawford suggests, see high-speed internet service as a basic utility like the provision of electricity or water.

Crawford is the author of the new book Captive Audience: The Telecom Industry and Monopoly in the New Gilded Age.

“Truly high-speed wired internet access is as basic to innovation, economic growth, social communication and the country’s competitiveness as electricity was a century ago,” Crawford contends in the book, “but a limited number of Americans have access to it, many can’t afford it, and the country has handed control of it over to Comcast and a few other companies.”

That’s the situation in Concord.

Broadband is a topic of interest in several state legislative chambers this session. In a recent Government Technology article, Brian Heaton focused on five states where community broadband is particularly contentious. In some cases, legislators want to expand opportunities while others seek to limit local authority.

We introduced you to the Kansas anti-competition bill in January. The bill was pulled back this year but could be back next year. When the business community learned about the potential effects of SB 304, they expressed their dismay. From the article:

Eleven companies and trade organizations – including Google – signed a letter opposing SB 304 as a “job-killer” that restricts communications services expansion in the U.S.

Minnesota's leaders introduced legislation to expand broadband. Efforts include financial investment earmarked for infrastructure:

Senate File 2056 – referred to as the Border-to-Border Infrastructure Program – would take $100 million from the state's general fund to be applied to broadband projects. A companion bill in the House, HF 2615 was also introduced.

As we reported, there is bipartisan support for the bill in the House, but the Senate and Governor have not prioritized SF 2056.

New Hampshire's legislature wants to open up bonding authority for local communities that need help:

A recent in-depth article from the Keene Sentinel updates us on the status of New Hampshire's HB 286, which would expand bonding authority for local governments. New Hampshire law currently restricts bonding authority for Internet infrastructure to towns with no access to the Internet, but nearly all communities have at least some slow broadband access in a few pockets of town. We have been tracking this bill, most recently four months ago just before it overwhelmingly passed the house. Unfortunately, the bill does not give many options to local governments. It settles to only allow bonding when the local government is not providing retail services, a business model that has only worked well when local governments have expanded very slowly. That said, New Hampshire already has a promising open access network called FastRoads that would allow nearby towns to connect and access the four service providers already using it. Connecting to an already-operating open access network is a much better prospect than having to start one from scratch, particularly in areas with low population density. Nonetheless, we continue to find it counter-productive for state legislatures to limit how local governments can invest in essential infrastructure. We know of no good policy reason for doing so - these limitations are a result of the lobbying power of a few cable and telephone companies that want to preserve scarcity to ensure high profit margins. Kaitlin Mulhere's article, "Broadband access could be improved in NH through new bill," demonstrates the need for better networks in the granite state and notes that Fast Roads is starting to meet those needs in the areas it operates.