Open Access
In Video Session, Christopher Mitchell Digs Into Community Ownership and Open Access Networks
The conversation dealt with open access networks, and whether cities are well-suited to play a role in developing them.
September 29, 2022 – Community-owned, open access networks protect communities against irresponsible network operators and stimulate innovation, said Christopher Mitchell, director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance, at a Broadband.Money Ask Me Anything! event Friday.
“AT&T, Frontier, these companies have a history of failing to meet community needs,” said Mitchell. “If I had a choice between open broadband fixed wireless and fiber from AT&T, I’d be really, you know, checking it out.”
“[AT&T] is a company that will sell your data at the first opportunity, it’s a company that will raise your bill every chance it gets,” Mitchell added.
ILSR’s director said that in communities in which local ownership isn’t possible, such as in a town with a deeply corrupt government, there still exist contractual provisions that can maximize local control.
A right of first refusal, for instance, gives communities the option to purchase their local network if the original provider chooses to sell. Mitchell also suggested communities write performance-based contracts that institute penalties for network partners who fail to meet clearly outlined performance benchmarks.
Conversation entered realm of open access discussion
The wide-ranging conversation also dealt with the issues of open access networks, and whether cities are well-suited to play a role in developing them.
“The cities are the custodians of their rights of way – they need to be, they must be,” said Drew Clark, editor and publisher of Broadband Breakfast. Because of the cities inherent role as custodians of their rights of way, Clark said that open-access networks provide cities with the opportunity to own the infrastructure portion of their broadband networks, while still offering private companies the ability to serve as network operators or application service providers.
Mitchell agreed that open access networks can be critical to broadband innovation. “We need to have millions – ideally tens of million – of Americans in thriving areas that have open access to kind of see what we can do with networks,” he said.
“Maybe a lot of those ideas won’t work out, but I think we don’t want to foreclose that path.”
In addition to overseeing digital infrastructure projects, communities can promote digital equity by utilizing established, trusted community-based institutions – such as food pantries or faith groups – to boost digital literacy and distribute devices, Mitchell said.
Mitchell added that these efforts must be ongoing: “This is more about building connections now.”

BOUNTIFUL, May 24, 2023 – The city council in Bountiful, Utah, voted unanimously to approve the building of a city-owned fiber network by Utah-based service provider UTOPIA Fiber Tuesday.
The open access fiber infrastructure will be owned by the city but operated by UTOPIA Fiber, which will then lease the fiber to internet service providers.
City council members expressed their resounding support for the program. We believe that the estimates of take rates are conservative and reasonable when compared to like communities, said City Manager Gary Hill, pointing to neighboring town Centerville that has 49 percent take rate on its city-owned network.
Bountiful will issue $43 million in bonds to fund the program, announced the city. The debt service for the bond will be paid for using system revenues with any excess revenue invested into affordability assistance, city council members said.
The initial contract term is 10 years with buildout expected to take 2-3 years. The city anticipates that it will make profit on the investment within four to five years of operation.
In 2022, at the request of residents, the city issued a request for proposals that were released to potential fiber providers to build and operate a city-owned network. In January, Bountiful officials began contract negotiations with UTOPIA.
“The purpose of the City’s involvement with fiber is to provide a competitive marketplace for internet service providers through an open access network,” read the city’s statement.
The announcement comes months after West Haven, Utah announced its contract with UTOPIA Fiber for a city-wide network.
Open Access
AT&T Closes Open Access Fiber Deal With BlackRock
In a new joint venture, AT&T will expand its fiber network across the nation.

NEW ORLEANS, May 12, 2023 – AT&T is set to invest several million dollars of capital into fiber builds across the country as it announces the closing of its joint venture deal with fund manager BlackRock, the company said.
In December, AT&T and BlackRock announced the formation of their joint venture, Gigapower LLC, to operate and deploy a fiber network to 1.5 million customers using a commercial open access platform.
The deal between the companies closed Thursday. According to the press release, the new company’s goal is to “create the United States’ largest commercial wholesale open access fiber network to bring high-speed connectivity to more Americans.”
“We believe fiber connectivity changes everything. That’s why we’re already one of the biggest investors in fiber in the United States,” said John Stankey, CEO of AT&T in a statement.
“The demand for high-speed connectivity is unprecedented, and through this innovative partnership with BlackRock, one of the world’s foremost investors in infrastructure, we’re able to connect even more people and businesses, accelerating our efforts to help close the digital divide,” he said.
Gigapower will enable AT&T to expand its fiber reach beyond its traditional areas and spread across the country, read the press release. BlackRock brings significant expertise and capital to support the buildout.
The company expects to expand into Las Vegas, Nevada and areas of Arizona as well as Northeastern Pennsylvania and parts of Alabama and Florida that are currently outside of AT&T’s service areas.
Christopher Sambar, executive vice president of AT&T, said in a Connect (X) event Wednesday that the company has already invested millions of dollars to build the most expansive fiber network in America.
Between 2018 and 2022, AT&T invested $120 billion into the US economy via capital expenditures, he said, making the company one of the largest capital investors in America.
Fiber is the backbone of wireless and 5G technology, he said. It is essential that the industry builds the foundation of fiber to support 5G and enable further innovations in the technology.
According to Sambar, well over 170 million customers are being serviced with high-speed 5G networks and close to 300 million are serviced with speeds close to 5G.
Open Access
Utility-Based Broadband Touted as Solution for Addressing Digital Divide
Broadband infrastructure can be seen as a fourth utility after water, gas and electricity.

HOUSTON, May 5, 2023 – A utility-based broadband model is the only solution to bridge the digital divide, panel heard at the Broadband Communities Summit Thursday.
“If we’re going to solve the digital divide, we need to use the utility model,” stated Josh Leonard from engineering company Burns and McDonalds.
A utility model, sometimes dubbed municipal broadband, is broadband infrastructure owned by public entities. Service is provided to residents by service providers that lease publicly owned networks in an open-access system.
Following the COVID-19 pandemic, most state and city officials understand that broadband needs to be the fourth utility – after water, gas and electricity – said Leonard, but they do not treat it as such.
Utilities understand how to operate large infrastructure projects that connect hundreds and thousands of homes, said Sean Stokes, partner at Keller and Heckman law firm. Utilities already have a core internal communication capability and already have essential infrastructure in place such as utility poles.
Although utilities rarely want to be an internet service provider, Stokes continued, they are uniquely positioned to effectively run the network and lease it to providers. Open access enables partnerships with entities that want to be investors but don’t want to operate or be a provider, said Ashley Poling of fiber network software company COS Systems.
Building single-use fiber, as many ISPs do when connecting communities, harms communities by requiring multiple digs in the future. The goal is to build capacity for all current and futures once, said Franciso Arbide of NextEra Infrastructure Solutions
Does so allows more flexibility to add providers, eliminates issues if providers have poor service, and put pressure on non-performing providers, said Arbide.
Entities looking to invest in large-scale infrastructure investments are not making realistic assessments of the actual cost of deploying infrastructure, cost and time to access utility poles, increased cost and delay in supply chains, and labor shortages, said Stokes. The best solution is to utilize the assets that utilities already have in their toolbelt, he said.
Experience is the number-one priority when looking to build a broadband project, agreed Seema Patel of Chapman and Cutler. “Having experience in the industry is really going to be critical,” she said.
“This infrastructure-based utility model is what succeeds,” said Poling. “The states that understand this will really achieve almost 100 percent digital equity. Others will not.”
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