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Municipal and Co-Op ISPs Raise ‘Anti-Competitive Concerns,’ Says Duke Professor

The average probability of new entrants dropped when one of two ISPs is owned by the municipality, a paper claims.

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Photo of Michelle Connolly, professor of the practice of economics at Duke University

WASHINGTON, December 8, 2022 – The presence of municipal and cooperative internet service providers discourages prospective entrants to the markets in which they operate, argued Michelle Connolly, professor of the practice of economics at Duke University, at web panel hosted Wednesday by the American Enterprise Institute.

Many industry experts say such providers benefit consumers by vesting network control in local communities, through either a government-owned ­– municipal – or member-owned – cooperative model. Local control shields consumers from potential fickleness from profit-driven commercial providers, those experts argue. The National Telecommunications and Information Administration, in the guidelines its landmark $42.45 billion fund for broadband deployment, encourage states – the middlemen in the funding process – to “ensure the participation of non-traditional providers,” citing as examples local governments and cooperatives.

However, such providers raise “anti-competitive concerns,” Connolly argued, referencing a paper she published earlier this year that examined the competitive effects of municipalities and cooperatives in Illinois broadband markets. In census blocks with two competing providers, if one is a municipal provider, the average probability of a new entry decreased from 46 to 32 percent, according to the paper. There is a higher likelihood of market disturbance in census blocks with up to four private firms, it found.

The paper says the presence of a cooperative reduces the probability of a new entry to a census block with two providers by about two percentage points.

At the AEI panel, Connolly explained that municipals and cooperatives enjoy extra-market advantages. “Both municipalities and cooperative internet service providers are insulated from regular market forces,” she said. “They may have access to income from other areas and aren’t going to necessarily respond in terms of entering based on market forces nor exiting based on market forces.”

Municipal providers have “a regulatory conflict of interest,” Connolly argued: “If a municipality is providing internet service, they are also regulating any other internet service providers in their footprint.”

Some experts have argued that municipally-owned, open-access networks — which allow multiple ISPs to ride on the same network — stimulate competition while providing the benefits of local control. In September, Christopher Mitchell, director of the community broadband networks Initiative at the Institute for Local Self-Reliance, argued that open access is 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.

Internet service providers pay federally regulated rates to attach to utility poles. Municipalities and cooperatives that own utility poles are exempt these regulations, Connolly said, which, if they are also service providers, allows them to raise rates on their competition.

“In Illinois, we observe that the average pole attachment rate charged by Munis and Coops are respectively 8 percent and 27 percent higher than those charged by privately owned poles,” Connolly’s paper reads. “While, this is significant, it is much smaller than the average national ‘premium’ charged by Muni and Coop pole owners of 217 percent and 225 percent, respectively, compared to privately owned poles”

Community Broadband

Sean Gonsalves: After Years of Talk, Cambridge is Now Taking Serious Look at Municipal Broadband

Cambridge aims to construct a citywide fiber network that passes all 52,300 residences and businesses in the city.

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Photo of Harvard Square used with permission

In Cambridge, Massachusetts, digital equity advocates and city leaders have been debating the idea of building a citywide municipal fiber network for years now, mostly over whether the estimated $150 to $200 million it would cost to build the network would be worth it.

In a tech-savvy city, home to Harvard and MIT, the former city manager was resistant to a serious inquiry into municipal broadband. He retired last summer. But before he left, he relented on the broadband question – under pressure from city councilors and a local citizen group advocating for municipal broadband, Upgrade Cambridge.

With many residents weary of being held hostage to the whims and high cost of service from the monopoly provider in town (Comcast), which currently controls 80 percent of the city’s market, in 2021 the city hired the well-regarded Maryland-based consulting firm CTC Technology & Energy to conduct a thorough feasibility study. Now, with a new supportive city manager in office, city leaders have agreed to continue to investigate the options laid out in the recently published study.

‘Significant public support’ even if it requires tax money

The study found that for Cambridge to construct a “financially sustainable” citywide fiber network that passes all 52,300 residences and businesses in the city, “a significant public contribution would be required.”

“In a base-case scenario that applies conservative construction cost assumptions and reasonable revenue projections,” the study says, “the network could require an upfront public capital contribution of $150 million.”

While some city leaders initially balked at the price tag, a market survey conducted by CTC, found “significant public support for the City taking steps to bring about a new FTTP service, even if a public contribution is required.”

“Eighty-seven percent of respondents agreed that Cambridge needs an additional Internet service provider. When asked if they support City facilitation even if it required a contribution, two-thirds of respondents strongly agreed (40 percent) or agreed (26 percent) the City should facilitate building a fiber broadband network that allows for high-speed service and competition, even if this requires a tax subsidy.”

And when asked if they would be willing to purchase services from a new provider, 58 percent of survey respondents who now get service from Comcast said they would be “very or extremely likely” to subscribe to new Internet service.

Early on, the study seeks to disabuse councilors of the notion that municipal broadband means the city must go it alone and “be the only entity that builds, operates, maintains, and directly markets and offers retail services.”

The city has options, which may involve public-private partnerships. In fact, the study says, “there exists a strong likelihood of private interest in a partnership with the City on a broadband network.”

From there, the study lays out four models the city could pursue and includes a detailed analysis of the risks and trade-offs associated with each: a network fully owned and operated by the city; one where the city builds and owns the infrastructure and then contracts with a private ISP to offer retail service; an open access network in which the city builds and owns the infrastructure and then leases the network to multiple private providers; or one that is largely funded and operated by a private provider.

Cambridge fiber backbone rendering

Cost assumptions and architecture

The construction cost estimates were based on several assumptions, namely that the network would consist of “62 percent aerial construction using existing utility poles and 38 percent underground construction” with an estimated construction timeline of about five years.

Additionally, the cost estimate assumes a 40 percent take-rate that would generate $70 per month, per user “with prices increasing by 3 percent per year.”

As for network architecture, the study advises the city seek to build a network “based on a Gigabit Passive Optical Network (GPON) architecture, which is the most commonly provisioned fiber-to-the-premises service” – the same kind of architecture used by the AT&T, Verizon Fios and Google Fiber, which could be “easily leveraged by triple-play carriers for voice, video, and data services.”

All told, the study envisions deploying 130 miles of fiber both aerially and underground that “will vary between 12- and 288-count based on the projected need in the area,” with a backbone that ranges from 144- to 288-count cables.

City councilors debate familiar questions, skepticism recedes

When CTC presented the results of the feasibility study in March, it proved to be a real eye-opener for one skeptical City Councilor.

As reported by Cambridge DayCouncilor Burhan Azeem said, “it doesn’t sound like it would be as big of a construction project as I was initially worried about.”

“I was a little bit skeptical of municipal broadband because of the cost of $200 million and all this time and energy and effort. And the benefits weren’t clear to me. This conversation has been really helpful in convincing me otherwise.”

When councilors asked about whether it was worth the investment in light of other challenges the city faced such as housing, CTC President Joanne Hovis laid out the variety of community benefits such networks provide in terms of improving economic vitality and quality-of-life – including the ability “to deliver services that we can’t imagine right now.”

It led Councilor Quinton Zondervan to observe that robust high-speed Internet infrastructure is as vital as roads, further noting: “If we went back in time 100 years, we would be debating whether to pave the roads in Cambridge. In the case of broadband, it’s creating potential new business opportunities, learning opportunities and economic opportunities for our residents.”

What’s next?

Should City Councilors decide to move forward, the study provides a “roadmap” for next steps, which includes meeting with and researching potential partners; selecting a business model; issuing an RFI; preparing and launching a procurement process; evaluating bids and selecting partner(s); conducting final negotiations; and awarding a contract.

Cambridge Next Steps timeline

As for CTC’s recommendation on which business model to pursue, the study says that should the city decide to move forward, CTC recommended the city pursue either building an open-access dark fiber network and lease it to multiple private providers, or enter into a public-private partnership where the private provider shoulders most of the financial risks while allowing the city to retain “long-term ownership” of the network.

Roy Russell, founding member of Upgrade Cambridge, told ILSR he was pleased with the study and the progress city leaders seem to be making to explore how they can bring more reliable and affordable competition to the market.

“One reason municipal broadband runs into trouble, in the few that have had problems, is because they either underestimated the costs or overestimated the revenue,” Russell said. “That’s why I think this study is great because it’s a conservative analysis with plenty of contingencies built in.”

Should the city be successful in building a citywide fiber network, “even for the people who wouldn’t switch (to a new provider), they still benefit greatly from competitive pressure – better service, cheaper rates. Now, there’s no way for the city to monetize that. But, it benefits everyone. So the city should see that, and not look at this as a business proposition in terms of: how are we going to make money off of this,” Russell said.

“The city should see this as infrastructure investment the same way we invest in schools, roads, and sewers. It’s about providing services. I mean, we’ve spent somewhere around $500 million renovating our schools. And the schools are great. So I see this (construction cost) as the price to get competition in the city. The phrase ‘Feasibility Study’ implies: can we do this? There isn’t any question about the technical feasibility. That’s well known. It’s entirely feasible. So the question is: what is the cost and how much value does it brings the city?”

Now that the study has been completed, Russell says his group has a simple ask – that city leaders “proceed in an open and deliberate manner to better understand the alternatives and the decisions that need to be made. We believe if they look at the value it brings, the answer will be to definitely move ahead.”

This article originally appeared on the Institute for Local Self Reliance’s Community Broadband Networks project on May 30, 2023, and is reprinted with permission.

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Community Broadband

Gigi Sohn Announced as New Executive Director of the American Association for Public Broadband

In surprise announcement at keynote luncheon, Sohn revealed as the first executive director of the new organization advocating for municipalities.

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Photo of Gigi Sohn at press conference at Broadband Communities by Drew Clark

HOUSTON, May 3, 2023 – President Joe Biden’s former Federal Communications Commission nominee Gigi Sohn concluded her keynote remarks at the Broadband Communities Summit here with the announcement that she will be the first executive director of the American Association for Public Broadband.

“With money flowing from federal governments down to states and localities for public broadband to have a network that works for them,” Sohn said, “now is the perfect time“ to join the new association, whose founding was announced at the summit here last May.

Sohn said that public providers need to “have access to the same funding as private” ISPs.

In remarks at a press conference following the announcement, Sohn highlighted the need for public broadband advocates to find local community champions for broadband networks.

Such champions, Sohn said, need to say: “I want this, my community needs this, and we are going to figure out a way to have this.”

“We need to find those people,” she said of the state and local champions for broadband. “An awful lot of them are in conservative states.”

In announcing her new position in a fireside chat, Sohn talked about her 16 months after being designated a Federal Communications Commissioner by President Biden in November 2021, the trials of three congressional hearings, and her decision to withdraw her nomination from consideration in March 2023 after failing to secure the votes for Senate passage.

Sohn spoke in the luncheon keynote with Kim McKinley, chief marketing officer at UTOPIA Fiber, and Bob Knight, a local government official from Richfield, Connecticut.

Vocal advocate for public broadband

Sohn has been a vocal advocate of public broadband for years, and said that “there should be a level playing field” between public and private broadband. “This is about freedom for communities and their leaders to choose what kind of broadband their residents should have,” she said.

Sohn’s leadership of the association will focus on building this freedom for public broadband, she said.

She said that her number one priority will be to increase membership of AAPB, she said. The next priority will be to ensure that public broadband entities have access to federal funding coming down the pipeline on an equal basis to private companies.

The non-profit AAPB was founded by state and local broadband officials to build a diverse membership of public broadband networks nationwide and advocate for municipal broadband at all government levels.

“Until now, there has not been a membership-based advocacy organization that works to ensure that public broadband can grow unimpeded by anti-competitive barriers,” said Sohn. “We have the chance to make a positive case for states to fund and communities to choose public broadband and oppose barriers to local choice.”

Speaking of her 16 month ordeal, Sohn said it was “enormously frustrating” to not be able to talk about important issues during the process.

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Community Broadband

Public-Private Partnership Provides Access and Affordability Solutions in Brownsville

In 2014, Brownsville was ranked as the worst-connected city in the United States.

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Photo of Brownsville Assistant City Manager Elizabeth Walker at the Broadband Communities Summit by Drew Clark

HOUSTON, May 2, 2023 — In a city previously known for having the worst digital divide in the country, a new public-private partnership is offering potential solutions for building out middle mile and last mile fiber infrastructure while remaining accessible for a low-income population.

The city of Brownsville, Texas and its private partner Lit Communities are working together to “speak to exactly those concerns that our constituents expressed to us — access and affordability,” said Elizabeth Walker, Brownsville’s assistant city manager, in a keynote address at the Broadband Communities Summit on Monday.

Brownsville is investing $19.5 million in funding from the American Rescue Plan Act to construct middle mile infrastructure and connect community anchor institutions, and private providers will closely follow to build out the last mile network. The initiative, called BTX Fiber, will utilize an open access model to promote competition.

In 2014, the National Digital Inclusion Alliance ranked Brownsville as the worst-connected city in the United States, noting that 44.8 percent of the city’s households lacked internet access.

Over the course of the COVID-19 pandemic, the city’s growing digital divide had significant costs for residents who were unable to participate in remote work or education.

“The digital divide was very real, and it was crushing the potential of the next generation,” Walker said.

In addition to a lack of broadband availability, many residents also struggled with a lack of affordability, Walker added. In fact, affordability was mentioned by nearly a third of the residents who commented in a feasibility study commissioned by the city.

“Our population is, by every definition, low income and suffers the challenges of that socioeconomic burden… a full third of our population is categorically within poverty,” she said.

BTX Fiber’s pricing structure was carefully designed to provide a service tier that would be completely subsidized through the Affordable Connectivity Program for eligible households, offering symmetrical speeds of 100 megabits per second. On the upper end, the network aims to provide symmetrical gigabit speeds.

Walker highlighted the need for augmenting staff as one of the major lessons learned throughout the process. In addition to bringing in technological subject matter experts, the city is partnering with a local college to create a workforce development program in hopes of training workers to install the middle mile infrastructure.

Another takeaway from the project has been the importance of staying agile, Walker said. “Where we are right now… is not necessarily how it is we thought we would get to where we are.”

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