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Countries Moving at Light Speed to Expand Fiber, While U.S. Keeps Subsidizing DSL

This week, the FCC announced bidding has finished for the latest Connect America Fund (CAF) broadband subsidies auction.

Once again, the FCC gave first priority to incumbent phone companies to bid for the subsidies, which defray the cost of expanding internet access to homes and businesses otherwise unprofitable to serve. Nearly $2 billion was left on the table by disinterested phone companies after the first round of bidding was complete, so the FCC’s second round opened up the leftover money to other telecom companies.

Winning bidders will receive their portion of $198 million annually in 120 monthly installments over the next ten years to build out rural networks. In return, providers must promise to deliver one broadband and voice service product at rates comparable to what urban residents pay for service. The winning bids, still to be publicly announced, will come from rural electric and phone cooperatives, satellite internet providers, fixed wireless companies, and possibly a handful of cable operators. But much of the money overall will be spent by independent phone companies rolling out slow, copper-based, DSL service.

Because the total committed will take a decade to reach providers, rural Americans will likely face a long wait before what purports to be “broadband” actually reaches their homes and businesses.

While many co-ops will spend the money to expand their own homegrown fiber-to-the-home services, most for-profit providers will rely on wireless or copper networks to deliver service.

Telefónica Spain

Overseas, broadband expansion is headed in another direction — expansion of fiber-to-the-home service, with little interest in investing significant sums on furthering old technology copper wire based DSL and fixed wireless services. The expansion is moving so quickly, Verizon made certain to sign long-term contracts with optical fiber suppliers like Corning in 2017 to guarantee they will not be affected by expected shortages in optical fiber some providers are already starting to experience.

Virtually everywhere in developed countries (except the United States), fiber broadband is quickly crowding out other technologies, despite the significant cost of replacing copper networks with new optical fiber cables. If a provider is brave enough to discount investor demand for quick returns and staying away from big budget upgrade efforts, the rewards include happier customers and a clear path to increased revenue and business success.

Not every Wall Street bank is reluctant to support fiber upgrades. Credit Suisse sees a need for optical fiber today, not tomorrow among incumbent phone and cable companies.

“The cost of building fiber is less than the cost of not building fiber,” the bank advised its clients. The reason is protecting market share and revenue. Phone companies that refuse to upgrade or move at a snail’s pace to improve their broadband product (typically DSL offering 2-12 Mbps) have lost significant market share, and those losses are accelerating. Ditching copper also saves companies millions in maintenance and repair costs.

Canada’s Telus is a case in point. Its CEO, Darren Entwistle, reports Telus’ effort to expand fiber optics across its western Canada service area is already paying off.

“We see churn rates on fiber that are 25% lower than copper,” Entwistle said. “35% lower in high-speed internet access, and 15% lower on TV — 25% lower on average. We’re seeing a reduction in repair volumes to the tune of 40%. We’re seeing a nice improvement in revenue per home of close to 10%.”

Telus promotes its fiber to the home initiative in western Canada as a boost to medical care, education, the economy, and the Canadian communities it serves. (1:31)

Telus’ chief competitor is Shaw Communications, western Canada’s largest cable company. Fiber optics allows Telus to vastly expand internet speeds and reliability, an improvement over distance sensitive DSL. Shaw Cable has boosted its own broadband speeds and offers product bundles that have been largely responsible for Telus’ lost customers, until its fiber network was switched on.

In economically challenged regions, fiber optic expansion is also growing, despite the cost. In Spain, Telefónica already provides service to 20 million Spaniards, roughly 70% of the country, and plans to continue reaching an additional two million homes and businesses a year until the country is completely wired with optical fiber. In Brazil, seven million customers will have access to fiber to the home service this year, expanding to ten million by 2020.

Verizon and AT&T regularly ring alarm bells in Congress that China is outpacing the United States in 5G wireless development, but are strangely silent about China’s vast and fast expansion into fiber optic broadband that companies like Verizon stopped significantly expanding almost a decade ago. China already has 328 million homes and businesses wired for fiber and added another five million homes in the month of June alone. AT&T will take a year to bring the same number of its own customers to its fiber to the home network.

The three countries that are most closely aligned with the mentality of most U.S. providers — the United Kingdom, Australia, and Germany — are changing their collective minds about past arguments that fiber to the home service is too costly and isn’t necessary.

The government of Martin Turnbull’s cost concerns forced a modification of the ambitious proposal by the previous government to deploy fiber to the home service to most homes and businesses in the country. That decision to spend less is coming back to haunt the country after Anne Hurley, a former chief executive of the Communications Alliance involved in the National Broadband Network (NBN), admitted the cheaper NBN will face an expensive, large-scale replacement within a decade.

ABC Australia reports on findings that the country’s slimmed-down National Broadband Network is inadequate, and parts will have to be scrapped within 5-10 years (1:37)

Turnbull’s government advocated for less expensive fiber to the neighborhood technology that would still rely on a significant amount of copper wiring installed decades ago. The result, according to figures provided to a Senate committee, found only a quarter of Australians will be able to get 100 Mbps service from the NBN, with most getting top speeds between 25-50 Mbps.

Despite claims of technical advancements in DSL technology which have claimed dramatic speed improvements, Hurley was unimpressed with performance tests in the field and declared large swaths of the remaining copper network will have to be ripped up and replaced with optical fiber in just 5-10 years.

“If you look around the world other nations are not embracing fiber-to-the-[neighborhood] and copper … so yes, it’s all going to have to go and have to be replaced,” she said.

In the United Kingdom, austerity measures from a Conservative government and a reluctant phone company proved ruinous to the government’s promise to deliver “superfast broadband” (at least 24 Mbps) over a fiber to the neighborhood network critics called inadequate from the moment it was switched on in 2012. The government had no interest in financing a fiber to the home network across the UK, and BT Openreach saw little upside from spending billions upgrading the nation’s phone lines it now was responsible for maintaining as a spun-off entity from BT. In 2015, BT Openreach’s chief technology officer called fiber to the home service in Britain “impossible” and too expensive.

Two years later, while the rest of Europe was accelerating deployment of fiber to the home service, the government was embarrassed to report its broadband initiative was a flop in comparison, and broke a key promise made in 2012 that the UK would have the fastest broadband in Europe by 2015. Instead, the UK has dropped in global speed rankings, and is now in mediocre 35th place, behind the United States and over a dozen poorer members of the EU.

What was “impossible” two years ago is now essential today. The latest government commitment is to promote optical fiber broadband using a mix of targeted direct funding, “incentives” for private companies to wire fiber without the government’s help, and a voucher program defraying costs for enterprising villages and communities that develop their own innovative broadband enhancements. The best the government is willing to promise is that by 2033 — 15 years from now — every home in the UK will have fiber broadband.

Deutsche Telekom echoed BT Openreach with claims it was impossible to deliver fiber optic broadband throughout an entire country.

Deutsche Telekom’s dependence on broadband-enhancements-on-the-cheap — namely speed improvements by using vectoring and bonded DSL are increasingly unpopular for offering too little, too late in the country. Deutsche Telekom applauded itself for supplying more than 2.5 million new households with VDSL service in 2017, bringing the total number served by copper wire DSL in Germany to around 30 million. The company, which handles landline, broadband and wireless phone services, is slowly being dragged into fiber broadband expansion, but on a much smaller scale.

In March, Telekom announced a fiber to the home project in north-east Germany’s Western Pomerania/Rügen district for 40,000 homes and businesses. The network will offer speeds up to 1 Gbps. In July, Telekom was back with another announcement it was building a fiber optic network for Stuttgart and five surrounding districts Böblingen, Esslingen, Göppingen, Ludwigsburg, and Rems-Murr, encompassing 179 cities and municipalities. But most of the work will focus on wiring business parks. Residents will have a 50% chance of getting fiber to the home service by 2025, with the rest by 2030.

In contrast, the chances of getting fiber optic broadband in the U.S. is largely dependent on which provider(s) offer service. In the northeast, Verizon and Altice/Cablevision will go head to head competing with all-fiber networks. Customers serviced by AT&T also have a good chance of getting fiber to the home service… eventually, if they live in an urban or suburban community. Overbuilders and community broadband networks generally offer fiber service as an alternative to incumbent phone and cable companies, but many consumers don’t know about these under-advertised competitors. The chances for fiber optic service are much lower if you live in an area served by a legacy independent phone company like Frontier, Consolidated, Windstream, or CenturyLink. Their cable competitors face little pressure to rush upgrades to compete with companies that still sell DSL service offering speeds below 6 Mbps.

CAF funding from the FCC offers some rural areas a practical path to upgrades with the help of public funding, but with limited funds, a significant amount will be spent on yesterday’s technology. In just a few short years, residents will be faced with a choice of costly upgrades or a dramatic increase in the number of underserved Americans stuck with inadequate broadband. Policymakers should not repeat the costly mistakes of the United Kingdom and Australia, which resulted in penny wise-pound foolish decisions that will cost taxpayers significant sums and further delay necessary upgrades for the 21st century digital economy. The time for fiber upgrades is now, not in the distant future.

Google Fiber Contemplates Renewing Expansion with Google “SuperPON” Fiber Architecture

Phillip Dampier August 22, 2018 Broadband Speed, Competition, Consumer News, Google Fiber & Wireless Comments Off on Google Fiber Contemplates Renewing Expansion with Google “SuperPON” Fiber Architecture

Google may be considering renewing expansion of its fiber to the home networks with a new technology that can extend network distances and cut costs.

Telecompetitor reports Google’s “SuperPON” architecture can support up to 1,024 customers over a distance of as much as 50 kilometers, dramatically reducing the costs to lay fiber and build central switching offices to manage connections across a metro area.

Current passive optical networks (PON) can support only 64 customers over a distance of up to 20 kilometers, which means companies have to lay cables with a larger bundle of optical fibers and construct as many as 16 central offices in each metro area to support its operations. If Google can manage to reduce the size of the cable, as it can using SuperPON technology, the company can bury fiber cables using microtrenching, which costs much less than traditional buried conduit.

As a result of improved amplification technology, Google can reach many more customers over a much larger distance using a            single strand of fiber, and offer each customer as much as 10 Gbps broadband. The SuperPON technology appears to be based on Google’s Go-Long network concept, introduced in 2017.

Claudio DeSanti, an architect for Google, told an audience at the Adtran Connect conference that Google has already deployed its SuperPON technology in one unspecified Google Fiber market, and the cost savings achieved could allow Google to return to fiber broadband buildouts. Google effectively paused its fiber expansion effort in late 2016 after examining the costs and the competitive impact of cable and phone company incumbents upgrading their own services to compete with Google. To be economically feasible, a new entrant must capture a certain percentage of market share to pay off network construction costs and be seen as economically viable. Google can either grow market share or reduce the costs of network construction to keep Google Fiber tenable.

DeSanti claims reducing cable size is not only less costly, it also results in higher reliability and an easier ability to repair damaged cables. Construction and labor expenses would also be slashed because Google’s SuperPON technology only needs an average of three central offices in a metro area, down from 16 or more using traditional PON technology. DeSanti hopes the SuperPON architecture will become an industry standard, which would reduce costs further through mass production of cables and construction equipment.

After Google pulled back from its fiber expansion project, the company turned towards fixed wireless services in urban areas and multi-dwelling units, which is ongoing.

Tennessee’s “Smoke and Mirrors” Rural Broadband Initiatives Fail to Deliver

Phillip Dampier July 25, 2018 AT&T, Broadband "Shortage", Charter Spectrum, Comcast/Xfinity, Community Networks, Competition, Consumer News, Public Policy & Gov't, Rural Broadband, Video Comments Off on Tennessee’s “Smoke and Mirrors” Rural Broadband Initiatives Fail to Deliver

Rural Roane County, Tenn.

Earlier this month, a standing room only crowd packed the offices of Rockwood Electric Utility (REU) in Rockwood, Tenn., despite the fact the meeting was held at 10 a.m. on a Friday morning.

Local residents were there on a work day to listen to area providers and local officials discuss rural broadband access. Most wanted to know exactly when the local phone or cable company planned to expand to bring internet access to the far corners of the region between Knoxville and Chattanooga in east Tennessee.

Comcast, Charter, and AT&T told Roane County Commissioners Ron Berry and Darryl Meadows, State Sen. Ken Yager (R-Kingston), and the crowd they all had a long wait because the companies couldn’t profit offering rural broadband service to the county.

“That is what our shareholders expect and the way we operate in a capitalistic society,” declared Andy Macke, vice president of external affairs at Comcast.

“The biggest challenge for all of you in this room is what they call the last mile,” said Alan L. Hill, the regional director of external and legislative affairs at AT&T Tennessee. “It is a challenge. We all face these challenges.”

In short, nothing much had changed in Roane County, or other rural counties in southeastern Tennessee, to convince service providers to spend money to bring internet service to the region. Until that changed, AT&T, Comcast and others should not be expected to be on the front lines addressing rural internet access. Successive governors of Tennessee have long complained about the rural broadband problem, but the state legislature remains cool to the idea of the state government intervening to help resolve it.

Gov. Haslam

In 2017, Tennessee Gov. Bill Haslam noted Tennessee currently ranked 29th in the U.S. for broadband access, with 34 percent of rural Tennessee residents lacking access at recognized minimum standards. In splashy news releases and media events, Haslam sold his solution to the problem — the Broadband Accessibility Act, offering up to $45 million over three years to assist making broadband available to unserved homes and businesses.

In reality, the law authorized spending no more than $9.5 million annually on rural broadband grants over the next three years. It also slashed the FCC’s broadband standard from 25/3 Mbps to 10/1 Mbps, presumably a gift to the phone companies who prefer to offer less-capable DSL service in rural areas. In the first year of awards, 13 Tennessee counties, none in the southeastern region where Roane County lies, divided the money, diluting the impact to almost homeopathic strength.

Critics called Haslam’s broadband improvement program “The Smoke and Mirrors Act” for promising a lot and delivering little. At current funding levels, broadband service can only be expanded to 5,000 of the estimated 422,000 households that lack access to internet service, and then only with the award winner’s matching financial contribution.

The demand for rural broadband financial assistance is obvious from the $66 million in requests received from 71 different utilities, co-ops, and communications companies in the first year of the program, all seeking state funding to expand rural broadband. Only a small fraction of those requests were approved. AT&T applied for money targeting Roane County and was turned down. AT&T’s Hill expressed sympathy for the county’s school children who need to complete homework assignments by borrowing Wi-Fi access from fast food establishments, area businesses, and larger libraries. But AT&T’s sympathy will not solve Roane County’s broadband problems.

What might is Rockwood Electric Utility, the municipal power company that sponsored the broadband event.

REU is a not-for-profit, municipally owned utility that has successfully served portions of Roane, Cumberland, and Morgan counties since 1939. By itself, the community-owned utility is no threat to companies like Comcast, because it offers service in places the cable company won’t. But if REU partnered with other municipal providers and offered internet service in larger nearby towns and communities to achieve economy of scale and a more secure financial position, that is a competitive threat apparently so perilous that the telecom industry spent millions of lobbying dollars on state legislatures like the one in Tennessee to ghost-write legislation to discourage utilities like REU from getting into the broadband business, much less dare to compete directly with them. AT&T, Charter, and Comcast also fear how they will compete against municipal utilities that have successfully delivered electric service and maintained an excellent reputation in the community for decades.

Tennessee law is decidedly stacked in favor of AT&T, Charter, and Comcast and against municipal utilities. Although the state allows municipal providers to supply broadband, it can come only after satisfying a series of regulatory rules designed to protect commercial cable and phone companies. It also prohibits municipal providers from offering service outside of existing service areas. That leaves communities served by a for-profit, investor-owned utility out of luck, as well as residents in areas where a rural utility lacked adequate resources to supply broadband service on its own.

Haslam’s Broadband Accessibility Act cynically retained these restrictions and blockades, hampering the rural broadband expansion the law was supposed to address.

For several years, Sen. Janice Bowling (R-Coffee, Franklin, Grundy, Marion, Sequatchie, Van Buren and Warren Counties), has tried to cut one section of Tennessee’s broadband-related laws that prohibits municipal providers from offering service outside of their existing utility service area. Her proposed legislation would authorize municipalities to provide telecommunication service, including broadband service, either on its own or by joint venture or other business relationship with one or more third parties and in geographical areas that are inside and outside the electric plant’s service area.

In her sprawling State Senate District 16, a municipal provider already offers fiber broadband service, but Tennessee’s current protectionist laws prohibit LightTUBe from offering service to nearby towns where service is absent or severely lacking. That has left homes and businesses in her district at a major disadvantage economically.

Sen. Janice Bowling (R-Tenn.) discusses rural broadband challenges in her 16th district south of Nashville and her bill to help municipal utilities provide broadband service. (4:20)

“In rural Tennessee, if we have what is called an industrial park, and we have electricity, you have running water, you have some paved roads, but if you do not have access to fiber at this point, what you have is an electrified cow pasture with running water and walking trails. It is not an industrial park,” she complained, noting that the only reason her bill is prevented from becoming law is lobbying by the state’s cable and phone companies. “We can no longer leave the people of Tennessee hostage to profit margins of large corporations. We appreciate what they’re doing. We appreciate where they do it, but in rural Tennessee we will never meet their profit margins and so we can no longer be held hostage when we have the ability to help ourselves.”

Sen. Yager

Her sentiment in shared by many other Tennessee legislators who serve rural districts, and her Senate bill (and House companion bill) routinely receive little, if any, public opposition. But private lobbying by telecom industry lobbyists makes sure the bill never reaches the governor’s desk, usually dying in an obscure committee unlikely to attract media attention.

That reality is why residents of Roane County were meeting in a crowded room to get answers about why broadband still remained elusive after several years, despite the high-profile attention it seems to get in the legislature and governor’s office.

“‘It is a critical issue as I said. It is not a luxury. It is a necessity. I certainly understand your frustration,” responded Sen. Ken Yager. “This problem is so big I don’t think one person can do it alone, one entity. It’s going to have to have partnerships. One thing this bill encourages is for your co-ops to partner with one another to bring broadband in.”

The bill Sen. Yager refers to and endorsed at the meeting was written by Sen. Bowling. Sen. Yager must be very familiar with Bowling’s proposals, because she has appeared before the Senate Commerce & Labor Committee he belongs to year after year to promote it. On March 3, 2018, the bill failed again in a 4-3 vote. But unbeknownst to those in attendance at the public meeting, Sen. Yager himself delivered the fourth “no” vote that killed the bill.

Undeterred, Bowling promises to be back next year with the same bill language as before. Perhaps next time, voters will know who their friends are in the legislature, and who actually represents the interests of big corporate cable and phone companies.

Lifting Co-Op Broadband Restrictions in Tennessee Triggers Major Fiber Expansion

Phillip Dampier July 3, 2018 Broadband Speed, Community Networks, Competition, Consumer News, Public Policy & Gov't, Rural Broadband Comments Off on Lifting Co-Op Broadband Restrictions in Tennessee Triggers Major Fiber Expansion

While parts of rural Tennessee languish with little or no broadband service, the state’s electric cooperatives are jumping to deliver internet access over fiber optic cables after the governor eased restrictions written into state law on rural co-ops offering public broadband service.

After Gov. Bill Haslam (R) signed a bill in 2017 permitting not-for-profit electric co-ops to offer broadband service to their customer-members, at least seven of Tennessee’s 22 municipal co-ops almost immediately launched fiber to the home service projects that offer faster and more reliable service than many of the state’s phone companies that still offer DSL service (or nothing at all).

Offering broadband service is a win-win for small communities and the co-ops that serve them, because existing infrastructure already in place to provide electric service can be augmented with fiber optic cables to deliver phone, television, and internet service as well. Co-ops can also use the fiber infrastructure to manage smart electricity grids, which can better detect outages and offer useful power management tools.

Among some of the projects now underway:

  • Tri-County Fiber Communications  of Lafayette, Tenn., serves more than 50,000 customers in rural Tennessee and Kentucky. Its fiber project will serve part of its current service area and is enrolling customers now who want to commit themselves as future customers and avoid a $1,500 installation fee.
  • SVEConnect, providing electric service since 1939, will offer customers in seven counties starting internet speeds of 200 Mbps and up to 1 Gbps in 2018, along with phone and television service.
  • Gibson Connect, operated by the Gibson Electric Membership Corporation, offers service to 39,000 homes and businesses in eight west Tennessee counties (Crockett, Dyer, Gibson, Haywood, Lake, Lauderdale, Obion and Madison) and four west Kentucky counties (Carlisle, Fulton, Graves and Hickman). Fiber broadband is planned to roll out gradually in many of these areas, and the co-op has already signed up 6,000 customers before service is even available. Gibson Connect will sell 100 Mbps internet for $49.95 and 1,000 Mbps service for $69.95 a month. Some customers in its service area are already served by other providers, but Gibson promises faster speeds, no data caps, and more affordable pricing.

The conservative and industry-backed groups that coordinated with the telecom industry to push Tennessee to pass restrictive laws effectively banning municipal or public broadband competition are grudgingly tolerating co-ops entering the broadband marketplace, as long as they only service areas where they won’t compete with an established phone or cable company. They also must remain within their electric service area.

Those opposed to public broadband claim the networks offer unfair competition because they often receive subsidies or grants. But many municipalities are doubly frustrated because the same companies that are lobbying to keep them out of the broadband business also refuse to provide service in their towns and villages. Many communities are too small or sparsely populated to provide enough Return On Investment (ROI) to entice those providers to expand, they add.

In areas where residents are quick to complain about government spending, many are strongly in favor of broadband development. Local officials have been told by frustrated residents, “if you do not provide the service, nobody else will.”

Despite the flourishing of fiber-fast broadband in areas served by co-ops, other parts of Tennessee remain broadband dead zones because the current state law continues to frustrate local communities trying to build financially feasible broadband projects that have a chance of breaking even. Tennessee’s Rep. Marsha Blackburn, who is running for a Senate seat this year, is notoriously one of the country’s biggest allies of AT&T, Comcast, and other telecom companies and favors keeping public broadband in shackles. She is also among the top recipients of campaign contributions from the telecom industry.

Conn. Regulator Bans Public Broadband to Protect Comcast, Frontier, and Altice from Competition

Connecticut’s telecommunications regulator has effectively banned public broadband in the state, ruling that municipalities cannot use their reserved space on utility poles if it means competing with the state’s dominant telecom companies — Comcast, Altice, and Frontier Communications.

The ruling by Connecticut’s Public Utilities Regulatory Authority (PURA) is a death-blow for municipalities seeking to build gigabit fiber networks to offer residents the broadband speeds and services that incumbent phone and cable companies either refuse to provide or offer at unaffordable prices.

Among the petitioners appealing to PURA to protect them from competition is Frontier Communications, which owns a large number of utility poles across the state acquired from AT&T. The company was unhappy that municipalities were planning to use reserved space on state utility poles to construct fiber to the home networks that are generally superior to what Frontier offers consumers and businesses in the state. Other providers, like Frontier, said little about the early 1900s Connecticut statute that guarantees municipalities “right of use space” on poles until it became clear some communities were planning to threaten their monopoly/duopoly profits.

The law was originally written to deal with the dynamic telecommunications marketplace that was common in the U.S. during the late 1800s and early 1900s. Utility pole owners were confronted with a myriad of companies selling telegraph and telephone service — all seeking a place on increasingly crowded poles. Local governments could have been crowded out, were it not for the “Act Concerning the Use of Telegraph and Telephone Poles,” approved on July 19, 1905. It was one sentence long:

Every town, city, or borough shall have the right to occupy and use for municipal purposes, without payment therefor, the top gain of every pole now or hereafter erected by any telephone or telegraph company within the limits of any such town, city, or borough.

The law stood as written until 2013, when the legislature clarified exactly who could benefit from the use of “municipal gain.” Where the original law effectively protected reserved pole space for “municipal” use, the language was broadened in 2013 to read “for any purpose.”

Observers said the law was modified because of ongoing disputes with pole owners relating to planned municipal broadband projects. Frontier, in particular, has sought restrictive pole attachment agreements with communities trying to build out their broadband networks. In addition to accusations of foot-dragging over issues like “make ready” — when existing pole users move wiring closer together to make room for new providers, Frontier has tried to impose restrictive language on communities that would permanently restrict their ability to offer service. The most common restriction is to compel towns to agree to use their pole space exclusively “for government use,” which would restrict third-party providers hired to manage a community’s municipal broadband service.

PURA’s decision surprised many, because it completely ignored the 2013 language changes and relied instead on its perception of a conflict between state and federal laws. PURA ruled “municipal gain” establishes “preferential access” for towns and communities, and could be in conflict with the federal Communications Act, which mandates “non-discriminatory access” to utility poles, and prohibits local governments from blocking companies from providing telecommunications services.

“Providing municipal entities free access to the communications gain for the purpose of offering competitive telecommunications services … appears to be inconsistent with these principals and other aspects of federal law,” the decision reads.

In the early 20th century, vibrant competition meant a lot of utility poles were crowded with wires.

Except communities are not seeking to block providers looking to offer broadband service. These communities are seeking to become a provider. Pole attachment controversies typically relate to unreasonable limits on access to poles and allegations of price gouging pole attachment fees, not “preferential access.”

The end effect of PURA’s ruling: communities can use their pole space for government or institutional purposes only, such as building closed fiber networks available only in public buildings like libraries, schools, town halls, and police and fire departments. It also means any community seeking to build a fiber broadband network serving homes and businesses will either have to pay market rates for pole space, give up on the project, or place all the project’s wiring exclusively underground — a potentially costly alternative to aerial cable and one likely to cost taxpayers millions.

“We are very disappointed in the decision,” Consumer Counsel Elin Katz told Hartford Business. Katz is a strong supporter of municipal broadband. “It ignores the plain language of the statute, and by deciding that [municipal gain] cannot be used by our cities and towns to provide broadband to those affected by the digital divide, denies our municipalities a tool provided by the legislature for just that purpose.”

Frontier and the state’s cable and wireless companies, however, are delighted PURA has come to their rescue, calling its decision “fully consistent with the law.”

“Frontier Communications continues to support efforts to expand broadband access in Connecticut,” said spokesman Andy Malinowski. “PURA reached the correct result. This decision helps ensure the continuation of robust broadband competition in our state.”

The New England Cable & Telecommunications Association (NECTA), the cable industry’s regional lobbying group in the region, was also happy to see an end to unchecked municipal broadband growth and the competition it will bring.

“Our members, who pay millions of dollars annually to rent space on utility poles, offer competitive broadband services with speeds ranging up to 1 gigabit-per-second for residential Connecticut customers, in addition to offering speeds up to 10 gigabits for business customers,” noted NECTA CEO Paul Cianelli.

Other supporters of PURA’s decision include the wireless industry lobbying group CTIA and the Communications Workers of America — unionized employees at Frontier Communications who fear their jobs may be at risk if a municipal provider gives Connecticut customers an additional option for broadband service.

PURA’s decision leaves little room for municipal broadband expansion efforts that have been underway in the state for a decade. Most projects that cannot afford to pay for space on utility poles or the cost to switch to underground cable burial will probably not survive unless a court overturns the regulator’s decision or the state legislature clarifies state law in a way that makes PURA’s current interpretation untenable.

A number of groups are considering suing PURA to overturn its decision, noting the regulator completely ignored the very clear and understandable 2013 language that allows municipalities to use their allotted space on utility poles “for any purpose.” That purpose includes giving the state’s telecom duopoly some competition.

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