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Comcast Follows AT&T's Litigious Lead In Nashville

Comcast is the second Internet Service Provider (ISP) suing the mayor and metro government of Nashville, Tennessee (pop. 680,000) to stop a new ordinance to give streamline access to utility poles in the city, reports Cnet.com news.

Comcast’s October lawsuit over the Google Fiber-supported One Touch Make Ready ordinance (OTMR) comes on the heels of AT&T's legal action in late September. We wrote about AT&T’s lawsuit shortly after the filing.

Cnet.com reported that most of the utility poles are owned by Nashville Electric Service (NES) or AT&T, but Comcast has wires on many poles and has control over how these wires are handled. “When Google Fiber wants to attach new wires to a pole, it needs to wait for Comcast to move its wire to make room, and this is where the new ordinance becomes controversial.”

Comcast’s lawsuit, filed in U.S. District Court in the Middle District of Tennessee, contends the AT&T-owned poles fall under the purview of the Federal Communications Commission (FCC) and not the city, and that Nashville Metro Council lacked authority to regulate NES poles, according to a story in the Tennessean newspaper.  The telecommunications carrier is asking for a permanent injunction to stop enforcement of the ordinance. 

Comcast reproduces AT&T's argument in Nashville - that the poles are within federal jurisdiction so the city does not have the authority to enforce such an ordinance.

Reverse Preemption In Louisville

AT&T also filed a suit this past spring in Louisville, Kentucky, to stop the city from implementing a similar ordinance. As in Nashville, the city put the policy in place to encourage new entrants like Google by speeding along a cumbersome and time consuming make ready process.

In the Louisville case, however, the FCC submitted a Statement of Interest in late October addressing the issue of authority over poles. According to the document filed with the court:

BellSouth [AT&T] maintains in its motion for summary judgment that the Louisville Ordinance conflicts with, and is therefore preempted by, the federal pole attachment rules promulgated by the Commission under Section 224. That argument is wrong as a ma er of law. The federal pole attachment regulations do not apply in Kentucky because Kentucky has filed a certification invoking reverse-preemption under Section 224(c) and has thereby opted out of the federal pole attachment rules. 

The FCC exercises jurisdiction over pole attachments under Section 224 “only in states that do not so certify” that they regulate pole attachments…BellSouth is thus wrong to assert a conflict with the federal pole attachment rules in these circumstances. 

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As a result, the FCC has no jurisdiction over Kentucky’s poles. In fact, the Statement of Interest goes on to support OMTR policies, stating that: 

”As a general matter, promoting the deployment of competitive broadband infrastructure through one-touch make-ready policies is consonant with the goals of federal telecommunications policy, the Communications Act, and applicable FCC regulations.”

Nashville Leaders Press On 

Back in Nashville, officials expressed disappointment at Comcast’s lawsuit, but resolve at creating a better environment for competition.

In a statement, Nashville Mayor Megan Barry said:

“One Touch Make Ready has been litigated in the court of public opinion, and the public overwhelmingly supports this measure designed to speed up the deployment of high-speed fiber in Nashville. Now, we hope that this federal litigation is quickly resolved so that we can get on with the business of expanding access to gigabit Internet throughout Davidson County.”

Highland Telephone Cooperative Gains Gigabit Recognition

The NTCA-Rural Broadband Association this month awarded the Highland Telephone Cooperative (HTC) of Sunbright, Tennessee, its national certification as a “Gig-capable” provider, reports the Independent-Herald.

HTC serves Scott and Morgan counties in Tennessee and McCreary County in Kentucky and is now one of 85 Gig-certified company/cooperative providers in the nation. The certification recognizes rural communities that are at the cutting-edge of broadband technology, offering Internet service of up to at least 1 Gigabit per second (1,000 Megabits per second or Mbps). The association launched this national campaign in the fall of 2015. 

Years of Planning

HTC completed its $66 million fiber-optic network within the last year; 1 Gig capacity Internet service is available to all 16,5000 members reports the Independent-Herald.  The six-year project upgrades the cooperative’s old copper network. Highland Telephone CEO Mark Patterson: 

"This gigabit certification caps off years of careful planning, investing and building a brand-new fiber network in our area...All along, we knew our commitment was worth the effort so our friends and families in this area could keep their rural lifestyle without sacrificing world-class connectivity."

The upgrade included more than 2,700 miles of fiber by the cooperative's crews and contractors — enough to stretch from Highland's office in Sunbright to Vancouver in British Columbia, the Independent-Herald reported.

"Our area lacks interstates and many economic advantages that other communities enjoy, and we've suffered through some extremely high unemployment in recent years," Patterson said. "An asset like a gigabit-capable network can be our competitive edge when it comes to bringing in industry and growing existing businesses."

85 Gig Networks

To date, the NTCA-Rural Broadband Association has recognized 85 companies and cooperatives from 26 states as Gig-capable. The list includes 26 recipients in Iowa and six from Minnesota. Among the Minnesota honorees is Paul Bunyan Communications headquartered in Bemidji.  

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Across the nation, more and more telecom cooperatives are helping bring high-speed connectivity to rural America. They are filling the void created by large Internet Service Providers (ISPs) who generally consider it financially unattractive to make major broadband investments in sparsely populated areas.

The latest FCC annual broadband progress report estimates 34 million Americans, or about 10 percent of the nation’s populace, lacks access to 25 Mbps down/3 Mbps up service, the agency’s current definition of what constitutes basic broadband service. Those numbers likely understate the true situation, however, as they are based on form 477 data provided by ISPs and national providers often overstate their coverage based on census blocks. For more on Form 477 data, check out episode #224 of the Community Broadband Bits podcast. Christopher interviewed our Research Associate H.R. Trostle, who studied mountains of data for her report on connectivity in North Carolina.

Cooperatives Work!

In October, we noted that it was National Cooperative Month and highlighted a long list of cooperatives now providing next-century Internet connectivity. We expect that list to grow as rural communities recognize the value of cooperatives in bringing better connectivity to rural areas.

Warren County, KY, RFI: Responses Due July 8th

Warren County, Kentucky, issued a Request for Information (RFI) in June to find partners in order to improve connectivity for local businesses and residents. County officials want to develop a Fiber-to-the-Premises (FTTP) network and are willing to consider both publicly owned and privately owned options. RFI responses are due July 8th.

The community has prioritized the following in its RFI:

  1. A community-wide FTTP work to serve both businesses and homes
  2. An open access model to encourage competition
  3. A financially sustainable network
  4. A network that provides affordable base-level service for everyone

Warren County

There are approximately 120,500 people in Warren County with about half living in the county seat, Bowling Green. After Louisville and Lexington, Bowling Green is the most populous. Located in the south central area of the state, Warren County is about 548 square miles. This region of the state had a relatively high growth rate of 24 percent between 2003 and 2014 and Warren County officials want to continue that trend with better connectivity.

In addition to Western Kentucky University, there are several other colleges and technical colleges in the region. STEM education at both the college and K-12 levels is prevalent in Warren County. The area is home to the Carol Martin Gatton Academy of Mathematic and Science,  which was named best high school in America three years in a row by Newsweek.

There is a range of industry, including finance, health care, agriculture, and manufacturing. The community seeks to improve connectivity to retain a number of its employers as well as diversify its economy further, encourage better services for residents, and spark competition.

Don't Delay

Get the details on Warren County's RFI by accessing their Bids Calendar. Responses to this RFI are due by July 8th. You can also contact Brenda Hale with questions: brenda.hale(at)ky.gov.

Palo Alto, CA, and Pikeville, KY, Release RFIs

Two new Requests for Information (RFI) were recently released in Palo Alto, California, and Pikeville, Kentucky. 

Pikeville, Kentucky

Pikeville is open to both public ownership and Gigabit service via privately owned infrastructure. This community of approximately 7,000 residents wants Fiber-to-the-Premises (FTTP) for businesses, community anchor institutions, municipal facilities, and residents. The regional Appalachian Mountain community, with many jobs lost due to the shrinking coal industry, is turning to connectivity as a way to spur economic development.

Pikeville’s RFI describes how service from existing providers is expensive and "sporadic." This RFI calls for a partner that will help the community develop an open access, affordable, financially sustainable network. In drafting the RFI, Pikeville’s officials made sure to note that low-income residents will not be left behind; bringing this asset to disadvantaged residents is a priority.

The city is the county seat of Pike County and home to a number of colleges as well as several large healthcare facilities. City, county, and federal government facilities are also located in Pikeville and need better connectivity. In 2015, the city obtained a $5 million grant for technology-based training and degree programs for residents in the area. A $1 million grant supplied funding for a Broadband Technology Center in Pikeville. Now the city needs fast, affordable, reliable Internet network infrastructure to complement the Center and to move the local workforce toward more information based industries.

Important Dates:

  • Letter of Intent Due: May 23, 2016
  • Questions Due: May 25, 2016
  • Final RFI Submissions Due: June 3, 2016

The city’s website has more information and details.

Palo Alto, California

Palo Alto is a Silicon Valley city of 67,000 residents; daytime workers coming into the community swell the population to approximately 125,000. Incumbents include Comcast and AT&T who have intimated they might be interested in bringing fiber to the city, but have yet to act. Community leaders are exploring all options with this RFI.

The community has a network of dark fiber serving commercial customers and the public school system. In fact, Palo Alto has experience with providing utility services, as it currently brings municipal electric, gas, water, and wastewater services to the community.

The RFI calls for partners, private or non-profit, to develop a Gigabit per second (Gbps), open access network in the community for every household, business, and institution. Palo Alto is willing to consider either publicly owned or privately owned infrastructure.

As the RFI notes, Google Fiber is still considering Palo Alto as another location for its fiber network. City officials want respondents to consider the implications, should Google Fiber decide to build and operate within the community and to address the possibility in their RFIs.

Important Dates:

  • Letter of Intent Due: May 27, 2016
  • Questions Due: June 3, 2016
  • Final RFI Submissions Due: June 24, 2016

Get more details on the city website.

AT&T Tries to End the Magic of One Touch Make-Ready

On the border of Kentucky and Indiana a fight is brewing as AT&T and Google Fiber have both announced plans to bring Gigabit Internet service to Louisville, Kentucky. Home to over half a million, the city could see major economic development with new ultra high-speed Internet access, but there’s a problem: the utility poles.

AT&T is suing the city over a “one touch make-ready” ordinance. On February 11, 2016, the Louisville Metro Council passed the ordinance in order to facilitate new competitors, i.e. Google Fiber. 

Utility Poles: Key to Aerial Deployment

Make-ready is the shorthand for making a utility pole ready for new attachments. Although it may seem simple, this process is often expensive and time-consuming. To add a new cable, others may have to be shifted in order to meet safety and industry standards. Under the common procedure, this process can take months as each party has to send out an independent crew to move each section of cabling. 

To those of us unfamiliar with the standards of pole attachment it may seem absurd, but this originally made sense. Utility poles have a limited amount of space, and strict codes regulate the placement of each type of cable on the pole. Competitors feel they have to fiercely guard their space on the pole and cannot trust other providers to respect their cables. Make-ready must involve coordination between multiple providers and the utility pole owners. For some firms, like AT&T, this is an opportunity to delay new competition for months.

“One touch make-ready” simplifies the entire process. A single crew only makes one trip to relocate all the cables as necessary to make the utility pole. Under the amended ordinance in Louisville, the company that wants to add a cable to the utility pole can hire a single accredited and certified crew, approved by the pole owner, which will accomplish the work much more quickly and at lower cost. Also, it must pay for needed fixes or any damages to the pole-owner’s equipment and inform the pole-owner of any changes within 30 days. Such “one touch make-ready” policies quicken network deployments by preventing delays inherent in coordinating many different entities.

Why Oppose It? Private Utility Pole vs. Public Right-of-Way

AT&T is suing to stop Louisville from implementing this new policy in an effort to stop the new competition from entering the market. Ostensibly, AT&T argues they filed the suit because they own many of the utility poles (an estimated 25-40%) in Louisville. The company argues that the municipality does not have the authority to regulate the utility poles and that this is an unjust seizure of property. In other communities where this is the case, the new companies that want to use the utility poles must sign a licensing agreement with AT&T. 

AT&T’s argument, however, fails to recognize that local governments are required to manage the public Rights-of-Way (in layman’s terms, that is the land kept for the public interest near a roadway). The utility poles, although privately owned, serve a key function for connecting the public with needed services. That is why those utility poles are permitted on the public Right-Of-Way in the first place. Local governments, moreover, must have the authority to ensure that anything permitted on the public Right-Of-Way, such as utility poles, meet safety and industry standards in the quickest and most efficient way possible. 

Further Resources on “One Touch Make-Ready”

Chris interviews Ted Smith, Chief Innovation Officer for Louisville in Community Broadband Bits Episode 193. Smith describes how “one touch make-ready” is quicker, safer, and more efficient to use the utility poles in the public Rights-of-Way to their full potential for the good of the community.

For more information on the importance of “one touch make-ready,” check out analyses from the Coalition for Local Internet Choice, Next Century Cities, and FTTH Council. For an in-depth analysis of Right-of-Way regulations, listen to Sean Stokes of Baller, Herbst, Stokes & Lide on Community Broadband Bits Podcast Episode 169.

One Touch Make Ready and Wireless Innovation in Louisville - Community Broadband Bits Podcast 193

When we asked Ted Smith, Chief Innovation Officer of Louisville, Kentucky, to join us for episode 193 of the Community Broadband Bits Bits podcast, we expected to talk about the one touch make ready policy they had enacted (and AT&T has since sued to stop). We did, but we ended with a focus on how networking is already improving the city.

We start off by focusing on the problem of adding new fiber networks to existing poles (many of which are owned by telephone company incumbents that are not particularly inclined to make life easy for new competitors). One touch make ready simplifies the process, resulting in many benefits for communities in addition to lowering the cost to build new networks. We explore that topic to start.

But at the end of the discussion, Ted and I discuss what Susan Crawford has termed a responsive city approach - Louisville is using all kinds of network attached devices to improve city services in some of the lowest income neighborhoods.

Read the transcript from this show here.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below.

This show is 26 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

You can download this Mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Kathleen Martin for the music, licensed using Creative Commons. The song is "Player vs. Player."

Owensboro Residents Flying High On Fiber Pilot

Last fall, Owensboro, Kentucky, began constructing its pilot program to bring Fiber-to-the-Home (FTTH) to a limited number of residents. Construction is complete and now the municipal utility is serving subscribers, much to the delight of folks in the city's Town & County neighborhood. There are 570 households and approximately 1,500 people living in the pilot area.

As of late January, 80 households had signed up for service with 15 now being served at a rated of about eight installations completed every week. Chris Poynter, superintendent of Owensboro Municipal Utilities (OMU) telecommunications division reported to the Board that feedback has been positive and that customers have been "…very happy with their speeds and the installation process."

All speeds are symmetrical - just as fast on the upload as the download - and there is a $49.99 installation fee. OMU offers three tiers: 

  • 50 Megabits per second (Mbps) for $49.99
  • 100 Mbps for $69.99
  • 1 Gigabit per second (Gbps) for $99.99

OMU installed fiber thought the city in 1997 and two years later began offering high-speed Internet access and other telecommunications services to local businesses. OMU's goal is to serve a minimum of 20 percent of the households in the pilot area and if all goes well, the community will consider a city-wide project. 

Home to about 58,000, Owensboro sits across the river from Ohio. The city is the county seat and center of a metropolitan area of about 116,000 people. OMU also offers electricity and water services.

Audio Available: Financing Fiber for the New Economy Conference in Lexington

At a September conference in Lexington, Kentucky, Next Century Cities (NCC) hosted an influential and diverse group of leaders from the municipal broadband arena to share their experiences as leaders in community broadband. Four audio recordings, which you can find on NCC’s website, include panel discussions on a variety of issues surrounding the topic of financing for next generation broadband.

Recording #1: “Lexington Mayor Jim Gray and the Kentucky Wired Story”

In the first recording, Lexington Mayor Gray and the city’s Chief Information Officer discuss their ongoing efforts to make Lexington a gigabit city. These efforts are part of a broader initiative also discussed on building a statewide 3,000 mile fiber optic ring. Several Kentucky government leaders make remarks about the project, called Kentucky Wired, including their thoughts about the public-private partnership model that is helping make the project possible.

Recording #2: “Achieving the Last Mile

Our own Christopher Mitchell, the Director of the Community Broadband Networks Initiative at ILSR and the Policy Director for Next Century Cities, moderates this panel that includes officials who have led municipal broadband initiatives in their communities. These officials share some of the challenges they have faced and solutions they discovered in their efforts to finance last mile infrastructure.

Recording #3: “Exploring Options and Approaches for Broadband Financing”

Scott Shapiro, the Senior Advisor to the Mayor of Lexington Kentucky, moderates the panel discussion that includes a group of people with varied knowledge and perspectives on the community broadband issue.  They discuss models and approaches communities can use to finance their broadband networks, with a particular focus on the public-private partnership model.

Recording #4: “Federal Support for Broadband Projects” 

Hilda Legg, former Rural Utilities Service Administrator and current Vice Chair of Broadband Communities, leads a panel of several experts examining funding supports and offering recommendations and next steps for communities.

If you could not make the conference or if you need a refresher on information you found compelling, this is your opportunity to revisit the discussion.

Owensboro, Kentucky, Developing Muni FTTH Pilot

Owensboro Municipal Utilities (OMU) is now expanding its Fibernet services with a pilot FTTH program to connect residents this fall. There are approximately 500 homes in the selected area where OMU will test out the new venture. People living in the project area can sign-up online.

Businesses in Owensboro have had access to OMUFibernet for data transport since 1999 and in 2014 the utility added VoIP to its commercial product line. The pilot will offer gigabit Internet access to residents, but OMUFibernet has only advertised speeds up to 100 Mbps to business customers thus far, according to the OMU website. Businesses are also able to lease dark fiber, which allows them to have more flexibility with data transport speeds.

The city, home to approximately 58,000 people, is the county seat of Daviess County and sits on the south side of the Ohio River. The entire metropolitan population is over 116,000 people. OMU has offered electric and water service since 1900 and describes itself as the largest municipal electric and water system in the state.

OMU plans to offer three tiers for symmetrical Internet access in the city's Town & Country neighborhood. Gigabit service will be priced at $99.99 per month, 100 Mbps at $69.99 per month, and 50 Mbps at $49.99 per month. All subscriptions will require a $49.99 installation fee. 

Kentucky City Transfers Ownership of Network, Still Under Local Control

The city of Franklin, KY transferred ownership of its fiber optic network to the Franklin Electric Plant Board (EPB) for $2.5 million. The Franklin City Commission unanimously approved a resolution for the transfer of ownership at the June 8th meeting. The network, although no longer maintained by the city, is still under local control. The EPB is an extension of city government, but has its own board of directors. Pleased with the city’s decision, Mayor Ronnie Clark stated:

"Broadband is now the new utility, and who better to deliver those services than the local infrastructure experts, EPB. They have the manpower and the equipment, as well as the community's confidence in providing reliable utility service and exceptional local customer support."

The city developed the 32-mile fiber optic network to encourage economic development by providing broadband to local businesses. The network attracted to new businesses including a distribution center from Tractor Supply Company. Currently, the network supports Internet connectivity to more than 40 business and industry customers in Franklin. The EPB hopes to continue to expand the services: 

"This network will be an excellent fit for us operationally, and will enable us to expand our role in serving our customers with the most robust broadband services available. We have big plans to add new services and grow our broadband customer base," said General Manager of EPB Bill Borders.

In this $2.5 million deal with EPB, the city will recoup the $2.5 million cost of constructing the network. Originally, the city funded $1.5 million with bonds and received a $1 million grant from the U.S. Department of Commerce Economic Development Administration. The sale of the network to the EPB will pay off a $1.3 million bond issued to create the network and the remainder will go into the general fund.