State Lawmakers Pursue Varied Ways to Expand Broadband Availability

State lawmakers are forwarding bills proposing a variety of means to encourage broadband development by public- and private-sector entities, with the aim of making broadband available to every citizen.

Ark. Gov. Mike Beebe (D) signed a bill authorizing electric utilities to use their power lines to provide broadband services. Under HB-1589, utilities can provide retail broadband directly, through an affiliate or through 3rd parties leasing the utility's broadband infrastructure. The law bars cross subsidy between electric and broadband services or broadband implementation that impairs electric service. The law prohibits local govts. from requiring separate right-of-way access permits for broadband services provided over existing electric lines.

Beebe signed another bill (SB-924) to create a nonprofit body, Connect Arkansas, under the Ark. Science & Technology Authority, to provide grants from "available funds" to promote broadband. The bill creates a Broadband Advisory Council to tell state officials of other states' and nations' successful broadband policies. Both entities would sunset in 2012.

The Vt. House passed a bill to create the Vt. Telecom Authority to promote wireless and wireline deployment in rural areas the next 3 years. HB-248, reviewed and amended by 5 committees before clearing the House, calls for the new agency to form public-private partnerships with telecom providers in rural areas, and to use loans, grants or govt. bond issues to finance expansion. The authority would own rural broadband infrastructures it helps create, with operation by the partner telecom carrier. The bill would authorize up to $40 million in state-backed bonds as seed money to lure up to $200 million in private capital for rural broadband expansion. The bill is in the Senate Economic Development Committee, where some members fear disproportionate benefit from it to large ISPs like FairPoint or Verizon at the expense of small startup providers. Senators also question the proposed authority's makeup, likely to be dominated by telecom industry allies.

The Ill. Senate unanimously passed a bill (SB-678) giving the state Transportation Dept. until Dec. 31 to devise a plan for making broadband data services available on passenger rail systems Amtrak and the state Commuter Rail Board maintain. The plan would have to address acquisition of rights of way, infrastructure installation, service operation and funding. The bill is now in the House. The Senate also passed SB-309, to authorize the Commerce Dept. to create 3 rural technology development zones in areas with no wireless or landline broadband access. The Commerce Dept. and Commerce Commission would collaborate to identify underserved areas, decide what infrastructure needs to be built in them and the investment involved. The bill would provide state income tax credits for commercial broadband investment in the zones. The bill is in the House Rules Committee.

The Tenn. House Utilities, Banking & Small Business Committee set an April 10 hearing on HB-2099, which would add a member to the Tenn. Broadband Task Force, established in 2005, bringing the membership to 15. The new member would represent the state Dept. of Education. Under the bill, the task force also would have to report annually to the governor and legislature on broadband deployment around the state.

In Conn., HB-6780 to let municipalities offer wireless broadband Internet service is making slow but steady progress. It cleared the legislature's joint committee process in March and on April 3 went to the House Finance, Revenue & Bonding Committee. The bill would allow use of Local Capital Improvement Program grant funds to finance municipal broadband networks. The bill would create a 9- member Broadband Internet Coordinating Council to monitor broadband deployment trends.

Not all broadband development bills have passed. The Me. Senate Utilities & Energy Committee killed LD-710, to set up a program providing seed money to communities, businesses and nonprofits, enabling them to get other funds that would help them advance broadband availability. The state grants would have come from govt. and private sources interested in wider rural broadband access. -- Herb Kirchhoff