Counties Seek Broadband-as-Utility Status and Limits to Bans By Munis

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A report released Wednesday by the National Association of Counties (NACo) Broadband Task Force highlighted significant gaps in broadband access, barriers to filling those holes, and a path forward to addressing the digital divide. The report includes research and case studies from a diverse sampling of 28 counties.

The digital divide in the U.S. is widening, not narrowing, according to NACo’s report, laying bare issues of inequity facing underserved communities across the country. The association said a comprehensive, coordinated approach to bridge the divide is needed to pursue new broadband infrastructure investment, public policies and user skills. 

The Task Force is comprised of nearly three dozen county government officials from across America. The group has spent the past year studying the lack of reliable broadband in urban, suburban and rural America.

The report, broken down into four primary areas of work: preparing for broadband; barriers to buildout; digital divides and disparities; and future-proofing the “global” economy, highlights the major role counties play in providing reliable and affordable broadband access and includes case studies, best practices and policy recommendations.  

“The work of this task force and the findings of this report are critical, with too many of our residents on the wrong side of the digital divide,” said Task Force Co-Chair J.D. Clark, the county judge in Wise County, Texas. “This report is a deep dive into the work that needs to be done by all of us – elected officials, providers and community partners – to bridge that divide and level the playing field for communities, businesses and families forced to use antiquated 20th century technology when 21st century solutions are available, sometimes just a county away.” 

Preliminary findings of the NACo Broadband Task Force include:

  • County officials play a crucial role as policymakers, funders, data aggregators, conveners and partners in pursuing sustainable solutions to broadband access, affordability and reliability
  • Federally supported, locally collected and verified data is imperative to understand America’s true state of connectivity
  • Eliminating our nation’s digital divide and ensuring universal, reliable, affordable broadband access will require many technological solutions, including fiber, satellite, cellular, fixed wireless, cable and future innovations
  • Open “middle mile” systems can increase competition and result in improved affordability and access
  • Broadband needs to be regulated as a utility to eliminate the digital divide effectively and comprehensively

The task force outlined specific themes that serve as important force multipliers in deploying better, more affordable services. They are:

  • Defining a modern “minimum standard” of broadband
  • Implementing smart “Dig Once” policies including “rights-of-way” as public assets
  • Testing and deploying fiber, cellular, satellite and other technologies
  • Removing bans on municipal broadband
  • Establishing a national grants/loans clearinghouse
  • Regulating broadband as a utility
  • Committing to world-class broadband data and mapping analytics

Local governments often face state-imposed limitations to expanding access to broadband connectivity. In at least 18 states, local governments are restricted from making investments in broadband infrastructure networks. The task force report finds that when states restrict local governments from making broadband networks and services investments, they are limiting opportunities for counties to achieve the user scale necessary, including with public-private partnerships that help overcome otherwise cost-prohibitive service opportunities. 

NACo said the association is working to pass federal legislation that would remove those barriers and expand broadband access. The report also finds that better data lead to better policy decisions. An earlier report, titled Understanding the True State of Connectivity in America, released by NACo and partner organizations last year, found that nearly two-thirds (65 percent) of U.S. counties experience the internet at speeds below minimum standards set by the FCC, with that number even higher in rural America, where 77 percent of counties operate below the FCC standard. 

The report finds that overstated coverage maps, dated equipment and infrastructure, affordability, cost of buildout, troublesome terrain and adverse weather conditions contribute to the nation’s growing digital divide. 

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