State Legislators Advance Broadband Bills

Legislatures took up broadband bills in California and other states this week. Bills address grants or change state policies including for electric cooperatives. “The COVID-19 pandemic has highlighted the acute need to expand broadband access across the country,” and “some states have recognized -- and are responding to -- that need in their legislative responses to the public health crisis,” said Anna Read, Pew Charitable Trusts broadband researcher.

A key California Senate panel cleared a bill to raise the state’s minimum broadband standard to 25 Mbps symmetrical and require subsidized projects to deliver 100 Mbps symmetrical at low latency (see 2004090056). The Energy, Utilities and Communications Committee voted 11-2 for SB-1130 at the hearing Tuesday, sending it to the Appropriations Committee. The communications committee voted 10-3 for SB-1058 to require ISPs to file emergency operations plans for disasters and emergencies, including on how they will make service affordable for those affected, and 10-2 on SB-1069 requiring telecom providers to report location and status of infrastructure and performance of emergency alert messages. Sen. Ling Ling Chang was the only GOP vote for SB-1130; all three Republicans opposed on SB-1058 and Chang didn’t vote on SB-1069.

SB-1130 is a “critical measure to help close the digital divide,” said sponsor Sen. Lena Gonzalez (D) at the webcast meeting. The California Cable & Telecommunications Association opposes, testified CCTA President Carolyn McIntyre: “By expanding the eligibility requirement to include areas that have speeds greater than 6/1 Mbps, we’re never going to get to deploy in those areas that have nothing.” Supporter the Electronic Frontier Foundation expects some refinements, but senators appeared intent to keep it a fiber bill because they understand “the access issue under COVID-19 is unbearable,” EFF Senior Legislative Counsel Ernesto Falcon emailed Wednesday.

A Louisiana bill to make it easier for rural electric cooperatives to provide broadband passed the House by a 100-0 vote Wednesday. SB-406 was amended and so must return to the Senate, which unanimously passed the plan May 14. Rep. Edmond Jordan (D) said he's concerned the bill will limit co-ops from doing something they already can do under state law. Friday, senators passed two House resolutions (HCR-77 and HCR-78), urging a state commission to detect public and private barriers to broadband expansion and make broadband maps. The Senate tweaked the resolutions and the House must concur.

Louisiana electric co-ops backed a House amendment to SB-406 to scrap restricting them to unserved areas. It failed 37-55, while another amendment to allow co-ops into unserved areas adjacent to its territory failed 17-76. The House adopted an uncontroversial amendment about railroads. Cox Communications and other telecom companies oppose removing the language “because they don’t want competition,” Association of Louisiana Electric Cooperatives CEO Jeff Arnold emailed Wednesday. A few hours before the vote, Sen. Beth Mizell (R) told us she’s neutral on the amendment but fears electric co-ops won’t do broadband at all if they aren't satisfied. With or without the amendment, the bill would have “real impact” by allowing broadband companies to use utility easement, Mizell said. Cox declined comment.

The Ohio House Finance Committee heard testimony Wednesday on the bipartisan HB-13 to establish a broadband grant program for unserved areas. The latest version excludes areas where construction is in progress and places getting any other state or federal broadband grants. It would appropriate $20 million in FY 2021, up from $2 million for FY 2020 in the original 2019 bill. It would expand usage of electric co-op easements for broadband and provide access to co-op’s poles. It defines two tiers of broadband service: (1) 10-25 Mbps downstream and 1-3 Mbps upstream and (2) at least 25 Mbps/3 Mbps.

Amend Ohio’s bill to let electric cooperatives provide middle mile, said American Electric Power Ohio President Raja Sundarajan at the livestreamed hearing. The Ohio Chamber of Commerce supported HB-13.

The Arizona legislature sent an electric co-op bill to Gov. Doug Ducey (R) Tuesday that was opposed by cable companies (see 2002130008). Ducey hasn't yet been briefed, a spokesperson said Tuesday. Florida Gov. Ron DeSantis (R) Tuesday received but didn't comment on a HB-969, which the legislature passed March 6 to create a state broadband office that will apply for federal grants and enter contracts. DeSantis has until June 10 to act. The Oklahoma legislature Friday overrode a veto by Gov. Kevin Stitt (R) to legislation (SB-1002/HB-4018) creating a council to study expanding rural broadband (see 2005180033). Stitt didn’t comment.

Among various broadband bills in Minnesota, Senate-passed SF-4494 with $20 million awaits a House vote (see 2005070045). A Massachusetts bill (H-4733) with $20.5 million for local government fiber and $40 million for distance learning awaits a Senate vote after clearing the House last week. North Carolina Gov. Roy Cooper (D) sent $21 million for internet connectivity through a COVID-19 relief bill signed earlier this month (see 2005050008); state lawmakers are weighing further measures (see 2005150015).

An Illinois council would explore universal or public broadband under SB-3998 introduced Friday by Sen. Antonio Munoz (D). The New York Assembly’s Jonathan Jacobson (D) that day proposed A-10475 to require internet providers in a municipality to provide basic service to every dwelling at no cost. Other state legislatures with active broadband bills include Michigan, Missouri, New Jersey and Pennsylvania.