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High Speed Broadband Boot Camp IIDay Two

Welcome back!

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Lt. Governor Rebecca Kleefisch

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The Landscape of Players: Broadband in Wisconsin

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MEPs

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Rookies: relatively new players (or old players in new roles)

Schools & Libraries

Public Safety

Partnerships for expanded services

Leadership awareness of broadband needs

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WisconsinBroadband Mapping & Planning

Public Service Commission of Wisconsin Resources

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Demand Survey

http://wisconsindashboard.org/console

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Marathon County Example

It’s not too late: http://wisconsindashboard.org/surveys/demand

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Wisconsin Residential Demand – Heat Map

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Wisconsin Business Demand – Heat Map

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“Connected But Not Adequate” Region 2 Residential Demand

Willingness to Pay

Current Connection Speed Desired Connection Speed

LT 4 Mbps

4 – 10 Mbps

GT 10 Mbps

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Region 2 Residential Demand Survey Responses by County

No Connection Inadequate Connection

Adequate Connection

Total

Florence 9 21 39 69

Forest 11 66 52 159

Langlade 43 86 59 188

Lincoln 32 106 42 180

Oconto 3 31 33 67

Oneida 29 121 93 245

Vilas 106 143 68 317

TOTAL 233 574 385 1,225

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Device works in the background testing your mobile network

Data is aggregated in SECURE SITE

Test results mapped for analysis

LinkWISCONSIN Mobile Broadband Test Project

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Two Avenues for Data Collection

Public App

Advance Test App H

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Advertise the

project in your area

• Press Release,

• Word of mouth

• Website• Identify

potential Advance App users

Download the Public

App Today!

How Can You Help?

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Marathon County AT&T Mobile Broadband Validation Tests, 2013 = 280 Tests

163 successful tests

58% of tests detected Broadband speeds that met advertised rates

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Copyright: ©2013 Esri, DeLorme, NAVTEQ

All Carriers

Mobile Pulse test

Interstate Highway

Highway

Total Mobile Pulse tests

0 - 100

101 - 1000

1001 - 12634

Mobile Pulse’s 2013 Findings

-18,000 tests collected by 250 users.

- 2/3 of points from Dane County

- 52 counties < 100 tests

- We need more tests!

Copyright: ©2013 Esri, DeLorme, NAVTEQ

Verizon

Mobile Pulse test

Interstate Highway

Highway

Total Mobile Pulse tests

0 - 100

101 - 1000

1001 - 12634

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Example: Verizon Wireless

- Verizon claims coverage in parts of 67 counties and is a primary provider for much of the Northwoods.

- App will help validate advertised coverage claims.

- More app users = more accurate broadband testing.

To Download the Public App…

1) In your Play Store or App Store, search “linkwisconsin”

2) Select “LinkWISCONSIN Mobile Test” and install.

3) You’re done!

To Download the Advanced App…

1) Contact the PSC’s LinkWISCONSIN team at:colter.sikora@wisconsin.govmatthew.noone@wisconsin.gov

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Cost Model– Background/Overview• Identifies both (i.e., separately) a wireline gap and a wireless gap

• Unserved = those without FCC threshold (768X200 = Baseline)

• Builds (models) two networks to fill those gaps (i.e., two models in one)• A wireline ntwk…fiber middle mile to accommodate 4X.768 service (to 12K ft)• A wireless ntwk…LTE (ubiquitous depending on density and topology)

• Both are neutral to last mile/customer connection technologies…costs not included:

• Wireline last mile estimate - $100-$200 per location served• Wireless connection estimate - $150 per connected device

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Model Scope:

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Results:

• Results expressed as:• Cash…CAPX, OPEX and Five year ‘cash’• Income Stmt…Monthly Cost and Monthly Cost per subscriber

• Available at census tract, county, region and state

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Other Tools:

Bandwidth Assessment Tool– Helps business estimate bandwidth requirements (speed,

technology, etc.) and better understand costs involved.

Impact Model– Develops high level estimate (net of related costs) of new

jobs and economic activity created by broadband investments

Broadband Reference Guide

Coming soon: http://wisconsindashboard.org/

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Public Service Commission Webinar: Tools for Broadband

Date: Nov. 19, 2013Reservation Time: 01:00PM—2:30PM CST

To join the session: RSVP WIBroadband@uwex.edu

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First Steps: Moving your community toward action

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Possible First Steps: A Summary• Host a listening session at your organization• Create a pool of volunteer trainers or coaches • Lead an envisioning and/or community assets mapping

session in your community • Start or join a technology advisory council • Network with specific key people in your area • Survey your community; what do they want and need?• Have a guest speaker (we can present or help find the

person• Meet with your providers • Build Subscribership or start a CAN• “We” is stronger than “me”

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BREAK!

See you in 15

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Action PlanMoving Your Community Toward Action

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http://srdc.msstate.edu/ecommerce/curricula/connectingcommunities/

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Community Projects Checklist (15 min)

• Infrastructure & Access• Education/Adoption (Applications &

Education)• Community Content• Use the “50 Ideas to Connect Communities” if

you would like some additional ideas before picking a category.

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Project Action Plan (30 minutes)

Complete your action plans as best as you canBe ready to summarize your initial plans for the

group (3-5 minute summary) for discussion

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Legal Research Q&A

Kevin Geary, Legal Research AssistantCenter for Community Technology Solutions

Brief Historical Overview

Beginning in the early 2000’s , local communities began exploring how they could make up the difference from where private providers were not delivering what they needed.

The Public Service Commission (PSC) granted roughly 14 certifications to local communities designating them telecommunications providers, also known as Competitive Local Exchange Carriers, or CLECs.

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Historical Overview Con’t

Of these roughly 14, only about 5 followed through.

Of these 5, only 2-3 are still in operation today.– Reedsburg– Sun Prairie

WHY?

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Telco’s Response

In response to local communities getting into the telecommunications business, private providers pushed back.A successful lobbying campaign produced Wis. Stat. § 66.0422 – enacted in 2003.

Some people have read Wis. Stat. § 66.0422 as barring local communities from participating in expanding broadband in their areas.

This is not the case.

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Broadband Law – A Grey Area

Since the enactment of Wis. Stat. § 66.0422, no communities have sought certification as telecommunications providers from the PSC.

As a result, we do not have a complete understanding of how Wis. Stat. § 66.0422 fully affects local communities on the ground.

Let’s take a close look at what Wis. Stat. § 66.0422 says…

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Wis. Stat. § 66.0422

First and foremost, this statute does not expressly bar local communities from being involved in expanding broadband services in their areas.

It does create several hurdles for trying to do so

Some of these hurdles include:• Holding a public hearing on a proposed ordinance to

expand broadband; and• Accounting for the cost of any proposed endeavor to

expand broadband on the local level.

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Wis. Stat. § 66.0422 Con’t

Another alternative is:• Asking, in writing, each entity that provides broadband in the

area whether they intend to provide broadband service within 9 months. If no provider intends to do so, the statute seems to imply that local communities can take steps themselves to expand broadband.

The problem here is “broadband” is not defined. However, local communities can propose their own definition of what they want broadband to be, so long as it is “reasonable.” Looking at how the FCC defines broadband can be a helpful guide.

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Wis. Stat. § 66.0422 Con’t

• Another alternative under Wis. Stat. § 66.0422 is for local communities to build the infrastructure themselves, and then allow private entities to operate and deliver the broadband using that infrastructure.

In other words, the local communities would own the infrastructure, and lease the use of the infrastructure out to private providers on a non-discriminatory basis.

This appears to be the safest and most rational option

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So What Does This All Mean?

Despite some uncertainties in the law, it is clear that local communities still have options when it comes to their involvement in expanding broadband in their communities.

Some of these options carry more risk than others.

Let’s look at some options available and the potential risks associated with them:

LOW RISK OPTIONS

• Enter into working partnerships with local providers

• Enact “Dig Once” ordinances at the local level. Dig Once ordinances facilitate the laying of necessary infrastructure, namely fiber, to expand broadband availability. In a nutshell, when there is street construction planned, include laying of fiber as part of the plan. This way it will already be there, ready to lease out to private providers who can then deliver the services.

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LOW RISK OPTIONS CON’T

• Local communities can utilize their “Rights of way” as an incentive to encourage private development.

For example, communities can notify providers in advance of any road projects, and relax some of the fees and permits associated with providers installing infrastructure. Communities can find out what providers are in the area by going to the Link Wisconsin website.

While this option would require giving a little bit now, the future return could be worth it.

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LOW RISK OPTIONS CON’T

• Though it is still in its infancy, a new statute, Wis. Stat. § 196.504 (broadband expansion grant program) has already set aside money for these types of projects, albeit a small amount of money (but every dollar counts).

Once the rules for how this money will be allocated are finalized, we will have a better understanding of how this could help foster a public/private expansion of broadband infrastructure.

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MEDIUM RISK OPTIONS

• Community Area Networks (CANs)

While these have been effective in some parts of the state, they might not be the answer for everybody.

Presently, there are no laws in Wisconsin prohibiting CANs – so essentially this is uncharted territory.

However, the grey area is who can be served by CANs. This is something we are currently exploring.

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HIGHER RISK OPTIONS

• Most certainly, the highest risk for a local community at this point in time is to go it alone.

While some communities have succeeded in running their own telecommunications operation, the majority never got off the ground, or faltered in the early stages.

A major factor to consider here is the cost, which will mainly fall to the local communities.

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HIGHER RISK OPTIONS CON’T

This go-it-alone option also carries with it the risk of a lawsuit.

At this point, there is no way of knowing whether a lawsuit against a local community starting their own telecommunications operation would be successful, but in the wake of the lawsuit against UW-Extension, it is something that has to be considered.

THIS DOES NOT MEAN YOU ARE WITHOUT OPTIONS!

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RISK CONCLUSIONS

The most important thing to take away from this presentation is that the law of the State of Wisconsin does not prohibit local communities from being involved in expanding broadband access. In this sense, you have a say in your broadband future.

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Other Issues on our Radar

On July 2, 2013, two new/amended statutes took effect:

• Wis. Stat. § 36.585 – Telecommunications and Information Services

• Wis. Stat. § 66.0404 – Mobile Tower Siting Regulations

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UW & WiscNet

The newly amended Wis. Stat. § 36.585 has effectively forced the UW and WiscNet to sever all ties. Furthermore, language in the statute suggests the UW Board of Regents cannot be involved in offering, reselling or providing telecommunications services to the general public.

We are still actively looking into the implications of this statute. Unfortunately, because it is so new and there has been no litigation on it, it may be some time before we know its full impact on the expansion of broadband. H

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TOWERS

• Wis. Stat. § 66.0404 deals with the siting of towers in local communities.

• As with Wis. Stat. § 36.585, at this point we are still reviewing the implications of what this means to communities.

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Your Thoughts & Questions

As you can see, a lot of this area of law is uncertain and currently in flux.

We are looking into any and all possibilities to try and find a way forward that can help as many communities as possible.

What have we missed?What else do you think we should be looking at?What are your concerns?

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Contact Information

If you think of something after today, or have any other questions, please feel free to email:

KGEARY.WIBROADBAND@GMAIL.COM

Links to laws discussed can be found at:https://docs.legis.wisconsin.gov/statutes/prefaces/toc H

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Wrap Up…. (nearly lunch time!)

http://broadband.uwex.edu/blog/2013/11/bootcamp2/