The FCC’s RDOF Award Announcement – Good News, but Only One Step toward Closing the Digital Divide

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Some quick reaction to Monday’s FCC Rural Digital Opportunity Fund (RDOF) Auction Award Announcement:

It’s good news of course! – Over $346 million allocated to seventeen providers that proposed to bring gigabit level service to almost 200,000 (199,211) locations through-out Missouri.  On average – that means the Federal government is offering to contribute about $1,740 per location over the award period.  

Overall the auction award was not as large as what was authorized (around $20 billion) — $9.23 billion was awarded nationwide.  So more funds are expected be awarded in the future, hopefully using a revised system to identify unserved areas within census tracts that are now partially served.  Only census tracts that had no adequate broadband service were eligible to participate in this round of awards – a fact that all agree is a significant shortcoming of the award program that needs to be corrected. 

A bit of additional fine print: 

Companies receiving awards are required to submit much more detailed information to the FCC throughout next year before their award is final.  That information includes engineering data, deployment plans and a financial data, and failure to submit it by the deadlines can result in forfeiture of the award.  

Once the award is final, the winning bidders will receive their grant over a ten-year period in equal annual installments.  In other words the average award of $1,740 for each Missouri location, entitles the winning bidder to a $174 annual subsidy paid over ten years for each location.  This likely means that companies will need to find separate financing sources to fund costs of constructing the broadband infrastructure that ultimately will be repaid from annual award installments. 

Companies that received awards are provided a significant period of time to complete actually provide the promised service.  The first 40% of locations must be served after three years, and final build out need not be completed for six years (2027). 

Finally, while the awards were based on locations in census tracts, the winning bidders were not required, and did not agree to serve all residents in living in the census tract. 

Does this mean that the RDOF Award is not “good news” for residents in rural Missouri? 

Of course not! 

But it would be a mistake to think that the award is more than a single step in bridging the digital divide. To close the digital divide, government and community stakeholders will need to continue to work creatively with internet service providers. 

In that regard, it’s also important to keep in mind that bringing internet infrastructure to a location, is not the same thing as actually providing service to residents and businesses at that location.   As important as the RDOF program likely will be to closing the digital divide, it does not directly address the issues of affordability and digital literacy, and we know that both must be solved before underserved populations can actually reap the benefits of the new digital technologies that use broadband. 

View the RDOF map here

Rural Access to Industry: Barriers from the Infrastructure Planning Front Lines

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As part of this research initiative, we conducted a qualitative analysis of 11 semi-structured interviews with the planning community in Missouri to identify what barriers they recognize for the deployment of rural broadband in Missouri. Participants reported that the return on investment and the financing of rural broadband projects constitute the main barriers. Technology was the most frequently discussed barrier in the literature, but the Regional Planning Commissions identified technology as the least significant barrier to rural broadband infrastructure deployment. They understand the required technology is available, but paying for it is the main challenge. The Regional Planning Commissions had had limited involvement in the planning of rural broadband infrastructure as most investment decisions regarding rural broadband infrastructure have been made by private internet service providers. Several Regional Planning Commissions expressed a lack of confidence in managing broadband projects due to their limited experience. On the other hand, they are looking forward to supporting an anticipated statewide planning initiative to be promoted by the Missouri Office of Broadband Development.

New Missouri Statute Encourages Public-Private Partnerships for Broadband Infrastructure

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9-3-2020

New Missouri Statute Encourages Public-Private Partnerships for Broadband Infrastructure

For many years Missouri cities and counties have used Community Improvement Districts (CID) and Neighborhood Improvement Districts (NID) to finance public infrastructure and to encourage economic development in designated geographic areas (“districts”) located within their borders.  CIDs and NIDs are well-suited for this purpose, because when approved by property owners or individuals living in the district, a CID or NID can raise revenues through taxes and/or special assessments on property located or sales occurring in the district.  For more general information about CIDs and NIDs see Missouri Local Incentives.

Up until now Missouri statutes did not specifically state whether internet broadband was a “public improvement” eligible for financing by a CID or a NID.  However, in this past session the Missouri legislature enacted HB 1768 which made some significant changes to both the CID and the NID Act.  In each case a new provision has been added that permits these districts to be used for public-private-partnerships that will construct or improve broadband infrastructure.  CIDs and cities and counties that create NIDs are now specifically authorized:

“[T]o partner with a telecommunications company or broadband service provider in order to construct or improve telecommunications facilities which shall be wholly owned and operated by the telecommunications company or broadband service provider…”

However, this specific authorization is limited to areas that are certified by the Missouri Department of Economic Development to be unserved or underserved. As a practical matter this means that the area to be covered in an agreement with a telecom or other broadband service provider (an “ISP”) must currently have internet service below speeds of 25 mps download and 3 mps upload.  This requirement is imposed by cross-reference to the Missouri’s Broadband Grant Program statute.

How can Missouri cities and counties use a CID or a NID to “partner” with a broadband provider and bring broadband service to their community?

One example might be for a CID (or the City/County acting through an NID) to contract with an interested ISP to build broadband assets and to deliver broadband service to residents and businesses located in the district, in exchange for an upfront lump sum cash payment.  This cash payments would constitute the CID/NID’s “contribution” to the partnership formed with the ISP.  The ISP partner would obtain conventional financing and/or grants from the federal government to pay for the balance of the cost of the system, and the ISP would operate and maintain the newly-constructed system.  Residents and businesses would subscribe for service on the system pursuant to a normal internet service model, but the cost of that service could be more affordable, because a portion of the capital investment was covered by the CID and/or NID.

To further government and public purposes, the newly-constructed broadband system could be made available for use by the city and county government and other government entities such as the local school district, the county public health department and municipal utilities.  These “government users” would use broadband to better deliver government services to the district’s residents and businesses.  For example public schools might use the system to provide remote learning opportunities to children – and help solve the homework gap.

The upfront investment from in the partnership by the CID/NID could be financed with debt paid by revenues produced from special assessments, taxes imposed in the district, or from fees paid by local government users of the system.

The picture below illustrates how this “ISP Public Support Subsidy Model” would work.  The CID or NID provides a portion of the funding for the broadband project, along with possible ongoing contributions by other local government entities that will use and benefit from the system.  Together, these public entities “partner” with an interested ISP to make broadband and its applications a reality for the district’s residents and businesses.

In the above-example, the CID or NID is only one part – albeit a critical part – of an overall plan to bring public support to a broadband infrastructure project that will be owned and operated by a private ISP.  Implementing the plan assumes that residents and businesses located within the CID or NID boundaries want broadband – and that they are willing to join together to help fund the “gap” that currently makes the expansion of broadband into their community financially impossible for the ISP acting alone.  However, one advantage of taxing districts is that their boundaries can be tailored to include those areas where residents and property owners clearly favor the approach and are willing to join together to help pay for it.

This and other approaches are described at pages 48-54 of the Workshop Report prepared for Bollinger County, Missouri, as part Broadband Workshop hosted by University of Missouri System earlier this summer.

Whether a CID or an NID is a practical solution for a particular community requires individualized legal and financial advice of professionals.  Many steps are necessary to properly explore and implement a workable financing plan that adequately protects the interests of the public and that provides a fair economic return on the ISP’s investment.  That said, the changes made by HB 1768 are a welcome new tool to allow local communities to begin to enjoy the benefits of Broadband.