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Open Access

Experts Debate Merits of Open Access Models on Broadband Breakfast Live Event

Keller and Heckman Partner Jim Baller says model could lead to a race to the bottom, but UTOPIA CEO disagrees.

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WASHINGTON, December 16, 2021 – Though open access projects are finding success in some parts of the country, some experts remain unconvinced that the model will prove viable for most communities.

During the Broadband Breakfast Live Online event on Wednesday, UTOPIA Fiber Executive Director and CEO Roger Timmerman and Jim Baller, partner at law firm Keller and Heckman LLP partner, debated the merits of the model that allows service providers to use the same infrastructure.

Timmerman, whose UTOPIA Fiber operates an open access model in Utah and southern Idaho, said his company has seen success with open access fiber infrastructure being a sustainable and scalable model to meet whatever demands future technology may place on consumers and businesses.

Sixteen internet service providers use infrastructure built and leased by UTOPIA, a sponsor of Broadband Breakfast, to offer residential areas up to 10 Gigabits per second symmetrical speeds.

But Baller said he is concerned that shared infrastructure will just force providers to engage in a price war that will lead to a race to the bottom. He painted a picture of an open access model whereby wholesalers who lease their infrastructure to internet service providers find themselves in a kind of purgatory where no one is making any money – the wholesaler is unable to compel ISPs to raise their prices, and the ISPs feel they can only compete by undercutting their competition. He described the situation as “open access run amok.

“I would love to see open access work, I just urge caution, because you need to do hard analysis in a particular market,” said Baller. “Open access may not be something that is possible up front, but it can be over time.

“You have to look at the numbers very carefully and assess what the circumstances are and make your decision based on what is in front of you,” he said. “There is no one size shoe that fits all in these circumstances.”

In response to the criticism that open access will drive prices into the ground, Timmerman said that the largest provider in UTOPIA’s network is also the most expensive. “It has not been a race to the bottom, it has actually been the opposite,” he said.

Timmerman added successful providers are ones “that can differentiate themselves on quality, reputation, consumer privacy,” and added that the nature of the model allows them to do so at a low barrier to entry.

Timmerman described how UTOPIA has been able to “raise the bar” on their standards for accepting ISPs to partner with, and how they have had to “beat [companies] off with a stick,” due to increased interest in working with UTOPIA.

“We want well established, successful companies because we have a lot on the hook – I cannot afford to put [these] assets at risk with some fly-by-night company. We work hand in hand with providers on quality and reputation to make sure that we both win and make sure that cities and participants win.”

For his part, Timmerman conceded that there is no “one size fits all model,” but argued that most communities’ needs can be satisfied through the framework of an open access build.

“We have had a lot of conversations with communities; what [communities] have to bring to the table and what their needs are, and how we might fill all those roles and deliver a successful system.

“The more a city wants and dictates into a project, the more skin in the game they may need to have,” Timmerman added.

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can watch the December 15, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, December 15, 2021, 12 Noon ET — How Public Private Partnerships Represent an Opportunity for Broadband Deployment

In the past two years, public and private entities have greatly increased their collaboration to expand broadband access for Americans. In the wake of the coronavirus pandemic, the telecom industry has been forced to find innovative solutions to connect households to essential online services. In this Broadband Breakfast Live Online event, we will explore the factors driving public-private partnerships in telecom and look at where such partnerships can take us next. Various economic and business forces underlie these partnerships. We’ll also discuss the urgent need for these partnerships in the fight to connect the country.

Panelists for this Broadband Breakfast Live Online session:

  • Jim Baller, Partner, Keller & Heckman
  • Roger Timmerman, CEO, UTOPIA Fiber
  • Dwight ‘Doc’ Wininger, Director of External Relations, Allo Fiber
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources:

Jim Baller is a partner at Keller & Heckman. He was founder of the US Broadband Coalition, a diverse group that fostered a broad national consensus on the need for a national broadband strategy and recommended the framework that was subsequently reflected in the Federal Communications Commission’s National Broadband Plan. A consultant to Google’s Fiber for Communities project, he is also the co-founder and president of the Coalition for Local Internet Choice, an alliance that works to prevent or remove barriers to the ability of local governments to make the critical broadband infrastructure decisions that affect their communities.

Roger Timmerman has been serving as UTOPIA Fiber’s Executive Director since 2016 and has been a technology management professional in telecommunications and information technology for over 15 years. Roger has been designing and building networks throughout his career in various roles including Vice President of Engineering for Vivint Wireless, CTO for UTOPIA Fiber, Network Engineer for iProvo, and Network Product Manager for Brigham Young University. Roger earned his Bachelor of Science and Master of Science degrees in Information Technology from Brigham Young University.

Dwight ‘Doc’ Wininger (pronounced WINE-ing-grr) has worked on telecommunications policy issues since the 1980s, first as Executive Director of the Nebraska Public Service Commission and then for a variety of private sector providers and consulting firms. He has worked on fiber optic deployments in multiple states and has been a featured speaker at various conferences on rural broadband deployment. In his current position, Wininger is responsible for local, state and federal government relations for ALLO Communications and is also heading up market development for the company’s expansion into the State of Arizona.

Drew Clark is the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney. Drew brings experts and practitioners together to advance the benefits provided by broadband. Under the American Recovery and Reinvestment Act of 2009, he served as head of a State Broadband Initiative, the Partnership for a Connected Illinois. He is also the President of the Rural Telecommunications Congress.

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Reporter Ben Kahn is a graduate of University of Baltimore and the National Journalism Center. His work has appeared in Washington Jewish Week and The Center Square, among other publications. He he covered almost every beat at Broadband Breakfast.

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12 Days of Broadband

12 Days: In 2023, a Rising Tide of Open Access Networks

Open access networks can be better understand through the 7-layered Open Systems Interconnection model.

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Illustration by DALL-E

December 28, 2023 – Open access networks in 2023 saw signs of change as major telecom players, including AT&T and T-Mobile, dipped their toes in the market – and smaller competitive and municipal players also continued strong.

The collaboration known as the Gigapower joint venture, forged between AT&T and private equity investment giant BlackRock in May, lent new legitimacy to the open access approach, which separates the provision of broadband services from the network operator.

Another major operator venturing into the space is T-Mobile, which is set to become the primary tenant in a recently established $500 million partnership between Tillman FiberCo and private equity firm Northleaf Capital Partners.

The joint venture will allow T-Mobile to offer fiber Internet services to customers in markets across Arizona, Colorado, Florida, Nevada and Texas, all without investing a dime in the infrastructure.

In an industry long characterized by a preference for vertically-integrated ownership and control, incumbent providers are pivoting towards a model that emphasizes sharing networks.

What are open access network?

In an open access network, broadband infrastructure is owned by one entity, which can be either a public or a private entity and is often operated by a separate network operator. The network operator leases or shares the infrastructure with multiple retail internet service providers.

One can think of an open access network as a real-world implementation of the 7-layered Open Systems Interconnection model by the International Organization for Standardization. The OSI model is a broader construct for understanding the physical layer, data link layer, network layer, etc., in internet networking.

However, understanding the basics of the “layer cake” approach helps conceptualize the unique business and technical dimensions behind open access networks.

In an important contribution to this discussion, Broadband Breakfast’s Digital Infrastructure Investment Summit on December 5 demonstrated exactly how many forms open access networks can take. After a keynote presentation on the “Past and Future of Open Access Networks” by COS Systems Mikael Philipsson, a panel delved into diverse perspectives on such networks in the U.S.

The panel emphasized the differences and variations in several last-mile broadband deployments, including those of SiFi Networks, UTOPIA Fiber, Google Fiber, municipalities like the Eastern Shore of Virginia Broadband Authority and what panelists called the “utility lease model.”

In other sessions at the summit, panelists voice the belief that shared infrastructure is poised to become more common in broadband networks.

Regarding the AT&T-BlackRock joint venture of Gigapower, AT&T President of Broadband and Connectivity Initiatives Erin Scarborough highlighted scalability as a pivotal factor guiding AT&T’s choices, speaking at a Broadband Breakfast Live Online event in September.

Although Scarborough emphasized AT&T’s preference for the ownership model, she noted the agreement will allow the company to expand outside its traditional footprint.

“The model used by the joint venture will make sense to other ISPs, gain a lot of traction, and help break down historical biases telecos have had about not controlling all the assets,” predicted Gigapower CEO Bill Hogg during the event.

T-Mobile CEO Mike Sievert has also publicly acknowledged potential network capacity limitations for the company’s fixed wireless access service. At a conference in San Francisco in September, he said the open access model offers a “capital-light way to enter [the fiber] business and take advantage of [T-Mobile’s] embedded customer base and fantastic brand.”

Traditionally pioneered by municipalities

The large telecos appear to be displaying a newfound openness in their approaches to achieving growth. However, the open access model has historically been pioneered by  municipalities, city-owned utilities, and cooperatives in the U.S.

Founded by a consortium of 11 Utah cities in 2004, UTOPIA Fiber expanded its fiber footprint across five cities in Utah this year. UTOPIA now offers its 10 Gigabit services to residents in 19 cities spanning four states. The government organization completely funds the open access builds and network operations through subscriber revenue.

The acceptance of open access might gain new traction through the Washington state legislature. This year, a bill would require all state funding from the federal Broadband Equity Access and Deployment program, nearly $1 billion, to be used to build open-access networks in the state. The bill did not pass in 2023, but 14 of Washington’s 28 Public Utility Districts are committed to deploying citywide open access networks to improve access to telecommunications services. Initiatives like the one to build countywide dark fiber led by the Lewis County PUD are happening across the state.

In Vermont, 22 communities partnered with Great Works Vermont Internet to build open access fiber that is expected to serve 30,000 locations.

A number of city’s collaborated with SiFi Networks this year to announce citywide open access fiber builds. The company set an ambitious goal to pass 40,000 homes per month in early 2023.

For example, the network in Placenta, California will see 20,000 homes, businesses and institutions served by open access, alongside 70,000 households in Oceanside, California. The company announced agreements to partner with Cleveland, Ohio, Saratoga Springs, New York, and Sugarland, Texas this year.

How will the momentum behind open access networks – from telco giants to scrappy innovators to persistent municipalities – play out in 2024?

See “The Twelve Days of Broadband” on Broadband Breakfast

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Open Access

Former Utah House Speaker Spearheads Campaign Against UTOPIA Fiber

The rapidly expanding open access network has historically faced consistent opposition from anti-muni groups.

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Photo of UTOPIA Fiber breaking ground on fiber network in Syracuse City, Utah.

December 20, 2023 – Utah locals may come across new television advertisements targeting UTOPIA Fiber, as part of a $1 million effort backed by the Domestic Policy Caucus

Run under the name NoGovInternet.com, the thrust of this campaign hinges on the argument that the government should steer clear of having a role in providing internet access.

Its primary target is UTOPIA Fiber, a coalition of municipalities with a hand in serving 60,000 broadband customers across 20 cities in Utah.

Fronting the campaign is Utah’s former House Speaker Greg Hughes, a Republican from the fast-growing city of Draper along the Wasatch Front.

During a FOX 13 News interview in December, Hughes raised concerns about government bodies regulating internet speed and pricing.

On its end, UTOPIA denounces what it considers “misinformation” driving the campaign and dismisses Hughes’ assertion suggesting the entity’s ability to control internet speed or access.

According to UTOPIA’s chief marketing officer Kim McKinley, the coalition of localities comprising UTOPIA Fiber lack control over either aspect.

“We don’t make any of those choices. The privately owned service providers are the ones who make those choices,” McKinley told KSL in an interview

Fifteen private internet service providers utilizing UTOPIA’s open access network are responsible for establishing price points and providing various speed packages. Proponents say this system allows for market-driven competition and consumer choice, ensuring a diverse range of options for users across the network.

Hughes also highlighted concerns about potential financial risks for cities partnering with UTOPIA. The campaign references hurdles encountered during UTOPIA’s launch 15 years ago.

“Some of UTOPIA’s early initiatives proved problematic, requiring some cities to step in to help cover bond payments,” said McKinley. 

“Since 2009, though, after implementing new operating procedures, network demand has always been sufficient to cover bond costs.”

As the largest, and fastest-growing open access network in the United States, UTOPIA has long been the target of groups opposed to public broadband initiatives.

In May, Bountiful, Utah voted unanimously (5-0) to collaborate with UTOPIA to extend fiber broadband to all residents after a years-long process. This initiative was met by a cable-funded group launching a petition opposing the city’s efforts. The opposition campaign ultimately failed as hired signature collectors couldn’t gather sufficient support from registered voters.

“We are being used as this example across the country for how to successfully do municipal fiber,” UTOPIA’s CEO Roger Timmerman told Fox 13

“The private company’s don’t like that much, so we are seeing these attacks trying to scare cities from doing that same thing, saying ‘There’s a lot of risk, there’s a lot of cost.’” 

The American Association for Public Broadband, a proponent of public broadband, issued a statement in response to the ads, labeling them as “dark money attacks” and attributing them to “big cable.”

Hughes affirms that there are currently no ongoing legislative endeavors tied to the Domestic Policy Caucus campaign. Furthermore, there is no active attempt to dismantle the current agreements between UTOPIA and its partner cities, he said.

He asserts that the responsibility for broadband and fiber development should remain with private companies. He’s vigorously advocating to spread this message.

Republicans have historically held opposition to municipal broadband initiatives, like that of UTOPIA Fiber, and proposed laws at times that aim to restrict or impose limits on municipal broadband initiatives citing arguments emphasizing free market principles, suggesting that government involvement in broadband provision might hinder competition or private investment. 

However, opponents argue that such laws limit consumer choice and prevent communities from obtaining high-speed internet access that might not be available or affordable from private providers.

At its peak, around 19 states in the U.S. had laws that effectively banned or restricted municipal broadband networks to varying degrees.

Though there are currently no attempts to dismantle UTOPIA, legislation has targeted the organization before.

Notably in 2014, a bill introduced by State Rep. Curt Webb, R-Utah, H.B. 60 was aimed at dismantling UTOPIA, reports Community Networks

As the bill was then written, it wouldn’t have just prevented UTOPIA from building to people willing to pay for it. It also would have required the shut down of any existing services and prohibited UTOPIA from maintaining their backbone that links cities together.

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Open Access

Panelists Debate Whether Lease-Utility Model Offers Open Access Benefits

At the Digital Infrastructure Investment Summit, five experts debate the essence of ‘open access networks’.

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Photo at Digital Infrastructure Investment Summit in Washington on December 5, 2023.

WASHINGTON, December 8, 2023 — The term “open access networks” encompasses a wide range of interactions between internet customers, providers and network operators – and no single definition may be sufficient.

The open access session at the Digital Infrastructure Investment Summit Tuesday delved into diverse perspectives on such networks in the U.S., and emphasized differences and variations in several last-mile broadband deployments.

For example, SiFi Networks President Scott Bradshaw emphasized the importance of citywide infrastructure deployment with more than one internet service provider. In the 40 U.S. cities in 11 states in which SiFi operates, SiFi is the network operator, with a least a few ISPs offering services to consumers.

SiFi uses private financing to build, own and operate the network infrastructure – unlike several other models discussed on the panel.

For example, one alternative approach discussed was the utility-lease model, pioneered in Huntsville, Alabama, in a collaboration facilitated by the Broadband Group and the city’s Huntsville Utilities and Google Fiber.

On the panel, Broadband Group President Jeff Reiman touted the benefits of this public-private partnership, while also acknowledging that it was not truly or fully open access.

Under the Huntsville arrangement, the city utility had deployed fiber for smart grid purposes and chose to lease excess capacity to Google Fiber to improve local connectivity. Huntsville Utilities built a dark fiber network to pass everyone. But the city did not put in the drops, or the home-by-home connections.

Huntsville Utilities owns the system’s fiber backbone, but Google Fiber owns the line-to-home connections, manages all hookups and delivers internet services.

Is that open access?

SiFi’s Bradshaw took issue with that Huntsville model. He highlighted the critical juncture in which an ISP installs its electronics to the home. He said that that was the exact moment that the network could no longer considered open access.

Allowing service providers – in this case, Google Fiber – to install electronics hands control back to the ISP, and jeopardizes customer choice if that ISP exited the market. A truly open access network would ensure that no one ISP can control the customer base, said Bradshaw.

But in defending the utility-lease model, Reiman argued that it has proven to bring some of the benefits of open access: Competition and improved service options.

In fact, all Huntsville residents saw that as a result of the utility-lease arrangement, “When Google Fiber entered Huntsville, Comcast and AT&T immediately upgraded all of their infrastructure.”

Springfield’s City Utilities, in Missouri, followed a similar framework. There, the city leased its unlit fiber network on a nonexclusive basis to internet service provider Lumen Technologies, previously CenturyLink.

Weighing in on the exchange, moderator Christopher Mitchell, Director of the Community Broadband Networks Initiative at the Institute for Local Self-Reliance, said: “There’s a fair number of people who would say we still get some of the benefits of open access, and perhaps the ones that a community values the most, even if they give control of the electronics away.”

“I am a proponent of critical infrastructure being publicly accountable,” continued Mitchell. “But I can’t deny if I talk to Huntsville Utilities and they are happy with what they’ve done.”

Still other variations on open access

The panel agreed that open access, in its pure or three-tier form, describes a network in which a public or private entity builds and/or owns a broadband network complete with fiber drops; a network operator manages connectivity on a lit network; and multiple service providers sell services to individual customers or businesses.

The term ”wholesale broadband” is broader one. It refers to a high-capacity internet provider reselling services on its network through other, more limited retail customers.

Mikael Philipsson, CEO of COS Systems and the keynoter at the Summit,  recounted his experience in Sweden in which gigabit symmetrical connectivity is now available to 98 percent of citizens, and about 60 percent of customers are purchasing their broadband on open access networks.

In his view, open access is centered on providing a range of services to customers, allowing them to switch providers and services as needed.

Robert Bridgham, executive director of the Eastern Shore of Virginia Broadband Authority, exemplified the hybrid nature of the authority’s approach. It offers backbone service while also serving as an ISP.

“We are allowing proprietors to use our backbone, but we also provide end-user services. So we are effectively an ISP and an open access provider. Is it wholesale, is it open access? We don’t limit ourselves,” he said.

“You can see with my fellow panelists, we all have a little bit of a different variance,” said Bridgham, who said he found it fascinating that four experts could offer such distinct interpretations.

But as a whole, all panelists agreed that utility-lease, wholesale, and open access networks (whether constrained or completely open) all inject much-needed competition into a traditionally vertically-integrated model.

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