EVENT Notes: OBD Training for broadband providers: working with MN Indian Affairs Council, MN Historical Society, and the Office of the State Archaeologist

Today’s session on BEAD funding regulations by the Office of Broadband Development focused on…

Session provides an overview of Minnesota’s two primary statutes governing archaeological resources: the Private Cemeteries Act (Minnesota Statute 307.08) and the Field Archaeology Act (Minnesota Statute 138.31-42); a discussion on licensing, including qualifications needed to work in Minnesota; and a consultation with MIAC regarding American Indian cemetery sites, the licensing process, and work standards.

You can check out the session:

Links shared:

Link for the Office of the State Archaeologist (OSA) Portal: https://osaportal.gisdata.mn.gov/

For more information on SOI-quals: https://www.nps.gov/articles/sec-standards-prof-quals.htm

Applying for an Archaeology License: https://mn.gov/admin/archaeologist/professional-archaeologists/manuals-licenses/

OSA’s Manual for Archaeological Projects in Minnesota: https://mn.gov/admin/assets/OSAmanual_tcm36-186982.pdf

Curation of Archaeological Collections: https://www.mnhs.org/library/learn/collections/archaeology/curation

Or the PPT slides: Continue reading

Report tracks incidents and costs occurring during broadband installation

Minnesota Public Radio talked to Jake Schwitzer, the executive director of North Star, an organization that released a brief last week that looks at damage caused when during broadband installation. Specifically, the report found

Underground telecommunications installation is a leading cause of damage to buried infrastructure in the state.

Underground telecommunications installation is damaging essential lines with potentially dangerous consequences. The lines most frequently hit by telecommunications installation include natural gas and electric infrastructure, along with existing telecommunications lines.

Telecommunications installation accounts for the lion’s share of damage attributable to directional drilling. When focusing on directional drilling work alone, the share of damage caused by the telecommunications industry grows even larger.

The full scope of damage caused by underground telecommunications installation is unclear. While the data reported here are worrisome, it is unlikely that this data is comprehensive, meaning that the true extent of damage caused by telecommunications installation in Minnesota is not known.

Investment in broadband deployment will grow significantly over the next five years, creating greater risk to underground infrastructure. With a large influx of federal assistance, the pace of broadband installation is about to accelerate in Minnesota. In order to reduce the damage caused by broadband installation, actions need to be taken now.

During the interview, Schwitzer noted…

What’s the takeaway regarding damage caused by telecommunication lines or the construction of those lines?

Our research found really troubling amounts of damage being caused by broadband installers. What we found was the telecom industry accounted for 60 percent of all damage from directional drilling over the last three years. So, over 1,300 instances of damage caused by the telecom industry [and] they’re averaging 1.27 strikes per day to underground infrastructure.

Has any of this caused any explosions or property damage?

One of the most high-profile instances was back in 1998. A crew installing broadband cable for high-speed internet in downtown St. Cloud struck a gas line and the resulting explosion killed four people and destroyed six buildings.

And then in the last month, broadband drilling performed just blocks away from that same accident caused damage to an underground phone line. So, this problem is just repeating itself.

What’s not being done here?

Unlike other industries, these workers do not receive a high level of training, there aren’t high safety standards. Other industries like gas and electrical installation, where they’re doing the same type of work, they’re not having as many accidents. The accident rate is lower. And it’s because they’re much better trained.

And that’s the type of thing that we’re asking the state Legislature. They need to be better trained to make sure that they’re not causing these accidents and there needs to be higher safety standards for these workers.

You actually were at the capitol [testifying] on that very issue — an omnibus bill that contains proposals related to this. What’s being considered and what would you like to see come out of that?

Yeah, so it’s pretty simple training standards, safety standards. Similar things that are required of workers in similar industries.

We think that broadband installers should be held to the same standards as other workers working in these underground spaces, which are getting increasingly congested. And as a result, it’s more and more dangerous for folks working in those spaces.

As, the discussion alludes, the Legislature has been looking at this issue, in a bill originally introduces as HF4742: Broadband installer industry standards.

How Bevcomm is working on MN State Grants in Faribault County?

The Faribault County Register reports on Bevcomm’s plans for the current round of MN State grants. It is an interesting look at how the sausage is funded…

Bill Eckles, president and CEO of Bevcomm, attended the Faribault County Economic Development Board meeting in Frost on Tuesday, April 16 to update the board on the latest broadband grant news.

“First of all, thank you for the last grant you gave us to help us secure the grant to get fiber optic to the Minnesota Lake area,” Eckles said. “Construction should begin soon on that project.”

He also had news regarding the next grant program.

“We were somewhat surprised when the state opened up another round of broadband grants this soon,” Eckles admitted. “Things are changing at the state which will make things more difficult in the future.”

Eckles went on to explain Bevcomm’s plans.

“They have 550 homes in the rural Blue Earth and Wells area that still do not have fiber,” he said. “It is a $7.1 million project to do the work to serve these homes. This is the last round of grants under the current rules and Bevcomm will be applying for a grant which would cover 25 percent of the cost with Bevcomm covering the remainder.”

Eckles told board members the process of seeking the grant is similar to the previous times Bevcomm applied for grants.

“That is why I’m here to see if the EDA would be willing to contribute a $5,000 grant to Bevcomm. We do this because it gives us points on our application when we show the community supporting us,” Eckles commented. “Of course, if we do not get the grant from the state then we do not get the money from the EDA.”

Eckles also informed the board that Bevcomm could have applied for a state broadband grant which would have covered 50 percent of the cost of the $7.1 million project.

“We have a better chance of getting approved by only asking for a 25 percent grant,” he offered. “The grant will not be awarded until later summer or fall and it is a two-year program to get all of the work done to bring fiber to the homes.”

EVENT June 10: Building for Digital Equity (#B4DE)

From the Institute for Local Self Reliance...

The Institute for Local Self Reliance (ILSR) Community Broadband Networks Initiative and the National Digital Inclusion Alliance (NDIA) are gearing up for the second installment of the Building for Digital Equity (#B4DE) event this year, and encouraging digital equity practitioners to save the date.

The popular (and free) virtual gathering will be held June 10, 2024 from 3 to 4:15 PM ET and will feature an Internet Affordability theme: Pathways to Affordable Connectivity

You can register for the event here.

Coming on the heels of our last B4DE event in March, we are excited to follow up with an informative agenda that will cover:

As with the previous #B4DE events, the June live stream will once again be sponsored by UTOPIA Fiber and co-hosted by NDIA’s Pamela Rosales and ILSR’s Community Broadband Networks Initiative Director Christopher Mitchell.

EVENT April 16: How to Build a Public Broadband Network

From the Benton Institute for Broadband & Society...

Webinar Series: How to Build a Public Broadband Network

RSVP Here

Please join us on Tuesday April 16th, Noon ET, for the first webinar in a series about building public broadband networks.

The American Association for Public Broadband (AAPB), in partnership with the Benton Institute for Broadband & Society, is celebrating the publication of its new community broadband handbook “Own Your Internet: How to Build a Public Broadband Network” with a webinar series that spotlights the experiences of a number of communities building community networks.

Moderated by Bill Coleman, author of the AAPB handbook and longtime leader in community broadband, each webinar will provide expert advice for AAPB members, and feature the experiences of community leaders as they navigated establishing, building or running a public broadband network.

Webinar One: Making the Community Broadband Network Decision
April 16th, 12 pm – 1 pm ET
The first of these webinars will focus on why communities might consider building a publicly owned network, and the steps they would take to embark on this journey. Bill will be joined by

  • Jeff Reiman, The Broadband Group
  • Ellie de Villiers, Maple Broadband – Middlebury, Vermont
  • Cynthia Garza, Director or External Relations, City of Pharr, Texas
  • Christa Thorpe, Island Institute

In subsequent sessions on May 14th and June 11th, the series will focus on the various possible structures for public broadband networks, and the strategies for building infrastructure and launching services.’

Please be sure to RSVP.

Can Agencies Take Steps to Better Meet Deadline for Processing Permits?

Borrowing from Benton Institute for Broadband & Society Headlines

Andrew Von Ah  |  Research  |  Government Accountability Office

The federal government is investing billions of dollars in expanding broadband access. Some new infrastructure—such as broadband towers—will be situated on federal lands. Federal agencies are required to process applications for such permits within 270 days. The Bureau of Land Management and the Forest Service process most of these applications. Between 2018-2022, both agencies missed the deadline for some applications and for others couldn’t determine if they processed the applications on time. GAO analyzed federal permitting data; reviewed laws and reports on the application review process; and interviewed agency officials. Based on this analysis, GAO is making six recommendations—three to the Bureau of Land Management (BLM) and three to Forest Service—to improve their processing of communications use applications, so that they are better able to meet the 270-day deadline. BLM and the Forest Service agreed with the recommendations.

  1. The Director of BLM should develop controls to ensure BLM data are sufficiently accurate and complete to track processing times for all communications use applications

  2. The Chief of the Forest Service should develop controls to ensure Forest Service data are sufficiently accurate and complete to track processing times for all communications use applications

  3. The Director of BLM should continue to analyze the factors that contribute to delays in processing communications use applications as they occur and take actions to address those factors

  4. The Chief of the Forest Service should continue to analyze the factors that contribute to delays in processing communications use applications as they occur, as well as the efficacy of the actions the agency has taken to address those factors, and take additional actions as necessary

  5. The Director of BLM should establish a method to alert staff to communications use applications at risk of exceeding the 270-day deadline

  6. The Chief of the Forest Service should establish a method to alert staff to communications use applications at risk of exceeding the 270-day deadline

Earlier this week, the Minnesota Office of Broadband Development hosted a conversation with the State Historic Preservation Office (SHPO) about how broadband providers could best work with their office to get necessary permits and permission. SHPO aims to responds to people within 30 days but they admit that can often be 60 days. And if there’s anything amiss with the original application it may take 30-60 days to get a response after each modification. Why? Because they are terribly short staffed and it didn’t sound like they were optimistic about getting funding for more staff anytime soon. I suspect the BLM could be faster with more staff too.

The question is whether we’d like to spend money to streamline permits or on the deplo

MN HF4182 (Equal Access to Broadband Act) laid over for possible inclusion

The MN House Committee on State and Local Government Finance and Policy discussed HF4182 (Freiberg) Equal Access to Broadband Act established, and broadband services and broadband infrastructure governing provisions modified. (I have written about this bill before.) The bill was finally called after a very long discussion on an earlier agenda item (HF4593). Bill is laid over for possible inclusion.

Notes:
Proposed Amendment A: stacking of franchise fees, is not allowed, impacts only broadband providers, not wireless, caps the franchise fees.
Question:

Why not include wireless providers?
The bill deals with ISP not others.
Wireless providers provide internet access, so do broadband providers. What’s the difference?
They have always been excluded? Because the legislature based rules one small cell and wireless that excludes wireless from franchising.
Amendment A3 is added.

Testifier from CCX Media (cable companies): They produce unique programming with PEG funding. Newspapers are not surviving. We will a need in our programs. They do advocacy for consumers. The provide tech support for cable companies.

Mayor Testifier: local s, broadband franchising should mirror the community service that cable franchising does. Franchise fees pays for regulatory services as well as programming – such as elections, local sports and government meetings.

Testifier from MN Telecom Alliance: broadband providers invested $360M in broadband. But this bill makes it harder to invest. We oppose the bill. No other state has passed this legislation. It opposes ITFA (Internet Tax Freedom Act). Cable franchising is not easily smoothed into broadband franchising. It will increase consumer bills. This will hurt broadband buildout.

Testifier from MCCA (cable association): this bill would stop broadband deployment. It puts an 8 percent tax on broadband. It makes it less affordable. It conflicts with other regulations.

Testifier from Wireless association: some of our concerns have been assuaged with the amendment. We already have lots of regulations. We want more amendments to exempt wireless.

Testifier from center for fiscal excellence: these fees function like taxes, which should go to general revenue. But these taxes are already earmarked for specific things. The question is where the fees will be used. Research shows cable franchise funding doesn’t always go to PEG or other legit cable-related services.

Questions:

I was a mayor and we worked with a provider. Why do we want to tax my residents? Most people get their info online anyways.
It is comparable with what we’ve always done with cable companies. If you have a good experience – you don’t have to charge the fee. It’s opt-in/opt-out.

How would this help offset municipal infrastructure costs? What costs?
Costs to deploying broadband. Or rent for rights-of-way.
It’s how we treat existing utilities this same way – for access to public rights-of-way.

So this is really like a rent to public spaces?
Partially – but also do raise revenue and defray municipal costs.

So this is raised revenue? Don’t we have other ways to pay for public education and information? I get a lot of bills. This is a tax.

I worked in a city. We called this a tax. Who pays this tax.
The tax goes to customers’ bill.
That is confusing to people. I see it on my bill and I think it’s the fault of the provider when really I should be made at the city.

Here are the written comments:

MN Bill introduced HF5258 on taxation and modifying the exemption for telecommunications machinery and equipment

HF5258, A bill for an act relating to taxation; sales and use; modifying the exemption for telecommunications or pay television services machinery and equipment; amending Minnesota Statutes 2022, section 297A.68, subdivision 35a was read for the first time and referred to the Committee on Taxes.

Here is the version as introduced:

A bill for an act
relating to taxation; sales and use; modifying the exemption for telecommunications
or pay television services machinery and equipment; amending Minnesota Statutes
2022, section 297A.68, subdivision 35a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 297A.68, subdivision 35a, is amended to read:

Subd. 35a.

 

Telecommunications or pay television services machinery and
equipment.

 

(a) Telecommunications or pay television services machinery and equipment
purchased or leased for use directly by a telecommunications or pay television services
provider primarily in the provision of telecommunications or pay television services that
are ultimately to be sold at retail are exempt, regardless of whether purchased by the owner,
a contractor, or a subcontractor.

(b) For purposes of this subdivision, “telecommunications or pay television machinery
and equipment” includes, but is not limited to:

(1) machinery, equipment, and fixtures utilized in receiving, initiating, amplifying,
processing, transmitting, retransmitting, recording, switching, or monitoring
telecommunications or pay television services, such as computers, transformers, amplifiers,
routers, bridges, repeaters, multiplexers, and other items performing comparable functions;

(2) machinery, equipment, and fixtures used in the transportation of telecommunications
or pay television services, such as radio transmitters and receivers, satellite equipment,
microwave equipment, fiber, conduit, and other transporting media, but not wire, cable, or
poles;

(3) ancillary machinery, equipment, and fixtures that regulate, control, protect, or enable
the machinery in clauses (1) and (2) to accomplish its intended function, such as auxiliary
power supply, test equipment, towers, heating, ventilating, and air conditioning equipment
necessary to the operation of the telecommunications or pay television equipment; and
software necessary to the operation of the telecommunications or pay television equipment;
and

(4) repair and replacement parts, including accessories, whether purchased as spare parts,
repair parts, or as upgrades or modifications to qualified machinery or equipment.

EFFECTIVE DATE. 

This section is effective for sales and purchases made after June
30, 2024.

Nuvera to expand FTTH in Belle Plaine, Cokato and Oliva (Scott County)

Here’s the latest from Nuvera Communications…

Nuvera Communications, Inc. (OTC: NUVR), a diversified communications company, is announcing plans to expand its fiber network into Belle Plaine. The expansion plans are part of the third year of construction and deployment for the $200 million Nuvera Gig Cities project.
New Ulm-based Nuvera will begin construction on the multi-year project in Belle Plaine within the next several weeks and gradually roll out service beginning later this year.
“At Nuvera, we take pride in being the Minnesota company investing, building, and bringing connections to life for more families and communities every day,” said Glenn
Zerbe, Chief Executive Officer of Nuvera Communications. “Just like roads and bridges, technology infrastructure investments transform a community. Nuvera’s work in Belle Plaine will contribute to creating a vibrant quality of life in a great Minnesota community.”
The state of Minnesota’s current broadband speed goal is 100 megabits for all communities by 2026. Nuvera’s build-out provides fiber-to-the-home connections that exceed the 2026 goal by ten times, connecting homes to speeds up to 1 Gig with symmetrical speeds. In 2024, Nuvera is managing an estimated 30+ fiber projects in 21 communities across southern Minnesota.
As Nuvera ramps up for construction in Belle Plaine, all residents interested in connecting to the new fiber network are encouraged to sign up early. To sign up for residential service call Nuvera’s local team at 844.354.4111 or visit
NuveraGigCities.com. For business services, go Nuvera.net/Business or talk to
Nuvera’s local business team at 844.610.5300.
To learn more about Nuvera’s construction process, go to Nuvera.net/Construction.

Broadband Development Tuesday Training Series: Navigating PLUS (Permitting, Land Use, and State Systems)

Today was the first in a series of webinars hosted by the Office of Broadband Development:

State agency experts will provide an overview of their agency, and information on current processes, timelines, goals, and best practices working on broadband projects and with broadband grantees.

Minnesota Department of Transportation (MnDOT)

This will be a joint session from MnDOT’s Utility Permitting Unit and Cultural Resources Unit to provide guidance specific to MnDOT’s permitting role for any work within MnDOT trunk highway rights-of-way. Agency presenters are:

  • Ann Driver, Utility Permits Unit Supervisor (MnDOT)
  • Jammi Ladwig, Cultural Resources Unit (CRU) Archaeologist (MnDOT)

The session is heavy with information, and I think the presenters do a nice job walking attendees through the process. I capture the video and tried to capture all of the slides because it’s the sort of information you might want in detail, when you need it.

Here are the Questions:

Google KMZ showing findings of places that are open or not open?
Location data aren’t publicly accessible, but the State Archeologist website has a portal that shows previously recorded sites. You can also apply to OSA.

Laws are the same but the process is different?
MNDOT started adding more cultural resources in 2019. There have been some legislative changes but much as remained the same.

Here are upcoming events…

Register for upcoming sessions below! 

BEAD Application Toolkit: getting prepared to prepare

I’ve said before we’re in a world of broadband funding limbo right now. Minnesota is on the cusp of receiving more than $650 million for broadband expansion but we don’t know the details yet because the NTIA has not yet approved Minnesota’s proposed plan to spend the money, many communities are scrambling to prepare for a without any clear direction. Rural Innovation Strategies, Inc. (RISI) has created a free BEAD application toolkit to help smaller and rural ISPs be competitive with their applications.

It’s hard to me to speak too much on the information because I’m an academic not a  practitioner, but for the academics or for folks who want to understand the process, but won’t be getting out their calculators to fill in forms, this seems to be a good introduction. The toolkit is based on an outline and series of questions that I think make it easy to follow.

You could create a lot of checklists based on this toolkit and that seems helpful to folks on all sides of the table.

MN Equal Access to Broadband bill means new fees for broadband providers

The Minneapolis Star Tribune reports on the MN Equal Access to Broadband bill (I have been following the bill in the Legislature)…

Minnesota cities are asking the Legislature for power to slap internet providers with new fees, an idea they say will lead to more broadband in the state with the added bonus of helping to pay for basic government access programming like video of council meetings.

But the idea has caused a stir at the Capitol, where telecom groups and Republicans argue the bill — with its significant support from the Twin Cities metro area — won’t actually aid rural Minnesota in bridging the digital divide at all. Instead, it would just bring in more cash to local government at the expense of broadband customers.

The tug-of-war has become contentious at times, pitting cities and their media operations against internet providers large and small and sparking debate about whether the bill’s title promising equal access to broadband is false advertising.

Gov. Tim Walz’s broadband office declined to weigh in as officials there plan to distribute more than $750 million in state and federal money to subsidize the construction of broadband infrastructure aimed at expanding high-speed internet options.

“The added fee on consumers’ bills will tip the affordability scale in the wrong direction,” said Brent Christensen, president of the Minnesota Telecom Alliance. “This legislation is contrary to everything the state of Minnesota, the Office of Broadband Development and my members are doing to see that all Minnesotans have access to quality broadband.”

Bills for broadband

Local governments have long negotiated franchise agreements with cable TV providers and utility companies to use public right-of-ways for infrastructure like wires.

Those deals usually include franchise fees, and for cable providers, a second fee specifically dedicated to what is known as Public Education and Government, or PEG. That’s basic public access media documenting local life and government.

There are federal limits…

Federal law limits cable franchise fees to 5% of annual gross revenue in that city, though the PEG fees are additional and uncapped. The latest version of the DFL legislation restricts broadband franchise fees to 5% of gross revenue and PEG fees to 3%.

Supporters have titled the bill as the “Equal Access to Broadband Act,” saying cities can negotiate consumer protections through franchise deals. Broadband groups have argued it’s a misnomer, that the policy will slow the spread of quality internet.

Bois Forte Band of Chippewa gets $261,184 from IRRB for FTTH

The IRRRB reports

At today’s Iron Range Resources & Rehabilitation Board meeting, an estimated $1.3 million in loans, $750,000 in site ready grants, $3.7 million in infrastructure grants, $157,000 in trails grants and $3.6 million in housing grants were reviewed to advance projects in northeastern Minnesota. Agency investment for all projects combined is over $9.5 million. Total project investment is estimated at $106.6 million. The projects are expected to increase the regional tax base, retain and create jobs, expand broadband, provide essential services, grow the housing inventory and expand outdoor recreation.

One project was broadband-related…

Broadband Infrastructure Grant: $261,184

Agency Investment $261,184 | Total Project Investment $522,369

  • Bois Forte Band of Chippewa: $261,184 to construct a fiber-to-the-home buildout to bring high speed broadband to 442 homes in the Bois Forte Reservation. The project previously received a grant in 2019 and is nearing completion. Due to ledge rock encountered and higher material costs, the new grant amendment will support 50% of the increased construction costs.

MiEnergy is talking to Winona County about broadband expansion and partnerships

Winona Post reports

The electrical cooperative MiEnergy hopes to win grant funding for rural broadband expansion projects in Winona County and is pitching the County Board on supporting that effort. MiEnergy President Brian Krambeer gave an initial presentation to the County Board last month on his company’s expansion goals, beginning south of St. Charles. …

According to MiEnergy, over 3,100 Winona County households have no internet service or sub-broadband speeds. These areas are also the hardest to reach. Many of them are very rural, with few households to justify the cost of extending fiber optic lines, and others are located in rocky valleys or ridges that make excavation a challenge. “We average less than four members per mile of line,” Krambeer said.

More on the upcoming request…

MiEnergy has not yet submitted a specific request to the county, County Administrator Maureen Holte said. However, in his presentation, Krambeer suggested two ideas as examples: The county might contribute a $2 million grant toward the project or a $10 million deferred loan.

The county has made significant contributions to other broadband expansions projects by HBC. However, the largest ones came from federal relief funds the county received during the pandemic, which are no longer available. To help leverage a $560,000 state grant, the county gave HBC $100,000 toward a $1.7 million project around Cedar Valley and Whitewater State Park in 2017. In 2020, the county dedicated $982,000 from the federal CARES Act funding toward an HBC expansion effort near Rollingstone, Nodine, and St. Charles. Finally, in 2022, the county used $2.6 million in federal aid to back HBC extending internet around the Arches, Saratoga, Lamoille, and Elba areas.

County Board member Marcia Ward encouraged county staff and her fellow board members to consider what funding the county could dedicate toward MiEnergy’s project. “Many communities have done this years ago, and we’ve fallen behind a lot of communities,” she said.

According to Krambeer, Winona County ranked 15th in the state for broadband access in 2018 but dropped to 39th last year as a result of other counties expanding their networks.

MN HF4626: repealing wage exemption for broadband workers re-referred to the Committee on Labor

Reports of Standing Committees reports

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

  1. F. No. 4626, A bill for an act relating to public safety; modifying federal pipeline inspection rules for individuals performing construction or maintenance work; repealing prevailing wage exemption for broadband workers; amending Minnesota Statutes 2022, sections 299J.02, by adding a subdivision; 299J.11; repealing Minnesota Statutes 2022, section 116J.398.

With the recommendation that when so amended the bill be re-referred to the Committee on Labor and Industry Finance and Policy.