MN5409 introduced: Requiring age verification for websites with material harmful to minors

Yesterday…

HF. 5409,A bill for an act relating to consumer protection; requiring age verification for websites with material harmful to minors; providing for enforcement by the attorney general; creating a private right of action; proposing coding for new law in Minnesota Statutes, chapter 325F.

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

Here’s the bill as introduced

A bill for an act
relating to consumer protection; requiring age verification for websites with material
harmful to minors; providing for enforcement by the attorney general; creating a
private right of action; proposing coding for new law in Minnesota Statutes, chapter
325F.

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

Section 1.

[325F.1791] AGE VERIFICATION FOR INTERNET CONTENT
HARMFUL TO MINORS.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(b) “Host” means to provide the technology and resources necessary to store and maintain
the electronic files and applications associated with a website on a computer server, in order
for the website to be accessible via the Internet. For purposes of this section, an Internet
service provider does not host a website.

(c) “Identifying information” means any information that is linked or reasonably linkable
to an identified or identifiable natural person.

(d) “Interactive computer service” means any information service, system, or access
software provider that provides or enables computer access by multiple users to a computer
server, including (1) a service or system that provides access to the Internet, and (2) systems
operated or services offered by libraries or educational institutions.

(e) “Intimate parts” means the genitals, pubic area, or anus of an individual. If the
individual is female, intimate parts includes a partially or fully exposed nipple.

(f) “Material harmful to minors” means a text, sound recording, image, video, or similar
representation or depiction that:

(1) the average person, applying contemporary community standards and evaluating the
material (i) as a whole, and (ii) with respect to minors, would determine is designed to
appeal to or pander to the prurient interest;

(2) in a manner patently offensive with respect to minors, exploits, is devoted to, or
principally consists of representations or descriptions of actual, simulated, or animated
display or depiction of intimate parts, sexual contact, sexual penetration, bestiality,
sadomasochistic abuse, excretory functions, exhibitions, or other sexual acts; and

(3) taken as a whole lacks serious literary, artistic, political, or scientific value for minors.

(g) “Sexual contact” means the intentional touching of intimate parts or intentional
touching with seminal fluid or sperm onto another person’s body.

(h) “Sexual penetration” means any of the following acts:

(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or

(2) any intrusion, however slight, into the genital or anal openings of an individual by
another’s body part or an object used by another for this purpose.

(i) “Shares or distributes” means to display or present material or make material available
for download, with or without consideration.

Subd. 2.

Age verification required.

(a) A person who knowingly (1) shares or distributes
material that is harmful to minors on a website where the material appears on 25 percent or
more of the webpages viewed on the website in any calendar month, or (2) hosts a website
that meets the criteria under clause (1) must verify that any individual who is a resident of
Minnesota or who is located in Minnesota at the time of the attempted access is 18 years
of age or older.

(b) It is a violation of this section to allow an individual to access a website identified
under paragraph (a) without verifying that the individual is 18 years of age or older. Required
age verification must be conducted through the use of:

(1) a commercially available database that is regularly used by businesses or governmental
entities to verify age and identity; or

(2) any other commercially reasonable method to verify age and identity approved by
the commissioner of commerce.

(c) The commissioner of commerce may review and approve reliable methods to verify
age and identity for purposes of this section. The commissioner’s approval under this
paragraph is not subject to the rulemaking provisions of chapter 14 and section 14.386 does
not apply.

Subd. 3.

Data privacy.

(a) A person who performs the age verification required by
subdivision 2 must not retain any identifying information submitted by an individual to
verify age.

(b) A person who knowingly retains identifying information of an individual in violation
of paragraph (a) is liable to the individual for damages resulting from the retention, including
reasonable attorney fees and costs as ordered by the court.

Subd. 4.

Enforcement; civil penalties.

(a) A person who accesses a website without
verifying the person’s age in violation of this section may report the violation to the attorney
general. Upon receipt of a report made under this paragraph, the attorney general must
investigate and may bring a civil enforcement action and recover the relief provided in
section 8.31. Each instance that a website is accessed in violation of this section constitutes
a separate violation.

(b) The parent or legal guardian of a minor who accesses a website without verifying
the minor’s age in violation of this section may bring a civil action against the person who
violated this section to recover damages, together with costs and disbursements, including
reasonable attorney fees, and receive other equitable relief determined by the court. In
addition to any other damages and relief awarded, a person who violates this section may
be liable for a civil penalty of not more than $25,000 per violation.

Subd. 5.

Limitations.

Nothing in this section imposes an obligation or liability on an
Internet service provider or the user of an interactive computer service.

New research looks a broadband adoption based on speeds and socioeconomic groups

Roberto Gallardo and Brian Whitacre haver released a new research report: An unexpected digital divide? A look at internet speeds and socioeconomic groups. It tracks broadband adoption across most of the US based on speeds and compares to census data. Most of their findings are similar to what we’ve been tracking for the last 20+ years, but there was once surprise…

This study attempted to see if existing disparities among demographic groups in terms of home broadband adoption remained when examining performance or internet quality – measured by average download and upload speed tests from Ookla. The analysis uses over 97% of all census tracts in the continental U.S. and accounts for a wide variety of social and technological factors hypothesized to impact broadband speeds. The results were mostly as anticipated, showing that disparities do exist when looking at internet performance or quality. For example, the share of rural residents has a strong negative impact on realized speed, as does the share of residents under the poverty line. These findings contribute to the digital equity literature and provide timely insights to states and territories going through a digital equity planning process. As additional policies and programs are being designed to address digital inclusion issues, recognition of the disparities that specific demographics face in terms of on-the-ground speed (and not simple availability) is an important part of the conversation. In other words, the assumption that certain covered populations require digital equity interventions may need to be revised when looking at the speeds actually experienced by on-the-ground users.

One surprising result is worth discussing further. The fact that white non-Hispanics were associated with slower average download and upload speeds was not expected. According to the Pew Research Center, as of 2021, 80% of whites subscribed to home internet compared to 71% of blacks and 61% of Hispanics (Pew Research Center, 2021). Similar racial and ethnic discrepancies were found in a recent subscription-focused analysis that incorporated a spatial error model like ours (Zahnd et al., 2022). Yet, the analysis here shows that whites were associated with slower download and upload speeds, controlling for other variables known to affect home internet subscriptions. This finding remains when interacting white non-Hispanic percentage with the percentage of the population that is rural. The estimated impact is not overly dramatic: evaluated at other variable means, the expected download speed would be 171 Mbps for a tract with 10% minorities but 181 Mbps for a tract with 90% minorities. Yet, this is roughly the same impact associated with moving from a tract with 40% of the population over the age of 65 to one with only 10%.

This unexpected finding supports other emerging research. Digital equity surveys in Indiana and Missouri found that whites lag or subscribe at the same rate as racial/ethnic minorities when it comes to paying for home internet for all previous 12 months, after controlling for urban and rural locations (Gallardo, 2023Spell, 2023). In addition, another study that also used internet speeds across 12 states in the southeastern United States found that the share of whites was associated with slower download and upload speeds, after also controlling for urban and rural locations (Gallardo & Whitacre, 2022). Similarly, a recent study using Ookla data found that majority-Black neighborhoods had higher download speeds during the 2019–2021 period, but slightly slower upload speeds (Rodriguez-Elliott & Vachuska, 2023). Lastly, another study found that while fiber-optic broadband—associated with faster download and upload speeds—increased urban and rural home values in Wisconsin, it also decreased the likelihood of homebuyers being white in urban areas of the state (Wolf & Irwin, 2023). This suggests that minority homeowners place more of a value on faster speed availability—at least in urban Wisconsin. This general hypothesis is supported by our research, but for a much broader geography (i.e. the entire continental U.S.).

It is difficult to explain why slower speeds occur in tracts with more white non-Hispanics. One possible explanation is that this demographic may tend to subscribe to slower speeds when compared to nonwhite consumers, despite potentially having faster connections available. This is not testable with our dataset and remains an area for future research. It may also be the case that some areas that have more internet connectivity issues (e.g., rural) and that conduct more speed tests may also have a higher share of white non-Hispanics. A study conducted in the United Kingdom concluded that rural areas had a higher propensity for speed testing due to network performance issues (Riddlesden & Singleton, 2014). However, the fact that the number of speed tests was associated with higher—not lower—speeds does not support the premise that more speed tests are conducted in areas with unreliable or slower service.

Northeast Service Cooperative breaks ground on more Middle Mile in Northeast MN

WDIO reports on broadband expansion in Northern Minnesota. Funding comes from CARES Act and local funding…

Broadening broadband called for a golden shovel moment on the Range on Tuesday.

The Northeast Service Cooperative is proud to be adding 136 route miles of fiber to their network.

They’ve been working on this project for years. It will mean expanded fiber to places like Kanabec and Pine County, and upgrades to Hibbing and Virginia.

Money for the $4.25 million dollar project is coming from the CARES Act and matching local money.

Lake States Construction is the contractor. Work could take two years, but weather permitting much of it can be done this year.

OPPORTUNITY: Unleash the Good(R) Grant: A Web Design Initiative by ArcStone – deadline May 31

A little bit off topic but, ArcStone is a Minnesota company, and I know many readers have a connection to a nonprofit organization, and I’m just one day off Earth Day – so here’s info on a grant for website development. Good luck!

ArcStone partners with nonprofit organizations and thoughtful brands to drive missions forward. As a demonstration of our commitment to growing the impact of organizations that care, we are proud to launch the Unleash the Good Grant program.

Through this grant, we aim to support nonprofit organizations to enhance their online presence and achieve their mission through strategic web development services.

Our current grant cycle is open to 501(c)3 tax-exempt organizations dedicated to protecting, preserving, and improving the Earth’s natural environment.

Stay tuned for our Fall grant cycle, exclusively dedicated to social impact organizations making a meaningful and sustainable difference in people’s lives and society.

This in-kind grant provides services valued at $15,000 to selected organizations to empower them to create a compelling and impactful online platform.

 

Eligible Organizations

To be eligible for the Unleash the Good Grant, organizations must meet the following criteria:

  • 501(c)3 Status: The organization holds a valid 501(c)3 tax-exempt status under the U.S. Internal Revenue Code.
  • Environmental Impact: The organization actively works to protect, preserve, and improve the Earth’s natural environment.
  • Web Design Needs: The organization has a clear vision of how web design services will enhance its online presence and further its mission.
  • Agreement to Grant Terms: The organization agrees to comply with the terms and conditions outlined in the grant application.

Services Included

The grant project includes the following web development services:

  • Website Discovery and Sitemap
  • Accessible and Inclusive Design
  • WordPress Development
  • SEO Basics for Key Pages
  • Limited Content Entry
  • Project Management, Quality Assurance, Training, and Launch
  • One year of free hosting

Application Process & Timeline

Application Submission: Eligible organizations are invited to submit their applications through our online application form below.

Review and Evaluation: Applications will be thoroughly reviewed, and organizations will be evaluated based on alignment with our mission, potential impact, and demonstrated need for web design services.

Selection: One organization will receive the $15,000 Unleash the Good Grant. Additionally, two organizations will be selected to receive $5,000 off the $15,000 web design package outlined above.

Timeline: The application period is currently open, and the deadline to apply is May 31, 2024 at 11:59 PM CST. All applicants will receive a decision via email by June 18th. Work on the project will begin in July. Grant recipients must submit a final report by August 31, 2025.

Please contact Dan Olson at dolson@arcstone.com with any additional questions.

Please fill out the form to be notified of future grant opportunities.

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.”

MN House moves forward a bill to improve courthouse security – including cyber security

Session Daily reports...

Courthouse security, both physical and in cyberspace, plus pay boosts for courtroom interpreters and those who do mental health examinations in civil commitment and criminal proceedings are the main items set to benefit from a $36 million proposal.

Sponsored by Rep. Jamie Becker-Finn (DFL-Roseville), HF5245as amended, was approved by the House Judiciary Finance and Civil Law Committee Thursday and sent to the House Ways and Means Committee.

District courts would be the largest beneficiary at $32 million for the 2024-25 biennium; the Supreme Court would receive $4 million, with $3.5 million of that to enhance cybersecurity in all state judiciary system courts.

Turns out seniors are pretty tech savvy and will want broadband

Connectivity Trends for Senior Living in the United States (2024-2029), a report by Maravedit, reports…

The U.S. population continues to age rapidly, and this aging boom has a multifold impact on the senior housing industry. Baby Boomers make up an increasingly large share of the senior population and they are living longer and healthier lives than the generations before them. After the heavy drop experienced during the pandemic, senior housing occupancy rates are back to healthier levels. The National Investment Center estimates over 600,000
additional units will be needed by 2029 to maintain the current penetration rate.
Contrary to popular belief, seniors have become increasingly technology-savvy and are enthusiastic internet users. While senior residents continue to consume mainly
linear/cable television, online streaming is on the rise. Seniors also increasingly use mobile applications for banking, video chatting, gaming and engaging with their local community.
As active seniors move around their apartments and common areas, Wi-Fi roaming becomes important to maintain connectivity throughout the property, whether it be independent or assisted living. In short, senior residents’ expectations are rapidly changing.
The senior living industry has its share of challenges. It is marked by staff shortages, increased medical costs and low digitalization. The staff shortages create a domino effect,
leading to an overly taxed workforce and an increase in labor costs. Senior housing leaders are continuously asked to do more with less. This state of affairs represents an opportunity for technology and connectivity to play a vital role in improving operational efficiency through automation and better integration of legacy systems and facility IoT.
For caregivers and administrative staff, managed Wi-Fi is the foundational layer that enables them to serve the residents and better accomplish their duties. Wi-Fi makes it
possible to reduce residents’ isolation while facilitating the staff’s work in senior living.
Video calls, telemedicine, home automation systems — the list of innovations that improve the well-being of senior residents while optimizing the working conditions of care staff is growing.
On March 5, 2024, during the production of this report, the Federal Communications Commission (FCC) made a statement that may negatively impact bulk-managed Wi-Fi.
This is causing concern and uncertainty among the stakeholders, but it is too early to know the impact.
No matter what the FCC decides, it only makes sense for property operators to invest in a better connectivity experience for their residents and outsource their IT operations and WiFi to specialized managed service providers. We remain bullish that we are only at the
dawn of this emerging sector.

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 18: MN Broadband Task Force meets with Senator Putnam

Happening tomorrow (April 18)…

Governor’s Broadband Task Force/Senator Putnam

Thursday, April 18, 2024

2:00 p.m. – 2:50 p.m.

Room Number: Minnesota Senate Building, Conference Room 3237

95 University Ave. W. Saint Paul, MN 55155

2:00 p.m.-2:05 p.m.    – Call to order (Chair Bekele)

2:05 p.m.-2:06 p.m. – Welcome and introductions

2:06 p.m.-2:50 p.m.  – Discussion on legislative bills

2:45 p.m.   –  next steps

2: 50 p.m.  – Adjourn

*** Governor’s Broadband Task Force opening meeting rules apply for meetings of a quorum.

MN House drops HF4182: Equal Access to Broadband Act

Minneapolis Star Tribune reports…

Minnesota cities won’t impose fees on internet providers meant to help pay for some government programming and improve broadband access after legislation failed to clear the state House.

The Minnesota House DFL dropped the plan, which sparked heated debate with the telecom industry about whether this would help or hurt broadband efforts, from an omnibus bill earlier this week.

Democrats who control the House initially included the legislation in a package of bills the Commerce Finance and Policy Committee advanced. But DFLers cut the franchise fee policy before passing the bill on the House floor Monday.

But Net Neutrality is still a possibility…

The Commerce omnibus bill includes a policy aimed at implementing in Minnesota a version of federal “net neutrality” rules rescinded under Donald Trump but that federal regulators could reinstate later this month.

Internet filters in schools are keeping kids in the dark

USA Today reports on the dangers of technology policies that lack nuance…

There’s a common complaint among high school students across the country, and it has nothing to do with curfews or allowances: Internet filters are preventing them from doing online research at school. Records obtained by The Markup from districts across the country show just how broadly schools block content, forcing students to jump through hoops to complete assignments and even keeping them from resources that could support their health and safety.

School districts must block obscene or harmful images to qualify for federally-subsidized internet access under the Children’s Internet Protection Act, passed by Congress nearly 25 years ago. But the records, from 16 districts across 11 states, show they go much further. Schools are limiting not only what images students can see, but what words they can read.

Some of the censorship inhibits students’ ability to do basic research on sites like Wikipedia and Quora. Students have also been blocked from visiting websites that web-filtering software categorizes as “education,” “news,” or “informational.” But even more concerning for some students are blocks against sex education, abortion information, and resources for LGBTQ+ teens—including suicide prevention.

Bank ranking and federal funding: FCC won’t use Weiss ratings for one year

Broadband Breakfast follows the reasons and realities behind the FCC’s decision to quit using Weiss ratings for banks’ letters of credit of RDOF, CAF II winners for one year…

 In January, Consolidated Communications notified federal regulators about a financial issue that had cropped up, could do harm to hundreds of broadband Internet Service Providers, and frustrate the effort to deliver high-speed Internet service to rural America.

In a filing with the Federal Communications Commission, Consolidated said the bank from which it had received a letter of credit (LOC) – a requirement under the Rural Digital Opportunity Fund auction rules – was no longer an eligible lending institution.

Although the FCC did not provide data, the agency in the Consolidated filing was evidently looking in broad terms at a problem that involved hundreds of banks that were backstopping millions of dollars pledged to the FCC as protection against auction winners that defaulted or otherwise underperformed in a manner that would trigger payment to the agency.

Under the FCC’s rules, an LOC had to come from a bank with a Weiss rating of at least B-minus. Consolidated’s bank had just dipped to C plus. The FCC’s rules stipulated that an inferior Weiss rating required the suspension of RDOF support until the auction winner found a new bank with a Weiss rating with at least a B minus.

Finding a new LOC provider can take time and involve additional expense. The FCC’s rules said an LOC from a qualified bank had to be equal to the amount of RDOF support in the first year.

Consolidated sought a six-month waiver from the Weiss requirement, which the FCC granted shortly thereafter. Based in Mattoon, Il., Consolidated has about 393,000 broadband subscribers located in more than 20 states.

That’s just the first chapter but it speaks to the intricacies behind every aspect of every question on these federal applications and the frustration of these intricacies.

MN House looks at cutting HF4182: Equal Access to Broadband Act

The Minnesota Reformer reports

The Minnesota House’s Democratic majority is expected to ax a proposal Monday that would have allowed cities to charge broadband providers a fee to place internet lines in their jurisdictions.

If they chose to enact the tax — or “franchise fee” — cities would have been able to charge up to 8% of the provider’s gross revenues. The cities could spend just shy of two-thirds of that on whatever they want, though the bill mentions the costs associated with burying the broadband lines — also known as right-of-way management.

Cities should be allowed to charge a fee because companies are placing the internet lines on public land, and cities incur costs to replace streets or sidewalks after the companies bury the lines, said Rep. Mike Freiberg, DFL-Golden Valley, the bill’s chief author.

Cities could use the remaining revenue — a bit more than one-third of the total — for government media programming, such as live-streaming city council meetings.

The “Equal Access to Broadband Act” also would have allowed cities to negotiate with the broadband companies to ensure equal broadband access within their communities.

The bill (HF4182/SF4262) is included in the House’s commerce omnibus bill, but Democratic-Farmer-Labor lawmakers are expected to cut the provision on the House floor Monday. The Senate has not held a hearing on the bill this session.

Freiberg spoke to the Reformer before his DFL colleagues moved to cut the bill from the commerce omnibus package. He said it would ensure residents get equal internet access in their communities.

“This will actually be a benefit to residents, both whether they’re low-income or high-income, because a lot of low-income parts of cities are not afforded the same level of internet service that there are in wealthier parts,” Freiberg said.

The franchise fee model is similar to city fees on cable companies. Frieberg said with the decline of people using cable, cities are struggling to pay for their public programming like council and school board meetings.

Minnesota would be the first state in the nation with a broadband franchising fee.