Don't Miss Out on Broadband Cash: CTO to DC Council

The District of Columbia Council must be careful not to complicate efforts to access federal broadband funding as it develops internet equity bill B24-200, said D.C. Chief Technology Officer Lindsey Parker at a virtual hearing Wednesday. The Office of the Chief Technology Officer is exploring municipal broadband, including possibly becoming a middle-mile provider that would work with small local last-mile providers, she told a Government Operations and Facilities Committee hearing.

The bill, supported by 10 council members, would create a Digital Equity Division within OCTO and ask the division to set minimum broadband speed goals, survey the District and develop a long-term plan (see 2104060063). “I know that OCTO has done work in this area, but we need to move with much more urgency,” said sponsor Councilmember Charles Allen (D).

“We have a very opportune moment to use federal funds to address this divide,” cautioned Parker. “I don't think we're going to see this again.” With infrastructure funding likely to include specific requirements, the CTO “wouldn't want any new laws to get in the way” of accessing those resources. The city doesn’t “have an infrastructure problem as much as an adoption challenge,” with affordability and relevance the biggest barriers, she said.

Parker is checking if the District can use DC-Net, an existing 800-mile fiber network, to reach residential users, she said. “We have this network” that other cities “are very jealous of,” but it’s only used to connect government agencies and D.C.-focused nonprofits. She's asking her team and private sector partners “whether or not it makes sense for us to provide residential service and/or be that middle mile provider.” If the latter, “is there space for small businesses in Washington, D.C., to be the last provider of that last few feet?” That could create a “new industry” of ISPs in Washington, she said.

Committee Chair Robert White (D) said he wants to explore whether the D.C. government could pay for internet services at a “bulk purchase rate” and provide service to residents at a lower price. Parker said the city is buying service and making it free to students with its Internet for All program. White, who's running for mayor, asked if that could be expanded to all types of residents, perhaps with different income-based, subsidized rates. “We theoretically could get a much better deal than all these individual households,” the chair said. Parker replied, “You would think so,” but the city now pays market rate, she said.

Councilmember Brooke Pinto (D) asked digital equity advocates about municipal broadband and if the community would want to use it given distrust in government. Public broadband elsewhere is fast and forces private providers to “up their game,” said Kent Withycombe, education project director for the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. Outreach from a trusted organization would be important to overcoming community hesitation to use a government service, said Grace Hu, Digital Equity in D.C. Education parent co-leader. She noted people distrust Comcast, too.

The internet equity bill “would not impose any direct obligation” on ISPs, Allen clarified earlier in the hearing. “Federal regulations are going to preempt the District’s ability to regulate many areas of telecommunications, but this recommended internet speed would be simply a publicly known baseline for what we as a district government need to provide our residents. ... While we can’t regulate ISPs, we can certainly set out a goal for what our own programs will do.”

Allen said he expected opponents to argue that FCC regulations preempt D.C. from setting speeds. Hu urged the panel to reject Comcast's seeking to “water down and delete parts” of the bill. The council shouldn’t “take the word” of ISPs about appropriate speeds, said Skyland Workforce Center Director Annemarie Bairstow. Advisory Neighborhood Commission 4B02 Commissioner Erin Palmer warned the committee not to rely on companies that she said care most about profits.

No ISP testified. A Comcast representative signed up to speak but then chose to submit only written testimony, emailed committee director Shawn Hilgendorf. The committee's hearing notice invited oral or written testimony from everyone, he said. Verizon hasn’t commented on the bill, a spokesperson said.

D.C. lacks authority to make internet speed requirements because broadband is interstate and an information service, Comcast Senior Director-Government and Regulatory Affairs Stacy Burnette wrote to the committee Wednesday. "To avoid a pre-emption challenge, Comcast recommends the District add language to its speed requirement references in the bill that clearly state that the District’s internet speed requirement shall be in accordance with the FCC’s definition of broadband." Comcast objected to references to public broadband for residents, noting "multiple ISPs currently provide service in the City."

"While Comcast’s broadband services are available and accessible throughout Washington, DC, we are aware that some District residents have not adopted broadband at home for a number of reasons, including lack of digital skills, lack of a computer, or their inability to afford the service," emailed a Comcast spokesperson, noting the company signed up about 100,000 D.C. residents for its low-income program Internet Essentials since 2011: "Comcast supports the underlying goals of the legislation so that our collective collaborative efforts address the major barriers to broadband adoption."