To: Honorable Mayor and Members of Town Council
From: Kristin Read, Assistant Town Manager
Title
Discussion/Direction: Potential Broadband-Related Ballot Question
Body
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Executive Summary
The Colorado General Assembly in 2005 passed Senate Bill 152, of which the general effect was to prohibit local governments from investing in telecommunications infrastructure that can be used to provide service to end users without voters’ approval. Since that law was passed, more than 100 Colorado municipalities’ voters have opted their communities out of the legislation - including the Town of Parker in 2019 - according to the Colorado Municipal League.
Douglas County recently approached the Town to let staff know that they - and the City of Castle Pines - are likely to have SB 152 “opt out” questions on this November’s ballot, so that they can compete for Federal and State funding that will be available for broadband initiatives in the near term. The County questioned whether the Town would also be interested in considering a ballot question for the same reason. Staff at the City of Lone Tree said they are also considering the issue.
It is not the County’s intention - nor would it be the Town’s - to directly provide the community with broadband (fiber internet) services like some jurisdictions including Longmont have done. Rather, the intention would be to be able to serve as a conduit for getting grant monies to private providers so they can improve broadband services within Castle Rock. If the Town does not obtain voters’ approval to opt out of SB 152, the Town would not have that opportunity. However, that does not preclude private providers from making investments to improve broadband access within Castle Rock.
Staff does not see major advantages to an opt-out election at this time but would like to present information on this issue so Council can discuss it and direct staff on next steps. Should Council desire a question on this November’s ballot, ballot language would need to be approved at Council’s July meetings.
Discussion
Historic amounts of broadband grant funding will be available in upcoming years. This includes a new State fund, funding through the State’s Broadband Deployment Board and funding through the Department of Local Affairs, per the Colorado Broadband Office. Staff to date has not researched all of the available grant programs, but Douglas County’s staff has put together a timeline of key opportunities - see Attachment A.
Douglas County last year hired a consultant to study broadband issues within its jurisdiction. The report resulting from that study is attached (Attachment B). Within the Castle Rock’s three Zip Codes, the study found the following with regard to available residential internet service:
80104: 99.9%/97.8% coverage for high-speed service via CenturyLink/Comcast
80108: 99%/96.4% coverage for high-speed service via CenturyLink/Comcast
80109: 97.3%/93/1% coverage for high-speed service via CenturyLink/Comcast
High-speed internet availability was found to be similarly available for business customers in these areas:
80104: 55.2%/100%/31.4% coverage for high-speed service via Comcast/MHO/CenturyLink
80108: 79.4%/100%/49.3% coverage for high-speed service via Comcast/MHO/CenturyLink
80109: 57.4%/100%/64% coverage for high-speed service via Comcast/MHO/CenturyLink
The study indicates suburban areas like Castle Rock are generally well served with broadband. It’s important to note that the study did not assess the adequacy of cellular signals, for which there are known areas of poorer coverage within Castle Rock. That is an issue apart from this discussion. The Colorado Broadband Map - accessible at gis.colorado.gov/BroadbandViewer - can provide an overview of the areas within Castle Rock that could benefit from better broadband coverage.
The Town and County Attorney’s Offices share the opinion that jurisdictions bound by Senate Bill 152 cannot receive broadband grants to use for projects benefitting the public. The County Commissioners are likely to place a question to exempt the County from the bill’s provisions on this November’s ballot - their draft resolution is attached (Attachment C). The City of Castle Pines is also preparing potential ballot language on this issue for this November. With two other area jurisdictions undertaking public education on this issue this fall, now could be a good time for Town Council to entertain a ballot question, should Council see this as an appropriate issue for the Town to pursue. Staff encourages Council to discuss this issue and provide direction on any next steps forward.
Staff does not see major advantages to an opt-out election at this time. Staff recommends that Council discuss this issue and provide direction regarding any desired additional work on this item.
Attachments
Attachment A: 2022-2026 Broadband Funding Milestones from Douglas County Staff
Attachment B: Douglas County Broadband Service Study Phase 1 Report by HRGreen
Attachment C: Draft Douglas County Ballot Question Resolution