It would ensure fast Internet service for residents
By Dave Fidlin
A new utility – one that focuses on new technology – could eventually come to Whitewater alongside special entities such as the city’s water service.
The city’s Community Development Authority (CDA) recently hosted a special public information meeting that explored the prospect of creating a broadband utility. If enacted, the city would have greater control over the types of high-speed digital communications that residents receive.
City officials point out planning is already underway to ensure Whitewater has adequate broadband connections throughout the community’s municipal borders.
During the meeting, held June 24, City Manager Cameron Clapper said recent and all future road construction projects will include installing the necessary infrastructure to ensure Whitewater is adequately wired to accommodate broadband service.
“It’s a pretty inexpensive process,” added Patrick Cannon, director of the CDA.
As a first step in the exploratory process, city officials met with an expert in creating broadband utilities: Anita Gallucci of Madison-based law firm Boardman and Clark.
Broadband utilities are certified entities by the state Public Service Commission, Gallucci said, but the designation did not come without a fight. Several organizations, including those advocating on behalf of the telecommunications and cable industries, attempted to block the creation of broadband utilities.
“But we finally prevailed,” Gallucci said, pointing to a 2001 ruling. “Municipalities can now go into the broadband utility business, should they choose to do so.”
Broadband is a rather broad-based term, as outlined in regulations set forth by the Federal Communications Commission (FCC). It can apply to communications sent through phone, wireless or cable providers.
“It’s about gaining fast access to the Internet,” Gallucci said. “Basically, it’s anything faster than dial-up. It doesn’t speak to any one technology.”
Wisconsin does not have any statutes on its books with a narrower definition of what constitutes broadband.
A handful of communities within the state have created broadband utilities. The pioneers, Gallucci said, were the cities of Reedsburg and Sun Prairie, and both were victorious in the early legal battles.
During her discussion with city officials, Gallucci frequently pointed to a so-called Home Rule Authority that essentially means a municipality can do as it pleases when federal and state regulations do not have specific language prohibiting such an occurrence from taking place.
The state has specific guidelines in place for some utilities – including electrical providers such as We Energies and water utilities such as the local one in place in Whitewater. But no such regulatory requirements exist for broadband providers.
During her hour-long presentation, Gallucci outlined some of the possible steps the city could take, including the feasibility of acting as a wholesaler of broadband services. If enacted, the city itself would be tasked with building the infrastructure and private companies would provide the fiber optics to deliver the service.
Clapper said there is not a firm timeline in place for the possible creation of a broadband utility. But further discussion is anticipated at future CDA and Common Council meetings.
