Bipartisan Infrastructure Law Guidance for City Leaders
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B R OA D B A N D E X PA N S I O N T H R O U G H MIDDLE MILE INFRASTRUCTURE: Bipartisan Infrastructure Law Guidance for City Leaders B Y L E N A G E R AG H T Y A N D A N G E L I N A PA N E T T I E R I * High-quality, reliable internet is no longer a luxury, but a requirement to fully participate in today’s world. Cities, towns and villages have an important role to play in bridging the digital divide and getting their communities connected to the internet. Middle mile broadband infrastructure is a critical and often-overlooked component of local efforts to close the digital divide, but local leaders have a unique opportunity to leverage new sources of federal funding and increased interest from utilities and cooperatives to get high-bandwidth broadband infrastructure closer to residents and businesses. This brief highlights best practices for planning for middle mile infrastructure and lessons learned from three different middle mile projects from around the United States. * Lena Geraghty, Director, Sustainability and Innovation, National League of Cities Angelina Panettieri, Legislative Director, Information Technology and Communications, National League of Cities
Broadband Expansion Through Middle Mile Infrastructure
The middle mile opportunity
for cities
The COVID-19 pandemic has made clear that access to reliable, high speed
internet is critical to ensure residents’ educational, social and economic
wellbeing.1 However, many households — particularly those in already
disadvantaged neighborhoods — continue to lack reliable, reasonably
priced, world-class wired broadband access in their homes.2 Attempts to
remedy this situation during the pandemic resulted in important temporary
solutions like prepaid mobile hotspots and extended Wi-Fi service at
public institutions like libraries and community centers. But they have not
addressed the underlying lack of open, competitive physical infrastructure
that continues to make broadband internet unavailable to and unaffordable
for many households.3
Public investment in middle mile infrastructure — defined broadly as
any broadband infrastructure that does not connect directly to an end-
user location — is an important step toward solving this problem.* It
can significantly reduce the cost of last mile connections to homes or
businesses and make a clearer business case for private investment in
underserved or unserved neighborhoods. In addition, it gives public entities
additional leverage to ensure access to these networks is competitive. This
competition in turn can help ensure that subscribers receive quality service
at affordable prices.4
Middle mile infrastructure: Any broadband infrastructure that does
not connect directly to an end-user location.
* This is based on the definition provided in the Infrastructure Investment and Jobs Act’s Federal Middle
Mile Grant Program. See H.R. 3684, 117th Cong. § 60401(a)(9). www.congress.gov/bill/117th-congress/
house-bill/3684/text
NATIONAL LEAGUE OF CITIES | 2
Broadband Expansion Through Middle Mile Infrastructure
The Bipartisan Infrastructure Law (BIL), which appropriates $1 billion
in funding for middle mile projects through the Enabling Middle Mile
Broadband Infrastructure Program, makes opportunities to invest in middle
mile infrastructure more salient still.5 This grant program is a competitive
funding opportunity for which cities, towns, villages and their partners are
directly eligible. It is administered by the National Telecommunications and
Information Administration, which will be responsible for determining the
rules for the grant and making award determinations.6
Municipalities considering investments in middle mile broadband
infrastructure have a number of critical decisions to make, ranging from the
type of infrastructure to invest in to who should operate any network once
it is constructed. Although cities need to think deeply about the precise
model that fits their context, this brief provides general lessons from three
diverse municipal broadband projects around the country. It also includes
an overview of key design choices made within each project to illustrate the
breadth of options available and spark creative conversations about which
may be best suited to a given community.
The three projects are:
� South Bay Fiber Network: A true middle mile project connecting
government facilities and closing gaps in backbone segments
with dark fiber
� ChoiceLight: A dark fiber project connecting a broader set of
anchor institutions and subscribers
� UTOPIA: A lit fiber project that incorporates middle mile
elements but is focused on providing fiber-to-the-premises*
* Importantly, the ChoiceLight and UTOPIA models extend beyond the definition of middle mile provided
above. UTOPIA, for example, both builds fiber directly to subscribers’ premises and provides them with
the equipment necessary to access the network. Although proposals for these types of projects would
fall outside the current Enabling Middle Mile Broadband Infrastructure Program scope, investments in
limited middle mile projects today could form the foundation for a broader subscriber-facing model
should a municipality subsequently choose to pursue one. This is based on the definition provided in the
BIL Enabling Middle Mile Broadband Infrastructure Program. See H.R. 3684, 117th Cong. § 60401(a)(9).
NATIONAL LEAGUE OF CITIES | 3
Recommendations
for planning a middle mile
infrastructure project
Regardless of what form a community’s middle mile infrastructure
investment takes, all local governments considering embarking on a middle
mile project should take the following steps to ensure that the community
needs, legal or practical limitations, technical feasibility, stakeholders and
partners, and funding or financing options are clear at the outset.
Survey state and local laws and understand any limits on whether or
how your municipality can invest in broadband infrastructure.
More than a third of states have implemented barriers to municipal
broadband projects.7 Municipalities can preserve resources by ensuring
project proposals comply with state requirements, fortifying them against
any legal challenge.
Reduce costs by mapping existing public assets.
Allocating resources upfront to map existing assets can help municipalities
avoid waste and more accurately identify any necessary investments.
These assets can include access to existing fiber networks, rights of way,
easements, conduit and other infrastructure that a public entity controls.
NATIONAL LEAGUE OF CITIES | 4
Broadband Expansion Through Middle Mile Infrastructure
Map existing unserved and underserved neighborhoods in your
municipality.
The Federal Communications Commission (FCC) broadband maps’ nominal
access metric may not fully capture which neighborhoods are underserved
or unserved.8 Recognizing this, Treasury Department regulations for the
American Rescue Plan Act (ARPA) allow municipalities to perform their
own mapping to understand “real” access based on factors like affordability
and actual adoption rates.9 However, other federal or state funding sources
determine eligibility based on the FCC maps. For this reason, communities
pursuing a middle mile project should verify the actual availability of
broadband infrastructure and access, and participate in the FCC’s map data
challenge process if necessary and feasible.
Consider whether pursuing a regional or public-private partnership
makes sense based on needs and potential economies of scale.
This brief surveyed three regional broadband collaborations. Coordinating
efforts can have several strategic benefits, including ensuring equitable
outcomes across a region, achieving economies of scale (financing,
construction costs, etc.), leveraging existing municipal broadband resources,
and easing permitting and other logistical requirements. Additionally,
partnerships with the private sector can also play an important role
in generating a broad base of political support while sharing the risk
associated with any given project.
Choose which type of infrastructure investment is best for your
municipality’s (or region’s) context.
These options include various “levels” of infrastructure such as conduit, dark
fiber or lit fiber.10 Selection may vary based on feedback about needs from
residents, anchor institutions and other stakeholders; available financial
resources; and input from the private sector on what will spur follow-on
investment. State broadband offices may be helpful partners in this process,
NATIONAL LEAGUE OF CITIES | 5
Broadband Expansion Through Middle Mile Infrastructure
as they are responsible for coordinating and subgranting the majority of
the broadband infrastructure funding provided through the BIL and can
provide expertise and additional information about planned projects nearby,
possible additional partners and funding sources.
Check out NLC’s Digital Equity Playbook to learn more
about different types of infrastructure that can help bridge
the digital divide.
www.nlc.org/resource/digital-equity-playbook-how-city-
leaders-can-bridge-the-digital-divide
Determine how to fund any portion of the investment not covered by
federal or state funding.
Because the Enabling Middle Mile Broadband Infrastructure Program has a
30 percent matching requirement, municipalities have the opportunity to
experiment with a range of funding options.11 Considerations when selecting
a funding model may include a municipality’s financial resources, existing
physical assets, cost of debt, interest from private investors and public
support for the project. A mix of funding options may also be appropriate.
The following is a non-exhaustive set of options:
Allocate funds from general revenues
Bond to support municipally owned infrastructure
Bond to support a co-op or other private entity (e.g., serving as “patient
capital,” subordinating debt to private investors, etc.)
Partner with internet service providers (ISPs)
Provide in-kind support (e.g., waived franchising and permitting fees, free
use of municipal fiber, etc.)
Collect pre-paid subscription revenues from anchor institutions
NATIONAL LEAGUE OF CITIES | 6
Broadband Expansion Through Middle Mile Infrastructure
Create a business plan to make the investment sustainable over the
long term.
Municipalities can achieve sustainability in a variety of ways, including
collecting subscription revenues directly from subscribers, leasing the network
to a private network operator or providing a network operator with free use of
the network in exchange for ongoing maintenance commitments. This choice
may depend on municipalities’ assessment of their own competencies and
the availability of reliable private partners, among other factors. In designing
sustainability strategies, municipalities may wish to consider how they will deal
with construction, operational and market risk.12 In evaluating sustainability,
cities should analyze infrastructure investments over their entire useful lives
and should not view them as quick routes to high returns. Cities may need
to subsidize projects (i.e., bear some losses) in the early years while building
subscriber bases and achieving economies of scale.
Check out broadbandusa.ntia.doc.gov to learn more. In
particular, consider Implementing a Broadband Network
Vision, The Power of Broadband Partnership, and Planning
a Community Broadband Roadmap.
For more detailed technical assistance on these and other topics, consult the
various resources compiled by BroadbandUSA, a program of the National
Telecommunications and Information Administration that serves state, local,
and tribal governments as well as industry and nonprofits seeking to expand
broadband connectivity and promote digital inclusion.
Lessons from three fiber projects:
South Bay Fiber Network,
ChoiceLight and UTOPIA
Existing middle mile broadband investments take many forms. By examining
the approaches, models, and lessons learned from completed or ongoing
projects, communities new to the broadband infrastructure space can
avoid costly mistakes and ensure the most efficient investment of public
resources. The following section includes four key lessons from these three
fiber projects.
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Take care when selecting vendors and other partners.
Carefully select consultants and technical partners based on qualifications
and experience relevant to your specific project. BroadbandUSA has many
resources that provide some guidance regarding the partner selection
and RFP processes. If a city is new to broadband and considering working
with a consultant, the detailed description of project phases from planning
to implementation in these resources may also provide a helpful starting
point. Consultants will ideally demonstrate knowledge and experience with
the different issues they raise.
Choose the individual vendors that are best equipped to meet a specific
requirement. Although bundling — purchasing multiple services from the
same vendor — may appear attractive, consider the impact it might have
on future contracting flexibility and operational risk mitigation.
Vet ISPs who wish to operate or join the network to ensure they can
meet minimum service level requirements. Consider working with local
ISPs that know your residents’ needs.
Work with knowledgeable engineers and contractors versed in both
industry trends and your local context.
Talk to other municipalities that have undertaken broadband projects for
references and technical assistance.
BROADBAND SPOTLIGHT
UTOPIA
In UTOPIA’s earlier phases, its decision to partner with certain ISPs that failed to meet service
level expectations affected its ability to attract and retain subscribers. In response, UTOPIA
now carefully vets new ISPs before allowing them to offer service on the network, and unhappy
subscribers are able to switch providers on the same day through a simple online transaction.
UTOPIA’s ability to maintain a highly competitive environment for reliable ISPs is now one of
the keys to its success. UTOPIA applies a similar approach to its procurement process, matching
vendors to their strengths rather than looking for a one-stop shop for solutions.
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Start small and scale with experience.
If your municipality is new to broadband projects, start with strategic,
incremental deployment of the network (e.g., connecting anchor
institutions) and then plan for future growth.
Start investing in middle mile infrastructure today by capturing quick
wins and building incrementally and opportunistically. For example,
municipalities can implement dig once policies (i.e., installing conduit
or fiber whenever work is performed along any right of way), building
entrance requirements, and requirements for common meet-me points
of presence in multi-dwelling units to allow for competition from multiple
ISPs. There are many examples of sample policies targeted at lowering
costs and incentivizing broadband development.13
Start investing now with all available resources. Relying on highly
competitive grant programs for funding is risky.
As an infrastructure solution expands, prepare for increased
maintenance and operating costs, and expect some costs to increase
disproportionately with size. For example, operating a larger network
makes it more likely that unrelated construction project will require the
relocation of fiber at some point.
BROADBAND SPOTLIGHT
South Bay Fiber Network and ChoiceLight
The South Bay Fiber Network is following a phased approach, beginning with connections to key
municipal and public facilities and then identifying private sector partners to scale to businesses and
residential subscribers. Similarly, ChoiceLight began by connecting several large anchor institutions
and continues to scale based on demand from new subscribers. ChoiceLight continues to monitor its
financials carefully to ensure it always proactively accounts for expected maintenance and servicing
costs when it chooses to expand.
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Build consensus early to secure long-term sustainability.
Consider the state political and legal context and anticipate potential
interference. This may require proactively engaging with ISPs or
other stakeholders to ensure that lobbying at the state level does not
undermine local efforts. Consider engaging early and often with your
state municipal league or state broadband office.
Turnover in city leadership often proves a project’s greatest risk. Project
sponsors can mitigate this by building political will and buy-in across
departments — mayor’s or city manager’s offices, planning, public works,
etc. — and convincing leaders that broadband is the fourth utility rather
than a political hot potato.
BROADBAND SPOTLIGHT
South Bay Fiber Network
Before breaking ground on the South Bay Fiber Network, the South Bay Cities Council of
Governments partnered with the South Bay Workforce Investment Board to fund a study of the
region’s broadband needs and opportunities.14 This study established the case for investing in
the network — from savings to local governments to regional economic development — and
made it clear that stakeholders across the region would benefit from the project. Throughout
the remaining phases of the project coordinated by the South Bay Cities COG, this meaningful
engagement continued not just between municipalities’ top leadership but also with their various
departments and other offices.
NATIONAL LEAGUE OF CITIES | 11Broadband Expansion Through Middle Mile Infrastructure
Ensure the investment will generate value for subscribers.
Establish collocated interconnection points from which subscribers can
access a wide array of services (e.g., internet, voice, video, data centers,
etc.) to ensure that they find the network useful.
Avoid an “if you build it, they will come” approach. Think through who
will manage the network, who the ISP will be, whether you can price
competitively and whether there is actually demand for this service in the
community.
Depending on organizational competencies, consider taking more
responsibility for marketing and customer service to “own the subscriber”
rather than delegating that role entirely to a third party. Assuming a primary
marketing role and ultimate responsibility for customer satisfaction may
help build public support for future expansion.
BROADBAND SPOTLIGHT
ChoiceLight and UTOPIA
ChoiceLight took advantage of the nearby Union Station carrier hotel — a data center where
equipment, space and bandwidth are available for rental to retail customers that contains one of
the largest concentrations of national and regional long-haul fiber — to connect its subscribers
with a rich set of service providers. This has led to a virtuous cycle in which more providers have
flocked to Union Station because of the increased number of subscribers, which in turn attracts
more subscribers to the network.
UTOPIA engages in extensive marketing efforts and maintains ultimate responsibility for
subscriber satisfaction even though ISPs bear principal responsibility for customer service-
related functions. This, coupled with a network design that enables same-day selection of a new
ISP, has led to increased retention among subscribers who know they can rely on the network
itself even if they are unhappy with an individual ISP. Additionally, having an independent brand
presence has helped UTOPIA retain customers and grow its services.
NATIONAL LEAGUE OF CITIES | 12How South Bay Fiber Network
in California is investing in
middle mile broadband
“True” middle mile infrastructure designed to spur private sector
interest and investment in network operation and expansion.
The South Bay Fiber Network (SBFN) is a dark fiber network connecting
15 municipalities in the South Bay region of southern California. The South
Bay Cities Council of Governments (COG) undertook the project to boost
the region’s economic competitiveness and improve the quality of public
broadband connections while lowering expenses.
Completed in fall 2020, Phase 1 of the project currently connects only
municipal and other public facilities. The project leased existing fiber
where available (approximately 70 percent of the route) and installed new
fiber lines to provide lateral connections to the backbone of the network.
This new fiber is owned by the COG, but the network is managed by
the selected network operator Race Communications. The network was
designed and constructed by HP Communications.
Phases 2 and 3 anticipate connecting businesses and residential subscribers
respectively, funded by private rather than public investment.
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South Bay Fiber Network in California
LEGAL STRUCTURE
The SBFN was planned, organized and executed by the South Bay Cities
COG. The COG had the necessary legal authority to contract services, raise
funding and oversee execution of the project.
FUNDING SOURCES
Initial studies. Initial consulting and planning funded by the South Bay
Cities COG and South Bay Workforce Investment Board.
CAPEX. The COG bonded for $8.1 million through a voter-approved
transportation ballot measure for network design and construction. There
is no express mechanism for the COG to directly recover this expense.
However, it expects to benefit from savings on municipal broadband
expenses and increased tax revenues resulting from business relocation and
growth. Additionally, the COG may receive a one-time “finder’s fee” for each
new subscriber the COG helps connect in phases 2 and 3.
OPEX. Operating expenses are covered entirely by Race Communications,
the third party selected to operate the network. In return, Race
Communications keeps all revenues it generates from network operations.
OUTCOMES
SBFN is the most recently completed network of the three explored in this
brief, yet it has already connected an additional 14 municipal and public
agency sites (for a total of 36) in the past year. Municipalities now have
access to 1/1 Gbps connections for half the cost of commercial rates, and
several are already designing new applications built around the network,
such as Manhattan Beach’s proposed advanced traffic system. The project
is now entering phase 2, in which it will begin to connect large businesses to
the network.15
NATIONAL LEAGUE OF CITIES | 14How ChoiceLight in Indiana
is investing in middle mile
broadband
Subscriber-funded dark fiber designed for anchor institutions
and third-party service providers with an emphasis on preserving
subscriber choice.
ChoiceLight was founded in 2004 as a collaboration between local
governments and several large anchor institutions in the South Bend, IN,
area in response to a study on the region’s economic development outlook.
As its name implies, it leaves lighting the circuits at any bandwidth entirely
up to its subscribers, who contract directly with third party providers
for specific services and the electronics necessary to access them.
ChoiceLight’s network connects subscribers to Union Station Technology
Center and Data Realty Northern Indiana, both large carrier hotels, which
makes contracting for these services relatively straightforward. ChoiceLight
owns its fiber with few exceptions and also has sole responsibility for
maintaining it. ChoiceLight focuses on small, medium and large subscribers,
although last mile connections to small and medium businesses and
residential areas are provided by local service providers who lease access to
the network on behalf of their aggregate client base.
Carrier hotel: Building that houses networks and cloud services where
enterprises can lease space and collocate to optimize operations.
NATIONAL LEAGUE OF CITIES | 15Broadband Expansion Through Middle Mile Infrastructure
ChoiceLight in Indiana
LEGAL STRUCTURE
ChoiceLight is organized as a 501(c)(3) that serves governments and
tax-supported entities, such as schools, with a wholly-owned, for-profit
subsidiary that serves all other institutions. Profits from the subsidiary flow
to the 501(c)(3) and are used to fulfill the organization’s public service
mission. Both organizations have the same board, which consists of
representatives from the founding subscribers, local governments and other
select stakeholders
FUNDING SOURCES
CAPEX. Seven founding subscribers prepaid ten years of subscription fees
to fund construction of the initial 30-50 miles of network (approximately
$1.9 million) and two years of operational expenses (approximately
$400,000). South Bend, Mishawaka and St. Joseph County also contributed
access to conduit — significantly lowering the cost to build the network — in
exchange for dedicated fiber lines for municipal use. Incremental expansion
of the network is funded primarily through surpluses of subscription
revenues.
OPEX. Subscription revenues are sufficient to cover operational expenses
(approximately $2.5 million in 2020). ChoiceLight’s fee structure is unique
in that fees are assessed based on each subscriber’s number of circuits and
drops rather than a fixed metric like distance.
OUTCOME
In 2021, ChoiceLight had 250 miles of fiber and served 300+ subscribers,
including local service providers that connect smaller end users to the
network. Within the last two years, two of these local service providers
have branched into residential service, further expanding the reach of the
network and who benefits from it. The network continues to grow and
anticipates partnering with additional local governments to pursue BIL
funding to expand into smaller communities.16
NATIONAL LEAGUE OF CITIES | 16How UTOPIA in Utah is investing
in middle mile broadband
Customer-centric fiber-to-the-premises network with near-perfect
competition among ISPs.
UTOPIA was founded in the early 2000s by 11 Utah cities after incumbent
ISPs failed to respond to requests to upgrade existing networks. Unlike
many other municipal projects, UTOPIA owns both the fiber and the
electronics required to light the network but does not directly provide
services to its non-governmental subscribers. Instead, ISPs purchase
bandwidth from UTOPIA and compete with each other for subscribers
based on price and customer service. UTOPIA’s model attracts ISPs to
the network by handling capital expenditures, the logistics and cost of
operating the network, and providing a large potential subscriber base. As a
carrier-class activity network, UTOPIA sells a full range of services alongside
its fiber-to-the-premises service, including middle mile access for other
carriers.
Because subscription revenues fund its operational expenses, UTOPIA is
heavily involved in marketing the network and takes ultimate responsibility
for the subscriber experience. This leads to higher take rates, the portion of
passed households that actually subscribe, and better customer retention.
NATIONAL LEAGUE OF CITIES | 17Broadband Expansion Through Middle Mile Infrastructure
UTOPIA in Utah
LEGAL STRUCTURE
UTOPIA is organized as an interlocal agency formed by its 11 founding
members. It is also the umbrella organization under which the Utah
Infrastructure Agency — another interlocal agency created by several
founding members and other municipalities to enable expansion — does
business.
FUNDING SOURCES
CAPEX. Founding members bonded for $185 million to fund the initial
network, using sales tax revenue as collateral. Subsequent rounds of
bonding for $330 million similarly collateralized with sales tax revenue
funded the expansion of the network to other municipalities. Subscribers
pay a $30 monthly fee directly to UTOPIA for the physical infrastructure,
which now fully covers the debt service on all projects begun since 2009.
OPEX. Funding for operations is derived from leasing fees paid by ISPs
that operate on the network. These fees are paid based on a percentage
of subscriber revenues. Because UTOPIA bears the operational risk for the
network, it usually collects a large share of these revenues.
OUTCOME
As of February 2021, UTOPIA provided fiber-to-the-home in 15 cities and
business services in 50 communities. It is available to 130,000 homes and
businesses. Fourteen ISPs offer competitive services on its network. It is the
largest publicly owned, open access network in the United States and the
highest-rated internet option in Utah. As a result of its expertise in running
publicly owned, open access networks, UTOPIA has also entered into
operational agreements with other municipal fiber networks in Idaho Falls,
ID, and Bozeman, MT.17
NATIONAL LEAGUE OF CITIES | 18Broadband Expansion Through Middle Mile Infrastructure
Conclusion
Middle mile broadband infrastructure is a critical and often-overlooked
component of local efforts to close the digital divide. Cities, towns and
villages have a unique opportunity to leverage new sources of federal
funding and increased interest from utilities and cooperatives to get high-
bandwidth broadband infrastructure closer to residents and businesses,
sharply decreasing the cost of providing last-mile service. Although
such a project may seem daunting, with the right strategy, partners and
funding stack, communities of all sizes can help secure a brighter, more
economically vital future for residents.
NATIONAL LEAGUE OF CITIES | 19Broadband Expansion Through Middle Mile Infrastructure
Acknowledgements
Sankalp Gowda, Harvard Law School Cyberlaw Clinic student, and Professor Susan Crawford for
their research and contributions to this report.
Kimberly McKinley, Chief Marketing Officer, UTOPIA; Mary Jan Hedman, Chief Executive Officer,
ChoiceLight; and Jory Wolf, Vice President of Digital Innovation, Magellan Advisors for sharing
their insight and experiences with broadband infrastructure investment.
Endnotes
1 Tomer, A., Fishbane, L., Siefer, A., & Callahan. (2020, February). Digital prosperity: How
broadband can deliver health and equity to all communities. The Brookings Institution. www.
brookings.edu/wp-content/uploads/2020/02/20200227_BrookingsMetro_Digital-Prosperity-
Report-final.pdf
2 Tomer, A., Kneebone, E., & Shivaram, R. (2017, September 12). Signs of digital stress: mapping
broadband availability and subscription in American neighborhoods. The Brookings Institution.
www.brookings.edu/research/signs-of-digital-distress-mapping-broadband-availability
3 Cleveland Foundation. (2021, January 15). Connecting Greater Cleveland: an update on
our efforts to build a stronger, more equitable and resilient digital community. www.
clevelandfoundation.org/2021/01/connecting-greater-cleveland-an-update-on-our-efforts-to-
build-a-stronger-more-equitable-and-resilient-digital-community
4 Arnold, J., & Sallet, J. (2020, December 1). Open-access, middle-mile networks: deployment and
competition. Benton Institute for Broadband & Society. www.benton.org/blog/open-access-
middle-mile-networks-deployment-and-competition
5 Infrastructure Investment and Jobs Act, H.R. 3684, 117th Cong. § 60401(h). (2021). www.
congress.gov/bill/117th-congress/house-bill/3684/text
6 BroadbandUSA. (n.d.). Enabling Middle Mile Broadband Infrastructure Program. National
Telecommunications and Information Administration. broadbandusa.ntia.doc.gov/resources/
grant-programs/enabling-middle-mile-broadband-infrastructure-program
7 Policy Surveillance Program. (2021, November 1). State preemption laws. Temple University
Beasley School of Law. www.lawatlas.org/datasets/preemption-project
8 Tibken, S. (2021, February 19). Millions of Americans can’t get broadband because of a faulty FCC
map. There’s a fix. CNET. www.cnet.com/features/millions-of-americans-cant-get-broadband-
because-of-a-faulty-fcc-map-theres-a-fix
9 U.S. Department of Treasury. (2022, January). Coronavirus State and Local Fiscal Recovery
Funds Frequently Asked Questions. home.treasury.gov/system/files/136/SLFRPFAQ.pdf
NATIONAL LEAGUE OF CITIES | 20Broadband Expansion Through Middle Mile Infrastructure
10 Geraghty, L., Panettieri, A., Pine, J., & Volz, L. (2021, December). Digital equity playbook: How
city leaders can bridge the digital divide. National League of Cities. www.nlc.org/resource/
digital-equity-playbook-how-city-leaders-can-bridge-the-digital-divide
11 Infrastructure Investment and Jobs Act, H.R. 3684, 117th Cong. § 60401(f). (2021).
www.congress.gov/bill/117th-congress/house-bill/3684/text
12 Hovis, J., Baller, J., Talbot, D., & Blake, C. (2020, October). Public infrastructure/Private service:
a shared-risk partnership model for 21st century broadband infrastructure. Benton Institute for
Broadband & Society. www.benton.org/sites/default/files/PPP3_final.pdf
13 Division of Broadband and Digital Equoty. (n.d.) Policy & broadband. North Carolina
Department of Information Technology. www.ncbroadband.gov/technical-assistance/playbook/
policy-broadband
Kinkoph, D., Rice, J., Duane, J., & Williams, D. (2017, August). Implementing a broadband network
vision: A toolkit for local and tribal governments. BroadbandUSA. broadbandusa.ntia.doc.gov/
sites/default/files/publication-pdfs/bbusa_implementing_broadband_network_vision.pdf
14 Magellan Advisors. (2017, May). South Bay Cities, California: fiber optic master plan. South Bay
Cities Council of Governments. southbaycities.org/wp-content/uploads/2021/10/6.06-The-
South-Bay-Fiber-Optic-Master-Plan_compressed.pdf
15 Magellan Advisors. (2017, May). South Bay Cities, California: fiber optic master plan. South Bay
Cities Council of Governments. southbaycities.org/wp-content/uploads/2021/10/6.06-The-
South-Bay-Fiber-Optic-Master-Plan_compressed.pdf
South Bay Cities Council of Governments. (2020, November 17). South Bay Cities Council
of Government’s completion of highspeed internet infrastructure to help usher city facilities
through COVID-19 challenges; southbaycities.org/sites/default/files/news/SBFN%20Launch%20
Press%20Release_Completion%20Announcement_FINAL.pdf
South Bay Cities Council of Governments. (2021, July). Thirty-six South Bay sites now connected
to the South Bay Fiber Network. Connect Newsletter. southbaycities.org/sites/default/files/
CONNECT_July%202021%20Issue%20(1).pdf
Interview with Jory Wolf, Vice President of Digital Innovation, Magellan Advisors (October 28,
2021).
16 ChoiceLight. (n.d.). History. www.choicelight.org/history
ChoiceLight. (n.d.). FAQs. www.choicelight.org/faqs
Interview with Mary Jan Hedman, Chief Executive Officer, ChoiceLight (October 20, 2021).
17 Hovis, J., Baller, J., Talbot, D., & Blake, C. (2020, October). Public infrastructure/Private service:
a shared-risk partnership model for 21st century broadband infrastructure. Benton Institute for
Broadband & Society.
www.benton.org/sites/default/files/PPP3_final.pdf
UTOPIA Fiber. (2021, February 18). UTOPIA fiber announces completion of $52.5 million funding
round. www.utopiafiber.com/2021/02/18/utopia-fiber-announces-completion-of-52-5-million-
funding-round
Interview with Kimberly McKinley, Chief Marketing Officer, UTOPIA (September 27, 2021).
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