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Summary of Staff Response to BMI#16

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Last Thursday, Loudoun County Staff published their response to BMI#16. Staff’s response is 23 pages of dense text that is filled with tons of helpful information. It’s a lot to consume, though, so we’ve done our best to summarize it in a way that you can consume quickly.

Look for deeper analysis over the coming days, and join us at the Board of Supervisors meeting on Tuesday night to advocate for expansion of broadband Internet access in Loudoun County. You can sign up to speak, too. See the sign-up information on the Board of Supervisor’s web site.

Key Issue #1: Implement the recommendations in the Critical Communications Infrastructure Improvement Plan to decrease processing times and cost for critical communications infrastructure including fast track of monopole applications and eliminate/reduce associated application SPEX fees.

Current Processing Time: The longest part of review of the application process is the approval of a Commision Permit (CMPT) and Special Exemption (SPEX).

Current Application Fees: SPEX fees increase based on the square footage of disturbed land and the extent of the required review when sensitive environmental features fall anywhere on the parcel associated with the submitted application (ie. floodplain overlay district, limestone overlay district, wetland, steep slope, mountainside overlay district).  The current fee calculations are shown in the report which states “current policy is to apply the highest legislative application fee to concurrent applications rather than an aggregate fee.” 

Staff Recommendations to Decrease Processing Times & Reduce Fees:  

  1. Waive PRAP (Pre-Application / Pre-submission) process.  PRAP process offers a review to identify potential issues with the application prior to submission and eliminating this step could reduce overall application processing time by up to 30 days.
  2. Reduce current CMPT/SPEX fees by eliminating the SPEX fee (ranging from $5,955 to $15,750) and  only charging the standard fixed CMPT fee of $6,990 for new telecom in underserved or priority areas that require CMPT/SPEX approval.
  3. Eliminate CMPT and SPEX requirement 
    1. Allow facilities by right without approval of a SPEX if the applications are associated with telecom facilities to service public buildings.
    2. Amend requirements in Zoning Ordinance to remove the SPEX approval for new certain towers as long as they meet specific land use criteria which could be identified in a ZOAM process (height, screening, appearance, etc..).  The BOS would have to approve a ZOAM process which is currently already being considered in the Zoning Ordinance Rewrite.   
    3. Implement a Comprehensive Plan Amendment (CPAM) to exempt “by-right” towers from the CMPT requirement if the BOS adopts a ZOAM discussed in previous item b.  The plan would require a map showing desired towers locations relative to underserved areas, public facilities (current and future) along with narrative with any zoning ordinance criteria to be met.  “This approach would reduce the ability of the Commission Board, and public to review, comment, and decide which facilities should be established.”  It is also being stated that this is consistent with the County’s Broadband Strategic Plan to attract broadband investment in the County.
  4. Establish a Telecommunications Application Ombudsman to be a point of contact and assist in telecom applications.  
  5. Establish Telecommunications Assistance Meetings between applicants, Planning & Zoning and Building & Development to assist telecom applicants in the requirements associated with their applications.  

Key Issue #2: Expedite provisions of the Dark Fiber Wide Area Network in partnership with Segra (approved in December 2019) to attract and contract with potential Internet Service Providers willing to lease middle mile fiber access for the expansion of broadband to rural residences and businesses.

Background: The Dark Fiber WAN contract awarded to Segra in December 2019 did not include five (5) of the County’s Western Loudoun sites; Bluemont Community Center , Philomont Community Center, Philomont Fire & Rescue, Loudoun Heights Fire & Rescue and Loudoun Heights Public Safety Radio Tower.  The reason the contract excluded these sites is because they were not on fiber routes Segra was already contracted to build for LCPS to connect schools.  The fiber build-out for these five (5) excluded county facilities was moved to the FY 2021-2026 Capital Improvement Program as a final phase to complete the fiber build-out project.  Segra is on schedule to complete its current contract (which excludes the 5 remote sites) by March 2021.  This scope was to connect county owned facilities and schools identified in the awarded contract.

Staff Recommendation:  According to Staff, there is no need to expedite provisions to build the county network as the fiber portion is already complete and the final stages to connect the facilities are on schedule again to be completed by March 2021.  Fiber is already in place and readily available to private carriers to use.  However, there could be benefit to move up build-out to the county’s last five (5) remote sites which is discussed in Key Issue #4.

Key Issue #3:  Staff was directed to create an active tracking document of telecommunications projects, completed, in progress and future by overlaying the 2014 Wireless Gap Analysis with the Dark Fiber WAN.  

Staff Action: This was completed along with adding additional useful information to help explain the overall picture of broadband connectivity in Loudoun County along with identifying locations which are unserved or underserved.  This tracking document is being referred to as The Story Map Telecommunications Projects of Loudoun County.  The Story Map includes items in the 2014 Wireless Gap Analysis, Permitted Commercial Tower Development Areas (PCTDAs), existing telecommunications facilities, dark fiber, major broadband service providers (Verizon and Comcast maps) and generalized unserved areas as identified by the County’s LEx system from data collected by residents.

Key Issue #4: Staff was directed to identify funding to complete buildout of fiber network to Bluemont Community Center, Philmont Community Center, Philmont Fire and Rescue, Loudoun Heights Fire and Rescue and Loudoun Height Public Safety Radio Tower ($4.8 Million) as outlined in Item 19c Contract – Dark Fiber Wide Area Network (mentioned in key issue #2).

Staff Recommendation: Due to the cost and complexity of this project, Staff is recommending the BOS approve a $4.5 million budget in FY2022 and hire a consultant to issue a formal RFP (Request for Proposal) to solicit bids for the expansion project should the BOS want to proceed.         

Key Issue #5: Identify additional solutions to deploy critical broadband to underserved areas of Loudoun County as identified in the 2014 Wireless Gap Analysis, and any other impactful solutions that would merit further consideration by the Board.

Staff Recommendation:

Staff has identified four geographical areas that are underserved:

  1. Northeast: Approximately 450 homes in Taylorstown and Eastern Lovettsville
  2. Northwest: Approximately 1100 homes in Hillsboro, Neersville, Britain, Edgegrove
  3. Southwest: Approximately 1150 homes in Upperville, Saint Louis, Paxson and surrounding area
  4. Central: Approximately 950 homes in the area south of Purcellville

Each of these areas has been mapped on The Story Map Telecommunications Projects of Loudoun County and described in terms of potential last-mile solutions and dependency on middle-mile fiber. These areas are defined for the purposes of focusing development efforts. 

Staff proposes a “defined approach” for reviewing and implementing the final phase of the middle-mile fiber build that maximizes exposure to the underserved areas in such a way as to make last-mile buildout more feasible. Staff proposes that CTC be hired to:

  • Produce new reports that describe the gaps in middle-mile and last-mile fiber;
  • Estimate the costs to bridge those gaps;
  • Provide detailed engineering designs that address each area according to a low/medium/high complexity categorization for each

Staff reveals that there are multiple last-mile providers under NDA with Segra that might be interested in providing last-mile solutions.

Staff has also identified potential solutions for the underserved areas. Staff states that all solutions are dependent upon completion of the county’s middle-mile network.

  1. As authorized under Virginia Code § 15.2-2403, the county could solicit proposals for FTTP solutions. Staff estimates the cost of the RFP process to be $250K and would take 6 months to develop, evaluate and award.
  2. As authorized by Virginia Code Chapter 22.1 – The Public-Private Education Facilities and Infrastructure Act of 2002, unsolicited proposals can be entertained by the BoS, but the county would be required to advertise for competing proposals for at least 30 days. 

Each of the RFP options requires funding. Staff has identified potential funding sources.

  1. 2020 CARES Act – This avenue is not likely to be successful since the deadline for submissions is 30 December, 2020.
  2. 2021 Virginia Telecommunications Initiative Funding (VATI)
  3. Establish a broadband service district under Virginia Code § 15.2-2403. While not a funding source, staff proposes that the law might allow the county to fund projects by taxing the properties in the affected areas.

The Communications Commission suggests the following options:

  1. Partner with power utilities (Dominion and NOVEC) to expand broadband. The commission makes reference to the “Pilot Program” that is being used to expand broadband in other rural areas of Virginia.
  2. Inquire whether the county can levy a tax, fee, or surcharge to fund a buildout. Charges would be levied on “out of state” or “out of county” data services. (what does this mean?)

Key Issue #6: During the 15 September, 2020 business meeting, Supervisor Kershner further moved that the Board of Supervisors direct staff to report back to a future business meeting with an information item about the structure of the existing cable television franchise agreement, the current status of all franchise agreements, and legal options available to negotiate contracts that will improve broadband access.

Staff Response:

Staff explains the status and limitations of negotiating and renewing the franchise agreements with Verizon and Comcast.

Status:

  • Comcast expires 21 February, 2022
  • Verizon expires 25 June, 2021
  • County is currently engaged in the renewal process

Issues:

  • Localities are authorized to negotiate franchise agreements under federal law and state law.
  • The renewal process is governed by federal law, and imposes that a franchise renewal cannot be rejected without going through a “formal” process, which is defined by federal law.
  • There are four statutory criteria that can be applied to the evaluation of a renewal. Staff does not list these criteria.
  • Under Virginia law, the cable operator could counter a challenge to renewal by opting for the terms of an “ordinance cable franchise” which defines less strict terms for operation of a cable TV operator and basically bypasses the locality’s franchise agreement. 

In summary, the county has very limited power or leverage to change the terms of the existing franchise agreements.

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