The Impact of Net Neutrality Repeal on Community Infrastructures

Net neutrality repeal has had far-reaching consequences beyond the digital world, affecting physical infrastructures and community mechanisms. One such area is the Right of Way (ROW) regulations, which have fundamentally changed how homeowners associations (HOAs) and utilities interact. This article explores the ramifications of eliminating net neutrality on community infrastructures, specifically through the lens of ROW and the experiences of a HOA that faced significant challenges during this period.

Why Net Neutrality Repeal Matters

The repeal of net neutrality, which occurred in 2018, brought sweeping changes to how the internet operates. While the digital ramifications are widely discussed, physical infrastructures such as utility lines and ROW have also been affected. Right of Way is a term that refers to the public or private land in which utility lines are placed. The elimination of net neutrality has impacted how ROW is managed and the rights of homeowners.

Right of Way (ROW) and Utility Companies

Utility companies own the poles and land where utility lines are buried or overhead. This is known as Right of Way. When utility companies own or control ROW, they often have significant leverage over communities. For example, they can control the maintenance of utilities and the placement of new infrastructure.

One of the most significant impacts of the net neutrality repeal on utility companies is the termination of Title II regulations. These regulations, which were implemented in 2015, aimed to ensure that utility companies provided reasonable access to their infrastructure to new competitors. The repeal mean that new competitors struggled to enter the market, leading to the shuttering of several businesses.

Impact on Homeowners' Rights and Responsibilities

Homeowners Associations (HOAs) play a crucial role in maintaining the aesthetic and functional integrity of a community. However, the ROW ownership and management post-repeal have placed additional burdens on HOAs.

For instance, the author, representing a HOA, faced challenges in obtaining permits to install CCTV cameras for safety and surveillance. Prior to the 2015 Title II regulations, HOAs could not get permits if they did not own the poles. However, Title II allowed HOAs to obtain permits and seek quotes for materials. After the repeal, every permit within the community was canceled. This left the HOA in a difficult position, having to either buy the poles and take on the hefty maintenance responsibility or continue without the desired safety measures.

Permitting and ROW Challenges

The net neutrality repeal has also affected the permitting process for various community improvements. In one instance, an HOA needed to install surveillance cameras for safety purposes. They had permits approved and were planning to proceed with the installation. However, after the repeal, all permits were canceled, leaving the HOA to reconsider their plans.

Another challenge arose when a HOA planned to install CCTV cameras to catch vandals. However, the repeal of Title II resulted in the cancellation of all prior permits, leaving the HOA without authorization to proceed. This underscores the significant impact of the net neutrality repeal on community infrastructure and safety measures.

Positive and Negative Aspects of ROW Management

ROW management has both positive and negative aspects. On one hand, utility companies can ensure that critical infrastructure is maintained. However, this can also come at a cost to homeowners. For example, buying each pole in the neighborhood would cost approximately $10,000 per pole, and the HOA would be responsible for all maintenance, including replacing bulbs or repairing lines.

Poles are a valuable asset, and their maintenance is crucial for safety and functionality. However, the repeal of net neutrality has put homeowners in a difficult position, where they must either buy and maintain the poles or accept less-effective utility company-provided solutions.

The Resilience of HOAs

Despite the challenges, HOAs have shown resilience in navigating the changes brought about by the net neutrality repeal. They continue to seek alternative solutions and work within the new regulatory landscape to protect their communities.

For instance, the author's HOA stopped the process of purchasing materials for safety installs after the repeal of Title II. They are now waiting to see if new regulations or alternative solutions will emerge that can protect their community without the burden of purchasing and maintaining poles.

In conclusion, the net neutrality repeal has had a profound impact on community infrastructures, particularly through the management of ROW. Utility companies’ ownership and control over ROW have created new challenges for homeowners’ associations, leading to significant financial and regulatory hurdles. As new regulations and solutions emerge, HOAs and communities must adapt to navigate these changes effectively.