Adam Bender

Industry breathed a sigh of relief after a California state court delayed enforcement of California Privacy Rights Act regulations Friday. The California Chamber of Commerce (CalChamber) said the ruling by the California Superior Court in Sacramento righted an unfair situation for businesses. “Significant portions” of CPRA remain enforceable, despite the court’s ruling, said California Privacy Protection Agency (CPPA) Executive Director Ashkan Soltani.

California commissioners should "move forward with steps to regulate VoIP providers and provide specific recommendations for an appropriate regulatory framework,” said Center for Accessible Technology (CforAT), The Utility Reform Network (TURN) and Communications Workers of America (CWA). The California Public Utilities Commission received reply comments Friday in docket R.22-08-008. "Industry parties continue to fixate on preemption," as they have for the past nine months of the proceeding, the consumer and workers' groups complained. That CforAT, TURN and CWA "ignore the preemption issue entirely" means industry's "preemption arguments stand unrebutted," replied AT&T. The California Broadband and Video Association warned the CPUC that market "entry requirements and other utility-style regulations for interconnected VoIP service are not only unnecessary but would exceed the Commission’s authority and conflict with [FCC] and federal court precedent.” Regulating business VoIP providers "is unnecessary and unsupported by the evidentiary record or actual marketplace experiences,” the Cloud Communications Alliance replied. But Small Business Utility Advocates said the CPUC has legal authority and should regulate VoIP.

A California state court signaled it would delay enforcement of California Privacy Right Act (CPRA) regulations. The CPRA had required the California Privacy Protection Agency (CPPA) to start enforcing regulations implementing the sequel to the California Consumer Privacy Act (CCPA) by Saturday. Connecticut and Colorado’s comprehensive privacy laws took effect that day, joining California and Virginia laws. The Delaware Senate passed a privacy bill Thursday.

AT&T won’t yet be relieved of an obligation to file automated reporting management information system (ARMIS) financial reports with the California Public Utilities Commission, the CPUC decided at a virtual meeting Thursday. The commission voted unanimously for a consent agenda that includes a draft decision denying AT&T’s 2021 petition for modification of a 2009 order about regulating large and mid-sized telecom companies (docket R.05-04-005). The CPUC will consider the issue instead as part of its service-quality rulemaking (docket R.22-03-016), said the draft. AT&T argues the ARMIS reports no longer serve a useful purpose and are too time-consuming to produce. Its petition got opposition from consumer groups and support from small carriers. Also at the meeting, California commissioners supported a draft resolution T-17793 to approve $5.1 million in local agency technical assistance applications for nine non-tribal local agency applications. The approval will exhaust $45 million available for such entities. Commissioners approved another proposed resolution T-17786 to approve $162,655 in support from the California Advanced Services Fund adoption account to two projects. “We have to build broadband infrastructure and make sure everyone is able to use it,” said Commissioner Darcie Houck. “These grants are one step in accomplishing these goals in a manner that will maximize the impact of our investment.”

The White House will reveal state allocations for the $42.5 billion broadband, equity, access and deployment (BEAD) program Monday, said New Jersey Office of Broadband Connectivity Director Valarry Bullard on an NTIA videoconference Thursday. Afterward, other state officials told us they were invited to a 4:30 p.m. Monday event. State broadband officers were invited to the Monday event to find out grant amounts, said Bullard at the New Jersey virtual outreach meeting: "All of these state broadband offices will get together and [President Joe] Biden will say, 'You get a grant' and 'You get a grant.'" NTIA Federal Program Officer Brynn Deprey said to expect a news release. NTIA earlier said it would announce BEAD allocations by June 30. NTIA will use the FCC map to determine how much money states receive in addition to the $100 million each they’re guaranteed under the Infrastructure Investment and Jobs Act. Louisiana will be there, emailed Veneeth Iyengar, the broadband office's executive director-broadband development and connectivity. "I do not know the exact nature of the announcement, though we are in the ballpark in terms of timing with regards to knowing what our BEAD allocation will be." Colorado Broadband Office Executive Director Brandy Reitter also said she was invited to the White House event but can't attend. South Carolina Broadband Office Director Jim Stritzinger also said all states had been invited to the White House event. NTIA didn't comment further Thursday.

California local governments removed opposition to a bill meant to streamline broadband infrastructure deployment, they said at a California Senate Energy, Utilities and Communications Committee meeting livestreamed Tuesday. The panel cleared AB-965 and three other broadband bills passed last month by the Assembly. One senator pushed back on AB-1065, which would explicitly authorize wireless broadband providers to get support from the California Advanced Services Fund (CASF) broadband infrastructure grant and federal funding accounts.

Ohio senators passed a state budget bill 24-7 Thursday despite industry opposition to provisions requiring age verification for social media and limiting wireless eligibility for broadband grants. A New Jersey Assembly panel later that day approved a bill to set children’s privacy rules. Earlier this week, Texas Gov. Greg Abbott (R) signed a kids’ social media measure, plus bills to ban TikTok and require a council to study artificial intelligence. The Arizona legislature passed a broader bill to regulate social media.

Some state broadband offices see room to improve the FCC’s national broadband map, even with NTIA set to announce allocations by June 30 for the $42.5 billion broadband, equity, access and deployment (BEAD) program. Other states told us they’re still reviewing the FCC's latest map, released May 30.

Wireless and internet industry groups sounded alarms in Ohio as senators weigh what to include in the state budget. One HB-33 amendment under consideration (Page 143) by the Senate would remove wireless broadband from definitions of tier one and tier two broadband services for the purposes of getting grants. The Wireless ISP Association “is disappointed to see the Senate considering taking a step backward on its broadband expansion grant program by removing wireless broadband providers from grant eligibility,” WISPA State Advocacy Manager Steven Schwerbel told us Friday. “This amendment would mean that the state will not be able to fully consider all factors that influence broadband needs in Ohio. Federal programs like [NTIA’s broadband equity, access and deployment program] are already putting their thumbs on the scale when it comes to funding broadband expansion. Cutting wireless out of the state grant program means that BroadbandOhio will lose the flexibility to fill in the gaps where those federal dollars can’t or won’t flow, and make sure that every Ohioan has access to reliable, high-speed broadband.” Meanwhile, the Computer and Communications Industry Association sent a letter to senators protesting a section in HB-33 that would require social websites to verify users’ ages and require parental approval. “While we share the concerns of the Ohio State Senate regarding the safety of young people online, we encourage Senators to resist advancing Sec. 1349.09 of HB 33 which is not adequately tailored to this objective,” wrote CCIA State Policy Manager Jordan Rodell.

The New York Privacy Act passed the state Senate without the private right of action from the original S-365 (see 2304250063). The Senate voted 46-15 Thursday to send the measure to the Assembly. Also, the Senate voted 62-0 to send the Assembly S-6318, which would require the New York Public Service Commission to map mobile coverage and reliability across the state and then make a plan to ensure reliable coverage statewide (see 2305160033). The latest version of S-365 sets parameters for state attorney general action, which is how most other state privacy laws are enforced. Consumer Reports withdrew its support and is now officially “neutral” on the bill, policy analyst Matthew Schwartz emailed Friday. “Among numerous other changes, the amendments removed automated decisionmaking rights, weakened the definition of biometric information, carved out nonprofits, weakened risk assessments, and inserted a loyalty program carveout.” Microsoft supports the New York Privacy Act, a spokesperson said. "We will continue working with sponsors in both houses and stakeholders to pass comprehensive privacy legislation." CTIA opposed the mobile mapping bill in a letter Wednesday. SB-6318 “would unnecessarily duplicate efforts by the [FCC] to comprehensively map and regularly update mobile wireless coverage throughout the country,” said the wireless industry association: New York should instead seek to reduce local government barriers to wireless deployment. “If the bill contemplates directing the PSC to mandate wireless deployment in specific areas or regulate wireless rates, such measures would be preempted by federal law,” CTIA warned.