Adam Bender

A Senate panel advanced a bill to end a 2005 state ban on municipal broadband. The Senate Local Government Committee voted 5-0 Thursday to send SB-183 to the floor, at a webcast hearing. Colorado’s broadband office and local governments supported the measure. SB-183 would repeal many parts of the state ban known as SB-152, which could inhibit the state from spending federal money if they remained, said sponsor Sen. Kevin Priola (R). The bill will help Colorado achieve 99% broadband access by 2027, he said. Even those who supported the 2015 law support SB-183, said another sponsor, Sen. Mark Baisley (R). Local ballot votes to opt out of SB-152 are often successful but costly, said Colorado Municipal League legislative advocate Jaclyn Terwey, supporting the bill. Fears that local governments would compete with ISPs haven’t come to pass, said attorney Ken Fellman, representing the Colorado Communications & Utility Alliance. Local governments want to help the private sector with broadband costs through partnerships, he said. Unless passed, counties and municipalities that haven't opted out could be ineligible for federal funding, said Colorado Broadband Office Executive Director Brandy Reitter. The bill includes some protections to avoid unfair competition, said Colorado Cable Telecommunications Association Executive Director Jeff Weist. He said the industry group is officially neutral on the bill.

Industry including NetChoice and CTIA slammed a Montana obscenity filter bill at a livestreamed hearing Wednesday. HB-349, which would require smartphones to have obscenity filters on by default, has constitutional problems, said NetChoice Vice President Carl Szabo. Only Utah has passed the law, and it won’t take effect until five more states do the same, he said. A better model would be a Louisiana law requiring pornographers to collect identification from users, said Szabo. HB-349 sponsor Rep. Lola Sheldon-Galloway (R) said she’s “frustrated” opponents didn’t come to her earlier to propose the Louisiana approach if it’s such a good idea. Requiring obscenity filters to be on by default isn’t hard to implement, she said. Vice Chair Willis Curdy (D) asked how Szabo could say the Louisiana law is working when it’s been in effect for only three months. Sen. Christopher Pope (D) thinks a big hole in HB-349 is that it covers only phones and not computers, he said. Rep. Terry Moore (R) testified in support, calling HB-349 “a simple measure that respects free speech." Project Stand Director-Public Policy Erin Walker said parents can easily override the restriction proposed by the bill. “This is not overregulation.” Tennessee senators punted a similar bill earlier this week (see 2303200068). The Computer & Communications Industry Association opposed Idaho, Montana and Tennessee filter bills, in written comments this week. “Requiring a state-specific content filter would be technically infeasible for businesses to implement as manufacturers produce devices at the national -- not state -- level,” said CCIA State Policy Director Khara Boender.

California policymakers should reconsider what counts as free broadband service as it doles out public housing grants, said the California Broadband and Video Association (CalBroadband) Tuesday. In a petition at the California Public Utilities Commission, the state cable association raised concerns with a December CPUC resolution (T-17775), saying services made free by the federal affordable connectivity program (ACP) aren’t truly free. CalBroadband’s petition should be rejected, two consumer advocates responded Wednesday.

A bill to reduce Florida’s communications services tax by 1.44 percentage points cleared the Regulated Industries Committee at a webcast Tuesday hearing. SB-1432 would reduce the Florida CST to 3.48% from 4.92% for communications services. Under an amendment adopted Tuesday, it would reduce by the same amount the tax for direct-to-home satellite service to 7.63% from 9.07%. The bill would also freeze local government CSTs at 2023 rates for three years. Florida TaxWatch President Dominic Calabro applauded the bill. "We're going to reduce one of the most regressive state and local taxes we have.” Florida Association of Counties don’t object to reducing the state tax, but counties use distributions from the tax for local projects and want to be “held harmless” for the reduction, said Deputy Director Bob McKee. He said the tax reduction would reduce state revenue by $19.3 million annually. Sponsor Sen. Jay Trumbull (R) disagreed that his bill would disadvantage counties. “It's just time to reduce the tax on tech.” The House has a similar bill (HB-1153).

A possible Texas preference for fiber split AT&T and Verizon at a Texas Senate Commerce Committee hearing livestreamed Tuesday. The committee heard testimony on a bill (SB-1238) meant to update Texas laws to prepare for incoming federal dollars from NTIA’s broadband, equity, access and deployment (BEAD) program. Also at the hearing, cities clashed with DirecTV and Dish Network over a bill (SB-1117) to ensure satellite and streaming TV services would not have to pay video franchise fees.

A Tennessee Senate committee punted to next year a bill that would require smartphone manufacturers to turn on obscenity filters by default. SB-138 is unconstitutional, violating the First Amendment and the commerce clause, said NetChoice Deputy Director-State and Federal Affairs Zach Lilly at a livestreamed Commerce Committee hearing Monday. But the National Decency Coalition said the bill is the “most constitutional” way to protect kids. Sen. Shane Reeves (R) questioned the “logistics” of implementing the bill, including how to turn the filter on by default in only one state. Utah passed a similar law in 2021 (see 2103080044), but it won’t take effect until five other states do the same. That contingency is probably why nobody has sued Utah yet, said Lilly: There likely would be an “avalanche” of litigation otherwise.

Washington state should make its own broadband map because the FCC map “still has issues” despite improvement from the past edition, said the state broadband office’s director, Mark Vasconi, at a Senate Environment, Energy and Technology Committee hearing on HB-1746. The House-passed bill would require the state map by July 1, 2024. With as much as $1 billion possibly coming into the state over the next five years, it's “essential that we know where the infrastructure is and who is being served,” Vasconi said at Friday's livestreamed hearing. The Washington Public Utility Districts Association likes that the bill will allow the broadband office to contract with private entities to physically investigate and verify broadband availability on the ground, said lobbyist Scott Richards. On Thursday, the House voted 95-0 to pass HB-1711, which provides a sales and use tax exemption for internet and telecom infrastructure projects involving a federally recognized tribe. It now goes to the Senate. In Georgia, the legislature passed a broadband mapping bill Thursday. The House voted 167-0 for SB-193. It previously passed in the Senate and next will go to Gov. Brian Kemp (R).

A Vermont House panel opted for a straight extension to the state’s Section 248(a) telecom siting process, at a meeting Thursday. The Environment and Energy Committee voted 9-0 for H-110, enough to pass the bill, but kept the roll open to allow another member to vote later. The bill would extend the sunset on the 2007-established infrastructure siting process by three years until July 1, 2026, while making no changes to the process. The Vermont Public Utility Commission and the wireless industry raised concerns about possible additional limits proposed in H-70, which also would have extended the process’ July 1 sunset by three years (see 2303140063). Noting the PUC concerns, Rep. Avram Patt (D) said passing the extension was most urgent and legislators could take more time to consider changes. The committee could come back to H-70 later this year or next year, he said.

A Minnesota 988 surcharge on telecom bills is a must, said state Sen. Melissa Wiklund (D) and a mental health advocate, at a Minnesota Senate Health and Human Services hearing livestreamed Thursday. Wiklund’s bill SF-2588 would allow a 988 surcharge of 12-25 cents monthly. Short-term federal funding is helping the mental health and suicide hotline, said the senator. "However, this is not ongoing funding, and there is a need to create a stable and sustainable funding model to support the 988 suicide and crisis lifeline in Minnesota long term.” Wiklund noted she's talking to telecom industry lobbyists about ensuring accountability for how 988 fee revenue is used, like there is for 911 fee revenue. Mental Health Minnesota Executive Director Shannah Mulvihill said federal funding is "temporary and still not enough,” and Minnesota “can’t depend” on the state’s current budget surplus. "The broad allowable use of these fees reflects reality," she said. "The 988 service fees in this bill will help establish an equitable system to address mental health emergencies and parallel services including 988 call centers." The fee will start at 12 cents if the bill becomes law, said Mulvihill, answering a question by Sen. Paul Utke (R). But Sen. Jim Abeler (R) said it seems like fees always seem to end up at the maximum allowed. And Abeler isn’t sure Minnesotans expect higher fees when the state has a $19 billion surplus, he said.

The District of Columbia’s 911 office will improve processes and be “transparent and accountable to the public,” said its possible next director, Heather McGaffin, at a D.C. Council committee roundtable livestreamed Wednesday. Judiciary and Public Safety Committee Chair Brooke Pinto (D) pressed McGaffin on how she will make the Office of Unified Communications (OUC) more open about errors responding to emergency calls. The committee mulled confirming McGaffin (PR25-0115) to lead OUC and Lindsey Appiah to be deputy mayor-public safety and justice.