Adam Bender

The Voice on the Net (VON) Coalition disputed California’s authority to apply service quality metrics to VoIP, it said in reply comments posted Monday at the California Public Utilities Commission in docket R.22-03-016. The VoIP trade group agreed with many companies’ December comments opposing service-quality metrics for non-copper networks (see 2212220052). “VON joins the vast majority of commenters that question the authority of the Commission to adopt, and the need for, VoIP service quality objectives,” the VoIP association commented Friday. Comments supporting new rules "fail to acknowledge the differences between VoIP and traditional phone services that make the existing metrics inapplicable to an application that travels over the Internet, via a customer-procured broadband connection and customer-provided equipment.” it said. Applying the metrics to the wireless industry probably will harm consumers, CTIA said. “There is simply no factual or policy basis -- much less any legal basis." The need for the CPUC to set minimum standards for wireless, VoIP and broadband “is based on the record of consumer complaints detailing service quality issues and the continued underperformance of communications service providers as it relates to these services,” responded the state agency’s independent Public Advocates Office. Competition isn't enough to keep service quality high, said PAO. "California customers lack a choice of whom their communications service provider is,” especially for high-speed broadband. CPUC Administrative Law Judge Camille Watts-Zagha held a prehearing conference by telephone Tuesday in a separate rulemaking (docket R.22-08-008) on changes to licensing requirements and other obligations for internet-based voice (see 2211010010). “Our biggest concern in the proceeding is if it goes beyond the issue of market entry and simple registration,” and the order opening the docket indicates that it might, said BRB attorney Patrick Rosvall, representing Frontier and Consolidated. The state is preempted from regulating any service that can be used over more than one broadband connection, said Pillsbury’s Glenn Richards for the VON Coalition.

A Virginia bill to ban TikTok on state government devices cleared the House Communications Committee by a 12-10 vote at a livestreamed hearing Monday. HB-2385 by Chair Emily Brewer (R) would effectively codify an executive order by Gov. Glenn Youngkin (R). All Democratic committee members opposed the bill, including Del. Marcus Simon, who said he understood Republicans’ desire to chase a “big red menace” for political points. Del. Daniel Helmer (D) raised concerns about anti-Asian discrimination. Brewer bristled, saying TikTok has real ties to the Chinese government. The federal government (see 2212270051) and more than 20 states (see 2301120048) have banned TikTok on government devices.

Pole attachment stakeholders disagreed on next steps after the California Public Utilities Commission’s October one-touch, make-ready (OTMR) decision in docket I.17-06-027 (see 2210200073). In comments received Tuesday, pole owners resisted attachers urging the CPUC to speed the pole replacement process. Telecom companies rejected more OTMR safety requirements proposed by workers and increased fees for unauthorized attachments sought by two electric companies. San Francisco sought municipal access to private poles.

TRENTON -- New Jersey justices challenged Altice on its claim that a state requirement to prorate cable bills is impermissible rate regulation preempted by the Cable Act. The state Supreme Court heard oral argument Tuesday on the New Jersey Board of Public Utilities and Division of Rate Counsel's appeal of a lower court’s ruling for Altice. Justices noted the 1st U.S. Circuit Court of Appeals upheld Maine’s similar rule applying to customers who end service before the month is up.

Despite numerous requests from states and other entities, NTIA declined to extend the timeline for challenging the FCC's new broadband map. The agency set Friday as the target for eligible entities to submit challenges for the next iteration of the map that will be used for broadband, equity, access, and deployment (BEAD) program funding allocations (see 2211100072). Unannounced updates to map data, including recently, complicated states’ challenge preparations, Vermont Community Broadband Board (VCCB) officials told us.

Procedural concerns could complicate a case at the 2nd U.S. Circuit Court of Appeals on a New York law requiring affordable broadband. At oral argument Thursday in Manhattan, Judge Richard Sullivan grilled parties on a procedural maneuver they used to move the case to the 2nd Circuit from the trial court. Sullivan asked New York’s attorney tough questions on the state’s argument that its law isn’t preempted.

The Nebraska Public Service Commission voted 4-0 at a virtual meeting Tuesday to set a 2023 schedule and release application materials for Coronavirus Capital Projects Fund (CPF) support under the Nebraska Broadband Bridge Program (NBBP). The PSC opened docket CPF-1 to administer $80 million in grants last month (see 2212130067). The Nebraska commission “finds that the application materials and program guide previously developed for the NBBP should be utilized to the maximum extent in the CPF grant cycles,” said Tuesday’s order. “However, because the CPF grant program contains additional goals and objectives which must be met in accordance with federal funding guidelines, certain adjustments to the application requirements and program guidance have been made.” Also, the PSC tweaked the application template and program guide due to issues seen in the last NBBP cycle, it said. The PSC will accept applications from Feb. 9-24. The PSC in the next week should schedule a workshop, due to the application materials’ complexity, suggested Commissioner Tim Schram (R) at the meeting. Chair Dan Watermeier (R) said in a news release that already having the NBBP helped the PSC "move quickly in setting up the CPF grant application process” and "prior NBBP applicants should find the CPF application process similar." The PSC is down one member because Commissioner Crystal Rhoades (D) won an election in November to become Douglas County clerk of the District Court. Gov. Jim Pillen (R) must appoint someone to fill the remainder of Rhoades’ term, which ends Jan. 7, 2027.

Local governments opposed a New York state wireless siting bill that’s returning to the legislature after failing in previous sessions. Crown Castle supported the bill that’s meant to streamline 5G deployment by preempting local authority in the right of way. However, a New York wireless industry lawyer raised doubts that the measure has any better chance of passing in 2023 than it did in several previous years.

Mississippi’s broadband office is “extremely busy” putting a challenge together in time for the Jan. 13 deadline to correct the FCC’s national broadband map, said Broadband Expansion and Accessibility of Mississippi Director Sally Doty on a Broadband.Money webinar Friday. Another month would help, said Doty, saying the winter holidays made the current compressed time frame even more difficult and noting Sen. Roger Wicker, R-Miss., wrote a letter seeking more time. NTIA Administrator Alan Davidson said last month that NTIA was evaluating states’ concerns with the map challenge deadline (see 2212200060).

Lumen’s CenturyLink won't avoid public hearings in a Minnesota service quality probe. At a partially virtual meeting Thursday, the Minnesota Public Utilities Commission voted 5-0 to refer the matter to an administrative law judge for a contested case proceeding on whether the telco is meeting requirements of Minnesota Statutes Chapter 237 and Minnesota Rules Chapter 7810. Lumen Assistant General Counsel Jason Topp said he didn’t think hearings were needed in the more than 2-year-old proceeding. “It's time to bring this to a head, move forward and develop a record.”