Adam Bender

The California Public Utilities Commission should weigh legal and jurisdictional issues in a VoIP rulemaking before considering rules, said AT&T, Frontier Communications and small rural telcos in separate replies filed Monday. AT&T saw "broad agreement" in opening comments (see 2210180049) that the proposal exceeds the CPUC's authority "and could invite legal challenge if adopted,” the carrier said in docket R.22-08-008. The California Cable and Telecommunications Association agreed with opposition to the CPUC staff proposal and suggested an alternative approach. The CPUC could make a “streamlined licensing framework specific to” digital voice services like VoIP, it said. The agency would apply only CPUC rules that currently apply to VoIP service, though it could later consider "targeted" regulations, CCTA said. Noting 501 VoIP providers are informally registered with the commission, Sangoma condemned the CPUC proposal "a blueprint to stifle competition in the presently vibrant VoIP market in California.” The business VoIP provider is especially concerned with proposed tariff requirements, it said. “Tariffs are relics of a bygone era when telephone services were offered by regulated monopoly providers. That era ended long ago, and tariff requirements have rightly gone by the wayside except for a few large incumbent providers and in rural areas that lack competition.” The CPUC should reject industry’s jurisdictional arguments, The Utility Reform Network and Center for Accessible Technology replied jointly. "The Commission has jurisdiction over VoIP providers, who are telephone corporations under California law," the consumer groups said. "The Commission is not barred from regulating VoIP service by federal law, including classification as an information service and preemption principles.”

New York challenged the FCC broadband fabric, becoming the first state to announce a challenge of the FCC data about unserved or underserved addresses. The New York ConnectALL office submitted about 31,798 locations through the FCC’s broadband data collection challenge process, Gov. Kathy Hochul (D) said Monday. New York’s address-level state map (see 2206160059) is helping the state better advocate for federal support, she said. The state map identified 138,598 total addresses as unserved or underserved. “By aligning the FCC maps with ours, we will ensure New York gets its fair share of federal dollars so every New Yorker has access to the internet when and where they need it,” said Empire State Development CEO Hope Knight. New York’s “efforts will help close the accessibility and affordability gaps that [make] broadband unavailable to many of the state’s low- and fixed-income consumers,” emailed Ian Donaldson, New York Public Utility Law Project policy associate. The FCC "is committed to building maps that reflect the most accurate information available, and we expect this New York submission will help us to accomplish that goal," said an agency spokesperson.

The California Privacy Protection Agency board weighed draft changes Friday to proposed state privacy rules required by the 2020 California Privacy Rights Act (CPRA). The board, meeting virtually, showed support for several proposed modifications, which were posted with explanations earlier this month (see 2210170048), while flagging some issues for follow-up in later rulemakings. It was the first board meeting since California Attorney General Rob Bonta (D) appointed real estate developer and CPRA author Alastair Mactaggart a member.

The New Mexico Public Regulation Commission aims to amend inmate calling service rules by year-end, Associate General Counsel Russell Fisk told us Thursday. No one spoke for or against the changes at a Thursday virtual hearing due to a commission rule preventing oral comments from parties that filed written feedback. The New Mexico PRC received positive feedback earlier this month in docket 20-00170-UT on a proposal to reduce an existing cap of 15 cents per minute on intrastate rates to 12 cents for state prisons and 14 cents for large local jails (see 2210030053). The record is set to close Tuesday. However, New Mexico Criminal Defense Lawyers Association attorney Carol Clifford of The Jones Firm said she planned to file a motion to extend the date so her client could file documents about a pending New Mexico Second Judicial District Court case on attorney-client calls from jails. The PRC would consider the possible motion and any responses, then decide whether to keep the record open longer, Fisk said.

Back with a full complement of commissioners, the Pennsylvania Public Utility Commission voted 5-0 Thursday to let T-Mobile exit federal Lifeline in Pennsylvania. In the unanimous voice vote, PUC members granted T-Mobile’s Sept. 1 petition to relinquish eligible telecom carrier designation for low-income support effective Dec. 31. “We find that T-Mobile has given appropriate and sufficient notice to us regarding its planned abandonment,” said the PUC order in docket P-2011-2275748. T-Mobile’s 90-day written notice and other planned communications will give Lifeline customers “detailed information” and “ample time to obtain service from an alternative Lifeline provider operating in that same geographic region,” it said. T-Mobile on Sept. 30 sent the PUC a copy of a letter notifying customers that the carrier was ending Lifeline participation. T-Mobile’s petition noted the carrier provides “a variety of low-cost service plans” and subsidiary Assurance Wireless and MetroPCS participate in the federal affordable connectivity program. Thursday’s meeting was the PUC’s first since April 16, 2020 with commissioners in all five seats. The Pennsylvania Senate last week confirmed Katie Zerfuss, deputy secretary for legislative affairs for Gov. Tom Wolf (D), and Stephen DeFrank, former chief of staff for state Sen. Lisa Boscola (D), and reconfirmed Commissioner John Coleman, whose term had expired Oct. 1 (see 2210190042). “Retirement for two weeks was great,” remarked Coleman at the livestreamed meeting. The PUC elected DeFrank as vice chairman Friday, said Chairman Gladys Brown Dutrieuille. T-Mobile didn’t comment.

The Nebraska Public Service Commission heard telecom complaints Wednesday about network reach, reliability and customer service at Windstream, Frontier Communications and Lumen’s CenturyLink. Commissioners and staff heard customers’ negative experiences -- and grilled companies -- at the hearing, which was for the PSC’s telephone service-quality investigation in docket C-5303/PI-240.

The Regulatory Commission of Alaska (RCA) rejected state USF changes proposed by industry. Many of the state’s local exchange carriers worked on and supported the proposal to shift Alaska USF (AUSF) to connections-based contribution (see 2210110036). At a virtual meeting Wednesday, commissioners took separate 4-0 votes to oppose the plan and instead open a 30-day comment period on a staff proposal to extend AUSF’s sunset date by two years to June 30, 2025 (docket R-21-001). Commissioner Robert Pickett concluded that if the RCA adopted rules based on the industry proposal, they would be dead nearly on arrival at the Alaska Department of Law. Pickett said the RCA requested and received DOL’s legal analysis on the industry proposal. Commissioners voted 4-0 to waive attorney-client privilege and release the DOL memo. “This is absolutely going to require a legislative fix,” said Pickett, but if this isn't fixed this upcoming session, “it's not going to get fixed.” Chair Keith Kurber said he supported extending the current fund to give the legislature time. Saying expanding AUSF into broadband is “problematic,” Commissioner Jan Wilson supported continuing AUSF up to three years to support telephone service. DOL’s legal analysis flagged two big problems with the industry proposal. A 2019 deregulation law known as SB-83 removed “significant statutory authority from virtually every section proposed to be revised,” it said. “Second, there are two situations where apparently similarly situated telecommunications utilities are treated differently based on distinctions that are not supported by statute, although they may have been prior to enactment of SB 83. This creates a probable equal protection problem.”

Wisconsin officials promised Tuesday to take big strides to close the state’s digital divide. Local governments should engage with the state on plans for NTIA’s broadband equity, access and deployment (BEAD) program and do more to increase participation in the federal affordable connectivity program (ACP), said Wisconsin Public Service Commission Chairperson Rebecca Cameron Valcq at a partially virtual broadband forum co-hosted by NTIA and the Wisconsin PSC: “We cannot leave any part of our state behind.”

The California Public Utilities Commission wants “a big tent approach” as it collects input for developing a five-year plan for spending federal infrastructure support under NTIA’s broadband equity, access and deployment program, said CPUC President Alice Busching Reynolds during a state webinar Monday to kick off BEAD planning. Reynolds wants to bring as broad a group as possible to the table since California is a big, diverse state, she said. Expanding internet services will improve access to government services, which is especially important for “historically disenfranchised” groups, the CPUC president noted. More than 2 million Californians lack access, said state Chief Information Officer Liana Bailey-Crimmins: Those at the table should be "reflective of those individuals.” The CPUC expects to receive BEAD planning funds in the next couple of weeks, said CPUC Communications Division Director Rob Osborn: California filed its application for that support Aug. 12 and the application moved to formal NTIA review Sept. 1. Meanwhile, the agency is “working through the bulk challenge process” for the FCC’s broadband fabric, Osborn said. “It’s quite labor intensive.” The CPUC plans to share a summary analysis either through the FCC or the CPUC website at a later date, he said.

New York state can speed broadband deployment by requiring pole owners to share pole replacement costs with attachers, cable companies said in comments last week at the New York Public Service Commission. Pole owners disagreed, suggesting using the influx of state and federal broadband funding to pay for replacements. Some other attachers urged the PSC to act quickly on less controversial issues in docket 22-M-0101, especially with the FCC considering similar issues in its docket 17-84.