SAN DIEGO -- The California Public Utilities Commission might follow up on disaster resiliency orders that include emergency plan and 72-hour backup power requirements for wireless and wireline industries, CPUC Commissioner Cliff Rechtschaffen told us Monday at NARUC’s summer meeting. On a panel about hardening networks, a wireless industry official disagreed with Rechtschaffen that carriers weren’t doing enough before the CPUC issued rules two years ago.
Adam Bender
Adam Bender, Senior Editor, is the state and local telecommunications reporter for Communications Daily, where he also has covered Congress and the Federal Communications Commission. He has won awards for his Warren Communications News reporting from the Society of Professional Journalists, Specialized Information Publishers Association and the Society for Advancing Business Editing and Writing. Bender studied print journalism at American University and is the author of dystopian science-fiction novels. You can follow Bender at WatchAdam.blog and @WatchAdam on Twitter.
SAN DIEGO -- The FCC could open its challenge process for new broadband maps in October, said Consumer and Governmental Affairs Chief Alejandro Roark on a Tuesday panel at NARUC’s summer meeting. Utility commissioners must weigh in on state broadband talks even if they’re led by other agencies, said former FCC Commissioner Mignon Clyburn on a Monday panel about NTIA’s broadband equity, access and deployment (BEAD) program.
SAN DIEGO -- States could speed 5G deployment by harmonizing rules for accessing poles and power, state commission staffers were told Sunday by wireless infrastructure industry officials at NARUC’s summer meeting. Meanwhile, the Telecom Staff Subcommittee cleared a resolution meant to increase affordable connectivity program (ACP) enrollment (see 2207080016).
The Texas Public Utility Commission quietly approved a whopping increase to the Texas USF surcharge Thursday. Texas will raise the TUSF revenue-based surcharge to 24% from 3.3% on Aug. 1, commissioners decided on unanimous consent, without discussion, at a livestreamed meeting. Legislators could provide relief soon, said state Sen. Drew Springer (R) in an interview. Industry and a consumer advocate supported broad TUSF contribution changes.
The Minnesota Public Utilities Commission agreed unanimously to open a proceeding on whether it should revoke LTD Broadband’s eligible telecom carrier (ETC) status for Rural Digital Opportunity Fund support (docket M-21-133). Minnesota’s Commerce Department and attorney general’s office had recommended opening the review due to concerns raised in a petition by the Minnesota Telecom Alliance and the Minnesota Rural Electric Association and in local government comments (see 2206090024). At the PUC’s livestreamed meeting Thursday, commissioners supported referring the matter to the Office of Administrative Hearings. PUC members requested proceedings be conducted speedily and include discovery and cross-examination of expert witnesses. LTD Broadband tried to persuade commissioners not to investigate at the meeting. LTD is in compliance and on track with obligations in Minnesota, said outside counsel Andy Carlson of the Taft firm. “There is nothing, other than legal or procedural arguments from other states, that is different” from when the PUC last year decided to approve ETC designation, he said. Revoking ETC status would jeopardize $311 million in federal funding, Carlson added. Commissioner Joseph Sullivan disagreed. “It seems like a lot has changed,” if it’s true that three other state commissions rejected ETC requests and LTD defaulted on 30% of bid locations, he said. Carlson said he meant nothing is different in Minnesota. Commissioner John Tuma said the public-interest reasoning for considering a revocation is that LTD having RDOF funding is blocking others from applying for other government cash in the same areas. Minnesota is always allowed to take a second look at ETC designations, which aren’t static, said Assistant Attorney General Kristin Berkland. Chair Katie Sieben raised concerns that there would be no guarantee Minnesota would win back the $311 million if it rejected LTD. Berkland countered that it would also be problematic if that money came into the state, but LTD didn’t carry out its commitments. Democratic Minnesota Gov. Tim Walz's broadband task force supported opening the proceeding in a Tuesday letter to the commission.
Maryland limits on how a company communicates prices to customers through a digital ad tax law sounds like restricting speech, a federal judge said at a virtual argument Tuesday. After hearing arguments on remaining constitutional issues in U.S. Chamber of Commerce and others’ lawsuit against Maryland’s digital ad tax law (case 1:21-cv-00410-DKC), U.S. District Court in Baltimore Judge Lydia Griggsby said she disagreed the law regulates only conduct.
Phone and cable companies sought to stop California from adopting affordability metrics for the communications sector. The California Public Utilities Commission plans to vote Thursday on a June 10 proposed decision to apply an affordability framework across its regulated industries. In Friday reply comments in docket R.18-07-006, consumer advocates urged the CPUC to reject the communications industry’s due process and other concerns.
Telcos facing state scrutiny for allegedly impeding Minnesota's transition to next-generation 911 said they will propose a possible resolution. Christensen Communications and nine others named in a Minnesota Department of Public Safety (DPS) complaint would “provide all requested services and interconnections” if DPS agrees to compensate the providers from the date the services are provided, they said in Friday comments at the Minnesota Public Utilities Commission (docket C-22-245). The providers said the rates they had proposed, which led to the DPS complaint, “accurately reflect” the services to be provided and were “based on a National Exchange Carrier Association tariff, with prices updated as of 2021, approved by the" FCC. The companies "are neither refusing to interconnect nor attempting to leverage or delay the transition to the NG 911 system,” they said. DPS urged the PUC to act fast. The providers “placed unreasonable conditions on their willingness to interconnect,” are “impeding the full adoption of necessary improvements, thus jeopardizing their customers’ 911 access, and are seeking to impose unreasonable and unnecessary costs on the 911 fund,” it said. Minnesota's Commerce Department said the “allegations warrant investigation" and the PUC has authority. DPS also received support for its complaint from the Minnesota Sheriffs’ Association, Statewide Emergency Communications Board and the Metropolitan Emergency Services Board for the Minneapolis/St. Paul region.
NARUC should press states and the federal government to lower barriers, including through increased funding and awareness campaigns, to enrollment in the affordable connectivity program, Telecom Committee member Crystal Rhoades said in an interview Thursday. The Nebraska Public Service Commission’s lone Democrat said she doesn’t expect controversy over her proposed resolution, which is up for vote at NARUC’s July 17-20 policy summit in San Diego (see 2207060037). However, Next Century Cities Senior Policy Counsel Ryan Johnston raised concerns that the draft omits local governments’ key role in raising awareness.
Keep things simple when weighing possible changes to the California Advanced Services Fund (CASF) broadband infrastructure account, Frontier Communications cautioned the California Public Utilities Commission. The CPUC received replies Tuesday to last week’s comments in docket R.20-08-021 (see 2206280032). Historically CASF has been underutilized, said Frontier. “The more contingencies and complexities are attached to grant applications, the less accessible the funding will be.” The California Cable and Telecommunications Association urged the CPUC not to be swayed by consumer advocates asking to shift focus from unserved communities to “separate issues like affordability and adoption.” While important, addressing those subjects here would exceed the scope of the infrastructure account, CCTA said. The CPUC’s independent Public Advocates Office urged the commission to reject Verizon claims that providing an incentive for offering a low-income broadband plan would be rate regulation. “Participation in CASF is optional,” PAO replied. Also, the CPUC should keep a proposed $15 monthly low-income broadband plan requirement and reject Verizon’s recommendation to allow a CASF grantee to get additional funding if its subsidiary provides state or federal Lifeline services.