A New York state Republican wondered if part of a proposed 95 cent surcharge in Albany County to fund E911 would be diverted to other purposes. The Assembly Local Governments Committee unanimously cleared A-9269 at a livestreamed Wednesday meeting, sending it to the Ways and Means Committee. Assemblyman Jeff Gallahan (R) asked if the proposed surcharge is “100% going to this project or is there any money split off from that 95 cents for other purposes?” Chairman Fred Thiele (D) answered, “these funds are dedicated to the E911 program.” New York diverted $100.7 million (41.7%) of its state 911 fee revenue to the general fund in 2020, showed the FCC’s most recent report on the subject (see 2201070049). The Senate could vote soon on its version (S-8246) after sending it to third reading Wednesday.
A Pennsylvania Assembly panel showed appetite for a comprehensive privacy bill at a hearing livestreamed Wednesday. Microsoft supported the measure while other witnesses sought minor edits. Elsewhere, the Louisiana House delayed a floor vote on its state privacy bill for the third straight day. Lawmakers in each state are looking to follow California, Virginia, Colorado, Utah and Connecticut in passing broad privacy laws.
The South Dakota Public Utilities Commission deferred deciding if it should rehear or reconsider its 2-1 February decision to deny eligible telecom carrier (ETC) designation to LTD broadband. LTD won about $46.6 million in 10-year Rural Digital Opportunity Fund support for South Dakota, one of multiple states where it’s run into obstacles getting ETC designation (see 2205170058). LTD Broadband wants to present new evidence, which wasn’t available at an evidentiary hearing prior to the PUC’s decision, showing that the company can fulfill its RDOF commitment, said its attorney Jason Sutton of Boyce at a livestreamed hearing Tuesday. If granted rehearing, LTD plans to file an amended application “that may withdraw its requests for designation in some of the census blocks that are currently being served or built out,” he said. If the PUC keeps its decision to deny LTD’s application, “we're going to end up with consumers that don't have broadband,” he said. The South Dakota Telecommunications Association doesn’t think additional evidence will show LTD is “getting it done,” said Executive Director Kara Semmler, urging the PSC to deny LTD’s petition. The RDOF winner can always file a new application for the commission to open a new docket, she said. Don't "decide what to do based on an imaginary request" by LTD to amend its application, she said. Commissioner Gary Hanson, who had voted against denying the company’s original application, asked how the commission can object to rehearing when it doesn’t know whether the evidence LTD seeks to submit is valid. Answering a question by Chairman Chris Nelson, South Dakota PUC staff attorney Amanda Reiss said she isn’t sure if the commission has ever allowed an ETC application to be amended. Staff disagrees the commission made any legal error in its initial order, but commission rules allow for a rehearing on additional evidence, she said. Filing a fresh application at the PUC could cause the FCC to decide LTD filed its ETC application too late and deny funding. If the PUC denies rehearing or reconsideration, he warned, LTD will appeal in court. The state commission didn’t specify how long it would defer action, a spokesperson said.
Don’t try to expand state authority to VoIP and wireless, industry warned the Iowa Utilities Board in Friday comments in docket NOI-2021-0002. IUB Chair Geri Huser said in December the agency plans to finalize a draft bill on telecom statutory changes for the 2023 legislative session, while pushing back on industry concerns the state commission is angling to expand its telecom authority at a December meeting (see 2112130049). A revised draft released last week fails to address industry concerns, commented Lumen, warning the IUB to expect opposition. One problematic section may allow the IUB to determine a service is an essential communication service and broadly regulate it, Lumen said. Another part includes VoIP as a telecom service that the board can regulate, despite the 8th U.S. Circuit of Appeals finding VoIP is an information service, it said. And Lumen raised concerns with the draft possibly allowing investigations into whether an interexchange carrier is providing any service in a nondiscriminatory fashion. "Lumen is not aware of a nondiscrimination requirement associated with broadband services, and any attempt to regulate service quality of broadband services would face an inevitable court challenge.” Proposed complaint rules may exceed IUB jurisdiction, said CTIA: Mandatory administrative assessments "would disproportionately burden wireless providers." The draft could “subject VoIP and wireless to regulation by the IUB in a manner that is preempted by federal law,” warned AT&T, which also cited the 8th Circuit. “Wireless services have been deregulated in Iowa since 1986, and VoIP has never been regulated in Iowa.” Keep that deregulation going, agreed Verizon. "As there does not appear to be any evidence that the statute and rules are not working as currently written and with no deadline mandate, we ask that the Board take the time and careful consideration necessary to work through the implications of these sweeping changes.” The Iowa Association of Municipal Utilities also opposed the board expanding regulatory authority. The IUB plans a workshop on the matter Thursday at 8 a.m. CDT.
The Supreme Court could be more likely to review laws regulating social media after the 11th U.S. Court of Appeals ruled Monday that Florida may not restrict content moderation by social media platforms. The 11th Circuit decided in a 3-0 opinion to keep a temporary ban on moderation limits but lift injunction on most disclosure rules in Florida’s law that makes it illegal for social media sites to deplatform political candidates and requires them to be transparent about policing.
An administrative law judge dismissed AT&T’s challenge of Florida Public Service Commission pole attachment rules Wednesday. The failure of AT&T’s appeal means the PSC could approve a certification to reverse preempt the FCC’s pole attachment authority as soon as its July 7 meeting (see 2205160059). The Florida commission "properly engaged in rulemaking, considered the interests of regulated entities and their consumers, made changes to the rule based thereon, and ultimately approved the Proposed Rule based on that robust process," said Florida Division of Administrative Hearings ALJ Andrew Manko. The carrier had said the PSC should explicitly use FCC rules as the default. But Manko said the PSC "reasonably chose not to include methodologies so that it could develop precedent on those substantive standards through the unique adjudicatory process mandated by the Legislature." Florida's pole attachment rules aren't "illogical, unreasonable, despotic, or arbitrary and capricious," said Manko: Nothing in the federal Communications Act Section 224(c) "requires a state to adopt a specific methodology in its rules, much less to certify that it has done so," and not adopting a specific method doesn't contravene Florida law's requiring the state rules, "even if that statute were interpreted to require compliance with the federal certification standards,” he said. The Florida commission filed the rule Thursday with the state department, and it will take effect June 8, said a PSC spokesperson: Florida still must certify its pole attachment authority to the FCC. AT&T didn’t comment.
The California Public Utilities Commission voted 5-0 to modify various account rules under the California Advanced Services Fund (CASF). Also at Thursday’s livestreamed meeting, the CPUC decided to update the California LifeLine program renewals process. Commissioners supported updating CASF program rules for the Broadband Public Housing Account, Broadband Adoption Account and Rural and Urban Regional Broadband Consortia Account in response to a $6 billion broadband package and three other 2021 state laws (see 2204140056). “To be fully and meaningfully connected to internet services, communities need not just access and affordable infrastructure, but also devices, training and support,” said CPUC President Alice Reynolds: Adopted changes will help build gap networks in low-income and affordable housing communities, train digital navigators and provide digital literacy education. Commissioner John Reynolds joined other commissioners supporting the item. “By adopting key changes to the CASF such as expanding program eligible for farmworker housing, further expansion of eligibility for low-income communities and setting a [25 Mbps download and 3 Mbps upload] speed requirement for the Public Housing Account, the CPUC will continue its mission of bridging the digital divide and advancing areas of California that have been historically unserved or underserved,” he said. The CPUC cleared the LifeLine proposed decision in a unanimous vote on its consent agenda. The adopted item in docket R.20-02-008 would comply with a 2021 state law by eliminating "use of a PIN for all renewals completed through database matching and for all participants with personal identification information on file as of the date the renewals suspension concludes," and implementing "recertification without a Commission-issued PIN for participants without a database match or personal identification information on file by" Dec. 31, 2023 (see 2203220026).
The Supreme Court might be showing interest in tech groups’ emergency appeal of a 5th U.S. Circuit Court of Appeals order allowing a Texas social media law to be enforced, said court watchers this week. Texas responded Wednesday to NetChoice and Computer and Communications Industry Association, as requested by Justice Samuel Alito (see 2205160030).
A Louisiana House panel advanced a privacy bill Tuesday to the full chamber despite continuing concerns by members and stakeholders about the comprehensive measure. The House and Governmental Affairs Committee voted 9-2 to clear HB-987 in its second hearing on the bill (see 2205110049). Noting he continues to receive comments, sponsor Rep. Daryl Deshotel (R) said he knows the bill has problems and will work on amendments before it gets to a House vote: "I don't want to pass a bill that's going to affect Louisiana's businesses in a negative way." Some changes made in the Commerce Committee -- supported by Microsoft -- went too far, said Deshotel, saying his goal is to align Louisiana with other states that passed privacy laws. The bill could have major impact for businesses, said Rep. Barry Ivey (R): “It is important that we get it right." Vice Chair Royce Duplessis (D) said he still has “questions about just what the bill does” and sees “a lot of work to be done.” TechNet and Louisiana Press Association officials testified against the bill. While praising Deshotel for working with LPA on its concerns, General Counsel Scott Sternberg said, “I still don't know what this bill does.”
State telecom industry groups seek to stop LTD Broadband from receiving promised Rural Digital Opportunity Fund (RDOF) funding in Minnesota and South Dakota. The efforts to deny eligible telecom carrier (ETC) status to the company are the latest in a growing number of state hurdles LTD faces as it tries to secure funding it preliminarily won from FCC auction. Some said the situation shows state ETC designation review’s value, but former Commissioner Mike O’Rielly said the process isn’t working.