Industry urged California’s fledgling privacy agency to narrow the scope of automated decision-making (ADM) protections under the California Privacy Rights Act (CPRA). On the first of three days scheduled for virtual stakeholder sessions, multiple tech groups Wednesday urged the California Privacy Protection Agency (CPPA) to focus regulation on fully automated systems that could have “legal or similarly significant effects” for consumers. A consumer privacy advocate said that’s too narrow, and others urged CPPA to specifically tackle unfair bias and discrimination.
MONTGOMERY, Ala. -- Federal judges pushed attorneys into overtime at an 11th U.S. Circuit Court of Appeals oral argument Thursday on tech companies’ challenge to Florida’s social media law. Asking the most questions by far, Judge Kevin Newsom dug into Florida’s arguments for why the state may regulate social networks. However, Judge Ed Carnes seemed to dismiss looking at Florida’s motivations through lawmaker and governor statements.
The Minnesota Public Utilities Commission could set broadband service standards, under a bill considered Wednesday by the state's House Commerce Committee. The panel heard testimony but didn’t vote on HF-4455 at a webcast hearing. Republicans said the market is competitive and disagreed with increasing regulation. Communications Workers of America, which is pushing a model bill in multiple states to give utility commissions more authority, supported the bill (see 2104120051).
Reject cable opposition to a digital equity bill that would require the California Public Utilities Commission to adopt rules on equal access to broadband, said former California Senate Majority Leader Richard Polanco (D) Tuesday. The Assembly Judiciary Committee advanced AB-2753 to the Appropriations Committee later at the livestreamed hearing. “The cable industry has a place and is a stakeholder,” but “we are facing incredible disproportionate impacts in our local communities,” said Polanco, representing the California Emerging Technology Fund. “The data is very clear that there is a red line” in broadband deployment, he said. California Cable and Telecommunications Association Vice President-Governmental Affairs Bernie Orozco responded, “No one has done more for broadband deployment and adoption than the cable industry.” Polanco’s redlining claims are “upsetting,” he said. “I would love to see the studies that show that there is redlining.” CCTA says AB-2753 could lead to much litigation and duplicates existing FCC and CPUC proceedings (see 2204070028). Incumbent ISP opposition is typical, said committee Chair Mark Stone (D). "The providers cannot sit there and say we're doing everything when in fact they've been for years blocking a lot of these efforts to truly get broadband where it’s needed the most."
Connecticut pole owners and users sought some changes to the Public Utilities Regulatory Authority’s one-touch, make-ready proposal, in Monday exceptions filed before a hearing scheduled for Friday. PURA proposed FCC-like state rules earlier this month (see 2204120044). "While adopting OTMR is a positive development that will surely speed broadband deployment throughout Connecticut, another step is needed,” said CTIA in docket 19-01-52RE01. “The Authority should adopt self-help provisions for wireless attachments." Otherwise, PURA “runs the considerable risk of having to reopen this docket yet again if it finds that its solution to landline deployment delays has given rise to delayed wireless deployment,” CTIA said. The New England Cable and Telecommunications Association (NECTA) asked PURA to clarify “cost sharing to ensure that pole owners do not improperly delay correction of code violations or pole maintenance work required for the pole owners’ and single pole administrators’ (SPAs) own service requirements, resulting in unnecessary broadband deployment delays and unfair cost shifting to attachers.” Also, make clear that attachers have pre- and post-complaint discovery rights like under the FCC regime, “shorten the timeline for claims arising from denials or delays of access to facilities,” and “clarify that an existing attacher has a right to move its own facilities before OTMR work commences,” NECTA said. Several groups, including NECTA, Crown Castle and two Connecticut agencies, separately urged PURA to allow a field-side attachment process called “boxing.” The Office of Consumer Counsel and Department of Energy and Environmental Protection wrote, “Limiting this practice could result in inhibiting competition and higher construction costs, reducing the ability to serve the Connecticut consumers that currently have no access to broadband." Continuing to raise safety and collective bargaining issues, Communications Workers of America urged PURA to delay OTMR implementation “until after the conclusion of a thorough formal investigation of the safety issues and concerns." Eversource Energy urged PURA to give parties a reasonable amount of time to implement OTMR. Don't fine United Illuminating for a third party's failure to comply with the order, UI said.
The Oklahoma USF (OUSF) administrator expects to seek a 34% increase to the connections-based surcharge, to about $1.53, said Oklahoma Corporation Commission (OCC) Telecom Coordinator Mark Argenbright at a virtual workshop Tuesday. Increased support is needed to fulfill demand from transferring remaining support in the former high-cost fund to OUSF, increased demand for primary OUSF support, and an ongoing funding deficit for previously granted support, said a document displayed at the meeting. Oklahoma implemented connections-based contribution in November. Other states that adopted the method have had unstable surcharges, and the possible Oklahoma increase might show the same happening here, said Director-State Regulatory Benjamin Aron. If the OCC had kept a revenue-based method, the surcharge would have jumped to more than 17%, from about 6.3% before the commission shifted to connections, noted Argenbright. The OCC aims to propose statutory language to shift OUSF’s mission to broadband in time for the 2023 legislative session, he said. It’s an odd time to repurpose USF for broadband, considering so much federal money is flowing into the state, said Aron. It seems premature to talk about writing a OUSF bill to support broadband without a better understanding of what will happen with federal dollars, agreed Bill Bullard, attorney for Consolidated Communications and other rural LECs. The OUSF administrator is "sensitive" to other sources of broadband funding and gets that coordination will be needed with the newly formed state broadband council, said Argenbright: Talks to develop an OUSF revamp bill should continue.
An eleventh-hour amendment won’t help Florida overcome constitutional problems with its law making it illegal for social media sites to deplatform political candidates and requiring them to be transparent about policing, and could even help tech industry challengers' case, opponents of the law said Monday.
Federal and state lawmakers are looking for new ways to tighten robocall restrictions amid an evolving landscape, but experts told us it’s still challenging for governments to keep ahead of bad actors. Some on Capitol Hill are hoping to quickly enact a new anti-robocall package this year, despite a rapidly closing legislative window. State legislators are acting in case federal legislation stalls. Robocall opponents must “press on every front,” said North Carolina Attorney General Josh Stein (D) in an interview: He believes stopping bad actors requires state and federal collaboration, and should include industry and other countries.
Arkansas could use part of a $1 billion surplus expected by June 30 for broadband, Gov. Asa Hutchinson (R) said on a webcast news conference Friday. Other options for the state surplus include schools and tax relief, said Hutchinson: specific amounts haven't been determined. The governor said state Commerce Secretary Mike Preston will work with the legislature to revise state broadband funding rules per recommendations in a state report released earlier in the week that found Arkansas can bring broadband to 110,000 unserved homes that don’t currently receive Rural Digital Opportunity Fund support (see 2204190020). Revised rules would aim to increase competition for grants and provide more accountability, Hutchinson said. Also, Arkansas plans to “strengthen” its state broadband office, he said. Praising the report’s recognition of fixed wireless, Hutchinson said “flexibility is important and necessary.” The report estimated it would be feasible to extend fiber to all 110,000 unserved locations for $500 million, said Preston. Hutchinson urged the U.S. government to expedite deployment in the federally funded areas. "Under the current federal rules, 90% of the census blocks in Arkansas are covered by the federal programs and they're exempt from our ability to accelerate those,” he said. “Providers have six years to roll out that broadband,” said the governor. "That's a long time. That's not as fast as I would like it to go."
State engagement in antitrust cases has “significantly increased because of Big Tech,” Nebraska Attorney General Doug Peterson (R) said at a Nebraska Governance and Technology Center conference livestreamed Friday. With increasing interest in tech litigation and legislation, states should seek to avoid unintended consequences, warned academics and industry officials.