Adam Bender

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."

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.

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.

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."

California regulators scaled back price and speed requirements proposed for a $2 billion last-mile federal funding account (FFA) required by the state’s $6 billion broadband law. The California Public Utilities Commission voted 5-0 at a livestreamed Thursday meeting to adopt CPUC President Alice Reynolds’ revised proposed decision released Wednesday.

The Florida House voted 70-38 to remove an exemption for theme park owners from its social media law. Many Democrats voted no while loudly demonstrating against redistricting bills passed earlier that day. SB-6 “is the bill repealing the carveout that every Democrat voted to oppose last year,” said Rep. Alex Andrade (R) before the webcast vote. The Senate passed it Wednesday, a day after Gov. Ron DeSantis (R) asked legislators to remove special districts and privileges for Disney in Florida in response to the company’s opposition to HB-1557, what opponents call the “Don’t Say Gay” law (see 2204200047). The governor’s office didn’t comment on when DeSantis would sign. Oral argument is scheduled for next Thursday on the underlying social media law at the 11th Circuit U.S. Court of Appeals. With Congress not passing any “meaningful” online content regulations, “state governments have begun experimenting with ways to regulate online expression,” said a University of North Carolina Center on Technology Policy report released Thursday. “On the right, legislators have introduced dozens of bills addressing what they see as problematic online censorship. On the left, legislators have introduced a series of bills addressing what they see as harmful online content. Yet, state legislation from both Democrats and Republicans faces significant legal and practical challenges, limiting the efficacy of state government reform efforts to date.” Asked Thursday about his support for the amended bill, FCC Commissioner Brendan Carr disputed that the removal of the theme park exemption was a response to Disney’s political speech. The proclamation calling for a special session to amend the bill frames the change as a response to the courts criticizing the original legislation for giving Disney special status, Carr said on a press call. “Eliminating that legal vulnerability made sense,” he said.

The Oregon Public Utility Commission will open a rulemaking to update state USF rules. Commissioners voted 3-0 Tuesday to adopt staff's recommendation in docket AR 649. Telecom industry groups gave mixed reviews last month to the PUC’s plan to adopt a CostQuest model to decide the size of the Oregon USF (OUSF) starting Jan. 1 (see 2203310040). Deciding to issue an NPRM is merely a “jumping-off point” for the rulemaking, reminded Chair Megan Decker at Tuesday’s virtual PUC meeting. The PUC signed a contract earlier in the week to use a CostQuest model, said PUC senior telecom analyst Nicola Peterson. But the proposed NPRM is a framework to move forward while allowing input, she said. "I don't think putting it off is going to help make it an easier process." The Oregon Telecommunications Association doesn’t want to open a rulemaking that says the PUC will use a model when it doesn’t yet understand the model’s potential results, said OTA attorney Rick Finnigan: The PUC should take more time. "This is important and we need to get it right," he said. The Oregon Cable Telecommunications Association supports moving forward because it thinks the proposed framework is “flexible enough” to let parties work with the model, said Davis Wright’s Mark Trinchero. Commissioner Mark Thompson supported moving forward, while sympathizing with OTA’s concerns. “It is resonating with me that it feels a little weird to ... adopt a rule that says we're going to use a cost model when there seems to be concerns that we really don't know what that cost model is going to produce.” Commissioner Letha Tawney said she sees “outs” for the commission if “this goes off the rails.” Concerned parties should proactively engage, she said.

Democratic and Republican Connecticut senators supported privacy legislation Wednesday. The Senate didn't vote by our deadline on the comprehensive SB-6, but it was widely supported during debate. Modeled after Colorado’s privacy law, the Connecticut bill would next need a House vote. "Technology advances faster than our ability to regulate it, and this will be a constant process to make sure that we're getting it right,” but it's important now to protect consumers, said SB-6 sponsor and General Law Committee Chairman James Maroney (D) at the livestreamed floor session. Committee ranking member Kevin Witkos (R) supported the amended bill, saying it’s “absolutely the case” that SB-6 is consumer-friendly. It’s like Colorado’s bipartisan-passed law but with stronger protection for children, he said. Witkos said he opposed an earlier version at committee stage because of “too many concerns” from industry, but Maroney addressed “99%” of those issues. Sen. Ryan Fazio (R) praised how Maroney balanced rights for consumers and small businesses. The amended SB-6 would be enforced by the state attorney general. If enacted, the proposed law would take effect July 1, 2023, and require a 60-day right to cure through Dec. 31, 2024, said Maroney: After that date, it would be up to the AG to decide whether to provide a cure period. After Jan. 1, 2025, companies would have to honor global opt-out signals from browsers, he said. The privacy bill cleared the Appropriations Committee earlier this week (see 2204190015).