Adam Bender

A West Virginia Senate panel considered but decided against removing mapping requirements from a bill meant to increase state control of broadband deployment as federal dollars roll in. At a livestreamed Wednesday meeting, the Economic Development Committee unanimously approved the House-passed HB-4001, sending the bill to the Finance Committee. Sen. Eric Tarr (R) proposed amendments, including to remove requirements to map poles and right-of-way disturbances, after Economic Development Department officials testified they could cost $2 million and would duplicate existing work. Tarr said he was wary of "potentially creating some overregulation that could decrease the speed of deployment” and add unnecessary cost. But Tarr withdrew his amendment after HB-4001 sponsor Del. Daniel Linville (R), showed up late to the meeting to defend his bill. Linville said a recent Facebook fiber project in West Virginia faced hurdles because the National Historic Preservation Act required proof of prior disturbance. Mapping disturbances could expedite future projects, he said. Mapping poles would reduce cost and hassle while speeding deployment because the maps would provide ready information on poles’ ability to support attachments, he said. Tarr also proposed and withdrew an amendment to remove the attorney general from the bill, which would leave the West Virginia Public Service Commission in charge. PSC Chairman Charlotte Lane said the commission was well-equipped to handle all parts of the bill that currently includes both the AG and PSC. But Linville said the AG receives many consumer complaints and in 2015 reached a $160 million settlement with Frontier Communications (see 1512100036).

Wisconsin’s privacy bill appears dead despite passing the Assembly last month (see 2202240003). “It’s looking like the bill won’t be receiving a vote in the Senate this session,” Mark Austinson, policy adviser to HB-957 sponsor Rep. Shannon Zimmerman (R), emailed us Wednesday. “We intend to continue working on the bill and reintroduce it in the beginning of next session.” The legislature adjourns Thursday. Florida’s privacy bill also looks dead; Washington state’s bill faces a Thursday deadline (see 2203070069).

Internet industry groups condemned a Georgia social media bill Wednesday. The Senate voted 33-21 Tuesday to pass SB-393, which is modeled after Texas and Florida laws that were enjoined by federal district courts (see 2202150068). If enacted, the Georgia measure “would force social media to host state-run media like RT while denying their ability to remove other awful but lawful content,” said NetChoice Vice President Carl Szabo in a statement. “The First Amendment protects us all, including private businesses, from being forced to host the state-run content that this legislation would compel them to.” Computer & Communications Industry Association State Policy Director Alyssa Doom said “in addition to being unconstitutional, the Georgia legislation would act as a barrier for digital services trying to keep Georgians safe online.” An Ohio House committee held a hearing on the similar HB-441 Tuesday (see 2203080071). A Tennessee Senate committee Tuesday delayed until the following Tuesday two similar bills (SB-2380 and SB-2161). “We urge legislatures across the country to reject these bills, which conflict with the First Amendment by forcing private companies to carry speech,” said Doom. The Alaska Senate State Affairs Committee plans to mull a social media bill (SB-214) Thursday at 3:30 p.m. EST.

The New Jersey Board of Public Utilities voted 5-0 to add cable service-quality rules, at a webcast meeting Wednesday. The board approved final readoption of the state’s Administrative Code Title 14 Chapter 18 rules for cable TV with substantial changes, including new required metrics and reports, changes to pole attachment rates and public, educational and government (PEG) access channel rules, and tougher enforcement (see 2108180051). The rules had been set to expire March 29. Cable operators fought additional requirements proposed in docket CX21010010, citing competition from over-the-top streaming services (see 2112060032 and 2111030030). "Perhaps there won't be so much competition with streaming if they ... follow these great consumer service rules,” Commissioner Mary-Anna Holden said at Wednesday’s meeting. Commissioner Bob Gordon said he was glad to ease consumers’ difficulties with cable customer service: "This is one area where we really can have an impact on so many households." Charter declined to comment. Comcast didn't comment.

Tennessee bills to modify the 2018 small-cells state law could soon get floor votes. Localities and the wireless industry support the proposal, advanced Tuesday in the Senate, that would increase locality fees allowed for 5G deployments. At other Tuesday hearings, Tennessee legislators advanced broadband and telehealth bills.

The Florida House’s privacy bill might have hit a dead end in the state Senate. With lawmakers set to adjourn Friday, Rep. Fiona McFarland (R) legislative aide Clay Gunter told us Monday he doesn’t expect any more movement on HB-9, which passed the House last week by a wide margin (see 2203020069). The bill is now in the Senate Judiciary Committee, but the panel hadn’t scheduled HB-9 for hearing as of Monday. Senate President Wilton Simpson (R) and Judiciary Chairman Danny Burgess (R) didn’t comment. A Florida Senate privacy bill (SB-1864) hasn't moved since it was introduced Jan. 18. The chambers couldn't agree last year on enforcement. Wisconsin and Washington state privacy bills face Thursday legislative deadlines. In New York state, Attorney General Letitia James (D) listed data privacy and other internet-related problems Friday as the top consumer complaint she got last year, with more than 8,000 such complaints filed. Citing the AG list, New York Senate Consumer Protection Chairman Kevin Thomas (D) said Monday he will advocate to pass his privacy bill (S-6701). “New Yorkers should not have to sacrifice their safety or privacy when engaging in the digital world,” he said. Thomas’ committee cleared S-6701 last month (see 2202080051).

The West Virginia legislature passed an emergency communications bill to set up a commission to study implementing next-generation 911 for the state. The Senate voted 33-0 Monday for the House-passed HB-4282. The commission would have to complete a preliminary report by Dec. 31 and a final report by June 1, 2023. "The growing use of cellphones and VoIP devices has made traditional 911 services less reliable because they do not show the location of or information about the caller,” said sponsor Sen. Mark Maynard (R) at the livestreamed floor session. HB-4282 will become law if Gov. Jim Justice (R) signs. Friday in Illinois, the House voted 103-0 for HB-5502 to require that multi-line telephone systems and other services route 911 calls to the correct jurisdiction. It goes to the Senate. Also that day, the Hawaii House unanimously sent the Senate HB-1980 to permit but not require Medicaid, health insurers and others to cover telephonic behavioral health services.

A federal court said it’s precluded by the Tax Injunction Act (TIA) from reviewing Maryland’s digital ad tax. But U.S. District Court in Baltimore may review a challenge to an amendment to the Maryland Digital Ad Tax Act (Data) that prohibited companies from passing the tax’s cost onto consumers, said Judge Lydia Griggsby in a Friday order in case 21-cv-00410-LKG. Plaintiffs indicated they will fight on.

New York’s affordable broadband law “regulates broadband rates” even though the state lacks authority, former FCC members Ajit Pai (R), Mike O’Rielly (R), Mignon Clyburn (D) and Jonathan Adelstein (D) told a federal court. The 2nd U.S. Circuit Court of Appeals received amicus briefs Wednesday supporting ISP associations that challenged the state law, enjoined by a lower court, that would require $15 monthly plans (see 2202230067). New York’s law “sets a price ceiling for two levels of broadband service … and price caps have been one of the main methods for regulating the rates charged for communications services in the United States,” the ex-commissioners wrote in case 21-1975. It may regulate rates only for New York households, but “this does not transform quintessential rate regulation into something else.” Broadband classification is irrelevant, the ex-commissioners said. “While much ink has been spilled debating whether broadband is an information service” regulated under Title I of the Communications Act or a telecom service under Title II, “that question does not determine the proper resolution of this case. Whatever the answer, broadband remains an interstate communications service, and broadband rates may not be regulated by state governments.” Lawful ways exist for states and the federal government to subsidize broadband for low-income households, the ex-commissioners added. One example is New York Gov. Kathy Hochul’s (D) $1 billion ConnectAll effort, which includes encouraging signups for the federal affordable connectivity program, they said. Others agreed. New York’s law “is not only preempted by federal law but unnecessary and counterproductive,” NCTA said. The Competitive Carriers Association said it “constitutes direct rate regulation of an interstate communications service.” The U.S. Chamber of Commerce, TechFreedom and Digital Progress Institute also urged the court to uphold the injunction by U.S. District Court in Central Islip, New York.

Utah could be the fourth state with a comprehensive privacy law. The Senate voted 25-0 Thursday to concur with House amendments to SB-227. In Connecticut, a privacy bill (SB-6) got thumbs up from Microsoft, Consumer Reports and the state attorney general’s office at a livestreamed hearing Thursday. Comcast and TechNet said the bill would be mostly interoperable with other state laws, but suggested some edits.