Adam Bender

The Florida House voted 103-8 to pass a comprehensive privacy bill Wednesday with a private right of action (PRA). HB-9 sponsor Rep. Fiona McFarland (R) “stood strong against an onslaught of special interest opposition to do what is right for the people of Florida,” said Speaker Chris Sprowls (R) at the livestreamed floor session. The House bill's fate is uncertain in the Senate, which opposed including a PRA in the privacy bill that passed the House last year.

Connecticut should quickly adopt one-touch, make-ready (OTMR) so it can take advantage of coming federal broadband support, said two state offices in Tuesday comments at the Public Utilities Regulatory Authority. "Creating a streamlined and efficient broadband infrastructure deployment process is increasingly important in light of critical timelines for use of federal funding for broadband expansion,” wrote the Department of Energy and Environmental Protection's Energy and Technology Policy Bureau in docket 19-01-52RE01. Because Connecticut's telecom infrastructure "is predominantly aerial, expediting" communications attachments "will be a key component in meeting program timelines." The bureau supports adopting OTMR based on the FCC’s process, "along with a dispute resolution process to ensure accelerated timelines for attachments and reduced backlogs of application processing in order to reduce barriers to entry and increase competition" among ISPs, it said. PURA must complete setting up OTMR based on the FCC process to ready Connecticut for $100 million from the Infrastructure Investment and Jobs Act, said the Office of Consumer Counsel. PURA should oversee a speedy dispute resolution process for pole disputes, OCC added. CTIA urged PURA to adopt FCC pole attachment rules. "The FCC’s rules contain the most widely used OTMR framework in the country, including a self-help remedy; the FCC’s rules address cost allocation and have been thoroughly examined and declared compensatory; and the FCC’s rules contain dispute resolution rules that have been used to resolve more disputes than any other pole dispute resolution rules in the nation." The New England Cable and Telecommunications Association supported an FCC-based OTMR process with “modest revisions,” including shortening time frames for owners to review applications. United Illuminating supported OTMR for simple attachments only. Don’t reduce FCC time frames now, as that “can always be revisited” after the process is in place, UI said. Communications Workers of America raised safety and contractual concerns. PURA should "carefully craft any OTMR practices to be adopted so as to prevent the threatened harm to the safety and economic well-being of the workers” and possible interference with CWA’s collective bargaining agreement with Frontier Communications, the union said.

Florida House lawmakers teed up a possible Wednesday vote on comprehensive privacy legislation. Tuesday, during livestreamed floor debate, members adopted by voice an amendment by HB-9 sponsor Rep. Fiona McFarland (R) while rejecting a Democratic attempt to narrow the bill’s scope and add a right to cure to its proposed private right of action.

The Florida Public Service Commission unanimously approved a staff recommendation on pole attachment complaint rules (docket 20210137), at a livestreamed meeting Tuesday. Commissioners also voted 5-0 for a staff recommendation in a related proceeding (docket 20210138) to craft rules for pole inspections, repair and replacement, vegetation management and monetary penalties (see 2110270017). At last month’s meeting, the PSC delayed voting on the complaints item after AT&T suggested several edits (see 2202010049). As Florida PSC General Counsel Keith Hetrick suggested at the previous meeting, staff adjusted the proposed order to incorporate two uncontroversial wording changes suggested by AT&T, while rejecting the carrier’s other proposals. At Tuesday's meeting, staff adjusted the other item on repair and vegetation in response to concerns raised by Florida Power and Light. A 2021 state law required the PSC to make pole-attachment rules and reverse preempt FCC authority. “The proposed pole attachment complaints rule approved today provides better guidance for parties and gives us needed information to resolve disputes,” said PSC Chairman Andrew Fay. Each attachment rule will take effect 20 days after it's filed with Florida's State Department.

The Utah Senate voted 28-0 Friday to pass a comprehensive privacy bill, about a week after it was introduced and with the legislature planning to adjourn at the end of this week. Industry supports SB-227, which is now in the House (see 2202240003). Nebraska Sen. Mike Flood (R) doesn’t expect his privacy bill (LB-1188) to advance from committee this year but hopes it starts a conversation, Flood told the unicameral legislature's Banking, Commerce and Insurance Committee at a livestreamed hearing Monday. LB-1188 is based on last year’s Uniform Law Commission proposal that hasn’t been implemented in any state, said Flood, acknowledging business and consumer privacy advocate concerns about his bill. Indiana’s Senate-passed SB-358 might have missed a Monday legislative deadline to pass Senate bills in the House. It wasn’t on that day's House calendar. In Washington state, the House Appropriations Committee was to weigh a sweeping amendment Monday -- with a proposed revision -- to HB-1850 that would make the law contingent on the Senate’s Washington Privacy Act (SB-5062) becoming law July 31, 2023. The panel didn’t vote by our deadline. HB-1850 as modified by amendments by Rep. Drew Hansen (D) would set up a state data privacy commission to enforce rules proposed in SB-5062, which regenerated last week (see 2202250017). The amended House bill would include a limited private right of action that would allow consumers to sue only after the commission determines a violation occurred and that the consumer suffered actual damages, meaning demonstrable economic loss or physical harm. Consumers would be able to sue only if the violator fails to comply with the commission's cease and desist order, the amendment said. The amendment also would tweak the proposed commission’s responsibilities and detail a proposed annual fee on processors and controllers. The surcharge would be 0.1% of intrastate gross operating revenue, capped at $10 million yearly. The American Civil Liberties Union, longtime opponent of the Senate privacy bill, is “very concerned that the proposed amendment to HB 1850 references a version of SB 5062 that has not yet been made available to the public,” and that the amended bill could let the privacy commission decide to reject a complaint in private, emailed Jennifer Lee, ACLU-Washington technology and liberty project manager.

Privacy attorneys and consumer advocates are closely watching rulemakings and possible legislative tweaks to three state laws taking effect in the next year and half, they said in interviews. The California Privacy Rights Act (CPRA) and Virginia Consumer Data Protection Act (VCDPA) will become law Jan. 1, and the Colorado Privacy Act (CPA) takes effect July 1, 2023. More state laws are expected soon.

The Florida House may vote Tuesday on the comprehensive privacy bill by Rep. Fiona McFarland (R) that cleared the Judiciary Committee last week (see 2202240003). The House added HB-9 Thursday to its Tuesday special order calendar. The bill will be heard Tuesday, confirmed McFarland’s legislative aide Clay Gunter. In Washington state, the Senate resurrected last year’s Washington Privacy Act by Sen. Reuven Carlyle (D). After adding SB-5062 Feb. 17 to the X-File, a list of bills that won’t go to the floor, the Senate moved the bill Thursday to its White Sheet, a list of bills that the Rules Committee can consider for further action. “There are a few steps that the bill would require before it could go to the floor, but we’re monitoring any action on the bill,” emailed Jennifer Lee, American Civil Liberties Union-Washington technology and liberty project manager. Carlyle’s other bill, SB-5813, looks dead, she said. The House’s bill (HB-1850) remains alive and next needs Appropriations Committee approval. The Connecticut Joint General Law Committee on set a March 3 hearing on the state’s comprehensive SB-6 (see 2202170028).

Regulatory reviews of Apollo's buying Lumen ILEC assets are moving forward in the states. Virginia State Corporation Commission staff plans to recommend approval soon, said Hearing Examiner Ann Berkebile at an evidentiary hearing livestreamed Thursday. The companies expect to finish getting state approvals in the first half of this year, they told the FCC this week.

Tribes and local governments are key to closing the digital divide, California Public Utilities Commission members said at a livestreamed meeting Thursday. The CPUC voted 5-0 to adopt a plan to set up a $50 million grant program to provide California Advanced Services Fund technical assistance to local agencies and tribal governments (see 2201240019). Gov. Gavin Newsom (D) ordered the assistance program as part of California’s $6 billion broadband law last year. "The importance of local development and local ownership of broadband networks and closing the digital divide cannot be overstated,” said Commissioner Darcie Houck. "This decision will help support the crucial role of public actors to step in and bring this essential service to all Californians. Local networks will also bring much-needed competition to internet service markets." The decision recognizes the “vital role” of localities in expanding services, said CPUC President Alice Reynolds. "My hope is that this grant program will jump-start a new generation of public networks in this state, networks not guided by profit but by providing the highest quality service to their communities.” Wednesday, CPUC Administrative Law Judge Robert Haga denied USTelecom’s motion to become a party in the commission’s inmate calling services proceeding. “The motion does not fully disclose the person or entities making the motion,” and USTelecom failed to state “the factual or legal contentions it intends to make and show that the contentions will be reasonably pertinent to the issues already presented,” Haga wrote in docket R.20-10-002: “USTelecom may seek party status in the future through a motion that complies with our rules.” The association didn’t comment Thursday.

The Wisconsin legislature passed a broadband bill that would narrow what areas may receive grants but not limit by speed what projects could get money. The Assembly voted 60-36 Wednesday after the Senate voted 20-12 last week for SB-365. It would direct the Public Service Commission to focus its broadband grant program on unserved areas where no provider has service with 100 Mbps download and 20 Mbps upload speeds, though a Senate amendment removed language to restrict grants to projects not capable of 100/20 Mbps, according to a summary. The Senate amendment also removed a prohibition of awarding grants to projects that don’t include at least 40% matching funds, and it deleted a proposed mechanism for the PSC to collect broadband data from ISP grantees to develop and maintain a state map. SB-365 still needs the governor’s signature. Also Wednesday, Arizona lawmakers supported making a state broadband office. The House voted 46-13 Wednesday to send HB-2678 to the Senate. The House Commerce Committee unanimously cleared the bill last week (see 2202160015). The Iowa House voted 93-4 for HB-2296 requiring municipalities to provide nondiscriminatory access to right of way and municipally owned conduit to install broadband infrastructure. It goes to the Senate.