A deadlocked 2-2 FCC probably means “stalemate on local preemption issues,” said Spiegel McDiarmid local government lawyer Tim Lay on a NATOA webinar Monday: “The commission can’t do nearly as much preemptive damage to local government authority as the past commission has for the past four years.” Lay noted the chair could still exert some influence through staff decisions and the agency’s positions on litigation. A split commission is probably better for local governments than the 3-2 GOP body, agreed Kitch attorney Mike Watza -- unless industry treats the stalemate as no cop on the beat. Even in a 2-2 commission, the Democratic chair can change advisory committees’ charters and memberships, said National League of Cities Legislative Director Angelina Panettieri. With Commissioner Jessica Rosenworcel likely to be chair at least on an interim basis, expect more emphasis on the homework gap, digital equity and consumer protection, Panettieri predicted: “One of the things that Biden folks have made clear is they really want to focus on equity.” That might mean closer looks at affordability and competition in urban and suburban areas, “and hopefully ... reversing preemption of municipal broadband.” Lay sees possible agreement on many spectrum issues and some broadband and mapping issues, but likely disagreement on any new requirements for providers.
Some lawmakers will seek passage of state net neutrality laws, even with President-elect Joe Biden in the White House next year. Federal rules are no sure thing, despite Biden’s support, Democratic state legislators who introduced bills in the past said in recent interviews. Other Democrats said they feel less pressure now.
An amended New Jersey small-cells bill cleared the Assembly Telecom Committee 8-0 Thursday. The New Jersey League of Municipalities is neutral on A-1116 to streamline 5G deployment by preempting local governments in the right way, said Associate General Counsel Frank Marshall at the livestreamed virtual hearing. Sponsor Assemblywoman Carol Murphy (D) said she spent many hours “fine-tuning” the bill since last year’s attempt. If New Jersey wants smart cities that attract and keep businesses, “we have to make sure we have the infrastructure,” she said. Committee Vice Chair Clinton Calabrese (D) noted he received calls from mayors concerned that new poles will go up unnecessarily. AT&T outside counsel Andy Emerson assured him that's addressed in talks with the municipal league and New Jersey Conference of Mayors. The carrier, CTIA and ExteNet testified in support. Local Progress urged localities to fight preemption laws.
National telecom industry groups balked at a California plan to revive and require the FCC’s voluntary Keep Americans Connected pledge with no sunset. The California Public Utilities Commission lacks authority to stop disconnections for nonpayment and late fees amid the pandemic, said VoIP, wireless and wireline companies in Wednesday comments emailed to the service list for R.18-03-011. They said they still voluntarily help customers despite the FCC pledge having ended June 30.
Frontier Communications got another state OK for its bankruptcy reorganization. The Mississippi Public Service Commission voted 3-0 Tuesday to adopt an order clearing the deal. The PSC recognized the deal is in the public interest, a Frontier spokesperson emailed. “We look forward to working to secure our remaining state approvals in California, Connecticut, Pennsylvania and West Virginia.” Also at the webcast meeting, commissioners unanimously supported the PSC entering into talks with the NTIA on the national broadband availability map (see 1910180017). “It presents an opportunity for Mississippi to have state-specific data that we are able to either upload ourselves or have carriers upload to help clear up some of the interim problems that we know exist with mapping right now,” said Commissioner Brandon Presley (D).
Facebook is the subject of antitrust lawsuits from the FTC and attorneys general of both parties from 46 states, Guam and Washington, D.C. The FTC and AGs alleged separately Wednesday in the U.S. District Court in Washington that Facebook committed illegal, anticompetitive behavior in the social media market (see 2012090042). Lawmakers from both parties praised the suits. Facebook said government shouldn’t get a “do-over” on approved acquisitions and the company will defend itself.
Two California lawmakers with competing broadband bills last session will co-author a single bill to revamp and fund the California Advanced Services Fund (CASF). Sen. Lena Gonzalez (D) Monday introduced SB-4 (see 2012030032). Gonzalez’s previous bill stalled in the Assembly, where member Cecilia Aguiar-Curry (D) had a different CASF bill (see 2008310034). "We each made great individual progress this year in building support for universal connectivity in, and funding for, both urban and rural communities,” said Aguiar-Curry. “Together ... we will deliver a 21st Century program that will support advances in distance learning, telehealth services, remote work, and small business.” Other supporters, all Democrats, include Senate Majority Leader Robert Hertzberg; Sens. Mike McGuire, Scott Wiener, Anna Caballero, Henry Stern, Nancy Skinner and Maria Elena Durazo; and Assembly members Buffy Wicks, Eduardo Garcia, Lorena Gonzalez, Luz Rivas and Wendy Carrillo. SB-4 would require the California Public Utilities Commission prioritize projects in unserved areas with at most 10 Mbps download and 1 Mbps upload speeds, with a goal of upgrading those places to at least 100 Mbps downstream. It would remove the existing 2022 funding sunset on CASF and require a maximum surcharge of 23 cents monthly per access line. The CPUC raised the CASF surcharge to 1.019% of intrastate revenue in October. The California Cable & Telecommunications Association has no position yet. It looks forward to working with Gonzalez "on broadband policy that will benefit all Californians," emailed CCTA President Carolyn McIntyre.
Five states diverted more than $200 million of 911 fee revenue -- about 6.6% of all such money -- for unrelated purposes in 2019, the FCC reported Tuesday. That’s about $2 million more than the same states were reported to divert in 2018 (see 1912190077). Outgoing Commissioner Mike O’Rielly said he did what he could.
Facebook faces antitrust lawsuits from 40-plus states with attorneys general of both parties along with the FTC for allegedly illegal, anticompetitive behavior in the social media market. While the agency's chairman signed onto the litigation, fellow FTC GOP members Noah Phillips and Christine Wilson voted no. Chairman Joseph Simons joined the agency's two Democrats voting yes.
Colorado and Pennsylvania agencies urged caution as the FCC weighs how to deter states from diverting 911 fees on consumer bills for unrelated purposes. In reply comments due Wednesday in docket 20-291, the Colorado Public Utilities Commission warned some possible solutions in the FCC’s notice of inquiry “are inappropriate in response to the issue and may cause significant harm to the cause of improving public safety communications systems for use by the public.” The FCC shouldn’t adopt too narrow a definition for diversion that might conflict with 911 surcharge laws, the PUC said. Avoid imposing penalties that further harm local 911 systems, impede upgrades or severely hurt local governments, it said. Give states flagged as diverters an appeals process and a chance to correct behavior, it said. The Pennsylvania Emergency Management Agency doesn’t support "a nationwide fixed ‘list’ of allowable 911 expenses at the federal level nor do we support a liberal application of 911 fees to all public safety functions," PEMA replied. “An approach to a national list of allowable expenditures that is more restrictive or contradicts state statutes or eligibility rules would penalize Pennsylvania 911 systems and has the potential to significantly impact 911 service.” Conditioning federal grants on no diversion is more effective when more money is at stake, PEMA said. "A large-scale federal funding program for 911, in a similar fashion to FirstNet, would serve as a strong deterrent to 911 fee diversion." The FCC hasn’t flagged Colorado or Pennsylvania as diverters. USTelecom and the Alliance for Telecommunications Industry Solutions (ATIS) discouraged requiring providers to disclose on bills that a customer’s state is a diverter. ATIS said its Network Reliability Steering Committee “strongly opposes this approach because it would put the service providers in the middle of an issue that does not directly involve them and over which they have no authority to resolve.” Local and public safety groups warned in comments last month that some ways of punishing diversion could harm 911 (see 2011030029).