The 4th U.S. Circuit Court of Appeals returned a U.S. Chamber of Commerce challenge of Maryland’s digital ad tax to a state district court. In an opinion Wednesday (case 22-2275), the appeals court agreed with the U.S. District Court in Baltimore (case 21-cv-00410) that the Tax Injunction Act (TIA) prevents federal courts from reviewing the tax. However, it disagreed that a decision on the constitutionality of a related pass-through ban was moot.
The COVID-19 pandemic exacerbated existing workforce problems at emergency call centers, said Tina Buneta, 911 director for Aurora, Colorado, during a National 911 Program webinar Tuesday. “We were already struggling in the 911 profession,” with a 14%-17% average national turnover rate going into 2020, she said. Without much investment in 911, there was a culture where professionals took on more "disempowered behaviors,” Buneta said. The pandemic brought a "great reassessment" of priorities for 911 telecommunicators, she said. Upset with negativity and seeking more time with family, many exited the profession, said the 911 director: The exodus reduced service levels and increased wait times for callers. Aurora responded by seeking to better understand workers’ stress and planning how to meet their essential needs, Buneta said. Emergency call centers should offer fair compensation, flexible hours, an inclusive culture, and psychological and other support, she said. Aurora increased salaries roughly 63% over three years after realizing it was benchmarking pay against rural areas with lower costs of living, she noted. Also during the webinar, North Carolina and Minnesota officials described recent successful recruitment campaigns. Responding to 911 centers' reports about reduced job applicants after COVID-19, the North Carolina 911 Board launched a recruitment campaign on TV, streaming video and online, said Education and Training Coordinator Angie Turbeville. Now more are applying for jobs, and existing 911 telecommunicators have praised the increased awareness brought to their profession.
The Nebraska Public Service Commission cleared about $20 million for high-speed internet projects through the Nebraska Broadband Bridge Program. Commissioners voted 4-0 at a livestreamed meeting Tuesday, with one member absent, for an order approving grants (docket C-5484). Awarded projects will mostly connect unserved areas, said PSC Telecom Director Cullen Robbins. Projects must be completed by July 9, 2025, said the order. Hartelco received the most funding ($7.2 million), followed by Glenwood Telecom ($3.5 million), Pinpoint Communications ($2.6 million) and Cox ($2.4 million). Commissioners voted 3-1 to keep Dan Watermeier (R) as PSC chair. Commissioner Kevin Stocker voted no and Commissioner Christian Mirch was absent. The commission censured Stocker and Mirch last year for alleged, but not disclosed, misconduct (see 2310030043).
New Jersey legislators passed a comprehensive data privacy bill and proposed telephone line abandonment rules during floor sessions Monday. The Assembly voted 47-27 to pass S-332 after substituting into the bill language from A-1971. The Senate voted 34-1 for A-1100, which would require removing phone and cable lines that don’t terminate at both ends to equipment or to a customer premise, aren't in a safe condition or haven’t been operated for at least 24 consecutive months. The state privacy bill will “protect for the first time in New Jersey history our citizens’ and our children’s data, including personally identifiable information and sensitive data, and join the dozen-plus states that have beaten us to it,” said Assembly Judiciary Committee Chairman Raj Mukherji (D), who sponsored A-1971. “With no comprehensive federal framework to address this, unlike in Europe, it’s fallen to the states to fill the gaps and protect our citizens’ data.” Mukherji highlighted the bill’s inclusion of a universal opt-out mechanism, which would support using a browser plugin or setting to opt out of many sites. The Assembly adopted amendments to the privacy bill at a Dec. 21 floor session. Changes include clarifying that a controller isn’t required to authenticate opt-out requests and that the consumer’s option to opt out applies to data selling or targeted ads, according to a floor statement. Also, the amended bill extended the deadline for controllers to comply to six months from four. In addition, lawmakers added an exemption for data subject to the Gramm-Leach-Bliley Act. The Assembly Judiciary Committee passed A-1971 in December (see 2312180067), many months after the Senate approved S-332 last February (see 2302030065). Consumer Reports believes "the bill improved substantially as it has moved through the legislative process," said CR Policy Analyst Matt Schwartz. "The bill now includes baseline consumer privacy protections" and a universal opt-out mechanism that will make it "far more usable for consumers than what was previously being considered," he said. However, "we see room for improvement, particularly relating to the bill's data minimization and enforcement provisions." The Assembly passed the line abandonment bill last March (see 2303010017). The New Hampshire House last week completed a comprehensive privacy bill (SB-255). It passed the state's Senate last March (see 2303170035). The House Judiciary Committee amended and advanced the bill in November (see 2311080062).
An Ohio law requiring age verification to access social media runs afoul of the U.S. Constitution, NetChoice said Friday. The tech industry group asked the U.S. District Court for Southern Ohio to block the 2023 law from taking effect Jan. 15. Ohio Lt. Gov. Jon Husted (R) lambasted the lawsuit as “cowardly but not unexpected.” Passed as part of Ohio's 2024-25 budget, the state law requires verifiable parental consent before kids under 16 can access social media (see 2307050064). Husted championed the measure (see [Ref:2303090051). Requiring Ohioans to submit sensitive personal data to age-verification services before they can share and receive information online violates the First Amendment, NetChoice argued. Also, the state law is too vague because it imposes a parental consent requirement for the internet broadly, the group said. And NetChoice complained about unclear definitions and descriptions in the law. “The law simply requires parental consent before children under the age of 16 sign up on social media and other online platforms,” Husted responded in a statement Friday. “In filing this lawsuit, these companies are determined to go around parents to expose children to harmful content and addict them to their platforms.” Ohio Attorney General Dave Yost (R) didn’t comment by our deadline.
“A fluke event outside of Lumen's control” resulted in a nearly statewide 911 outage in Nebraska four months ago, the telecom company’s attorney Katherine McNamara said during a Nebraska Public Service Commission hearing Thursday. During the livestreamed session, Lumen and 911 officials said the outage resulted from contractors' accidental fiber cuts: The first occurred in Minneapolis Aug. 30 and the second in Omaha Aug. 31. The 911 outage lasted from the evening of Aug. 31 until early morning the next day (see 2309010021).
It's possible some states will miss Wednesday's filing deadline for NTIA’s broadband, equity, access and deployment (BEAD) program, Incompas CEO Chip Pickering said Thursday in an interview. However, he said he remains optimistic about the BEAD program’s future. “It will have some failures, a lot of success, and overall, it will move the country ahead.”
Altice urged the New Jersey Board of Public Utilities to quickly OK a settlement resolving the board’s service quality probe. The settlement has Altice pledging to spend $11 million on its network and making other broadband adoption, network resiliency and customer service commitments. “It’s an important settlement” for local governments, said Best Best attorney Gerard Lederer, who represented Piscataway, New Jersey, in the proceeding.
Wisconsin state legislators should greenlight a new grant program supporting migration from the state’s “woefully outdated” emergency call system, Wisconsin State Telecommunications Association Executive Director Bill Esbeck said Wednesday during an Assembly State Affairs Committee hearing. The committee mulled AB-356, which directs the Wisconsin Department of Military Affairs to award grants that reimburse next-generation 911 (NG-911) costs of ILECs acting as originating service providers. Covered costs would include IP-based transport, database management and the purchase, installation and maintenance of equipment. The bill would limit the department from awarding more than one grant per ILEC per fiscal year. The state’s current 911 fund, which gets revenue from a 75-cent monthly charge on customer bills, will provide enough money but doesn’t allow cost recovery after the NG-911 transition, said Esbeck. He said that five of 72 Wisconsin counties have connected to the state’s emergency services IP network, but ILECs in those places have yet to cut over to it. Wisconsin’s 2023-2025 biennial budget restricted diverting 911 fee revenue for unrelated purposes, Esbeck noted. In 2009, the state renamed its 911 money as a “police and fire protection fund” and diverted cash to a general fund, he said. The new grant program would support NG-911 only, said AB-356 sponsor Rep. Tony Kurtz (R). While future legislators or governors could change state law to resume 911 fee diversion, “I think everybody in the state understands how important this is,” he said. “We’d be very foolish to change that.”
The New Jersey Board of Public Utilities unanimously agreed Wednesday to submit to NTIA both volumes of the state’s initial proposal for the broadband, equity, access and deployment (BEAD) program. Meanwhile, with the filing deadline one week away, Wisconsin submitted its plan Wednesday and California signaled it will follow soon. Also, at the livestreamed New Jersey BPU meeting, commissioners voted 4-0 to kick off the statewide franchise renewal process for Altice’s Cablevision.