NTIA gave New York approval to collect more than $664 million in broadband equity, access and deployment (BEAD) funds Tuesday. The federal agency approved volume 2 of the state’s initial proposal. NTIA has approved BEAD initial plans for 35 eligible entities. Twenty-one states and territories have volume 2 initial proposals pending approval and the NTIA expects to review most by September (see 2408010053).
North Carolina published a notice and guidelines for $86 million of available funds for high-speed internet infrastructure, the state's Department of Information Technology (NCDIT) Division of Broadband and Digital Equity announced Monday. The funding comes from the Stop-Gap Solutions program, which will provide federal American Rescue Plan Act funds as grants for counties to use as matching funds for new Completing Access to Broadband (CAB) program projects. In addition, ISPs can fund broadband line-extension projects with the money. The program will “help NCDIT leverage the remaining $283 million CAB program funds,” Nate Denny, NCDIT deputy secretary for broadband and digital equity, said. NCDIT will hold a webinar Aug. 26 at 10 a.m. for counties interested in applying for Stop-Gap Solutions program funds to assist with the CAB program county match requirement.
Georgia urged a federal district court to reject an effort aimed at overturning a 2024 state law that revises commissioner terms at the Georgia Public Service Commission. In a July 17 complaint at the U.S. District Court for Northern Georgia, the plaintiff, Georgia Conservation Voters Education Fund, said the law (HB-1312) violates the constitutions of Georgia and the U.S. The plaintiff asked the court to enjoin the state from enforcing the law in future elections. Georgia opposed preliminary injunction and urged the court to dismiss the complaint in filings Monday. The state said that HB-1312 was necessary to restore a system of staggered terms after a previous lawsuit from the same plaintiff -- claiming that Georgia PSC election methods violate the Voting Rights Act (see 2407190036) -- led to the delay of 2022 and 2024 PSC elections. “This lawsuit seeks to take Georgia’s win in … [the] first case and force a result where Georgia would still lose by being required to surrender its strong state interest in staggered terms for PSC,” the state wrote. “Those terms are specifically designed to avoid having a majority of the members up for election in the same year.” Georgia responded that the plaintiff lacks standing and fails to make a claim. The state said: The district court shouldn’t “further interfere with the state’s exercise of its constitutional authority” to determine how to run commissioner elections.
U.S. Supreme Court Justice Sonia Sotomayor asked New York to respond by Sept. 16 to ISP groups' application that would stay the state’s broadband affordability law, a text entry in docket 24A138 said Monday. Last week, New York agreed not to enforce the law while the high court considers a petition from ISP groups for a writ of certiorari (see 2408080022). The ISP groups were expected to file that petition Monday, but it didn’t appear on the court’s website before our deadline. If the court grants cert, additionally granting the stay application would stop New York from enforcing the law while justices weigh the case.
Montana will be the first state to take applications for NTIA’s broadband, equity, access and deployment (BEAD) program, Gov. Greg Gianforte (R) said Monday. The applications portal will open Tuesday at 10 a.m. MST and close on Oct. 15. “This generational investment for Montana’s communities can’t wait any longer,” Gianforte said. NTIA allocated $629 million to Montana through BEAD.
Illinois will allow counties to lease or license fiber and other broadband infrastructure for delivery of high-speed internet. Gov. JB Pritzker (D) signed SB-3173 on Friday. Counties may do so under the new law only “on a nondiscriminatory, nonexclusive, and competitively neutral basis” and must comply with all other state and federal laws and regulations, says SB-3173. No state legislators voted against the bill earlier this year (see 2404120059).
The Utah Public Service Commission delayed a hearing on AT&T’s $2.26 million overpayment to the state USF that was scheduled for Tuesday. The PSC granted AT&T’s request to postpone until Sept. 19 at 9 a.m. The carrier said last month that it was nearing a settlement with the Utah Division of Public Utilities and Utah Rural Telecom Association (see 2407110030).
California will award almost $91 million more in its fifth round of broadband grants, the California Public Utilities Commission (CPUC) announced Thursday. The commission recommended approval for projects in Marin, Mendocino, San Benito, Santa Cruz and Sutter counties, benefiting an estimated 32,000 Californians. This brings the total amount in grants CPUC has recommended to $435 million for projects in 22 counties, out of an available $2 billion from the Last Mile Federal Funding Account Grant Program (see 2407110057).
New York state will halt enforcing its affordable broadband law while the U.S. Supreme Court considers a petition from ISP groups for a writ of certiorari, the industry groups wrote to the court Thursday. CTIA, NTCA, USTelecom, ACA Connects, the Satellite Broadcasting and Communications Association and the New York State Telecommunications Association said they plan to file that petition Monday in case 24A138. Last week, the ISP groups filed an application for emergency stay of the state law at SCOTUS. In Thursday’s letter, the groups said they no longer need a ruling on that application by Aug. 15, but they can’t withdraw the request entirely because New York Attorney General Letitia James (D) hasn’t agreed to stay enforcement if the court grants cert, “absent a ruling from the Court compelling it not to enforce that law.” ISPs waited for the 6th U.S. Circuit Court of Appeals to stay the FCC’s order reclassifying broadband as Title II before appealing the 2nd Circuit’s ruling that upheld New York’s law based on a Title I regime (see 2408010065 and 2406170042). The 2nd Circuit ruled in April that federal law doesn’t preempt the 2021 New York law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2404260051). In the Aug. 2 application for stay, the ISP groups said their forthcoming cert petition “will seek review of a divided panel decision that presents fundamental questions about whether the Communications Act of 1934 preempts States from regulating rates for broadband internet access service and other interstate information services.”
Maryland digital ad tax litigation moved back to the 4th U.S. Circuit Court of Appeals. In a Tuesday order, the 4th Circuit required an opening brief by Sept. 15 from appellants U.S. Chamber of Commerce, NetChoice and the Computer & Communications Industry Association. Maryland should respond by Oct. 15, the court said. The industry groups are appealing a July decision of the U.S. District Court for Maryland, which issued its final judgment Thursday. The case went back and forth between the two courts previously, with the district court last month dismissing the remaining count of plaintiffs’ complaint (see 2407050012).