A California legislative committee cleared two parts of a proposed Democratic package to overhaul the Public Utilities Commission (see 1606270076). At a hearing Wednesday, the Assembly Utilities and Commerce Committee voted to move Democratic bills SB-215 and SB-512 to the Assembly floor. The bills already passed the Senate. Proposed reforms address “the serious problems we’ve had” with the CPUC, Sen. Mark Leno (D) said at the committee hearing. He said it provides “greater transparency” and ensures “the commission serves the people of California and not the special interests that they are intended to regulate.” Leno said additional amendments are forthcoming “as we put the final touches on the agreement and resolution that we’ve reached with the administration.” The proposal isn’t as “ambitious” as one Leno proposed last year, he noted. “This is a compromise solution. Nobody got everything, but … the administration did work with us. This is a major step forward.”

Telecom companies alleged violation of a court injunction by a division of the California Public Utilities Commission that disclosed Form 477 data to an outside consultant. The form includes information about phone and broadband deployment. U.S. District Court in San Francisco on May 20 issued a preliminary injunction temporarily banning the CPUC from disclosing confidential subscription data to third parties in a commission investigation of market competition (see 1605240014). CPUC’s Office of Ratepayer Advocates violated the injunction when it disclosed the Form 477 data to at least one third-party consultant -- Lee Selwyn, president of Economics and Technology Inc. -- claimed AT&T, Comcast, CTIA, Verizon and other industry plaintiffs in a Tuesday motion (in Pacer). Selwyn relied on the data in testimony June 1, while the injunction was in effect, they said. The telecom companies said they confronted ORA. The office didn’t dispute disclosing data to the consultant but claimed it didn’t violate the preliminary injunction. "The disclosure to a consultant who is not a direct employee of the CPUC -- and who over the course of his career has often represented Plaintiffs’ competitors and opponents -- is precisely the type of disclosure prohibited by" the FCC "that formed the basis of the preliminary injunction,” the plaintiffs said. “Even if [Selwyn] scrupulously abides by the terms of the Protective Order, he cannot ‘unsee’ the Form 477 data, and questions will invariably arise about the extent to which his future work for private parties makes use of those data, even unintentionally." The telcos urged the court to enforce the preliminary injunction and enter civil contempt sanctions against the defendants. Or the court should order the CPUC to retrieve all Form 477 data that has been disclosed to anyone not a direct employee of the CPUC, withdraw Selwyn’s testimony, bar that agency from taking any actions based on the testimony and prohibit ORA any other parties from using Selwyn as a witness in the case. ORA didn’t comment Wednesday.

Verizon said it would probably participate in a proposed Maryland communication system to facilitate the transfer of utility pole attachments. Public Service Commission technical staff recommended May 12 that all Maryland utilities participate in the National Joint Utilities Notification System (NJUNS) to enhance communications and accountability for joint operations among state utilities. In Maryland, Verizon both owns poles and attaches facilities to poles owned by others. In comments Monday in docket PC38, Verizon said it’s “willing to participate in NJUNS and work with the Commission and the industry to do so, but only if there is industry consensus to adopt NJUNS statewide.” The PSC shouldn’t “attempt to force the industry to adopt it if other significant industry members oppose doing so,” it said.

A New York bill that could have stopped diversion of the state’s 911 fee revenue failed. The legislature wrapped its session this month without bringing to vote S-6297, which would have prohibited diversion of any government funds, including 911, for purposes other than for what the fund originally was intended. The bill’s sponsor, Sen. Daniel Squadron (D), won’t be able to reintroduce the measure until January, when the legislature returns. New York and two other states that divert the most 911 fee revenue are seen as unlikely to quit the practice soon, our research found (see 1605270020). New York diverted 41.6 percent of 911 revenue, or $77.3 million, to the state’s general fund in 2014, the FCC said in its most-recent report to Congress about such fee collection.

The Electronic Frontier Foundation rejoiced Thursday as a computer-crimes bill stalled in the Rhode Island state legislature. H-7406 would have prohibited unauthorized access to someone else’s computer, computer system or network with intent to view, save or copy confidential information. But EFF and other internet freedom advocates opposed the bill, which they said is too vague, unnecessarily duplicates the Computer Fraud and Abuse Act and could have penalized innocent activity by researchers and whistleblowers (see 1606100056). The House put the measure on the calendar for a floor vote this month but postponed consideration multiple times until the bill disappeared from the list altogether. “This is good news,” Senior Staff Attorney Adam Schwartz said on the EFF blog. “But the struggle continues against other vague and overbroad computer crime laws.”

The Pennsylvania Public Utility Commission plans a hearing July 27 on Verizon’s buy of XO Communications, the PUC said in an order Wednesday. It confirmed agreements from a prehearing conference June 16. The hearing starts at 10 a.m. in Harrisburg. The PUC set an Aug. 12 filing deadline for main briefs in the matter and Aug. 24 for reply briefs. It granted petitions to intervene by Core Communications and the Office of Small Business Advocate. The commission said it encourages settlements: “The parties are strongly urged to seriously explore this possibility.” Verizon and XO had asked the PUC to skip the hearing and OK the deal Sept. 1 (see 1606160042).

The U.S. Transportation Department named Columbus the winner of its Smart City challenge. The Ohio city will receive up to $40 million from DOT and up to $10 million from Vulcan, the investment firm of Microsoft co-founder Paul Allen. That will supplement $90 million raised by the city from private partners. The city plans three electric self-driving shuttles, DOT said. “Columbus also plans to use data analytics to improve health care access in a neighborhood that currently has an infant mortality rate four times that of the national average, allowing them to provide improved transportation options to those most in need of prenatal care.” DOT selected Columbus from seven finalists, culled from 78 applications, it said.

Google Fiber’s acquisition of Webpass could put the internet company in a conflict with AT&T in California. Google Fiber agreed to acquire Webpass, a California CLEC specializing in point-to-point wireless broadband, Webpass said Wednesday. Webpass has an ongoing complaint against AT&T in the California Public Utilities Commission. The CLEC filed May 25 an application for arbitration after AT&T refused to give permission to run fiber through AT&T conduits and insert splice cases and coil loops in AT&T manholes. AT&T replied June 3 with a motion to dismiss, saying the parties’ interconnection agreement doesn't allow the kind of dispute resolution sought by Webpass. In the short term, the acquisition may not affect the CPUC proceeding, because the agency must approve the deal first and that could take time, Tellus Venture President Steve Blum emailed Thursday. Tellus consults with cities on community broadband. There could be a long-term impact from the deal “because Google has been relatively aggressive in pursuing these issues here in California, and particularly at the CPUC,” he said. “They've been trying to gain access to poles and conduits as a non-CLEC -- as a video company, under California law -- but acquiring a CLEC gives them a whole new range of options in terms of getting what they want from telcos (AT&T, mostly), cable and the electric utilities.” In California, Webpass has customers in San Francisco, Oakland, Emeryville, Berkeley and San Diego. Other markets include Boston, Chicago and Miami, Miami Beach, and Coral Gables in Florida. “Joining Google Fiber will be a great development for our users because the companies share the same vision of the future and commitment to the customer,” said Webpass President Charles Barr in the company’s blog post announcing the deal. “Google Fiber’s resources will enable Webpass to grow faster and reach many more customers than we could as a standalone company.” Webpass expects the deal to close this summer, subject to customary closing conditions and regulatory approvals, he said. Webpass didn’t disclose terms or comment on how the deal affects its complaint against AT&T. Google confirmed the deal on Twitter but didn’t comment further Thursday.

It’s the end of the line for the wireless infrastructure siting bill by California Assemblyman Mike Gatto (D), his office told us. Local government officials had bristled at AB-2788, which would have reduced local siting review for small-cell wireless infrastructure to speed deployment of 5G services (see 1606210058). A Gatto spokesman said legislators ran out of time to get it through the legislature. The session ends Aug. 31, and the legislature has a July 1 deadline for working out final policy of bills, the spokesman said. AB-2788 was to receive its first hearing on Monday, which would have left only a week to work out final language, he said. The bill was still in flux, with Gatto listening to the local government concerns, he said. If the proposal is to live again next session, another legislator will have to raise it because this is Gatto’s last term. AB-2788 had a short life as a telecom bill; it was about oil and gas until June 13, when Gatto gutted the energy language and replaced it with the small-cells proposal (see 1606200043).

A California 5G bill to reduce local siting review for small-cell wireless infrastructure rankled speakers at an NATOA webinar Tuesday on wireless siting. The state legislator sponsoring AB-2788 has said the bill is meant to speed upgrade of wireless infrastructure to support consumer 5G services (see 1606200043). But Ken Fellman, an attorney for local governments, told the webinar that such a measure would take away a community’s authority to decide what infrastructure can be installed. NATOA members “better be prepared to advocate for local control at the state capital,” he said. “If your state legislature takes it away from you, all bets are off and the poles go up.” Local governments don’t seek to stop installation of wireless facilities, and do understand the need to promote broadband deployment, Fellman said. “This is about balancing the interests of community and siting facilities that work in a particular community. … We, the broader local government community, are trying to deal with this in an effective way that balances the aesthetic and public safety interests in our communities with the need to get more broadband deployed quicker.” The California Senate Energy, Utilities and Communications Committee plans to hear AB-2788 at a hearing Monday.