A California Senate committee gave the green light to a 911 bill aimed at improving call routing of wireless emergency calls. The Senate Energy, Utilities and Communications Committee voted 10-0 to pass AB-1564 at a hearing Tuesday. The bill, which already passed the Assembly, requires commercial mobile radio service providers to provide free access to local 911 service and route calls through the Department of the California Highway Patrol (CHP) unless an alternate route meets certain requirements. It would require state and local government agencies to determine the most efficient routing of wireless 911 calls, with a statewide review and routing decision-making process to be completed annually. The committee didn't vote on a constitutional amendment (ACA-11) to disband the California Public Utilities Commission, which had been on the hearing agenda (see 1606200043). A committee spokeswoman told us it will be heard at Monday’s hearing, along with a deregulatory bill (AB-2788) to reduce local siting review for small-cell wireless infrastructure.

EarthLink opposition to Verizon’s acquisition of XO Communications “will not be stricken from the record,” the New York Public Service Commission said in a notice Friday. Verizon had protested EarthLink waiting until reply comments (see 1606150014) to raise objections. The PSC said any party could file a “surreply” by June 24 to ensure “the fair, orderly and efficient conduct of the proceeding.”

Verizon and XO Communications urged quick approval by the Pennsylvania Public Utility Commission of the telecom companies' transaction. In a prehearing memo Wednesday, the companies said 12 of 16 other state commissions have approved the deal, and they expect the remaining four to complete their review quickly without hearings. “There is no reason for Pennsylvania to fall behind the other states in approving this transaction,” they said. The companies proposed a schedule under which the PUC wouldn't hold hearings, issue an initial decision Aug. 5 and vote at a Sept. 1 public meeting. The deal will expand and enhance Verizon’s fiber facilities, with benefits for the company’s wireless network, and current XO customers will gain access to Verizon products and services, the companies said. But in a separate memo, intervenor Core Communications said there should be a hearing to weigh possible anticompetitive effects vs. public benefits. Core itself didn’t take a position on that question. But another intervenor, the Pennsylvania Office of Small Business Advocate, said the deal raises “several” concerns, including possible ill effects to prices, that may require the PUC to either reject the deal or approve it with conditions. Verizon, Core and OSBA said they're open to settlement discussions. Earlier this week, Verizon defended its planned XO acquisition against EarthLink and Windstream at the New York Public Service Commission (see 1606150014). Verizon plans to respond to the Maryland PSC request by the deadline, a company spokesman said.

The Rhode Island House postponed a floor vote on a controversial computer-crimes bill to Thursday. It’s the second time the vote on H-7406 Substitute A has been delayed. It was scheduled for last Thursday, then moved to Tuesday. The bill would prohibit unauthorized access to someone else’s computer, computer system or network with intent to view, save or copy confidential information. But Internet freedom advocates including the Electronic Frontier Foundation, Center for Democracy and Technology and New America’s Open Technology Institute oppose the bill because they say it’s too vague, unnecessarily duplicates the Computer Fraud and Abuse Act and could penalize innocent activity by researchers and whistleblowers (see 1606100056). Thursday’s floor vote is scheduled for 4 p.m.

The Pennsylvania Senate confirmed David Sweet for the Public Utility Commission, replacing Commissioner Pamela Witmer. The Senate voted 49-0, and Sweet will be sworn in Thursday, the PUC said in a news release Wednesday. His term expires April 1, 2021, a PUC spokesman said. Gov. Tom Wolf (D) nominated Sweet on May 4. Sweet was a Wolf aide focusing on energy and economic development. He was in the Pennsylvania House from 1977 to 1988, and was a private attorney.

The Arizona Corporation Commission will consider adopting a code of ethics, the regulator said Tuesday. Commissioner Tom Forese asked for comments and announced a formal workshop at a date to be determined. About six months ago ex-ACC Chairwoman Susan Bitter Smith resigned after an investigation by Attorney General Mark Brnovich (see 1512180034). The Republican AG asked the state Supreme Court to remove her from the ACC position due to conflict of interest, alleging Bitter Smith is a registered lobbyist and executive for Southwest Cable Communications Association. “It is not uncommon for an elected body to have a code of ethics and it is long overdue that the commission should have one,” Forese said in a statement Tuesday. “The creation of a code of ethics will allow us to bring in the brightest legal minds and discuss the conduct of commissioners; whether it involves campaign finance concerns, commissioners registered as lobbyists, or the proper use of travel funds. It is time for commissioners to put our house in order.” ACC Chairman Doug Little said he supports Forese and “look[s] forward to working with him on this important issue.” The commission will consider an ethics code that goes beyond existing state laws on conflicts of interest, prohibitions on accepting gifts from lobbyists and other unethical practices, it said.

EarthLink is too late to object in New York to Verizon’s proposed buy of XO Communications, Verizon protested Tuesday. EarthLink condemned the deal at the New York Public Service Commission Monday, the due date for reply comments. But the company should have filed the opposition June 6, when initial comments were due, Verizon said in a letter to New York PSC Secretary Kathleen Burgess. EarthLink didn’t even “acknowledge its tardiness,” the big telco said. “The Commission should not reward EarthLink’s studied contempt for the requirements of the Notice and for the Secretary’s Office. Its filing should be stricken from the record of this proceeding.” In the reply comments, EarthLink said the PSC “should determine that the proposed transaction poses a serious threat to competition and consumer welfare.” It would eliminate XO as a competitor in retail and wholesale wireline business data services in Verizon’s New York ILEC region, and as an “important wholesale provider of BDS inputs, including central office collocations and transport services,” the ISP said. EarthLink buys these services from XO, and fears prices will rise if the deal goes forward, it said. “These harms would ultimately be passed on to EarthLink’s retail and wholesale customers in New York in the form of higher prices and reduced innovation.” EarthLink Senior Vice President-Public Policy Chris Murray dismissed Verizon's protest about tardiness. "Maybe it's because the parties are concerned that the competitive harms here are real, that they've gone out of their way to prevent information from reaching decision makers," he emailed Wednesday. Windstream also opposed Verizon/XO in New York (see 1606130035).

Google could bring its fiber broadband service to Dallas, expanding the company’s Texas footprint that includes Austin and San Antonio, the company said Tuesday on its blog. It "would be a huge undertaking, so we want to make sure we’re prepared,” wrote Google Fiber Director-Expansion Jill Szuchmacher. “Working alongside Mayor Mike Rawlings [D] and local leaders, we’ll use our Fiber checklist to learn more about local topography, existing infrastructure, and other factors that may impact construction. Building a fiber optic network through a dense and complex urban environment like Dallas is challenging -- these discussions will help us deploy our network efficiently and responsibly.”

A California Assembly committee plans a hearing June 29 on a bill requiring telecom companies to provide notifications of major rural network outages. The requirement includes facilities-based VoIP providers that the FCC requires to provide access to 911 services. The state Senate passed the bill, SB-1250, in a 34-5 vote earlier this month (see 1606020011). The Assembly Utilities and Commerce Committee scheduled the hearing for 1:30 p.m. PDT at the State Capitol; it also will be webcast. The FCC last month approved revised rules on outage reporting and a Further NPRM that would extend reporting requirements to broadband providers (see 1605260054).

The New York Public Service Commission plans to vote Wednesday on Altice’s $17.7 billion takeover of Cablevision, said a preliminary agenda released Monday for the PSC’s June 15 meeting. It’s the last regulatory OK needed for the deal to close. Union and local government officials, who at first voiced concerns, have supported approval with conditions (see 1605310044). The meeting will be 10:30 a.m. at the PSC’s Albany HQ and webcast online.