The New Mexico Public Regulation Commission will likely vote Monday on proposed changes to inmate calling service (ICS) rules, including lowered rate caps, New Mexico PRC Associate General Counsel Russell Fisk told us Thursday. At a virtual meeting Wednesday, Fisk described at length a draft order that would reduce an existing cap of 15 cents per minute on intrastate rates to 12 cents for state prisons and 14 cents for large local jails (docket 20-00170-UT). Commissioners decided to hold off voting Wednesday. The FCC sent letters in 2020 to about half the states asking them to update ICS rules, but not to New Mexico because its rule was already “pretty good,” with existing rate caps close to what the FCC was considering, Fisk said. The PRC still decided to update its rules to account for recent technological changes since its inmate calling rules were made a decade ago, he said. The PRC might need to act again in one to two years in response to expected further FCC changes, he said. Reducing the intrastate rate cap to 12 cents will help the state “keep pace” with recent FCC rule changes, said New Mexico PRC staff in Sept. 30 comments (see 2210030053). The state attorney general’s office supported lowering rates, while ICS provider ViaPath said its rates already were below the existing cap. New Mexico Gov. Michelle Lujan Grisham (D) must soon choose three commissioners to replace the current five elected commissioners Jan. 1. New Mexicans voted on Nov. 5, 2020, to switch to a governor-appointed commission (see 2011040043). “We anticipate an announcement from the governor’s office soon,” a PRC spokesperson emailed Wednesday. The nominating committee OK'd nine candidates Dec. 2 for the governor’s consideration. The governor’s office didn’t comment.

Montana will spend $309 million to expand broadband to 62,000 households and businesses, Gov. Greg Gianforte (R) said Wednesday. Gianforte approved the Montana Communications Advisory Commission’s Dec. 7 recommendations. More than $100 million went to Charter Communications.

Wyoming’s Mark Gordon joined other Republican governors banning TikTok on state devices and networks due to national security concerns. Gordon announced the prohibition in a memo to state employees, his office said Thursday. Other states that banned the platform include North Dakota, South Dakota, South Carolina and Texas (see 2212140022). TikTok said earlier it’s disappointed by state bans, but it will continue to brief government officials on its security plans.

The Georgia Public Service Commission will vote Tuesday on a pact between cable and electric cooperatives to keep the state’s one dollar pole attachment policy, commissioners decided at a telecom committee hearing webcast Thursday. In December 2020, the Georgia Public Service Commission required that ISPs pay only $1 per pole annually for attaching to electric co-op infrastructure. Cable companies and co-ops agreed last month to cancel a required biennial review of the program (see 2211300054).

Telephone companies must allow New York state customers to use preferred names and pronouns, under a new Home Energy Fair Practices Act regulation adopted Thursday by the New York Public Service Commission. All utilities in New York state, including telephone service providers, must "provide residential customers and applicants for residential service with an option to request the use of a preferred name and/or preferred pronouns in all written or oral communications," the rule said. "These regulations continue our advancement for a more diverse, equitable, and inclusive society,” said New York PSC Chair Rory Christian. “Acknowledging a person’s gender identity is an essential step along that path.” Also Thursday, commissioners unanimously supported adopting a draft order to require local exchange carriers to notify customers at least 45 days before transitioning their service to fiber from copper (docket 22-C-0540). Also, commissioners agreed to renew the state USF through December 2026 but freeze it to current recipients (docket 15-M-0742). ILECs seeking to further extend the fund must petition the PSC by Sept. 1, 2025, and include at least one alternative that would target support to at-risk consumers rather than the ILEC as a whole. Any ILEC seeking state USF funding after 2026 must file location and financial data showing availability of competitive and substitute services by Dec. 31, 2025. In the same docket, commissioners decided to allow nine small ILECs facing revenue losses from the FCC’s mandated phase out of intercarrier compensation charges to get additional state USF support.

The Texas social media law “infringes the core First Amendment rights” of NetChoice and Computer & Communications Industry Association (CCIA) members “by denying them editorial control over their own websites, while forcing them to publish speech they do not wish to disseminate,” the internet industry groups said in a Thursday petition for writ of certiorari at the Supreme Court. The groups said in September they would seek review of the 5th U.S. Circuit Court of Appeals decision to uphold the Texas social media law HB-20 (see 2209290047). They also seek SCOTUS review of a similar Florida law (see 2210240066). SCOTUS is expected to hear the Texas case because the 5th Circuit decision created a circuit split with an earlier 11th Circuit decision partly striking down Florida law (see 2209190080). “If allowed to stand, the Fifth Circuit’s opinion will upend settled First Amendment jurisprudence and threaten to transform speech on the Internet as we know it today,” said the internet groups’ petition. CCIA President Matt Schruers said the case, “involving a key Constitutional issue and split appellate court decisions, calls for Supreme Court oversight.”

Two federal judges noted recent Georgia political developments as they pushed back on arguments that the Georgia Public Service Commission election violates 1965 Voting Rights Act Section 2 protections against racial discrimination. The 11th Circuit U.S. Court of Appeals heard oral argument Thursday on Georgia’s appeal of a lower court’s ruling that electing PSC members for specific districts on a statewide, at-large basis illegally dilutes Black residents' votes (see 2210200035). The Supreme Court in August postponed Nov. 8-scheduled Georgia PSC elections, reversing the 11th Circuit's 2-1 decision to reverse the U.S. District Court in Atlanta.

Massachusetts Gov. Charlie Baker (R) formed a cybersecurity team via an executive order Wednesday. The Massachusetts Cyber Incident Response Team will lead preparation, response, mitigation and recovery related to cybersecurity threats, the governor’s office said. The state’s Executive Office of Technology Services and Security secretary will lead the team, which will also include representatives from police, emergency management and other state public safety and security offices. “As state governments expand their digital footprints, moving more services online and allowing for a more connected workforce, it’s critical that we make the necessary investments to protect this critical technology infrastructure from acts of terrorism and criminal, organized crime, and gang activity,” said Baker.

The U.S. Chamber of Commerce appealed to the 4th U.S. Circuit Court of Appeals in its challenge of Maryland’s digital ad tax, as expected (see 2212050048). The Chamber is appealing the U.S. District Court of Maryland’s March decision dismissing businesses’ challenge of the tax and the district court’s Dec. 2 dismissal of their challenge to the tax’s pass-through ban, said a notice of appeal at the lower court Tuesday.

North Dakota executive branch agencies may not use TikTok due to national security concerns, Gov. Doug Burgum (R) ordered Tuesday. “Protecting citizens’ data is our top priority, and our IT professionals have determined, in consultation with federal officials, that TikTok raises multiple flags in terms of the amount of data it collects and how that data may be shared with and used by the Chinese government,” he said. Burgum follows Republican governors banning the platform in other states, including South Dakota, South Carolina and Texas (see 2212070033). Also Tuesday, the U.S. Senate introduced a bipartisan bill banning TikTok (see 2212130068). TikTok is "disappointed that so many states are jumping on the political bandwagon to enact policies based on unfounded falsehoods about TikTok that will do nothing to advance the national security of the United States," a spokesperson said. "We will continue to brief state and federal officials on the plans that have been developed under the oversight of our country's top national security agencies -- plans that we are well underway in implementing -- to further secure our platform in the United States."