T-Mobile appealed a $5.3 million possible fine at the California Public Utilities Commission related to statements about its CDMA shutdown. Two CPUC administrative law judges ruled last month that the carrier misled the CPUC with false statements that it would have a three-year customer migration period for Sprint customers to T-Mobile and Boost Mobile customers to Dish Network (see 2204260061). The record doesn’t support a CPUC Rule 1.1 violation, the “proposed penalty calculation is flawed and the fine it would impose is unwarranted,” T-Mobile said Wednesday in docket A.18-07-012. T-Mobile didn’t agree to operate the CDMA network for three years or say it would maintain CDMA until all Boost customers were migrated, said the carrier: The ALJs’ ruling “would have the Commission find that T-Mobile’s network integration has proceeded too quickly.” Also, “the threatened consumer harm that DISH trumpeted and on which the penalty calculation is based never materialized,” it said. “T-Mobile invested billions of dollars upgrading and integrating the combined network, made accommodations to DISH on the CDMA network sunset schedule, arranged for additional handset supply to DISH, resolved other pending issues in an agreement with DISH” that was cleared by DOJ “and assured that essentially all Boost CDMA customers were migrated in well under three years.”

An Ohio judge’s refusal to dismiss a state lawsuit against Google suggests the search company could be subject to common carrier laws, the Ohio attorney general’s office said Thursday. Ohio’s lawsuit claimed Google is a carrier and public utility (see 2109140015). While not ruling Google is a common carrier, Common Pleas Court in Delaware County Judge James Schuck ruled Tuesday that Ohio “stated a cognizable claim" and declined to dismiss it. However, Schuck granted Google’s motion to dismiss Ohio's claim the company is a public utility. Google's "substantial market power" and that it provides service indiscriminately to any member of the public "weigh in favor of Google Search being a public utility," but other factors "point strongly in the opposite direction," including lack of statutory or regulatory oversight by Ohio, the judge said. Unlike with electricity or water, the public has no legal right to demand Google's search service, said Schuck: While "inarguably convenient and often used, it does not provide a fundamental life-essential service that the public has a right to demand and receive." Google might have substantial market share, but if it ceased business, competitors "would undoubtedly fill the void left by Google's departure,” he added. The judge punted on Google’s argument that Ohio’s requested relief would violate the company’s First Amendment free speech rights. The court "is unable to conclude at this juncture that it would be impossible for the State to demonstrate that the mere requirement that Google Search fairly return search results that are not slanted to its own products would unconstitutionally compel its association or speech,” he said. “That issue must be left for another day, after the parties have an opportunity to develop an evidentiary record." Google didn’t comment.

The California Public Utilities Commission may have until June 29 to answer a Securus lawsuit challenging the agency’s 7 cent-per-minute interim cap on incarcerated person calling service (IPCS) rates (see 2205120037), the California 2nd District Court of Appeals said Thursday in case B320207. The appeals court granted the CPUC’s petition for an extension.

California Privacy Rights Act (CPRA) draft rules are “now mostly complete,” said California Privacy Protection Agency Executive Director Ashkan Soltani at a CPPA board meeting livestreamed Thursday. CPRA is set to take effect Jan. 1 despite rulemaking delays (see 2202280040). California privacy rulemaking authority formally transferred to the CPPA from the state attorney general April 21 pursuant to the 2020 law, which succeeded 2018’s California Consumer Privacy Act (CCPA). On May 5, the California Office of Administrative Law approved transfer of CCPA regulations to the privacy agency. The renumbered rules “represent the beginning of the Agency’s rulemaking role,” the CPPA said Monday. As part of a pre-rulemaking process, the privacy agency held stakeholder and informational sessions and received written comments (see 2205040043, 2203300064 and 2203290062). The CPPA meeting continued after our deadline.

The Florida Public Service Commission plans to vote June 7 on finalizing the state’s pole attachment authority, the PSC said Wednesday. If commissioners agree to staff's recommendation, Florida would certify to reverse preempt FCC authority when the PSC’s rules take effect June 8. An administrative law judge freed the PSC to move forward when it dismissed AT&T’s challenge of the state rules (see 2205190036).

The California Public Utilities Commission will accept applications for various broadband funding programs starting in the next two months, said Commissioner Darcie Houck at a partially virtual California Broadband Council meeting Wednesday. The CPUC expects to accept grant applications for California Advanced Services Fund (CASF) adoption, consortiums and housing accounts and the $50 million Local Agency Technical Assistance program in June or July, said Houck. The CPUC expects to accept proposals for the $2 billion last-mile federal funding account in July, she said. The agency aims to release a straw proposal for the $750 million Loan Loss Reserve Fund in August, with comments and workshops to follow, the commissioner said. The CPUC plans to release a proposal to update CASF infrastructure account rules by the end of Q2 this year, she said. Houck is “very aware” $2 billion won’t be enough for the last-mile program but hopes the state will soon get much more from the Infrastructure Investment and Jobs Act, she said. The CPUC is developing a framework to define essential broadband service affordability standards, said Communications Division Director Rob Osborn: Expect a proposed decision coming in June or July. More granular broadband data, based on location rather than census block, is due June 1 and the commission hopes to publish it by year-end, he said. California’s State Transportation Agency and Transportation Department (CalTrans) aim by Dec. 31 to complete a dig smart policy that would allow for collocation of underground conduits, said CalTrans Broadband Coordinator Elizabeth Dooher.

A New York state Republican wondered if part of a proposed 95 cent surcharge in Albany County to fund E911 would be diverted to other purposes. The Assembly Local Governments Committee unanimously cleared A-9269 at a livestreamed Wednesday meeting, sending it to the Ways and Means Committee. Assemblyman Jeff Gallahan (R) asked if the proposed surcharge is “100% going to this project or is there any money split off from that 95 cents for other purposes?” Chairman Fred Thiele (D) answered, “these funds are dedicated to the E911 program.” New York diverted $100.7 million (41.7%) of its state 911 fee revenue to the general fund in 2020, showed the FCC’s most recent report on the subject (see 2201070049). The Senate could vote soon on its version (S-8246) after sending it to third reading Wednesday.

The South Dakota Public Utilities Commission deferred deciding if it should rehear or reconsider its 2-1 February decision to deny eligible telecom carrier (ETC) designation to LTD broadband. LTD won about $46.6 million in 10-year Rural Digital Opportunity Fund support for South Dakota, one of multiple states where it’s run into obstacles getting ETC designation (see 2205170058). LTD Broadband wants to present new evidence, which wasn’t available at an evidentiary hearing prior to the PUC’s decision, showing that the company can fulfill its RDOF commitment, said its attorney Jason Sutton of Boyce at a livestreamed hearing Tuesday. If granted rehearing, LTD plans to file an amended application “that may withdraw its requests for designation in some of the census blocks that are currently being served or built out,” he said. If the PUC keeps its decision to deny LTD’s application, “we're going to end up with consumers that don't have broadband,” he said. The South Dakota Telecommunications Association doesn’t think additional evidence will show LTD is “getting it done,” said Executive Director Kara Semmler, urging the PSC to deny LTD’s petition. The RDOF winner can always file a new application for the commission to open a new docket, she said. Don't "decide what to do based on an imaginary request" by LTD to amend its application, she said. Commissioner Gary Hanson, who had voted against denying the company’s original application, asked how the commission can object to rehearing when it doesn’t know whether the evidence LTD seeks to submit is valid. Answering a question by Chairman Chris Nelson, South Dakota PUC staff attorney Amanda Reiss said she isn’t sure if the commission has ever allowed an ETC application to be amended. Staff disagrees the commission made any legal error in its initial order, but commission rules allow for a rehearing on additional evidence, she said. Filing a fresh application at the PUC could cause the FCC to decide LTD filed its ETC application too late and deny funding. If the PUC denies rehearing or reconsideration, he warned, LTD will appeal in court. The state commission didn’t specify how long it would defer action, a spokesperson said.

New York state legislators passed a bill requiring telemarketers at the outset of calls to give people an option to add themselves to the caller’s do-not-call list. The Senate voted 61-0 Monday for A-8319, which needs approval by Gov. Kathy Hochul (D).

U.S. District Court in Baltimore plans oral argument July 12 at 2 p.m. on remaining issues in U.S. Chamber of Commerce and others’ lawsuit against Maryland’s digital ad tax law, Judge Lydia Griggsby ordered Monday in case 1:21-cv-00410-DKC. After ruling in March that the Tax Injunction Act precluded federal courts from reviewing the tax itself, the district court is weighing the constitutionality of Maryland banning companies from passing the tax’s costs to consumers (see 2204290061).