State legislators advanced more broadband bills. The Washington Senate Ways and Means Committee voted 13-4 Monday for HB-1723 to set up broadband adoption programs. The House passed it earlier this month (see 2202140004). Also that day, Virginia senators voted 40-0 and amended the House-passed HB-1265 to craft a broadband affordability plan, and the Florida Senate Appropriations Committee voted 18-0 for connected bills (SB-1800 and SB-1802) to set up a broadband pole-replacement fund (see 2202220034).

Ohio published a state broadband map based on Ookla speed tests over a 15-month period, Lt. Gov. Jon Husted (R) said Tuesday. “The new mapping resource launched today is driven by customer data and will help us better pinpoint where we need to focus our funding, attention and efforts,” said Husted.

The Florida Public Service Commission unanimously approved a staff recommendation on pole attachment complaint rules (docket 20210137), at a livestreamed meeting Tuesday. Commissioners also voted 5-0 for a staff recommendation in a related proceeding (docket 20210138) to craft rules for pole inspections, repair and replacement, vegetation management and monetary penalties (see 2110270017). At last month’s meeting, the PSC delayed voting on the complaints item after AT&T suggested several edits (see 2202010049). As Florida PSC General Counsel Keith Hetrick suggested at the previous meeting, staff adjusted the proposed order to incorporate two uncontroversial wording changes suggested by AT&T, while rejecting the carrier’s other proposals. At Tuesday's meeting, staff adjusted the other item on repair and vegetation in response to concerns raised by Florida Power and Light. A 2021 state law required the PSC to make pole-attachment rules and reverse preempt FCC authority. “The proposed pole attachment complaints rule approved today provides better guidance for parties and gives us needed information to resolve disputes,” said PSC Chairman Andrew Fay. Each attachment rule will take effect 20 days after it's filed with Florida's State Department.

T-Mobile and Dish must explain by Friday how their CDMA shutdown pact (see 2202240039) affects their dispute at the California Public Utilities Commission, said Administrative Law Judge Robert Mason in an email posted Tuesday in docket A.18-07-011. The CPUC plans to vote March 17 on denying Dish’s April 28 petition to modify the state commission’s April 2020 T-Mobile/Sprint OK, on T-Mobile’s planned 3G shutdown (see 2202030042).

The Utah Senate voted 28-0 Friday to pass a comprehensive privacy bill, about a week after it was introduced and with the legislature planning to adjourn at the end of this week. Industry supports SB-227, which is now in the House (see 2202240003). Nebraska Sen. Mike Flood (R) doesn’t expect his privacy bill (LB-1188) to advance from committee this year but hopes it starts a conversation, Flood told the unicameral legislature's Banking, Commerce and Insurance Committee at a livestreamed hearing Monday. LB-1188 is based on last year’s Uniform Law Commission proposal that hasn’t been implemented in any state, said Flood, acknowledging business and consumer privacy advocate concerns about his bill. Indiana’s Senate-passed SB-358 might have missed a Monday legislative deadline to pass Senate bills in the House. It wasn’t on that day's House calendar. In Washington state, the House Appropriations Committee was to weigh a sweeping amendment Monday -- with a proposed revision -- to HB-1850 that would make the law contingent on the Senate’s Washington Privacy Act (SB-5062) becoming law July 31, 2023. The panel didn’t vote by our deadline. HB-1850 as modified by amendments by Rep. Drew Hansen (D) would set up a state data privacy commission to enforce rules proposed in SB-5062, which regenerated last week (see 2202250017). The amended House bill would include a limited private right of action that would allow consumers to sue only after the commission determines a violation occurred and that the consumer suffered actual damages, meaning demonstrable economic loss or physical harm. Consumers would be able to sue only if the violator fails to comply with the commission's cease and desist order, the amendment said. The amendment also would tweak the proposed commission’s responsibilities and detail a proposed annual fee on processors and controllers. The surcharge would be 0.1% of intrastate gross operating revenue, capped at $10 million yearly. The American Civil Liberties Union, longtime opponent of the Senate privacy bill, is “very concerned that the proposed amendment to HB 1850 references a version of SB 5062 that has not yet been made available to the public,” and that the amended bill could let the privacy commission decide to reject a complaint in private, emailed Jennifer Lee, ACLU-Washington technology and liberty project manager.

USTelecom may join inmate calling services docket R.20-10-002 at the California Public Utilities Commission, Administrative Law Judge Robert Haga ruled Friday. Haga denied the association’s earlier request to join due to omissions in the motion (see 2202240048). In a Monday ruling, Haga denied CTIA entry because the ALJ said the association didn't list its members. The CPUC is weighing whether it can regulate video and other non-voice ICS rates, fees and service quality (see 2201310050).

Michigan will partner with Connected Nation on a $5.2 million broadband inventory using funding from the federal Cares Act. Over the next six months, the project will map existing high-speed internet infrastructure and gaps along 65,000 miles of public right of way, the governor’s office said: It will help the state decide how to spend $100 million coming from the federal infrastructure law. “This effort will use a statewide, coordinated approach to gather information in every zip code that will enable us to increase internet access and adoption,” said Lt. Gov. Garlin Gilchrist (D)

State legislators have advanced broadband and emergency communications bills. The Virginia Senate Local Government Committee voted 15-0 Monday for HB-445 to direct the state housing department to study local and state policies and laws to spur broadband expansion in new residential and commercial development. The House passed it 99-0 earlier this month. The Oregon House Ways and Means Committee voted 21-1 Saturday for HB-4092, which aims to prepare the state for incoming federal broadband money (see 2202070033). Friday, the Virginia Senate voted 39-0 for HB-1265 to craft a broadband affordability plan, and the Senate voted 81-18 for the similar SB-716 (see 2202150008). In Washington state, the Senate voted 49-0 Friday for HB-1703 to update the state’s emergency communication law for NG-911 and coordinate 911 with the 988 suicide and mental health hotline. The House passed the bill before but must agree to Senate changes (see 2202090065). The Hawaii House Finance Committee voted 14-0 Friday for HB-2397, which would create and fund a state authority to oversee broadband infrastructure. With three committee approvals, it can go to the floor (See 2202180021).

A Hawaii digital equity bill cleared two Senate committees at a joint meeting Thursday. The Commerce Committee voted 6-0 and Ways and Means voted 11-0 for SB-2076, which would define broadband equity, clarify the state broadband office’s equity duties and provide funding for staff. Also that day, the House Finance Committee voted 14-0 to pass HB-1980 to permit but not require Medicaid, health insurers and others to cover telephonic behavioral health services.

State courts should handle Altice’s challenge of New Jersey’s cable TV pro-rating law, the 3rd U.S. Circuit Court of Appeals said in a Thursday opinion. The 3rd Circuit vacated a lower court’s decision that the prorating rules are federally preempted, saying it disagreed with that court's opinion that the Younger abstention doctrine didn’t apply. The appeals court remanded for the court to dismiss the amended complaint. Younger tells federal courts to abstain from hearing cases involving federal issues that are before state courts. “The proceeding here implicates important state interests,” and “Altice has an adequate opportunity to raise its federal claims in the state proceeding,” wrote Judge Patty Shwartz for the panel that also included Judges Brooks Smith and Thomas Hardiman. Lacking a criminal analog isn’t a prerequisite to abstention, the court said: Even if it were, state law criminalizes some violations of the Cable Act. “The BPU’s civil enforcement proceeding was quasi-criminal in nature and, thus, the type of proceeding to which Younger applies.” The court heard argument last month (see 2201270042).