The 11th U.S. Circuit Court of Appeals postponed oral argument on Florida’s social media law. The hearing had been tentatively scheduled for late April (see 2201100055). The court will later choose a new date, it said, in case 21-12355. Florida is challenging a lower court’s preliminary injunction stopping enforcement of the law that makes it illegal for sites to deplatform political candidates and requires sites to be transparent about policing.

Last week’s decision upholding California’s net neutrality law at the 9th U.S. Circuit Court of Appeals “opens the door to more states acting,” New Street Research analyst Blair Levin wrote in a Sunday note to investors. The court said the FCC can’t preempt states after giving up its own broadband authority (see 2201280057). The Supreme Court seems unlikely to take up the case, said Levin. The decision “raises the stakes for how the FCC addresses state action when it takes up the issue” and federal “legislation is now more likely though it remains an uphill battle,” he said.

Before drafting rules for Colorado’s privacy law, the attorney general’s office will seek comments “over the next few months,” said AG Phil Weiser (D) in prepared remarks Friday. “During this time, we will post a series of topics for informal input on our website and solicit responses in writing and at scheduled events.” The office will post an NPRM by fall with proposed rules and seek more comments, Weiser said. “We expect to be in a position to adopt final rules around a year from now.” Colorado’s law “makes plain that consumers deserve the right to access and control the use of their data,” Weiser said. “Consumers have a right to know what information companies collect about them and how that information will be used, enabling them to reject the sale and use of their private data by third parties.” The process must “be conducted fairly, free from what some have called ‘dark patterns,’ which can unfairly mislead consumers on this issue,” the AG said. “We will need to consider what the process will be for consumers to engage and learn about their data profiles as well as to correct inaccurate data,” and the office might provide guidance on company auditing and data protection assessment procedures, he said. The Colorado law takes effect July 1, 2023.

A 6th U.S. Circuit Court of Appeals panel didn't “misapprehend or overlook any point of law or fact when it issued its order” in a Kentucky 911 case (21-5435), it decided Friday. The court denied CTIA’s request last month to rehear judges’ ruling that the U.S. District Court of Eastern Kentucky erred in concluding that a Kentucky 911 law conflicts with and is preempted by the 2018 federal Wireless Telecom Tax and Fee Collection Fairness Act (See 2112200038). CTIA didn’t comment now.

The New York Public Service Commission plans eight virtual hearings to get comment on availability, affordability and adoption of residential and commercial broadband, the PSC said Wednesday. It plans two hearings a day Feb. 23-24 and March 2-3. The agency urged state residents to complete a broadband survey and speed test by March 18. The request for feedback is part of docket 21-02182 to study and map broadband.

The California Public Utilities Commission set aside a week, Feb. 14-18, for a hearing on updating state USF contribution. The virtual hearing starts at 10 a.m. PST every day, Chief Administrative Law Judge Anne Simon ordered Thursday in docket R.21-03-002. Carriers and consumers groups raised concerns with a commission proposal last year to switch to a per-access line surcharge for public purpose programs (see 2112010014).

A West Virginia pole access bill meant to speed broadband deployment cleared the Senate Economic Development Committee at a livestreamed hearing Wednesday. In unanimous voice votes, the panel adopted SB-231 and an amendment by Sen. Eric Tarr (R). Tarr’s amendment put the West Virginia Department of Economic Development instead of the Public Service Commission in charge of carrying out the proposed law. As amended, pole owners would inform the department within 30 days of making a pole ready for telecom facilities. The department would notify other broadband providers within 15 days, then providers would have 30 days to notify the owner they too would make use of the available pole space. Tarr sought to replace the PSC with the Economic Development Department because the commission doesn’t regulate broadband and so it has no ISP list. The department includes a broadband council that would have a list, he said. PSC Chairman Charlotte Lane testified it would be best to remove the PSC from the bill.

The Missouri House Utilities Committee weighed a broadband bill (HB-2052) that would set up a 12-year task force to evaluate the status of access, affordability and speed, monitor deployment and make recommendations. The bill recognizes broadband is a problem in rural, urban and suburban areas, said sponsor Rep. Louis Riggs (R) at a livestreamed hearing Wednesday. The proposed group would have at least 24 members, said Riggs, who chaired a special broadband committee over the summer. Utilities Chair Bill Kidd (R) said his concern about task forces are that they spend a lot of time and effort, “and in the end, nothing happens.” Riggs assured the chair that the task force will be accountable. Missouri Broadband Development Director BJ Tanksley, named to that position last week, said he sees the task force as a tool to get all the “voices into the room,” though it wouldn’t have decision-making power. If the group is formed, Tanksley would try to ensure it works toward concrete goals, he said. Supporting the bill, Missouri Municipal League Executive Director Richard Sheets said the group won’t “kick the can,” but instead will enhance coordination, which the broadband committee heard was a problem. AT&T supports the bill but is concerned the company won’t be adequately represented by a committee makeup allowing the only wireline member to be from a defunct Missouri telecom association, said Regional Vice President-External Affairs Madeline Romious. She suggested adding three broadband industry representatives. The bill also got support at the hearing from municipal utilities, electric cooperatives, small ISPs and farmers.

Articul8 made "millions of fraudulent and illegal telemarketing calls and robocalls" to consumers as a gateway provider, said a complaint filed in the U.S. District Court for the Middle District of North Carolina against the VoIP provider and its owner for allegedly violating the FTC's telemarketing sales rule and the state's Unfair or Deceptive Trade Practices Act. Owner Paul Talbot's company "knowingly provided assistance and support to U.S.- and foreign-based fraudsters" since "at least 2018," said the complaint filed by North Carolina Attorney General Josh Stein (D). The call traffic "shows patterns with the hallmarks of illegal and fraudulent telemarketing and robocall traffic." The complaint said Articul8 was "repeatedly informed" by the USTelecom-led industry traceback group that it was either a gateway or intermediate provider for fraudulent or illegal calls, but it continued to route such calls. “The only way telemarketers can inundate our phones with robocalls is with the complicity of gateway phone companies,” Stein said in a statement: “These phone companies turn a blind eye to illegal robocalls in order to make money on each call. It's wrong. It violates state and federal law, and I won't tolerate it." Talbot didn't comment.

New York will require a Department of Public Service state study about putting all or most telephone, internet and electric lines underground. Gov. Kathy Hochul (D) signed S-7722 Monday.