LTD Broadband urged the California Public Utilities Commission to rehear applications it needs to get about $187.5 million in Rural Digital Opportunities Fund (RDOF) support over 10 years. Commissioners unanimously denied LTD’s application for a certificate of public convenience and necessity (CPCN) and eligible telecom carrier (ETC) designation last month (see 2112170058). “The Decision is premised on erroneous findings of fact and incorrect application of the law,” said LTD's rehearing application posted Wednesday in docket A.21-07-005. Denial rests on allegations that LTD misrepresented itself to the CPUC and FCC, “but the statements that are relied upon either were not made by LTD or are not misrepresentations,” it said.
A Washington state panel Thursday cleared two bills to tighten phone solicitation rules. The House Consumer Protection Committee at a virtual meeting voted 5-2 for HB-1497 to restrict phone solicitation hours to 8 a.m. to 5 p.m. and require solicitors to identify themselves and provide a chance to opt out in the first 30 seconds, and end the call within 10 seconds of being asked. It would expand the definition of phone solicitation to include calls to nonresidential customers. The committee unanimously adopted an amendment to require only solicitors seeking donations to ask called parties if they want to continue or end the call or be removed from the solicitor's phone list. Members voted 4-3 for HB-1650 to increase civil remedies available for state law violations for commercial robocalls, emails or text messages, and update definitions of automatic dialing and other terms. The panel unanimously adopted an amendment that included exempting emails or texts that constitute collection activity and allowing electronic consent in certain circumstances. Rep. Jeremie Dufault (R) opposed the bills, saying they're contrary to his belief in American entrepreneurialism. Chairman Steve Kirby (D) supports the efforts to reduce robocalls, he said: "My phone just won't stop ringing." In Florida, all present members at a House Regulatory Reform Subcommittee hearing voted for HB-1095 to tweak a 2021 state robocall law. Sponsor Rep. Mike Beltran (R) said the measure seeks to prevent some unintended lawsuits, including by adding two-way attorney fees and banning suits against companies that use robocalls to respond to consumer inquiries.
Texas sued Google for allegedly engaging in false, misleading and deceptive practices. In a Wednesday complaint at Texas District Court in Montgomery County, Attorney General Ken Paxton (R) claimed Google violated a Texas consumer protection law when it allegedly forced iHeartMedia DJs to record and broadcast firsthand testimonials for the then-unreleased Pixel 4, despite the DJs never having used the smartphone. Texas seeks a court order requiring Google to stop and pay monetary penalties. “This is not the first time I have had to address bad behavior by Big Tech companies,” said Paxton. Google “will review the complaint but the AG’s allegations appear to misrepresent what occurred here," a spokesperson emailed. "We take compliance with advertising laws seriously and have policies in place designed to help ensure we follow relevant regulations and industry standards.”
Wireless and consumer tech industries opposed a digital right-to-repair bill Wednesday at a Washington state House Consumer Protection and Business Committee virtual hearing. HB-1801 would require manufacturers to label products with a repairability score. Sponsor Rep. Mia Gregerson (D) said an upcoming amendment would change the bill so it would set up a task force to study right to repair. The committee later voted 5-2 on HB-1810, which would require manufacturers to make documentation, parts and tools available to owners and independent repair providers on fair and reasonable terms. The panel voted 4-3 for HB-1697, which would ban websites from marketing or advertising certain products or services to minors, restrict certain online ad practices based on minors’ personal information and give minors the right to request removal of certain information posted online. HB-1697 would be enforced solely by the attorney general. Ranking Republican Rep. Brandon Vick, voting no, complained the privacy bill is too vague. Testifying on HB-1801, CTA lobbyist Charlie Brown said it would be tough to have a state right-to-repair standard that doesn't align with standards in other countries. CTA supports setting up a work group, he said. It would be better to handle this issue at the national or international level than to pass a state law that would be “extremely operationally burdensome,” said TechNet Vice President-State Policy David Edmonson: The proposed score would paint an incomplete picture of devices’ overall quality and confuse consumers. CTIA thinks the "requirements in this bill are unworkable,” said Director-State Legislative Affairs Lisa McCabe. Other attributes besides repairability, such as water resistance, factor into a device’s longevity, she noted. iFixit CEO Kyle Wiens backed HB-1801. Apple AirPods and Samsung Galaxy Buds are similar in quality, but Samsung’s product lasts longer because it has replaceable batteries, he noted: Consumers currently have no easy way of knowing that. Another right-to-repair advocate, Owen Rubel of SecuRepairs, doesn’t think it’s wise to trust manufacturers with determining their own repairability score, he said: A standards body should do that.
Illinois and Washington utility commissions are set to join six other states with active intervenor compensation programs this year, NARUC said Tuesday. The report said 16 states have authorized intervenor compensation programs, which aim to reduce financial barriers to intervening by reimbursing parties for the cost of their involvement in regulatory proceedings. Programs are active in California, Idaho, Michigan, Minnesota, Oregon and Wisconsin, and Illinois and Washington are setting them up, NARUC found. Remaining programs in Alaska, Colorado, Hawaii, Kansas, Maine, New Hampshire, Tennessee and West Virginia “have either never been used or have not been used in recent years,” it said. California’s program pays out the most, awarding up to $15 million yearly, said the report. “They have a backlog of claims as their case load has been increasing since 2017, due to many factors including an increase in rulemaking proceedings that are eligible for intervenor compensation, proceedings with multiple intervenors, and an increase in judges which leads to an increase in decisions.” Three CPUC intervenors interviewed by NARUC “raised several common issues related to California’s intervenor compensation program, including the turnaround time for making determinations and payment on intervenor compensation applications, ability of newer organizations to participate and receive compensation, and administration of the program,” it said.
A Washington state digital equity bill cleared the House Community and Economic Development Committee with an amendment, at a virtual hearing Tuesday. The panel voted 8-5 for HB-1723, which would set up state programs to provide reduced voice and broadband rates for low-income people and to give discounts on telecom service rates and infrastructure costs for anchor institutions. It would establish a grant program for digital equity planning by local governments, higher education and workforce development councils. The committee agreed to an amendment removing a proposed requirement that the Washington Utilities and Transportation Commission determine the reduced broadband rates, while modifying some definitions and making other technical tweaks. Ranking member Matt Boehnke was the only Republican voting yes. He said other committee Republicans wanted to narrow the bill and had funding questions. Earlier at the hearing, the committee heard testimony on HB-1729 to establish a blockchain work group including industry and regulators. It would help grow the state’s blockchain sector, said Molly Jones, Washington Technology Industry Association vice president-public policy. Mayor Lynne Robinson of Bellevue, Washington, also backed the bill. Lt. Gov. Denny Heck (D) supports the concept, but his office has too few staff to set up the working group, said David Bremer, a director in Heck’s office. Chair Cindy Ryu (D) promised to work with him.
A federal court wrongly dismissed an antitrust case against Facebook from attorneys general before the filers had the opportunity to prove illegal activity, 48 AGs argued in a filing Friday. U.S. District Court in Washington misapplied legal doctrine on time constraints, and it wrongly threw out the possibility of injunctive relief, the AGs argued before the U.S. Court of Appeals for the D.C. Circuit. The district court dismissed claims before Facebook “offered any facts to support its fact-intensive defenses,” the AGs said. The bipartisan group included AGs from New York, Texas, Washington, D.C., California, Florida and Guam. Facebook “has used its market dominance to force small companies out of business and reduce competition for millions of users,” said New York's Letitia James (D). The company didn’t comment.
Michigan Gov. Gretchen Whitmer (D) established a state infrastructure office to handle dollars from the recent federal law funding broadband and other infrastructure. The office will coordinate across state government and partner with local officials, federal agencies and others, Whitmer’s office said Thursday. Whitmer last week set up a rural development office (see 2201040052).
New Jersey Gov. Phil Murphy (D) signed legislation to expand digital media production tax credits under a state program established in 2018. S-4094/A-6070 “will ensure that our state remains a top destination for some of our country’s most significant film and TV productions,” Murphy said Wednesday. This increases the digital media content production tax credit to 35% of qualified digital media content production expenses purchased through vendors in certain counties including Atlantic and Camden, and 30% in other parts of the state, Murphy’s office said: It triples the cumulative annual limitation on digital media content production tax credits to $30 million. Starting in FY 2025, the bill allows $100 million more in tax credits for New Jersey film-lease partners from tax credits under other incentive programs, said the governor’s office. New Jersey’s program “grows stronger with new enhancements” that will create new jobs and boost investment in the state, MPA CEO Charles Rivkin said Thursday.
“Broadband is an essential service and is not yet accessible to all Californians,” said new California Public Utilities Commission President Alice Reynolds at her first CPUC meeting Thursday. Reynolds, who replaced now-retired Marybel Batjer (see 2112160064), is “very excited” about recently announced state and federal funding, “and the commission has an important role going forward to help communities both rural and urban that have been left behind for too long,” she said virtually. “We must work with local and tribal governments, consumer advocates and the public to build networks that provide modern, affordable and reliable broadband service that is future-proof, lasting for decades to come.” Reynolds showed “she is committed to continue the groundbreaking work being undertaken in California to extend high quality, affordable and reliable broadband to everyone in our state,” emailed Regina Costa, The Utility Reform Network telecom director: “We are very pleased that she values the collaboration with consumer advocates, Tribes, the public and local governments.” Also at the meeting, CPUC commissioners voted 4-0 to adopt a consent agenda including a proposed resolution (T-17758) to adopt $34.6 million in California High Cost Fund-A support for 2022. The funding goes to CalTel and nine other small LECs. The CPUC is down to four commissioners because former member Martha Guzman Aceves left to become administrator of EPA Region 9.