Areas where some Rural Digital Opportunity Fund winners challenge proposed California Advanced Services Fund (CASF) support due to possible overlap with RDOF support “have not been awarded any funds by the FCC, nor approved by the FCC to receive awards,” a California Public Utilities Commission spokesperson emailed Wednesday. Commissioners may vote Dec. 16 on several contested draft resolutions to award CASF support, plus a separate proposal to deny eligible telecom carrier (ETC) status to LTD Broadband, one company challenging proposed grants (see 2112080046). The CPUC can't comment specifically on agenda items, said the spokesperson: “The FCC requires companies to obtain a high-cost [ETC] designation that covers its winning bid areas. In California, the CPUC designates ETCs. The CPUC has been working with the companies to make determinations on each ETC application. The FCC is simultaneously evaluating the same providers, along with scores of others across the country.”

States vary in readiness for federal broadband funding from this year’s infrastructure law, consulting firm Tilson said in a Wednesday report commissioned by the Wireless Infrastructure Association. Tilson found about a dozen states and territories with no bills or laws to create broadband grant programs to implement federal funding from the infrastructure law or American Rescue Plan Act, said a summary. Five proposed bills, while 18 passed them and 25 are awarding grants, it said. “Many jurisdictions are expected to propose and enact legislation in the coming months in anticipation of and in response to forthcoming” NTIA rules. It said 46% of the jurisdictions viewed wireless broadband favorably, while 30% had a negative view and 24% were neutral. “With the historic levels broadband funding in the recently enacted bipartisan bill, many need to get moving,” said WIA President Jonathan Adelstein. He's concerned many are “taking a narrow view that will needlessly limit their own choices and services,” he said. States plan for a key role distributing nearly $42.5 billion through the broadband equity, access and deployment program (see 2111240021).

ISP groups may file briefs Feb. 23 on New York’s appeal of a lower court rejection of the state’s broadband affordability law, the 2nd U.S. Circuit Court of Appeals said Wednesday. The court granted three requests by ACA Connects, the Satellite Broadcasting and Communications Association, and CTIA, NTCA, USTelecom and New York State Telecommunications Association in case 21-1975 (see 2112060042).

Ohio legislators amended a comprehensive privacy bill by unanimous voice vote at a House Government Oversight Committee hearing Wednesday. Rep. Rick Carfagna (R) said the new version of HB-376 is “more nuanced” about how it classifies businesses, differentiating between data controller at the front end and processors in the backend. The amended bill would preempt local privacy rules, give consumers a right to opt out of targeted advertisements and align various definitions more closely with other states’ bills, Carfagna said. Businesses wouldn’t have to respond to requests for pseudonymous data, he said. The lawmaker said he worked on the amendment with industry groups including the State Privacy and Security Coalition and BSA|The Software Alliance. The Ohio Association for Justice (OAJ), a trial lawyers group, and the American Civil Liberties Union Ohio opposed HB-376. Enforcement only by the state attorney general isn’t enough to protect Ohioans, said OAJ Trustee Curtis Fifner: The bill should allow private lawsuits, at least when the AG decides not to prosecute a claim. The measure is full of “exploitable loopholes” allowing businesses to “circumvent” privacy protections, said ACLU Ohio Chief Lobbyist Gary Daniels: it gives consumers a “right to know” but not to act, he said. Ohio bills typically get three hearings in committee before going to the floor; Wednesday’s was the third.

The Association of National Advertisers condemned Maryland comptroller rules taking effect Monday to implement a digital ad state tax. The comptroller adopted the regulations Nov. 24. “This tax is unconstitutional, costly, and burdensome to the Maryland business community,” said ANA Senior Vice President-Government Relations Chris Oswald Tuesday. “Businesses deserve better than the vague definitions and the challenges that these regulations will create.” The tax is under litigation (see 2111220017).

The Oklahoma Corporation Commission should open a rulemaking on whether to require more public disclosure of state USF data filed by contributors, Oklahoma USF (OUSF) Administrator Brandy Wreath reported Monday. Federal laws on customer proprietary network information (CPNI) “may complicate how certain information may be disclosed to the Commission,” Wreath cautioned. In the possible rulemaking, “discrete data elements could be identified and considered based on such things as the value public disclosure could bring to the administration of the OUSF, the availability of the data, potential variances between or among the different types of Contributing Providers, and how to ensure that CPNI is protected.” Oklahoma Commissioner Bob Anthony has pushed for more OUSF transparency. The commission switched to connections-based USF contributions last month (see 2112010014).

Success for the federal infrastructure law’s $65 billion spend for broadband “will depend on implementation at the state and local level, including engaging community stakeholders and anchor institutions,” said an American Enterprise Institute paper released Friday. “There is an urgent need to improve federal and state capacity with implementing these programs, including collecting data, developing plans, engaging community stakeholders, prioritizing investments, and conducting outreach,” wrote Nonresident Senior Fellow John Bailey: Philanthropic support will be essential to ensure states and localities are prepared. States are planning for a key role distributing nearly $42.5 billion through the Broadband Equity, Access and Deployment program (see 2111240021).

A district court 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, the 6th U.S. Circuit Court of Appeals ruled (in Pacer) Friday. The appeals court vacated U.S. District Court of Eastern Kentucky’s judgment, permanent injunction and attorney fees award in favor of CTIA. It affirmed the lower court’s partial dismissal of CTIA’s complaint. CTIA claimed the state law conflicted with the federal law by requiring Lifeline providers to remit 911 service charges for end users despite absence of a financial transaction, but the 6th Circuit said the law doesn’t “require Lifeline providers ‘to collect from, or remit on behalf of,’ a charge ‘imposed on’ an end user.” The court disagreed with appellant Kentucky 911 Services Board that CTIA lacked standing (see 2108190049). The case’s judges were Eugene Siler, Eric Clay and David McKeague. The 6th Circuit opinion wasn't recommended for publication. CTIA didn’t comment by our deadline.

The Oregon Public Utility Commission is seeking comment by Jan. 21 on making permanent its temporary increase of the Oregon Telephone Assistance Program (OTAP) subsidy. The PUC circulated the NPRM Thursday that commissioners ordered last month (see 2111160035) to the service list in docket AR-646. The commission temporarily increased OTAP support by $3 a month on July 28 for Sept. 1-Jan. 31 to offset reduction in federal support for voice-only services.

The Iowa Utilities Board set a Dec. 13 workshop on draft legislation to change statutory telecom rules, including an expansion of what telecommunications services and providers the board may regulate. The partially virtual event starts at noon CST, the IUB said Wednesday in docket NOI-2021-0002. CTIA raised concerns Oct. 29 that the draft bill is “a seemingly unprompted reversal of course” on prior decisions to deregulate wireless, “which could harm consumers and dissuade investment.” Proposed changes are “unnecessary, violate federal law, and are preempted,” AT&T warned. The carrier specifically opposed adding wireless and interconnected VoIP to the state definition of telecommunications service provider. Giving IUB broadband and wireless authority “raises legal and policy concerns,” Lumen said. The Office of Consumer Advocate supported a technology-neutral definition of regulated telecom services. “Customers may not be aware of, or even care, which type of technology is carrying their telephonic communications. The important concern for customers is that their calls are completed with good service quality.”