There's no need to update Michigan pole attachment rules as ExteNet seeks, commented electric utilities Thursday in Public Service Commission docket U-20980. The PSC's “light-touch regulation of the rates, terms and conditions of pole attachments through tariffs and complaint proceedings has worked remarkably well,” with no disputes between pole owners and attachers in 14 years, commented Indiana Michigan Power: Don’t adopt “rigid, inflexible, burdensome, one-size-fits-all pole attachment regulations.” The utility doesn’t oppose the PSC clarifying jurisdictional issues including that it has authority over wireless attachments, and would support increasing the uniform statewide rate for attachments that was set in 1997. DTE said “ExteNet provides few relevant facts or commitments to serve the people of Michigan, and no demonstrations of actual access concerns or need for the dramatic pole attachment overhaul it seeks.” Consumers Energy agreed. Since Michigan recently adopted a small-cells law, the PSC “should resist the suggestion of” pursuing “policy end goals not provided by the Legislature,” warned the Michigan Electric Cooperative Association. Relying on “tariffs and agreements of individual pole owners is not in compliance with Federal Law,” commented ExteNet, urging the PSC to adopt FCC pole-attachment rules. CTIA said the FCC rules “have proven fair and effective in promoting deployment in both the states in which the FCC maintains jurisdiction over pole attachments (approximately half) and the number of other states that have adopted either the FCC’s rules or ones substantially similar.” While cable companies and pole owners “may be able to coordinate efficient and effective pole access without regulations and specific tariff requirements, the predictability of the approach followed by the FCC and other certified states ensures timely access in addition to equity and non-discrimination among attaching entities,” commented the Michigan Cable Telecommunications Association. Harmonizing with FCC rules would clarify jurisdictional confusion, said Crown Castle. PSC staff said the commission might want to clarify timelines for resolving disputes (see 2106100030).
Michigan pole attachment rules are hazy on whether the state must address complaints within 180 days as required by Section 224(c)(3) of the Communications Act, Public Service Commission staff commented Thursday in case U-20980. The PSC should consider action to "best preserve reverse pre-emption for" Michigan, staff said. ExteNet asked the commission to update rules (see 2105130043).
Don’t let Dish Network delay T-Mobile’s network transition, urged the National Diversity Coalition and other minority advocates in a letter to the California Public Utilities Commission, emailed to the docket A.18-07-011 service list Thursday. “It may be in the best interest of DISH's bottom line to avoid the costs associated with this critical transition. Unfortunately, it is fundamentally counter to the interests of its diverse customer base across California, as it will further delay their access to the benefits of broadband.” T-Mobile urged the CPUC to reject Dish's request (see 2105280016).
The FCC Wireline Bureau authorized Broadband VI's Connect USVI Fund Stage 2 support, said Wednesday's Daily Digest. Broadband VI won $84.5 million to provide voice and broadband services over 10 years with up to 1 Gbps (see 2011160033). Also in Wednesday's digest is a Wireline Bureau order denying Viya's petition to vacate and reissue its public notice announcing Broadband VI as the winning applicant. The petition was "untimely" because the bureau hadn't taken action to authorize Broadband VI's support at the time, and it sought application information that the bureau already decided would be confidential. Viya may file a new petition.
The Nebraska Public Service Commission opened docket C-5272 to implement a state law for broadband grants. The PSC will administer the $20 million program that Gov. Pete Ricketts (R) enacted May 26 (see 2105270010). The unanimously approved order seeks comment by June 29, with a July 13 hearing.
Colorado could soon become the third state with a comprehensive privacy law. Senators voted 34-0 Tuesday to concur with House amendments to SB-190. The House passed the bill 57-7 Monday. The Senate kept House changes including language clarifying that nothing in the law provides for a private right of action. The bill goes next to Gov. Jared Polis (D), whose office didn’t comment now. Polis is widely expected to sign, particularly given the wide voting margins in the House and Senate, said Ballard Spahr privacy attorney Greg Szewczyk in an interview. SB-190 follows Virginia’s model with much of the same terminology and big-picture requirements, so having Colorado as the third state law probably won’t significantly complicate U.S. privacy rules, he said. Unlike Virginia, but as in California, Colorado’s attorney general would have to make rules implementing the bill, he said: “As to how difficult compliance is going to be, that may have a significant impact.” One big difference with Virginia is that Colorado would allow enforcement by district attorneys in addition to the AG, Szewczyk noted. Colorado’s law is “a mixed bag” that lawmakers should seek to strengthen in future years, Common Sense Media Director-State Advocacy Joseph Jerome told us: “I don’t think it’s anybody’s dream privacy law, but ... it’s certainly a marked improvement over what was able to pass out of Virginia earlier this year.” DAs joining enforcement could be useful, he said. SB-190 has good parts, including requiring companies to honor browser privacy signals as an opt-out, but “the bill needs to be stronger to fully protect consumers, including by tightening up potential loopholes for targeted advertising, and clarifying that consumers can’t be charged for exercising their privacy rights,” emailed Consumer Reports Senior Policy Analyst Maureen Mahoney. Computer and Communications Industry Association Privacy Counsel Keir Lamont said “the prospect of an increasingly divergent set of state-level compliance obligations further underscores the need for federal action to establish baseline privacy rules.”
OMB OK'd FCC information collection requirements for the Uniendo a Puerto Rico Fund and Connect USVI Fund Stage 2 for a three-year period starting now, says Tuesday's Federal Register. The funds support territories with infrastructure damaged during hurricanes Irma and Maria.
The Colorado legislature cleared a bill to implement a national 988 suicide prevention dialing code. The House voted 53-10 for the bill (SB-154) that senators unanimously cleared May 10.
Connecticut could soon make prison calls free. A measure (SB-972) covering all state prisons will go to Gov. Ned Lamont (D), after the House voted 94-51 Thursday. Lamont, who will have five days to sign or veto before it becomes law automatically, hadn’t received the bill, a spokesperson emailed: “We will review it through our process.” Connecticut has no local jails, so the law if enacted would mean relief for all incarcerated people and their families in the state, said a Worth Rises spokesperson Friday. The anti-prison advocate estimated it would save about $12.2 million annually.
Internet industry groups added a motion for preliminary injunction to their lawsuit challenging Florida’s social media law that makes it unlawful for sites to deplatform political candidates and requires sites be transparent about policing. NetChoice and the Computer and Communications Industry Association sued May 27 (see 2105270073). U.S. District Court in Tallahassee should stop the law before it takes effect July 1, the challengers said Thursday in docket 4:21-cv-00220-RH-MAF. “Expedited consideration is necessary because the Act would inflict immediate, irreparable harm upon Plaintiffs’ member companies.”