Google unlawfully failed to keep information on political ads sold in the state, Washington Attorney General Bob Ferguson (D) said Wednesday, suing in King County Superior Court. The Fair Campaign Practices Act requires political advertisers keep such information. Ferguson sued Google for the same thing in 2018, resulting in the company paying $217,000. Ferguson filed a similar suit against Facebook in April. Google didn’t comment Thursday.
Gov. Ralph Northam (D) should scrap Virginia’s privacy bill that passed the legislature last week (see 2102190041), some said Thursday. The Virginia Citizens Consumer Council (VCCC), Consumer Federation of America, Electronic Frontier Foundation, Privacy Rights Clearinghouse and the U.S. Public Interest Research Group sent Northam a letter urging him to veto the legislation or send it back to the legislature for reconsideration next January. “Virginia has taken a business-first perspective that codifies business-designed obstacles to consumers having meaningful control of their personal information,” said VCCC President Irene Leech. Consumer Reports urged Northam to sign the bill but said legislators should work next session to strengthen it. “This bill has some important privacy provisions, but consumers need more practical options,” said CR Policy Analyst Maureen Mahoney. Northam's office didn’t comment.
All ExteNet litigation with municipalities over infrastructure permitting disputes are in states without small-cell laws, said Senior Counsel-Regulatory Affairs Haran Rashes at the Wireless Infrastructure Association's virtual Connect(X) event Wednesday. He has seen “very few problems” in states with small-cell laws. It’s easiest for ExteNet to work in states with deemed granted language in their bills, and the company hopes to defeat bills in some states on issues that could raise costs, including RF safety and backup power, he added. After Alabama became the 31st state to enact a law last week (see 2102220012), New Jersey is furthest along with a small-cell bill (A-1116), said Rashes. Municipalities and industries have compromised on the measure. Several bills in New York are “promising,” he added. Rashes wishes for policies in Massachusetts and California, where localities have given the company “some real headaches.” No new small-cell bills are on tap in California, where a previous bill was vetoed, but speeding infrastructure deployment is part of the state’s current conversation on “internet for all,” said Roxanne Gould, WIA consultant in California. Broadband is moving to the “front of the line” as a top priority, she said. Many bills have been introduced, but the dust hasn’t settled on what will pass, she said. Wildfire response was a top California priority in 2020 and will continue to be this year, she noted.
Maryland lawmakers heard testimony on a revived net neutrality bill, a day after a California law was tentatively upheld by a judge (see 2102230074). Maryland HB-1064 would prohibit fixed ISPs from blocking content, ensure that state funds can be used to contract only ISPs that comply with net neutrality rules, and block governments that provide broadband service from use restrictions that prohibit free speech. The Maryland House Economic Matters Committee heard testimony Wednesday on Del. Kirill Reznik's bill. A Democrat, Reznik expects the committee to consider designating broadband service as a regulated utility later in the legislative session. The consumer protection division of the state attorney general’s office expressed “strong support” for the bill. “If you were to allow ISPs to make it more difficult for people to use the internet for their basic needs, then that would only exacerbate the digital divide,” testified Deputy Chief Steve Sakamoto-Wengel. But the internet “did not break” after the COVID-19 pandemic hit because “companies like Comcast, Verizon and AT&T invested hundreds of millions of dollars,” said Sean Looney, Comcast vice president-state government affairs. “Legislation like this discourages investment,” he said. “If you want to make sure that people have access to the internet, don’t pass a piece of legislation like this.” Looney said Comcast supports federal legislation to “stop this regulatory pendulum” of individual states passing their own versions of net neutrality. Del. Lorig Charkoudian (D) pressed Looney on why Comcast opposed the FCC 2015 net neutrality order, saying his comment appeared “inconsistent with my understanding of Comcast’s position.”
The cable industry resisted a California open-access plan for middle-mile infrastructure funded by the California Advanced Services Fund (CASF). That mandate would be "a fundamental and unlawful shift away from the program the Legislature authorized,” which requires funding for cost-effective broadband projects in unserved areas and allows middle-mile funding if “indispensable” to last-mile connections, said California Cable and Telecommunications Association comments emailed Monday to the service list for docket R.20-08-02. An open-access mandate will increase competition and choice, said the CPUC Public Advocates Office. The proposal properly includes pending CASF infrastructure applications, “because the open access benefits to surrounding communities will outweigh costs,” said The Utility Reform Network. The National Diversity Coalition urged the CPUC to “be consistent and clear,” requiring grant recipients to post pricing and other details.
Alabama is the 31st state to enact a law to streamline small-cells deployment by preempting broadband in the right of way. CTIA applauded Friday after Gov. Kay Ivey (R) signed SB-76 (see 2102110057).
Smart traffic management systems will save cities $277 billion globally by 2025 by reducing emissions and congestion, up from $178 billion this year, said Juniper Research Monday. High-traffic smart intersections, leveraging connectivity and artificial intelligence-based automation, monitor and manage traffic flow based on real-time data, potentially slashing time wasted in road congestion by as much as 33 hours yearly per motorist, it said.
T-Mobile and San Francisco don’t expect to settle their wireless infrastructure dispute, said a Monday joint statement (in Pacer) at U.S. District Court in San Francisco. “Counsel have met and conferred on settlement” but couldn’t agree, they said. "As the parties believe that the core issue before the court is purely a matter of law, this case is ripe for a ruling on Plaintiff’s Motions.” A hearing on T-Mobile’s Feb. 2 motion (in Pacer) for summary judgment is March 12 at 10 a.m. The carrier wants the court to affirm deemed-granted status of a dozen applications to modify wireless facilities (see 2012040029).
Comcast again delayed implementing its data cap plan for numerous Eastern states, now until 2022. "While only a very small percentage of customers need additional data, we are providing them with more time to become familiar with the new plan," it blogged Thursday. The cable ISP said this month it was pausing overage fees until August on the 1.2 TB limit in Eastern and Northeastern states (see 2102030017). That delay didn't end concerns from state and local officials. See our report here.
Business and tech industry groups sought to stop Maryland’s digital ad tax in federal court Thursday. The U.S. Chamber of Commerce, Internet Association, NetChoice and Computer and Communications Industry Association (CCIA) sued in U.S. District Court for Northern Maryland after the Assembly voted last week to override Gov. Larry Hogan’s (R) veto of the bill (see 2102120050). The Internet Tax Freedom Act preempts the Maryland law, which also violates constitutional due process and commerce clauses “by burdening and penalizing purely out-of-state conduct and interfering with foreign affairs,” industry plaintiffs said. “The Act is a punitive assault on digital, but not print, advertising. It is illegal in myriad ways and should be declared unlawful and enjoined.” Though “styled as a tax, several features confirm its punitive character, including its severity (up to 10% of gross revenues), its focus on extraterritorial conduct, the segregation of its proceeds from the State’s general fund, and the legislative history leading to its enactment,” they said. A Hogan spokesperson emailed that the suit "highlights how not only are there real policy problems with the digital ad tax, but also serious legal questions surrounding it as well." The Maryland attorney general's office didn't comment.