Thousands of K-12 students were affected by 99 reported data breaches July 2016 to May 2020, GAO said Thursday. Fifty-eight involved academic records, “including assessment scores and special education records,” GAO said. Data including personally identifiable information like Social Security numbers was in 36 breaches. Staff was responsible for 21 of 25 accidental breaches, and students for 27 of 52 intentional breaches, most often to change grades, with the remaining 22 of “unknown intent,” GAO said: “Reports of breaches by cybercriminals were rare but included attempts to steal PII.”

California’s net neutrality law is preempted under the U.S. Constitution’s supremacy clause, argued DOJ Wednesday in support of its motion for preliminary injunction against SB-822. “This constitutional infringement alone constitutes irreparable harm, but SB-822 piles on by reinstating rules that the FCC determined have more costs than benefits, and imposing separate state requirements that the FCC found could inhibit broadband investment and increase costs to consumers,” the government replied (in Pacer) at the U.S. District Court in Sacramento. “California argues that it needs SB-822, but the State has not enforced the law for more than two years.” The case resumed this summer (see 2008200034).

The California Public Utilities Commission should write a broadband plan, said the agency’s independent Public Advocates Office (PAO) in comments posted Tuesday in docket R.20-09-001. The agency opened the rulemaking last month to get more involved in broadband despite jurisdictional questions (see 2009180038). The CPUC should assess whether current state subsidy funds will be enough and consider contribution revisions, PAO said. Small LECs warned not to take an overly generous view of jurisdiction. Charter Communications urged the CPUC to focus on removing regulatory barriers, including those on permitting and pole access. If the CPUC is considering utility-style broadband regulation, it “risks exceeding its jurisdiction and interfering with federal law,” the company warned. Crown Castle said “the quickest and most cost-effective reform” would be to require local and state authorities to approve broadband permits within 90 days, with a deemed granted remedy if the shot clock runs out. California’s previous governor vetoed a bill to streamline small-cells deployment by preempting localities in the right of way.

Kansas Gov. Laura Kelly (D) tagged $50 million for broadband and signed an executive order to create a state broadband office, her office said Thursday. Stanley Adams, currently broadband initiatives director for the Kansas Commerce Department, will lead the department’s new Office of Broadband Development, it said. The broadband funding for 67 fiber and fixed wireless projects comes from federal coronavirus relief. Also Thursday, Michigan Gov. Gretchen Whitmer (D) announced $12.7 million in broadband grants. The Wisconsin Public Service Commission voted 2-1 Thursday to spend about $5.3 million of federal coronavirus relief on 12 broadband projects.

The California Public Utilities Commission will consider regulating inmate calling services intrastate rates, the CPUC said in a news release. The commission opened a rulemaking Thursday, seeking comments by Nov. 9, replies by Nov. 19. A 15-minute call in some areas can cost $26.75, the agency said. “Incarcerated people are people; they are Californians; they are ratepayers; they have not lost the legal protections afforded to all ratepayers; and this Commission therefore has a legal obligation and -- I think -- a moral duty to ensure they are treated fairly,” said Commissioner Martha Guzman Aceves in the release. The CPUC should act on intrastate rates while the FCC works on interstate rates, said Commissioner Genevieve Shiroma. The FCC and NARUC, coordinating on the issue, noted statutory limits to reducing intrastate rates (see 2009220051).

AT&T denied Mississippi Public Service Commission claims the carrier sent false information to Universal Service Administrative Co. Commissioners asked the FCC last week to audit AT&T on its use of more than $283 million in Connect America Fund support to expand broadband to 133,000 Mississippi locations (see 2009300023). USAC earlier this year upgraded its portal to allow bulk corrections to data, and AT&T hasn’t revised the data because it first wanted to review and validate geocoding of its entire CAF II locations inventory, the carrier said in a Wednesday letter to FCC Wireline Bureau Chief Kris Monteith and Inspector General David Hunt. AT&T isn’t deceiving by advertising internet as available at a location but then finding it’s unable to install service after the company’s technician measures signal strength, it said. The telco said it will comply with interim buildout milestones and exceed the 100% requirement by year-end in Mississippi and all 17 other CAF II states. Mississippi PSC Commissioner Brandon Presley tweeted Thursday that he asked commission staff to investigate reports that AT&T will stop expanding DSL. “While DSL is not an optimal choice for internet service, it’s all that many have and is better than other services.” AT&T provided us a statement in response (see 2010080066).

Revised low-income subsidy amounts and standards adopted unanimously by the California Public Utilities Commission will increase free and low-cost mobile broadband for state LifeLine participants, the CPUC said Thursday. The proposal in docket R.20-02-008 adds options for higher mobile data buckets and subsidies for VoIP bundled with fixed broadband. The commission estimated the decision will reduce LifeLine costs by up to $9.2 million yearly by cutting subsidies for wireline measured rate plans. The order requires providers to change to flat rate plans. President Marybel Batjer urged the state’s five largest broadband companies to participate “so all low-income Californians have improved -- if not free -- affordable, high speed connections.” The decision “brings broadband service for the first time into our LifeLine proceeding as the COVID-19 pandemic has emphasized the importance of broadband access for all Californians,” said Commissioner Genevieve Shiroma. Carriers resisted CPUC changes as the FCC mulls federal Lifeline minimum increases (see 2009250043).

The Oregon Public Utility Commission will weigh reducing the state USF surcharge to 5%, at its Oct. 20 meeting, said a staff memo released Tuesday. Staff will answer questions by conference call Monday. The current surcharge is 8.5%, a PUC spokesperson said.

The Louisiana House supported creating a state broadband office, voting 94-0 Tuesday to send HB-74 by Rep. Daryl Deshotel (R) to the Senate. The Louisiana Senate Commerce Committee unanimously cleared companion SB-61 by Sen. Beth Mizell (R) Wednesday with amendments to more closely align it with HB-74 and make technical edits. “Currently, there is no mechanism in the state to receive money or to disseminate money,” Mizell said at the livestreamed hearing. The office will be “proactive,” not “regulatory,” and Gov. John Bel Edwards (D) plans to reshuffle existing resources to pay for it, she said. Commerce Committee Chairman Ronnie Johns (R) said he understands: “I have kids at home right now ... trying to go to school virtually and cannot.” Governors and legislatures are increasingly showing frustration with broadband gaps and taking action (see our report here).

Gov. Gavin Newsom (D) has “currently no plans to call a special session,” a spokesperson emailed Tuesday in response to calls by Next Century Cities, Electronic Frontier Foundation and local officials to reconvene the legislature to address the digital divide (see 2010060059). The groups support SB-1130 to increase the state internet speed standard to 25 Mbps symmetrical from 6/1 Mbps. The Senate passed the bill; the Assembly didn’t put it up for a floor vote.