FCC failure to coordinate with states on the Rural Digital Opportunity Fund forced the Illinois Office of Broadband “to delay its preferred timeline for accepting applications and awarding [state] funds, so as not to jeopardize the plans of any potential bidders in Auction 904,” the Office of Broadband said in a Monday-posted filing in docket 10-90 about a Tuesday meeting with aides to Democratic Commissioners Jessica Rosenworcel and Geoffrey Starks. “These delays have come at a particularly inopportune time, just as the COVID-19 pandemic has heightened the importance of broadband in the daily life of all Americans.” A 25 Mbps download, 3 Mbps upload speed “is unlikely to meet the nation’s broadband needs over the coming decade,” the office added. An order on circulation at the FCC rejects the Illinois office’s petition for reconsideration of the RDOF order (see 2008100043).

An Oklahoma proposal to switch to connections-based USF contribution needs further study, state Attorney General Mike Hunter (R) told the Oklahoma Corporation Commission (OCC). The commission posted findings of fact Monday and conclusions of law received Friday in docket OSF 201900316 about the state USF administrator’s recommendation to adopt a connections-based method to stabilize the fund (see 2008110047). The plan might have merit but “lacks significant evidence in several important areas, including the outcome of such a transition in other states and the possible shift of burdens between customer types and locations,” the AG said. The proposal’s estimated funding requirement includes unsubstantiated expenses “derived from private conversations between the Administrator and representatives of telecommunications companies,” he said. “These projections include alleged expenses that are not known and measurable.” If the commission still decides to move ahead, the AG suggested "a blended methodology” where connections-based contribution would apply to only 20%-25% for the first year in a “gradual” transition. The legislature’s “oversight and involvement is necessary to adequately reform the OUSF,” he noted. A coalition including the OUSF administrator, Windstream, CenturyLink and many rural LECs urged OCC Administrative Law Judge Dustin Murer to recommend the connections-based mechanism as lawful, fair and equitable and in the public interest. CTIA disagreed, saying supporters failed to show that the connections method won't violate state or federal law, that it won't hurt poor or unemployed people, or that the state USF is unstable.

The 2nd U.S. Circuit Court of Appeals affirmed a 2017 U.S. District Court ruling in Rutland, Vermont, that dismissed part (see 1712200043) of VTDigger’s Freedom of Information Act and privacy lawsuit against the Department of Commerce. The suit was aimed at FirstNet responsiveness to FOIA requests and a claim the government violated 2002 E-Government Act Section 208 by failing to do and publish a privacy impact assessment for the FirstNet state plan portal (see 1807300058). The 2nd Circuit heard oral argument in September (see 1909030025). The district court “did not err in concluding” FirstNet “is not subject to FOIA” and that “an agency need not search for records if it has reasonably determined that a search would be futile,” Judges Susan Carney, Raymond Lohier and John Walker ruled Friday (in Pacer). NTIA and Commerce, which aren’t exempt from FOIA, “adequately responded to plaintiffs’ FOIA requests. Based on sworn declarations from NTIA and DOC officials explaining why the agency would not have responsive records, the district court determined that the agency did not violate FOIA by declining to conduct a search.” VTDigger and other plaintiffs in the case are “evaluating our position” on the lawsuit and are “deciding how to move forward,” said National Security Counselors lawyer Kal McClanahan, who represents the plaintiffs, in an interview. The 2nd Circuit’s ruling was “not a good decision” from the perspective of transparency or privacy law given it turned the standard for FOIA cases “on its head.” The plaintiffs “will be taking steps in the future to see what can be done about it,” McClanahan said.

There are 58,804 cable and wireline subscribers without service due to the “Midwest Derecho” in the 24 Iowa counties covered by the current activation of the FCC’s disaster information reporting system, said Thursday’s DIRS report. The affected areas also have outages at 12.4% of cellsites, and three FM stations and one AM station are down. No public safety answering points or TV stations reported being out of service, the report said.

The New Jersey Board of Public Utilities voted 5-0 Wednesday to clear Windstream’s bankruptcy reorganization. Commissioners cleared the item in docket TM20060388 without discussion as part of the board’s consent agenda at a livestreamed virtual meeting. The proposed transaction won’t negatively affect rates nor the company's providing safe and adequate service, the agency said in the order. The board relaxed a state notification rule last month for the transaction due to COVID-19 (see 2007160027). Windstream “received approvals in more than half of the states where we filed applications to date,” a spokesperson said. New Jersey OK “keeps us on track to emerge from restructuring later this summer stronger than ever to expand broadband to rural America and help businesses succeed in the digital transformation.” Another telco in bankruptcy, Frontier Communications, notified the California Public Utilities Commission Tuesday that the U.S. Bankruptcy Court of the Southern District of New York postponed considering whether to approve the carrier’s plan that day. “Frontier is conferring with the Bankruptcy Court and expects the confirmation hearing date to be set later this week," Cooper White attorney Patrick Rosvall wrote in an email to the A.20-05-010 service list. Frontier had planned to submit the plan to the CPUC Friday and will propose a new date when it learns more from the court.

Nebraska lawmakers voted 47-0 Tuesday for a broadband infrastructure bill. LB-992 would ease deployment on existing electric easements. It would require the Nebraska Public Service Commission to establish an E-rate special construction matching fund program to support fiber installation at libraries with state USF. Profits from leasing excess capacity on dark fiber that currently go to an internet enhancement fund would go instead to state USF, with the former fund to be terminated June 30. The bill would also create a state broadband coordinator and four regional technicians to support libraries with internet and computer access. The bill goes next to Gov. Pete Ricketts (R), who didn’t comment Wednesday.

Frontier Communications will spend at least $25 million in each of the next three years in Ohio under a settlement agreement approved Wednesday by the Public Utilities Commission of Ohio. If Frontier doesn’t meet certain quarterly metrics for two consecutive quarters, it agreed to commit an extra $150,000 each year. The carrier agreed to give bill credits to customers when service isn’t restored within 72 hours, review its outage restoration process and make plans to reduce 911 outages and educate consumers. Frontier worked with PUCO staff and the Ohio Consumers’ Counsel “to reach an agreement that resolves the proceeding and will provide network and service quality improvements to our telephone customers in Ohio,” said Frontier Senior Vice President-Federal Government Affairs Ken Mason.

A New Jersey Assembly panel cleared a bill to study municipal broadband. A-850 would create a commission to report to the governor on feasibility of community broadband networks. The Science, Innovation and Technology Committee amended the bill Monday to adjust the group’s composition. The New Jersey Division of Rate Counsel, which would get a seat on the commission, supported the bill in a Friday letter to the committee shared with us Monday. “Broadband service can no longer be considered a luxury service,” wrote Director Stefanie Brand. The bill goes next to the Assembly Speaker Craig Coughlin (D), the committee said.

Connecticut telecom outages from Tropical Storm Isaias declined, the FCC said in a disaster information reporting system status report Tuesday. Cable and wireline companies reported about 39,400 subscribers without service Tuesday, down from 70,000 subscribers Monday, and out-of-service cellsites declined to 0.5% from 1.6% (see 2008100037). Also, on Tuesday, the FCC deactivated DIRS for Isaias. It said it will "continue to monitor the status of communications services and work with providers and government partners as needed" to support restoration efforts.

Miscommunication appeared to cause more 911 dispatching issues this week in Washington, D.C., by the Office of Unified Communications (OUC). An ambulance, with a patient inside, called for help Monday after getting hit by a vehicle chased by police in Southeast Washington, according to OpenMHz audio of radio transmissions flagged by former reporter Dave Statter. The D.C. dispatcher appeared to become confused which ambulance had sought help, and at first sent responders to a different one located in the city’s Northeast quadrant. A day earlier, responding to three men who fell overboard from a power boat, D.C. dispatchers sent help to the wrong marina, about five miles away, tweeted Statter with audio from that incident. The three men drowned, said a Washington Post report. OUC declined comment Tuesday. The Office of D.C. Auditor might probe OUC next year after many reports of dispatching issues including sending first responders to the wrong address or multiple responders to the same place (see 2008070042).