A Connecticut regulator deemed incomplete Frontier Communications’ updated application involving the telco’s bankruptcy reorganization Friday, but the carrier said there was a "computer issue." The Public Utilities Regulatory Authority (PURA) dismissed Frontier’s application last month because its reorganization plan was a draft and subject to change. The carrier submitted again July 1 in docket 20-04-31. “The filing consists of exhibits and other supporting documents for an updated joint petition; however, the filing materials do not include an updated joint petition,” PURA wrote back: The company must file a complete application by Aug. 10. “Frontier provided PURA all necessary information and it is Frontier’s understanding that due to a computer issue it was not logged in PURA’s electronic system," a spokesperson responded Friday. "Frontier will continue to respond as needed to move the approval process forward expeditiously.” At the California Public Utilities Commission Thursday, Frontier rejected protests to its similar application in docket A.20-05-010, where consumer advocates and Communications Workers of America sought a thorough review of its application. The CPUC should resist “attempts to unreasonably expand the scope of the proceeding beyond the public interest analysis of this limited transfer of control,” Frontier said. It’s “not an open-ended opportunity to evaluate” the operations, nor is it a “referendum” on the company acquiring Verizon assets in 2016, it said. CWA urged the Minnesota Public Utilities Commission last week to follow PURA’s approach and dismiss Frontier’s application (see 2007090049).
A fresh Oregon USF law mooted Public Utility Commission action on USF contribution. The PUC closed docket AR-615 on requiring contributions from interconnected VoIP providers Thursday, after Gov. Kate Brown (D) signed SB-1603 Tuesday to apply the state USF surcharge to VoIP and wireless providers. The law reduces the revenue-based rate to 6% from 8.5% and caps the state USF at $28 million annually. It directs the PUC to transfer up to $5 million from state USF to a new broadband fund. The Oregon law’s requirement to collect from VoIP appears consistent with federal law, said Voice on the Net Coalition Executive Director Glenn Richards. CTIA referred us Thursday to its June 24 testimony opposing the bill. "This legislation would result in wireless consumers paying in excess of $35 million annually" on state USF surcharges, the wireless association wrote.
Approving Frontier Communications bankruptcy reorganization is in the public interest, Minnesota’s Commerce Department said in Wednesday comments at the Public Utilities Commission. "Frontier would be in danger of disrupting service to its customers had it not sought bankruptcy protection from its creditors and arranged for approval of its plan of reorganization,” the department said in docket 20-504. U.S. Bankruptcy Court for the Southern District of New York could deny Frontier’s plan without state commission OKs, the department said. “Such action would delay efforts to restructure Frontier and institute reliable customer service.” The department asked the PUC to add a most-favored-state condition to its OK in case other states get special commitments. Two unions said Frontier’s application is deficient. Proposed new owners haven't joined in the application as law requires -- and they probably can’t -- "since they do not presently exist as legal entities,” commented Communications Workers of America. The proposed reorganization isn’t ripe for PUC consideration because it’s only a draft, said CWA, noting Connecticut’s Public Utilities Regulatory Authority dismissed Frontier’s similar application last month because it was subject to change. The Minnesota PUC should similarly dismiss the application or deem the filing incomplete and hold it in abeyance, CWA advised. The Laborers' International Union of North America-Minnesota and North Dakota said it gets why Frontier must restructure but must know more. “The application does not discuss how Frontier will balance market challenges and customer obligations, or how the company intends to handle obligations to third-party contractors or ensure that cost management measures do not negatively impact contractor workforce.”
The Texas Public Utility Commission looks “actively engaged” on addressing Lifeline eligible telecom carrier concerns on a Texas process (see 2007020033), said the National Lifeline Association. NaLA spoke July 2 with the FCC Wireline Bureau about its petition to revoke Texas’ opt-out of the national Lifeline accountability database (NLAD), said a filing posted Wednesday in docket 17-287. The PUC appears to be directing the Texas Low-Income Discount Administrator (LIDA) “to fix its identity and address verification performance failures and to fix its End-of-Month Report so that it becomes a reasonable equivalent to the NLAD Snapshot Report,” NaLa said. Comments on NaLa’s petition are due Friday at the FCC.
Colorado Gov. Jared Polis (D) signed a telehealth bill (SB-212) Monday to expand Medicaid reimbursement (see 2006150041). Polis also signed a broadband bill (HB-1137) requiring significant weight to be given to a locality certifying that an area is unserved for the purpose of receiving grants.
Speed mandates for an FCC 5G Fund must be high enough to ensure the public sees meaningful increases in service, Next Century Cities said in a filing posted Monday in docket 20-32. “One proposal would require fundees to provide minimum speeds of 35 Mbps downstream and 3 Mbps upstream, a low standard for what is branded as a revolutionary technology,” the group said: “The slight increase to the download speed minimum falls short of the proposed high throughput, low latency benefits the FCC has touted regarding 5G.”
Wireless carriers warned California it will exceed legal authority with network resiliency requirements responding to wildfires and public safety power shutoffs. The California Public Utilities Commission received comments Wednesday in docket R.18-03-011 on a proposed decision giving wireless providers 12 months to deploy generators capable of 72-hour backup power in tiers 2 and 3 high-fire-threat districts. Counties hit hard by wildfires last year support the plan (see 2006170049). The PD "proposes several requirements that are unworkable and, as discussed below, exceed the Commission’s legal authority and are preempted by federal law,” commented CTIA. “Much of what has been proposed is expressly preempted by the federal Communications Act, barred by conflict preemption" given the FCC's "affirmative decision not to regulate these matters, and barred by field preemption.” Seek industry “informational filings,” CTIA asked. AT&T and T-Mobile raised similar issues. The proposal contains "factual, legal and technical errors that perpetuate certain fundamental misperceptions of wireless network resiliency and otherwise relies on unprecedented and unlawful assertions of Commission authority,” T-Mobile said: The CPUC lacks "authority to mandate how wireless carriers design their networks, the type or level of service they provide, the times that service is available, or what equipment should be used to help maintain service.” Noting the PD didn’t include infrastructure companies, the Wireless Infrastructure Association mostly supported the draft, including the proposed waiver process for areas where the requirement is infeasible or not needed. Avoid being “inundated with waiver requests," WIA suggested: “Any requirement that 72 hours of backup power must be deployed at all small cells would trigger an onslaught of waiver requests,” so expressly limit that requirement to macro cellsites that provide coverage. The Utility Reform Network said the CPUC has authority and “ample record support.” Also address "the need for reliable backhaul,” TURN said. The California State Association of Counties urged considering expanding the backup power rule to tier 1 high fire threat districts.
California Consumer Privacy Act enforcement starts Wednesday, Attorney General Xavier Becerra (D) reminded Tuesday. Proposed final rules submitted June 1 to the Office of Administrative Law “are currently pending approval,” the office said. Some raised legal concerns with CCPA (see 2006040046).
A fight is brewing in the Assembly over areas eligible for broadband grants under the California Advanced Services Fund. Monday, the chamber erased the complete contents of AB-570 about local government bonds and inserted CASF language that conflicts with the Senate-passed SB-1130 (see 2006260069). The Senate bill would raise the minimum standard for a served area to 25 Mbps symmetrical, but the Assembly bill maintains current 6/1 Mbps minimum. It would change the law by allowing funding for high-poverty areas where at least half residents are designated low income by the U.S. Census American Community Survey. In eligible areas, it would fund speeds at 25/3 Mbps -- up from 10/1 Mbps now. The revised AB-570 amounts to a Frontier Communications “bailout,” because it would mean areas now served by Frontier DSL would remain ineligible for funding, Electronic Frontier Foundation Senior Legislative Counsel Ernesto Falcon told us Tuesday. EFF supports the fiber-focused SB-1130, he said. By preferring low-cost providers that can provide 25/3 Mbps, the proposed law could lead to even more DSL rollout, he said. Falcon expects a hearing on both bills in late July in the Assembly Communications and Conveyance Committee. SB-1130 opponent the California Cable and Telecommunications Association is reviewing AB-570, said CCTA President Carolyn McIntyre. Frontier declined comment.
The Louisiana House voted 97-0 Monday to concur with the Senate on HB-69 to give Rural Digital Opportunity Fund winners sales-and-use tax rebates on fiber facilities. The bill goes to the governor, who was sent an electric co-op bill (SB-10) Monday, passed Thursday (see 2006260059).