California should delay enforcing its privacy law for six months due to COVID-19, BakerHostetler lawyers blogged Wednesday. It would “allow our clients time to better focus on business continuity and the safety of consumers and employees in response to the national COVID-19 state of emergency,” they said. The law firm wrote the California attorney general's office Monday seeking delay. California Consumer Privacy Act enforcement starts July 1. The AG office is "committed to enforcing the law upon finalizing the rules or July 1, whichever comes first," emailed spokesperson for AG Xavier Becerra (D). "We're all mindful of the new reality created by COVID-19 and the heightened value of protecting consumers' privacy online that comes with it. We encourage businesses to be particularly mindful of data security in this time of emergency."
The Nebraska Public Service Commission will do virtual meetings and no longer allows walk-ins to mitigate against COVID-19, the agency said Thursday. Public can attend telephonically starting with Tuesday’s meeting, it said. “This will be an interactive process and just like our regular meetings will provide a time for public comment,” said Chair Mary Ridder. The Nebraska PSC urged carriers to pledge to keep Nebraskans connected by removing data caps, waiving installation and equipment fees and providing free or "near-free" services for at least two months. The Pennsylvania Public Utility Commission will conduct next Thursday's meeting telephonically. The Idaho Public Utilities Commission moved to telephonic meetings Wednesday. The North Carolina Utilities Commission suspended all hearings until April 13 earlier this week. The Virginia State Corporation Commission said starting Friday it won't allow in-person business during the emergency. Michigan Gov. Gretchen Whitmer (D) signed an executive order Wednesday temporarily changing the state Open Meetings Act to let public bodies conduct meetings electronically until April 16. Oregon Gov. Kate Brown (D) Wednesday directed higher education institutions to shift exclusively to online learning. Many state commissions are revising procedures (see 2003170005).
Unsolicited telemarketing calls are now illegal in New York as a result of Gov. Andrew Cuomo (D) declaring a disaster state of emergency for COVID-19 until Sept. 20, due to a 2019 change to the state’s do-not-call statute, K&L Gates attorneys blogged Wednesday. “While the legislative history and the Governor’s announcement about the statute all speak to ‘residents’ and ‘individuals,’ so as to suggest that the intent is merely to limit telemarketing calls to residential customers, because the statute can be read to also restrict calls to businesses, it may be prudent to limit all telemarketing calls during the emergency disaster period,” blogged Harris Beach attorneys.
Maryland’s proposed digital tax passed the legislature 88-47 as the Maryland House concurred with the Senate-amended HB-732, originally just a tobacco tax bill. Advertisers and others say a lawsuit over the measure is possible, if enacted (see 2003170057). The bill would impose taxes on annual gross revenue from digital ad services, ranging from 2.5% to 10%, for companies exceeding $100 million annual revenue. On the floor Wednesday, Del. Daniel Cox (R) asked if the proposed digital tax violates federal law. That would be up to the courts, but Maryland’s attorney general was consulted, replied bill sponsor Del. Eric Luedtke (D). Cox asked how it would be taxed in Maryland alone. The state comptroller will determine that, said Luedtke. Lawmakers want the tax to help fund state education, but the plan “is more likely to result in legal bills than increased funding for education,” the Free State Foundation blogged Friday. The bill goes to Gov. Larry Hogan, a Republican who has said he’s generally against raising taxes.
Maryland legislators delivered a 911 audit bill to Gov. Larry Hogan (R). The Senate voted 46-0 Monday for HB-6, which would require wireline and wireless providers to keep records of 911 fees collected and remitted for at least four years, and require the state comptroller to adopt procedures for auditing surcharge collection and remittance. A February House vote also was unanimous (see 2002140051).
Responding to the COVID-19 outbreak, Arizona telecom companies “are expanding broadband and increasing bandwidth and connectivity near schools and in libraries,” and making public Wi-Fi hot spots free, per the FCC’s Keep America Connected pledge, the Arizona Corporation Commission said Monday. The ACC held a special open meeting Monday on utilities’ continuity plans. Many utilities said they “implemented disconnect moratoriums and there will be no disconnection for electric, gas, telephone, wastewater and water due to unpaid bills during the COVID-19 epidemic,” the agency said. The Texas Public Utility Commission held an emergency meeting Monday to order staff teleworking and social distancing measures, including suspending agency rules requiring physical interactions and filing hard copies. "Diligent utilization of communications technology can keep us connected as we do what is best for Texans," said Chairman DeAnn Walker. The California Public Utilities Commission asked communications companies Tuesday to halt customer disconnections for nonpayment. The Wyoming Public Service Commission ordered no utility disconnections and adjusted several agency procedures, including allowing all filings to be submitted electronically and suspending some reporting requirements. The PSC won’t allow visitors and will postpone or teleconference meetings. The Nevada Public Utilities Commission closed Las Vegas and Carson City offices per an order by Gov. Steve Sisolak (D). The Michigan Public Service Commission canceled its Wednesday meeting. The Maryland PSC closed its Baltimore office, canceled meetings this and next Wednesday and waived paper filing requirements. Many state commissions are acting to stop disconnections while revising their own procedures (see 2003160035).
Comments are due April 16 on a national verifier program on Lifeline eligibility using matching data from Colorado, Mississippi, New Mexico and Utah on Medicaid and other state programs. The Universal Service Administrative Co. computer matching program for those states will relaunch April 19 and end Oct. 18, 2021, unless the FCC receives written comments "that require a contrary determination," says Tuesday's Federal Register.
T-Mobile/Sprint foes set meetings at the California Public Utilities Commission, after an administrative law judge last week proposed clearing the deal at commissioners' April 16 meeting (see 2003110043). But the transaction conversations are planned amid a growing public health crisis that’s stopping business as usual at the agency. The CPUC said Friday it's canceling public forums through April 22 in an electric rate-making case due to COVID-19. The agency is following guidance from Gov. Gavin Newsom (D) “to conduct essential proceedings using technology and other means to minimize gatherings of personnel,” an agency spokesperson emailed Monday. Newsom's executive order waived in-person participation requirements, allowing local and state agencies to hold meetings by teleconference. The Utility Reform Network, one of the groups planning CPUC ex parte meetings, has “already moved most of our meetings with Commissioner offices to phone calls and I imagine they’ll still happen unless the employees themselves are unavailable for personal reasons,” TURN Managing Director-San Diego Christine Mailloux emailed Monday. The CPUC Public Advocates Office (PAO) plans to meet Thursday with an aide to Commissioner Martha Guzman Aceves and March 24 with an aide to Commissioner Liane Randolph, said two filings distributed Friday to the docket A.18-07-011 service list. Representatives for TURN and the Communications Workers of America will join, PAO said. CWA said in a Monday filing it has Thursday meetings with aides to those commissioners and Commissioner Cliff Rechtschaffen, with TURN and PAO joining. PAO "will attend the scheduled meetings via conference call," emailed the office's program manager, Ana Maria Johnson, saying she didn't know if COVID-19 would affect the review or its schedule. CWA met in person Wednesday with Guzman Aceves’ chief of staff, Jonathan Koltz, said CWA in a Friday filing. “Despite the [Dish Network] divestiture and new commitments made by the applicants, CWA continues to be concerned about store closures, job loss and wage loss that would result from the merger,” the union said. CWA urged conditions to protect workers and “specific enforcement methods to ensure outcomes.”
More state commissions aim to reduce COVID-19 impact on services they regulate. Telecom and other utilities may not terminate service in Pennsylvania while Gov. Tom Wolf’s (D) disaster proclamation is in effect, said a Public Utility Commission emergency order signed Friday by Chairman Gladys Brown Dutrieuille. “It is beyond argument that the provision of public utility service is necessary for the safety of the public,” she said. The Oklahoma Corporation Commission’s Public Utility Division is coordinating a voluntary effort by utilities to help affected state customers who may face service disconnection, the agency said Monday. Moratoriums are under consideration “for those residential customers who are directly affected by the COVID-19 virus and for high-risk residential customers,” it said. Maine telephone providers of last resort should "not engage in any disconnection activity until further notice," the Maine Public Utilities Commission said Monday. The Regulatory Commission of Alaska canceled all meetings through May 1. The Minnesota Public Utilities Commission suspended meetings for two weeks. The public may view the New York Public Service Commission's Thursday meeting by webcast only, the agency said Friday. The Washington Utilities and Transportation Commission is "still holding most open meetings and workshops, however many of them are moving to online-only participation," said a Monday update. Mississippi Public Service Commission Chairman Brandon Presley tweeted Monday that he will participate by telephone in the PSC's Tuesday meeting and urged the public to view the webcast. "While the Open Meetings Act allows for telephone participation, this is the first meeting I’ve not attended in-person in 12 years, but adherence with public health recommendations is paramount." Other state commission took similar actions last week (see 2003130065).
The Mississippi Senate voted 49-1 Thursday for a bill to establish a state emergency communications authority to develop a statewide public safety network and support next-generation 911. SB-2746 goes to the House.