The FCC Public Safety Bureau approved a waiver for Napa County, California, to run a test of the wireless emergency alert system working with participating carriers. The Napa County Office of Emergency Services requested the waiver for a test to start at 1 p.m. PST on Dec. 6. OES said in its request that “over the past two years, California has been devastated by wildfires and floods, which have led to new state alert and warning mandates and public concern about emergency warnings,” said a Tuesday order in docket 15-91: The county and “Bay Area partners are updating their mass notification plans and policies.” The backup test date is Dec. 11.

Suspending South Carolina USF support to Frontier Communications while an audit takes place would be like handing “down a sentence before holding a trial,” and is “neither supported by law nor regulation,” Frontier said Monday in docket 2019-352-C. After a 24-day Frontier outage last month, the South Carolina Office of Regulatory Staff asked the Public Service Commission to freeze payments pending an audit to determine whether the carrier appropriately used the funding (see 1911140033). Frontier said it answered ORS requests for information and will cooperate with any audit, even though the carrier think it’s “unnecessary” because “even with USF support Frontier is suffering a net loss on its regulated operations in South Carolina.” Suspending support would cause Frontier irreparable harm as a carrier of last resort, it said.

The Oklahoma Corporation Commission will hear a motion to reopen the record on state USF and set a procedural schedule to readjust the contribution factor, the OCC said in docket 201900036. The current 6.28 percent factor needs modification to ensure the state fund has enough money, said the Oklahoma USF administrator in Thursday’s motion. Data used to calculate the factor changed significantly since the factor was set, it said. Total intrastate revenue was lower than expected from July to September, a trend that will likely continue, and funding needs will exceed what the administrator previously estimated, it said. Also Thursday, New Mexico Public Regulation Commission staff urged commissioners not to recommend to the legislature any changes to state USF’s size, purpose or structure. "To date, the $30 million cap has been sufficient to cover the various demands on the fund that fall within the support programs currently in place,” it said in docket 19-00046-UT. The commission can make short-term tweaks through rulemaking or order, staff said. CTIA told the New Mexico PRC to wait to recommend USF changes (see 1911010022).

West Virginia pole attachment rules should let states opt out of automatically adopting changes to federal rules, Public Service Commission staff replied in docket GO 261. The PSC is weighing rules after the state reverse pre-empts FCC authority (see 1911080016). Staff agreed with an opt out suggested by fiber company Segra, but disagreed with the West Virginia Cable Telecommunications Association’s suggestion to tweak wording of a rule on the utility’s burden when arguing a proposed rate is below its incremental costs. Don’t adopt changes proposed by power companies, including the FCC definition for pole attachment, telecom rate formula and self-help remedy, staff said. In other Thursday replies, WVCTA, CTIA and Frontier Communications also opposed the utilities’ ideas.

Frontier Communications' South Carolina USF could face a freeze pending an audit to determine whether the carrier appropriately used the funding. The Public Service Commission opened docket 2019-352-C Wednesday after the South Carolina Office of Regulatory Staff petitioned Nov. 8 to suspend and hold state USF disbursements to the carrier. Frontier blamed antiquated equipment for a 24-day outage last month in Georgetown County, but tried to repair rather than replace or upgrade it, ORS said. “It is unclear how much additional equipment Frontier has in South Carolina that is in such an antiquated state as the equipment at issue here.” There weren’t enough local technicians to work on the problem, ORS added. The firm is the largest USF recipient in South Carolina, scheduled to receive about $6.6 million this year including about $553,000 this month, ORS said. “This raises serious concerns about whether Frontier has been utilizing the USF ... for the programs for which the funds were intended, including investing and maintaining its South Carolina network to provide basic telephone service," or is using the money for other things. The company plans to respond by Monday, its attorney wrote Tuesday. The telco didn’t comment Thursday.

A New Jersey Assembly panel will likely take up a pay-TV truth-in-advertising bill early next year, said Consumer Affairs Committee Chairman Paul Moriarty (D), in an interview. Moriarty last week proposed A-5825 to ban MVPDs and virtual ones from marketing prices other than the total billable amount (see 1911070055). With few legislative days left this year, the bill probably will need to be reintroduced in January, said Moriarty. The assemblyman expects to find a Senate sponsor to carry the bill in the other chamber, he said. Moriarty said he’s responding to constituent complaints about cable bills that are sometimes $20 more than was advertised: “It’s false advertising.” Except for taxes, providers should “tell people in advertised prices what it costs to actually use the service,” he said. The proposal includes less-traditional providers like streaming services because even if they’re not doing it now, it “doesn’t mean they won’t in the future,” Moriarty said. The legislation isn’t about “trying to oversee a particular industry,” he said. “We just want truth in advertising.” A Comcast spokesperson defended itself Thursday: “The fees that broadcast stations and regional sports networks charge us to carry their content are the two fastest growing components of our overall programming costs. We clearly disclose these fees to be transparent with customers about what’s included in their bills, and we get their consent when they sign up or add services to their account.” New Jersey Broadcasters Association President Paul Rotella emailed: "Cable companies have been shortchanging free over-the-air TV broadcasters in some cases for content. I don’t think additional fees are good for consumers or the audiences broadcasters serve." AT&T/DirecTV and other pay-TV providers didn’t comment. Moriarty said he's separately “looking into” ISPs offering consumers upgrades to higher speeds for free but then charging extra for the increase 12 months later.

Two states are close to settling Northwest Fiber’s proposed buy of Frontier Communications wireline, video and long-distance operations. The Washington Utilities and Transportation Commission said Tuesday it’s suspending the procedural schedule after hearing from staff Friday about a settlement in principle. Parties should file a proposed procedural schedule by Nov. 22, it said. The Oregon Public Utility Commission suspended its schedule Oct. 28 after the companies and Oregon Citizens’ Utility Board reached an agreement after settlement talks. The PUC asked parties to file a joint stipulation, supporting testimony and a joint status report by Dec. 4. The Montana Public Service Commission plans a Dec. 11 hearing, it said Tuesday. Competitors and consumers advocates wants the deal to enhance rural broadband (see 1910040023).

A Connecticut court's municipal broadband decision mightn't end the fight over how cities may use reserved pole space. The Connecticut Superior Court noted the matter “is clearly headed toward higher judicial ground,” as it ruled Tuesday that the Public Utilities Regulatory Authority overreached last year that “municipal gain” space on utility poles or underground ducts -- reserved by a 2013 law “for any purpose” -- can't be used to provide muni broadband (see 1911120064). One winning appellant, the Connecticut Consumer Counsel, is “pleased with the thorough nature of the decision” but won’t be surprised if PURA or telecom intervenors appeal the or shift the fight to the legislature or federal court, said principal attorney Joseph Rosenthal in a Wednesday interview. That could extend the fight another two years, he said. Municipalities now are free to use the muni gain for broadband, and some are “poised” to do that, but they would be risking a later decision could undermine their efforts, he said. Acting Connecticut Consumer Counsel Richard Sobolewski plans to continue the fight: “It’s an issue we feel very strongly about.” PURA is "still reviewing the Superior Court’s decision," emailed Chairman Marissa Paslick Gillett. The New England Cable & Telecommunications Association's “disappointed in the Court’s decision and are reviewing our options,” President Tim Wilkerson emailed. PURA was correct "based on state and federal law, as well as principles of fair competition," emailed a Frontier Communications spokesperson. "We are reviewing the decision and next steps." CenturyLink declined to comment on “pending litigation.”

The California Public Utilities Commission’s look into rate affordability includes communications, Commissioner Cliff Rechtschaffen said Friday in docket R.18-07-006. The telecom industry argued federal law stops the state from scrutinizing broadband (see 1909230048). The commissioner scheduled a revised staff proposal to be filed by Jan. 22, with comments due Feb. 21, replies March 6. He anticipates a proposed decision in May and commission decision in June.

Arkansas became the 9th state to join DOJ’s T-Mobile/Sprint settlement, Justice said Friday. Arkansas Attorney General Leslie Rutledge (R) supported the pact in September (see 1909100052). She's now officially joining with Colorado, Florida, Kansas, Louisiana, Nebraska, Ohio, Oklahoma and South Dakota.