The Supreme Court won’t hear a Pennsylvania cellphone privacy case (docket 19-1254) on when it’s permissible for police to require someone to unlock an encrypted device. The court denied cert Monday to the state seeking review of the Pennsylvania Supreme Court decision that individuals may refuse to unlock their phones for law enforcement to avoid self-incrimination. “Great news” that the Pennsylvania court's decision stays in effect, but varying decisions on similar cases in several other state supreme courts (see 2009160058) could still go to SCOTUS, emailed Electronic Frontier Foundation Senior Staff Attorney Andrew Crocker. “We'll have to see if the Court decides to take any of those or waits for the issue to develop further.” Pennsylvania Attorney General Josh Shapiro’s (D) office didn’t comment.
All three Mississippi Public Service Commission members asked the FCC 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. The FCC is looking into this, a spokesperson said Wednesday. “As part of our annual certification of” eligible telecom carriers, “evidence has been uncovered by our agency that leads to great concern surrounding the validity of AT&T Mississippi’s claims and the honesty of data submitted by them to the Universal Service Administrative Company’s High Cost Universal Broadband,” said a Tuesday letter signed by Chairman Dane Maxwell (R) and Commissioners Brandon Presley (D) and Brent Bailey (R). The PSC investigation found “concrete, specific examples” showing the company reported addresses as served when they aren't, said the commissioners, alleging AT&T has “actual knowledge” of the allegedly invalid submissions. AT&T responded last month to the PSC’s subpoena (see 2009180047). "The data we report as part of Phase II of the Connect America Fund is already subject to strict audit and compliance measures by the federal government," and the carrier is focused on deploying high-speed infrastructure across Mississippi, a company spokesperson emailed now.
Local governments and utilities challenged FCC-asserted authority upheld by the 9th U.S. Circuit Court of Appeals in August. Locals and the American Public Power Association separately sought en banc rehearing of a three-judge panel decision mostly supporting FCC 2018 wireless infrastructure orders on small cells and local moratoriums. Commissioner Brendan Carr responded Tuesday that the court’s August decision supports quick infrastructure deployment.
The California Public Utilities Commission should pump the brakes on state LifeLine changes until the FCC resolves federal Lifeline minimum service standards (MSS), the National Lifeline Association commented Thursday in CPUC docket R.20-02-008. Many at the federal agency seek to freeze MSS at 3 GB and oppose an FCC plan to raise MSS to 4.5 GB monthly; it would increase to 11.75 GB on Dec. 1 otherwise (see 2009150072). NaLA raised legal concerns with the CPUC’s proposal, saying it’s “likely to be challenged in federal court because it breaks with the Commission’s own precedent and mandates that the wireless Basic and Standard Plans be provided to California LifeLine participants for free in violation of Section 332(c)(3) of the Communications Act.” Federal law bans state commissions from setting wireless Lifeline co-payments, TracFone commented. Requiring free services is prohibited rate regulation, said the company, being bought by Verizon. The CPUC Public Advocates Office praised the agency’s plan to include wireline broadband service in LifeLine. "Given more than six months have passed since the start of the pandemic and many Californians may be in need of affordable broadband options to perform these essential activities, Cal Advocates urges the Commission to implement the [proposed decision's] interim rules swiftly and with urgency.” The California Emergency Technology Fund agreed. Frontier Communications raised concerns the proposal recommends replacing only $2 of a $4 monthly federal funding reduction coming in December. “This proposal will result in rate increases of up to $2.00 and harm low-income consumers at a time when they are most vulnerable from the COVID-19 pandemic and the ongoing financial crisis.”
Washington, D.C.’s 911 audit will test if “specific incidents add up to a larger picture” of systemic dispatching problems at the Office of Unified Communications, city Auditor Kathy Patterson said in a Friday interview. After the Office of D.C. Auditor (ODCA) released a request for proposals Thursday (see 2009240066), OUC and D.C. Council Judiciary and Public Safety Committee Chairman Charles Allen (D) welcomed an audit. They offered some defenses for local 911 personnel.
A small-cells bill cleared the South Carolina legislature Thursday and goes to Gov. Henry McMaster (R). The House voted 104-1 to concur with Senate amendments and pass H-4262, preempting local governments. The Senate voted 32-6 for the amended bill Wednesday. The Municipal Association of South Carolina supports the bill, emailed Director-Advocacy Scott Slatton, citing “productive and amiable” talks with AT&T. Amendments reflected the 9th U.S. Circuit Court of Appeals’ August ruling on FCC orders, Slatton said. Legislators broadened the bill’s aesthetic requirements to cover more parts of a city and “removed the ‘no more burdensome’ language that prevented cities from placing more stringent regulations on small cells than other infrastructure in the right-of-way,” he said. McMaster has five days to sign or veto, or it becomes law, Slatton said. The governor didn’t comment by our deadline. Wireless Infrastructure Association CEO Jonathan Adelstein noted it's the 30th state to pass a small-cells law. The House originally passed the plan in April 2019; COVID-19 delayed senators' voting (see 2003200042).
The Minnesota Public Utilities Commission voted 4-0 to clear Frontier Communications' bankruptcy reorganization but pledged to investigate the impact of the carrier’s “virtual separation.” Chair Katie Sieben was absent. Communications Workers of America raised concerns nationally about virtual separation, saying it could mean separating fiber deployment from copper operations, possibly to some areas’ detriment. Frontier sought to reassure policymakers it’s only an internal exercise (see 2009090055). At Thursday’s livestreamed virtual meeting, Commissioner John Tuma proposed an investigation as an “early warning system” to notify local governments if Frontier doesn’t invest in fiber in their areas. Frontier officials disagreed with requiring the inquiry in the same order clearing the reorg because they said it might prevent them from emerging from Chapter 11. Citing her experience with bankruptcy cases, Commissioner Valerie Means agreed that might be problematic. Tuma at first disagreed, saying it didn’t create a condition on the commission’s approval, but later agreed not to mention the probe in the decision. Instead, Tuma announced he was making a “clear signal” the “investigation will be opened ... before bankruptcy is completed.” Minnesota Assistant Attorney General Richard Dornfeld supported approving the deal despite no most-favored-state provision and lingering concerns about service quality, especially rural. Frontier earlier got OK from U.S. Bankruptcy Court for the Southern District of New York, plus several states. Reorg remains under review by others and federally (see 2009210055).
Washington, D.C.’s 911 office will be audited (see 2009240064) after concerns raised by the media and local and federal officials about possible dispatching mistakes, the Office of D.C. Auditor said Thursday. A final report could be finished May 15, said a request for proposals. District of Columbia Advisory Neighborhood Commission (ANC) 4B01’s Evan Yeats requested the audit and Thursday applauded Auditor Kathleen Patterson, who earlier said the office was considering such a move (see 2008070042). Other stakeholders also backed the review.
State small-cells laws remain necessary even after last month’s 9th U.S. Circuit Court decision, said Verizon General Counsel-South Region State Government Affairs Dulaney O’Roark on a Wednesday webinar by New York state and New Jersey wireless associations. The 9th Circuit mostly upheld the FCC’s 2018 wireless infrastructure orders on small cells and moratoriums (see 2008120048). The FCC was “extremely helpful,” but state laws provide additional and more detailed rules that lead to more deployment, including hard caps on rates and fees that allow providers to better predict costs, O’Roark said. New York and New Jersey need laws so industry can gain access to rights of way in difficult cities like Buffalo where talks have gone on for two years without success, the Verizon attorney said. Buffalo didn’t comment. New York proposed small-cells rules in the past two budgets, but local governments convinced legislators to remove them each year; now, industry is in talks with towns and other localities, O’Roark said: In New Jersey, industry and municipalities narrowed their differences on small-cells bills pending in committees of both chambers. Passing more state bills might take time, wireless industry officials predicted. The pandemic “has thrown a loop” into legislative schedules in most states, noted CTIA Assistant Vice President-State Legislative Affairs Beth Cooley. Industry isn’t set on passing small-cells bills this session and work will continue next year, said Wireless Infrastructure Association Senior Counsel-Government Affairs Arturo Chang.
Opponents of states using 911 fees for unrelated purposes support an FCC notice of inquiry proposed for vote at Wednesday’s meeting. Some want earlier action and wonder what the future holds, since the item’s main FCC champion, Commissioner Mike O’Rielly, is likely leaving. The agency would ask how to dissuade states from diverting 911 fees and the impact of the practice (see 2009090048).