Indiana should hasten to join other states with privacy laws, said state legislators and the attorney general’s office at a hearing livestreamed Thursday. Two Democrats raised concerns that an opt-out privacy bill based on Virginia’s law might not go far enough, but the Senate Commerce and Technology Committee voted 11-0 to clear the comprehensive data protection bill. SB-5’s low bill number shows it’s a priority this legislative session, said Chair Chip Perfect (R).
The telecom industry sought changes Tuesday to a Connecticut agency’s plan to establish an application and approval process for conduit excavations in highways, streets or other public rights of way by telecom and broadband providers. The Public Utilities Regulatory Authority (PURA) plans to vote Feb. 8 on the proposal in docket 21-12-21 (see 2301100075). Frontier Communications raised concerns the draft “may create possible unintended complications and delays with the placement of ‘conduit laterals’ -- a conduit from a manhole to a nearby pole and/or customer building or location where the planned excavation involves open trenching and requires either a [Connecticut Transportation Department (CTDOT)] or municipality permit.” Frontier said requiring 90 days' notice “will take a straightforward and limited excavation and turn it into” an up-to-four months' “waiting period for customers to receive broadband service.” PURA’s final decision should confirm emergency work should be exempted from a requirement to file an application and wait 30 days, said the New England Connectivity and Telecommunications Association. The current proposal exempts such work from notification but not from the application process, NECTA said. Also, PURA should clarify that cable-in-conduit and “directional boring deployments may commence upon the filing of an application,” it said. PURA’s interpretation including telecom service providers as providers or applicants is contrary to the state’s Broadband Act, said Crown Castle. That law’s Section 5(b) violates the federal Telecom Act’s Section 253(a) “because it imposes significant costs and compensation requirements that are not limited to allowing the State to recover its cost of right of way management,” it said. State departments also filed exceptions to the PURA draft. CTDOT “wants to be sure” PURA and providers understand it doesn’t allow micro-trenching or cable-in-conduit, “nor any conduit installation method that places conduit closer than 36 inches to the surface,” on state highways, it commented. A 90-day notice period should apply “under all circumstances in the application process,” said the Department of Energy and Environmental Protection. Currently, the PURA draft proposes notification to CTDOT or a municipality 90 days before construction but 30 days in other circumstances.
Minnesota is seeking to end its digital divide with incoming support from NTIA’s broadband equity, access and deployment (BEAD) program, said members of Minnesota’s congressional delegation and state government officials at a partially virtual workshop Wednesday. More money and state legislation will probably be required to finish the job, said local government and workers’ union officials on a panel.
The Voice on the Net (VON) Coalition disputed California’s authority to apply service quality metrics to VoIP, it said in reply comments posted Monday at the California Public Utilities Commission in docket R.22-03-016. The VoIP trade group agreed with many companies’ December comments opposing service-quality metrics for non-copper networks (see 2212220052). “VON joins the vast majority of commenters that question the authority of the Commission to adopt, and the need for, VoIP service quality objectives,” the VoIP association commented Friday. Comments supporting new rules "fail to acknowledge the differences between VoIP and traditional phone services that make the existing metrics inapplicable to an application that travels over the Internet, via a customer-procured broadband connection and customer-provided equipment.” it said. Applying the metrics to the wireless industry probably will harm consumers, CTIA said. “There is simply no factual or policy basis -- much less any legal basis." The need for the CPUC to set minimum standards for wireless, VoIP and broadband “is based on the record of consumer complaints detailing service quality issues and the continued underperformance of communications service providers as it relates to these services,” responded the state agency’s independent Public Advocates Office. Competition isn't enough to keep service quality high, said PAO. "California customers lack a choice of whom their communications service provider is,” especially for high-speed broadband. CPUC Administrative Law Judge Camille Watts-Zagha held a prehearing conference by telephone Tuesday in a separate rulemaking (docket R.22-08-008) on changes to licensing requirements and other obligations for internet-based voice (see 2211010010). “Our biggest concern in the proceeding is if it goes beyond the issue of market entry and simple registration,” and the order opening the docket indicates that it might, said BRB attorney Patrick Rosvall, representing Frontier and Consolidated. The state is preempted from regulating any service that can be used over more than one broadband connection, said Pillsbury’s Glenn Richards for the VON Coalition.
A Virginia bill to ban TikTok on state government devices cleared the House Communications Committee by a 12-10 vote at a livestreamed hearing Monday. HB-2385 by Chair Emily Brewer (R) would effectively codify an executive order by Gov. Glenn Youngkin (R). All Democratic committee members opposed the bill, including Del. Marcus Simon, who said he understood Republicans’ desire to chase a “big red menace” for political points. Del. Daniel Helmer (D) raised concerns about anti-Asian discrimination. Brewer bristled, saying TikTok has real ties to the Chinese government. The federal government (see 2212270051) and more than 20 states (see 2301120048) have banned TikTok on government devices.
Pole attachment stakeholders disagreed on next steps after the California Public Utilities Commission’s October one-touch, make-ready (OTMR) decision in docket I.17-06-027 (see 2210200073). In comments received Tuesday, pole owners resisted attachers urging the CPUC to speed the pole replacement process. Telecom companies rejected more OTMR safety requirements proposed by workers and increased fees for unauthorized attachments sought by two electric companies. San Francisco sought municipal access to private poles.
TRENTON -- New Jersey justices challenged Altice on its claim that a state requirement to prorate cable bills is impermissible rate regulation preempted by the Cable Act. The state Supreme Court heard oral argument Tuesday on the New Jersey Board of Public Utilities and Division of Rate Counsel's appeal of a lower court’s ruling for Altice. Justices noted the 1st U.S. Circuit Court of Appeals upheld Maine’s similar rule applying to customers who end service before the month is up.
Despite numerous requests from states and other entities, NTIA declined to extend the timeline for challenging the FCC's new broadband map. The agency set Friday as the target for eligible entities to submit challenges for the next iteration of the map that will be used for broadband, equity, access, and deployment (BEAD) program funding allocations (see 2211100072). Unannounced updates to map data, including recently, complicated states’ challenge preparations, Vermont Community Broadband Board (VCCB) officials told us.
Procedural concerns could complicate a case at the 2nd U.S. Circuit Court of Appeals on a New York law requiring affordable broadband. At oral argument Thursday in Manhattan, Judge Richard Sullivan grilled parties on a procedural maneuver they used to move the case to the 2nd Circuit from the trial court. Sullivan asked New York’s attorney tough questions on the state’s argument that its law isn’t preempted.
The Nebraska Public Service Commission voted 4-0 at a virtual meeting Tuesday to set a 2023 schedule and release application materials for Coronavirus Capital Projects Fund (CPF) support under the Nebraska Broadband Bridge Program (NBBP). The PSC opened docket CPF-1 to administer $80 million in grants last month (see 2212130067). The Nebraska commission “finds that the application materials and program guide previously developed for the NBBP should be utilized to the maximum extent in the CPF grant cycles,” said Tuesday’s order. “However, because the CPF grant program contains additional goals and objectives which must be met in accordance with federal funding guidelines, certain adjustments to the application requirements and program guidance have been made.” Also, the PSC tweaked the application template and program guide due to issues seen in the last NBBP cycle, it said. The PSC will accept applications from Feb. 9-24. The PSC in the next week should schedule a workshop, due to the application materials’ complexity, suggested Commissioner Tim Schram (R) at the meeting. Chair Dan Watermeier (R) said in a news release that already having the NBBP helped the PSC "move quickly in setting up the CPF grant application process” and "prior NBBP applicants should find the CPF application process similar." The PSC is down one member because Commissioner Crystal Rhoades (D) won an election in November to become Douglas County clerk of the District Court. Gov. Jim Pillen (R) must appoint someone to fill the remainder of Rhoades’ term, which ends Jan. 7, 2027.