California bills to require wireless eligibility for California Advanced Services Fund (CASF) grants and to fund the 988 mental health line passed the legislature Thursday and will go to Gov. Gavin Newsom (D) for signature. As California legislators head into their final week, several communications bills on broadband, social media and free inmate calls await floor votes (see 2208120039).
California Privacy Rights Act (CPRA) author Alastair Mactaggart warned the California Privacy Protection Agency (CPPA) to reject industry “disinformation” that it will be voluntary to honor users’ browser opt-out signals. The CPPA held its second day of partially virtual hearings Thursday on draft rules implementing CPRA, the successor law to the California Consumer Privacy Act (CCPA). Consumer privacy groups urged the CPPA not to delay enforcement from Jan. 1, as business groups requested Wednesday (see 2208240067).
Pennsylvania and California commissioners pondered VoIP jurisdictional issues at livestreamed meetings Thursday. Pennsylvania Public Utility Commission Chairman Gladys Brown Dutrieuille dissented as members voted 2-1 for a petition by T-Mobile’s Sprint to discontinue CLEC and interexchange services while continuing VoIP service in the state (docket A-2021-3028993). The California Public Utilities Commission unanimously approved a rulemaking to consider changes to VoIP licensing requirements and other obligations (see 2208190030).
LTD Broadband signaled it will seek FCC reversal of the agency rejecting the company’s long-form application for Rural Digital Opportunity Fund support. At a teleconferenced Minnesota Public Utilities Commission prehearing conference Wednesday, LTD outside counsel Andy Carlson of the Taft firm told Administrative Law Judge Jim LaFave the company believes Minnesota's and other pending state reviews “should generally be stayed while the FCC’s decision is appealed by LTD.” Sept. 12 is the deadline for administrative appeal at the FCC, Carlson said. Due to that date, LaFave deferred further scheduling of Minnesota’s proceeding on whether to revoke LTD Broadband’s eligible telecom carrier (ETC) status (see 2207140047) until a Sept. 20 prehearing conference at 2:30 p.m. CDT. LaFave ordered LTD to provide its long-form application, attachments and related FCC correspondence by Friday to the state Commerce Department and attorney general's office, as well as to the Minnesota Telecom Alliance and the Minnesota Rural Electric Association, which petitioned the PUC to revoke LTD’s ETC status. Others may file to intervene in the proceeding by Sept. 16, the ALJ said. Assistant Attorney General Kristin Berkland said the FCC could act in 145 days on an LTD appeal. Carlson said the FCC moves slowly and could take longer than that. LTD CEO Corey Hauer told us earlier this month the company was considering next steps after the FCC’s rejection (see 2208110006).
The wireless industry may pursue challenges to a city’s small-cell fees under Telecom Act Sections 253 and 332, ruled the U.S. District Court in Rochester, New York. However, in parallel orders Monday on separate complaints against Rochester from Verizon, ExteNet and Crown Castle, the court denied summary judgment motions by any industry plaintiff or Rochester. Whether the city’s fees reasonably approximate the city’s costs is a factual question that can’t be instantly resolved, said Chief Judge Elizabeth Wolford.
The Supreme Court postponed Georgia Public Service Commission elections. After nearly a month of uncertainty, SCOTUS in a Friday order restored a district court’s decision to stop this November’s Georgia PSC elections due to a voting rights issue. The decision closely followed a state court ruling that Georgia improperly tried to stop Democrat Patty Durand from challenging incumbent Tim Echols (R).
VoIP providers raised concerns about a possible California rulemaking to consider changes to licensing requirements and other obligations for internet-based voice. Consumer advocates applauded the California Public Utilities Commission for looking into an issue that affects USF support. Commissioners plan to consider the proposed order instituting rulemaking (OIR), plus items on state LifeLine and Starlink eligible telecom carrier status, at their Thursday meeting.
Low-income and community advocates supported consumer groups' petition to require low-cost broadband plans for all Californians. The California Public Utilities Commission received responses Wednesday to an amended petition in docket R.20-02-008. As they did earlier this month on the original petition (see 2208020033), ISPs warned that the state could risk losing broadband funding if the CPUC modified an April decision on rules for the state’s $2 billion last-mile federal funding account (FFA). Granting the petition "would ensure that the families who need access to affordable and reliable internet the most would finally be able to receive it without having to choose between paying their bills, grocery shopping or paying their internet bill,” said Alliance for a Better Community, a social justice nonprofit. “It would also aid in ending preferential treatment for high income broadband users over the needs of low-income users." LA-Tech.org, a nonprofit that helps low-income people find tech internships, also supported the change: "Low Income communities could be priced out of reliable broadband internet, depriving them of equitable access to health services and remote job opportunities.” If the CPUC fails to protect affordability, “the state risks funding high-speed broadband infrastructure projects that do not result in affordable service for unserved and underserved communities,” said the Institute for Local Self-Reliance: Reject any provider arguments to “wait to study the problem or collect data.” USTelecom countered that the “amended petition is procedurally improper” because it “fails to demonstrate new facts, materially changed circumstances, or misconceptions of law or fact.” Contrary to the public interest, the consumer groups' proposed changes would delay FFA implementation and discourage participation, which would make it harder for the state to use federal American Rescue Plan Act funding, the industry group said.
State broadband offices are adapting to much larger sums of cash than they had in years past, due to recent federal laws, said a Tennessee official at a virtual Broadband Breakfast event Wednesday. Building broadband “to and through” anchor institutions can sometimes be the best option to reach rural communities, said New America’s Open Technology Institute (OTI) and the Schools, Health and Libraries Broadband (SHLB) Coalition in a Wednesday report.
The Nebraska Public Service Commission will seek comments on implementing the Precision Agriculture Infrastructure Grant Act, which was enacted in April. Commissioners voted 5-0 for the item in docket BEAD-1, at a livestreamed meeting Tuesday. Comments will be due Sept. 30, with replies due Oct. 28.