California’s net neutrality law still faces industry challenge after DOJ notified (in Pacer) the U.S. District Court in the Eastern District of California Monday that it moved to voluntarily dismiss the case (see 2102080059). Judge John Mendez soon afterward dismissed (in Pacer) and closed case 2:18-cv-02660, but not USTelecom, ACA Connects and other industry associations’ separate suit in case 2:18-cv-02684 before the same judge. Democrats applauded DOJ's withdrawing.
The Virginia Senate voted 36-0 for a comprehensive privacy bill (SB-1392) at a livestreamed floor session Friday. One senator didn’t vote due to a conflict of interest. Companion HB-2307 cleared the House 89-9 on Jan. 29 (see 2102010035). Virginia’s attorney general would enforce the rules. “This bill is an effort to set clear expectations for companies who handle or collect consumer data, and to proactively protect the rights of consumers,” said SB-1392 sponsor Sen. David Marsden (D) in a statement. “We’ve been overwhelmed with feedback from people who have been tracking the Consumer Data Protection Act this legislative session.” The House and Senate versions must be reconciled before session ends Feb. 11, but “that appears to be a mere formality given that the bills are identical and the House bill is already working its way through the Senate,” Husch Blackwell attorney David Stauss blogged Thursday. Other privacy bills are gaining momentum in New York and Washington state, Kelley Drye lawyers blogged Wednesday.
NARUC members charged ahead Friday on an effort to define states’ role in spreading broadband. Commissioners met virtually at a broadband task force meeting to hear five subgroups’ near-final reports and recommendations, which Chair Chris Nelson (R) said will be synthesized into a resolution for vote at NARUC’s July 18-21 meeting. Rural Digital Opportunity Fund (RDOF) results heightened state concerns about appropriate use of federal spending (see 2101290028).
The NARUC Telecom Subcommittee unanimously cleared a draft resolution urging the FCC to scrutinize Rural Digital Opportunity Fund long-form applications (see 2101290028). Thursday at NARUC’s virtual winter meeting, the staff-level panel tweaked the RDOF measure to specify that the FCC should ensure winners follow through “at the speeds and latency tiers” they promised. The Telecom Committee plans to vote on the measure at its Wednesday business meeting. Subcommittee Chair Joseph Witmer from the Pennsylvania Public Utility Commission noted many RDOF winners in his state are new carriers. Based on conversation with the Biden transition team, including DLA Piper's Smitty Smith, NARUC General Counsel Brad Ramsay hopes FCC Democrats “will really see much, much more benefit in working closely with states on these policy issues, as they have at the state level ... for the last four years” on issues like net neutrality, he said earlier in the meeting. NARUC wants the FCC to quickly reengage with state members of the Federal-State Joint Board on Universal Service about a contribution overhaul, said Ramsay, noting the state association wrote the Biden transition team about it in December. He suspects the commission won’t want to address the subject until it has a permanent chair, he said. Acting FCC Chairwoman Jessica Rosenworcel was federal chair when Democrats last ran the FCC and the joint board was close to consensus, but there wasn’t agreement in the Republican-controlled FCC, he said. The board’s new federal side should take up the proposal submitted by state members during the Trump administration or submit an alternative plan for debate, he said.
Local and state officials oppose Comcast capping the amount of broadband data residential subscribers can use monthly without financial penalties. That's despite the cable operator pledging to delay implementation until summer. Comcast and Pennsylvania Attorney General Josh Shapiro (D) said Wednesday the ISP will pause overage fees until August on the 1.2 TB limit in Eastern and Northeastern states (see 2102030017). Baltimore City Council Member Zeke Cohen (D) responded, “We will not be satisfied until the data caps are removed.”
The Nebraska Public Service Commission could expand to seven members from five if lawmakers pass LB-293. The unicameral legislature's Transportation and Telecom panel weighed the bill by Sen. Mike Flood (R) at a livestreamed hearing Monday. Seven elected members would mean “better representation and accessibility,” Flood said. “Every county and every city has its own unique story and its own telecommunications issues,” but one commissioner, Mary Ridder (R), now represents half the state’s geographic area, he said. The bill would let commissioners hold other jobs if not in regulated industries, he said.
Net neutrality bills surfaced in two Northeastern state legislatures. In Connecticut, Rep. Matt Blumenthal (D) Friday proposed HB-6155 to require ISPs with state contracts to adopt open-internet policies. It follows HB-5251, introduced Jan. 22, to require the Public Utilities Regulatory Authority to require net neutrality. In New York, Senate Telecom Committee Chairman Kevin Parker (D) Thursday introduced a state-contracts net neutrality bill (SB-3308) that also creates a $250 million revolving fund for municipal ISPs. It’s like AB-1239, introduced Jan. 7. Assembly member Clyde Vanel (D) floated AB-3910 Thursday to bolster Public Service Commission ISP authority and require net neutrality. Assembly member Patricia Fahy (D) proposed a state-contract approach Wednesday in AB-3479, co-sponsored by Vanel and 30 other members. Other states with net neutrality bills this session include Missouri, Rhode Island and Texas. Some Democrats support state bills even with President Joe Biden and a new FCC, while others say they feel less pressure (see 2012080045).
Rural Digital Opportunity Fund auction winners must follow through on broadband promises, NARUC Telecom Committee members said in interviews last week. NARUC plans to vote at its Feb. 4-5 and 8-11 meeting on a draft resolution urging the FCC to scrutinize RDOF long-form applications (see 2101260033). Some commissioners raised doubts about fixed wireless and said they’re unfamiliar with entities that won federal dollars.
Proposed California wireline resiliency rules shift the burden of providing power to telecom providers from electric utilities, the cable industry commented Wednesday to the California Public Utilities Commission. CPUC members may vote Feb. 11 on a 72-hour backup power requirement and other resiliency rules for wireline providers (see 2101080040). This “would require wireline providers to provide backup power in extreme fire risk conditions that have been deemed too dangerous for the Commission to require the electric companies to provide power,” said Comcast in docket 18-03-011. Give wireline 18 rather than eight months to implement the policy, said Comcast, adding that the CPUC gave wireless carriers 12 months in a prior resiliency order. Cox, Charter Communications and the California Cable Telecommunications Association made similar comments. Frontier Communications suggested revisions including “a competitively-neutral cost recovery mechanism to help recover the enormous costs of these requirements.” CalTel and other small LECs urged similar for rate-of-return regulated providers. Don't require providers deploy generators in communities that oppose them, said AT&T. “Wireline carriers must have unambiguous discretion to adapt and deploy their limited personnel and equipment resources where their deployment supplies the maximum possible benefit to public safety.” Wireline backup power rules should apply in areas with insufficient wireless coverage, even if they’re not in tier one and two high fire threat districts covered by the proposed decision, said the CPUC Public Advocates Office. Industry commenters raised jurisdictional issues about regulating VoIP. A coalition including Communications Workers of America and The Utility Reform Network said, “This Commission has full authority and jurisdiction” here.
Court relief probably won’t come soon enough for rural Texas telcos facing large reductions in state USF support, but it may be their last option, said telecom association leaders in interviews. The Texas Statewide Telephone Cooperative Inc. (TSTCI) and Texas Telephone Association (TTA) sued the Texas Public Utility Commission last week at Travis County District Court in Austin. About 50 small rural telcos are losing 60-70% of their Texas USF high-cost funding because commissioners refused last year to adopt a staff plan to double the contribution rate to 6.4%, they said.