Connecticut's Public Utilities Regulatory Authority won't appeal the state Superior Court's November decision that PURA overreached when it ruled 2-0 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 1911130037). "PURA has elected not to appeal the Superior Court’s decision," Chairman Marissa Paslick Gillett emailed Monday. Industry that supported the PURA order could still appeal or take the fight to the legislature or a federal court. "Federal litigation could occur at any time," emailed Connecticut Office of Consumer Counsel Principal Attorney Joe Rosenthal, who supports the Superior Court ruling for muni broadband. "That would be brand new litigation, likely in response to an actual municipal construction that intends to offer services to the public."
NARUC is forming a task force to find answers to close the broadband gap between rural and urban areas, said NARUC President Brandon Presley in an interview this week. Broadband's “one of the biggest challenges in rural America today” and will be a major focus of NARUC's “Bridging the Divide” theme over the next year, said Presley, elected president this month (see 1911210039). The Democratic chairman of the Mississippi Public Service Commission also seeks to tighten the working relationship between state and FCC officials, he said.
State attorneys general sparred with T-Mobile and Sprint ahead of the Dec. 9 trial on the carrier’s proposed combination that would also establish Dish Network as a national wireless carrier. Plaintiffs and defendants filed pretrial memos Tuesday at the U.S. District Court for the Southern District of New York. “We are proceeding as planned and will be going to trial in less than two weeks,” a spokesperson for New York AG Letitia James (D) emailed Wednesday.
Texas and Nevada settlements with T-Mobile buying Sprint won’t stop state attorneys general from going to trial in less than two weeks, New York and California AGs said Monday. States challenging the takeover lost Texas' Ken Paxton, the only Republican colleague who had joined them in challenging the transaction. Democratic AGs from Colorado and Mississippi had made similar pacts to withdraw from the suit (see 1910210053). Fourteen AGs remain. Observers gave to us high odds to the trial opening Dec. 9 at U.S. District Court for the Southern District of New York.
Pennsylvania pole-attachment rules got a green light from the state’s Independent Regulatory Review Commission at a Thursday meeting livestreamed from Harrisburg. IRRC commissioners voted 5-0 for Pennsylvania reverse pre-empting FCC pole attachment authority, joining 20 other states and Washington, D.C. The Public Utility Commission finalized rules over the summer, but they need the Pennsylvania attorney general’s OK (see 1911080016). IRRC Chairman George Bedwick asked why the PUC didn’t estimate how much it would cost to implement the rules. The PUC expects minimal cost in the near term because the commission already has a dispute resolution process, replied PUC Assistant Counsel Colin Scott. There could be small uptick in disputes coming to the PUC, but the commission doesn’t expect it will need any additional hires, he said. Bedwick also noted legal concerns, previously raised by IRRC (see 1812280044), about the mechanism for automatically adopting changes to federal rules.
Refusing to delay a Dec. 9 trial in states' lawsuit against T-Mobile's buying Sprint, U.S. Magistrate Judge Robert Lehrburger denied as “untimely” a DOJ motion to intervene so it can ask to disqualify the lead attorney for states, Munger Tolson's Glenn Pomerantz. The judge denied the motion from the bench at U.S. District Court for the Southern District of New York in New York City Thursday. Justice said there's a conflict of interest because Pomerantz represented the U.S. in litigation over the failed AT&T/T-Mobile. Lehrburger said DOJ knew about Pomerantz since April but didn’t come to court until Nov. 8. It “could have and should have moved earlier,” he said: If allowed to intervene two weeks before trial, and the attorney were disqualified, there would be “extreme prejudice” to plaintiffs because they would have to scramble to get a new representative up to speed. The department argued that since it settled with the carriers, DOJ's an adverse party to the states that its former attorney Pomerantz now represents. Lehrburger noted defendants say they don't object to Pomerantz because their priority is going to trial quickly, and he's "not sure there's taint if the defendants aren't challenging it." The U.S. didn't convince the judge the government would suffer much harm from Pomerantz's knowing possibly sensitive U.S. information, Lehrburger said.
Washington state is closer to privacy consensus for the 2020 legislative session, said Senate Environment, Energy and Technology Committee Chairman Reuven Carlyle (D) in an interview. After months of talks, industry and consumer privacy groups see momentum on a bill that failed in 2019. The privacy groups said a draft last week improves upon the previous version they thought weighed too heavily in industry’s favor.
The California Public Utilities Commission will weigh more disaster relief rules for communications providers in response to problems during recent public safety power shutoffs (PSPS), CPUC President Marybel Batjer said at a Wednesday hearing livestreamed from San Francisco. Many local officials and telco customers couldn’t attend the hearing due to another power shutoff Wednesday, the sixth in two months, she said. Commissioner Cliff Rechtschaffen dismissed carriers’ arguments they couldn’t anticipate extended power shutoffs.
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.
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.