The Lifeline national verifier launched Wednesday in Arizona “using data provided on the federal level by” Centers for Medicare and Medicaid Services and the Department of Housing and Urban Development, an Arizona Department of Economic Security spokesperson emailed. The Arizona department “continues to work with its state and federal partners, as well as the Universal Service Administrative Company, to ensure that their Lifeline National Verifier meets all necessary data compliance before integrating state systems.” The FCC denied waivers Tuesday to five other states with a Wednesday deadline but wanted more time to connect state databases, which sparked states' frustration (see 1910230057).
New York lawmakers aim to coordinate next moves on net neutrality after the U.S. Court of Appeals for the D.C. Circuit ruled Oct. 1 that FCC 2017 net neutrality deregulation doesn’t stop state policies (see 1910010018). However, two Democratic bill sponsors interviewed this week disagreed how cautiously to proceed. Two Massachusetts net neutrality bill authors agreed the D.C. Circuit ruling frees states to act.
States protested the FCC denying waivers of Wednesday’s deadline to hard-launch the Lifeline national verifier in Connecticut, Georgia, Nebraska, New York and Vermont. State and other officials told us low-income people could lose inexpensive telecom service. Tuesday’s Wireline Bureau order responded that states have themselves to blame (see 1910220060). “It was harsh,” said Vermont Department of Public Service Telecommunications and Connectivity Division Director Clay Purvis.
The FCC Wireline Bureau denied petitions from Connecticut, Georgia, Nebraska, New York and Vermont to postpone launch of the Lifeline national eligibility verifier scheduled for Wednesday, in an order Tuesday on docket 11-42. States worried the Lifeline NV isn't fully operational and will improperly drop eligible phone and broadband customers from the program (see 1910180004). Eligible telecom carriers will be required Wednesday to use the NV for consumers applying for Lifeline in Arizona, Connecticut, Georgia, Iowa, Kansas, Nebraska, Nevada, New York, Vermont, Virginia and West Virginia.
Colorado joined Mississippi in dropping out of state attorneys general lawsuit against T-Mobile/Sprint after signing state-specific agreements. New York and Minnesota AGs said they’re moving ahead with litigation that now counts 16 AGs as plaintiffs at U.S. District Court for the Southern District of New York. In addition to the state case, the deal faces a Tunney Act challenge in U.S. District Court for the District of Columbia and opponents are expected to challenge the FCC’s approval order in federal court (see 1910170028). Opponents said the New York challenge is the most likely to derail the transaction.
Nebraska will join other states seeking waiver of Wednesday's Lifeline national verifier start in many places, Public Service Commissioner Crystal Rhoades (D) told us Friday. Connecticut and Georgia sought waiver, too. Five states so far have sought delay, raising concerns about state database access for eligibility verification. Many are concerned the NV will incorrectly cause eligible poor consumers to be dropped from or not be able to start being subscribers to government-subsidized broadband and phone service from private-sector companies.
Minnesota commissioners debated the effectiveness of a proposed settlement between Frontier Communications and the state Commerce Department to fix reported problems and improve service. The Minnesota Public Utilities Commission voted 5-0 at its Thursday meeting, livestreamed from St. Paul, to approve a tweaked version of a proposed settlement to resolve a service-quality probe in docket 18-122 (see 1910070049). Meanwhile, Consolidated Communications at a recent Vermont Public Utility Commission hearing defended service and opposed automatic bill credits for problems.
California Gov. Gavin Newsom (D) signed seven privacy bills Friday to tweak the California Consumer Privacy Act (CCPA). Newsom vetoed some other bills on California LifeLine and broadband. Separately, in a decision issued Monday, the Public Utilities Commission denied rehearing, sought by Lifeline providers (see 1810030005), of a decision to shorten the LifeLine benefit portability freeze for transferring voices services to 24 hours from 60 days. The bills that are now law made minor revisions, with neither businesses nor consumer privacy groups getting everything they wanted, though businesses particularly applauded AB-25 and AB-1355 to exempt employer-employee and business-to-business relationships for one year (see 1910100042). Newsom also signed AB-874 to exclude publicly available information from the definition of personal information; AB-1130 on data breach notification requirements; AB-1146 to exempt vehicle data such as ownership information shared between a dealer and automobile manufacturer in anticipation of a repair; AB-1202 to require data brokers to register with the California attorney general; and AB-1564 to remove a requirement that companies list a phone number for opt-out requests. CCPA takes effect Jan. 1, with enforcement to begin July 1 following a rulemaking by the attorney general that opened last week (see 1910100042). The governor vetoed SB-704, which would have revamped state LifeLine rules (see 1907110008). The bill is premature because LifeLine was recently expanded by two new pilot programs, Newsom wrote Sunday. “While this bill may increase access to the LifeLine program, this bill has the potential to more than double the size and cost of the program and should be addressed through the budget.” Newsom last week vetoed AB-1212 to include telecom as a type of infrastructure in funding priority lists at state transportation and water resources departments; and AB-417 to add rural economic development, including expanding broadband, to California Department of Food and Agriculture responsibilities.
Nebraska phone companies and others supported state broadband grants and improved maps, but disagreed on details, in comments due last week on a Nebraska Rural Broadband Task Force draft report. The task force, planning to approve the report Friday, found Nebraska residents falling behind other Americans on broadband (see 1909270008). Government assistance is needed but no “unfair government subsidies” that create an "unlevel playing field,” CenturyLink commented Thursday. The state should develop a challenge process for state grants to ensure subsidies don't go to areas that already have broadband, it said. Broadband needs funding, but “reallocating funding from traditional voice support to broadband grants is simply robbing Peter to pay Paul,” the incumbent said. Windstream supported broadband grants that prioritize areas with less than 25 Mbps download and 3 Mbps upload speeds, the FCC’s definition of broadband. The Nebraska Farm Bureau disagreed with the task force proposal to define unserved as areas with less than 10/1 Mbps, and underserved as between that and 25/3 Mbps, saying the FCC definition should be the minimum everywhere. “While slow speeds are better than nothing, many next generation precision agriculture tools will require a more reliable and high-speed Internet connection as a minimum requirement,” the bureau commented Oct. 3. FCC maps likely overstate broadband coverage, agreed CenturyLink, Windstream and others. The Center for Rural Affairs suggested Nebraska establish a "Broadband Data Validation Program" to "empirically validate the accuracy of fixed broadband data collected by the FCC, and challenge the validity of such data on behalf of the State of Nebraska at least once per year.” The Nebraska Power Association urged Nebraska to update dark fiber leasing statutes. “Drafted at a time when there were fewer emerging technologies, the language and the process set forth is cumbersome and a hindrance to creative partnerships. Only one lease is in place and in 18 years, the Internet Enhancement Fund has only awarded 14 grants."
California Attorney General Xavier Becerra (D) released draft rules to implement the California Consumer Privacy Act (CCPA). The AG office Thursday sought written comments on proposed regulations by Dec. 6, with hearings Dec. 2 in Sacramento, Dec. 3 in Los Angeles, Dec. 4 in San Francisco and Dec. 5 in Fresno. “By providing clear direction to businesses on how to inform consumers of their rights and how to handle their requests, the regulations will make it easier for consumers to exercise their rights,” said an accompanying statement. The law takes effect Jan. 1, but AG rules don’t need to be finalized until July 1 when enforcement begins. The office is moving to that summer deadline “as rapidly as we can,” said Supervising Deputy Attorney General Stacey Schesser Thursday at a news conference livestreamed from Sacramento. Proposed rules address notices to consumers of their rights, how to handle consumer requests, verifying consumers’ identities, protecting minors’ data and antidiscrimination and financial incentives, Becerra said. The regulations don’t consider state bills tweaking CCPA that await gubernatorial signature, Becerra said. If any are signed into law, “we will take a close look,” and the office can adapt rules to conform during the comment period, he said. “Fortunately, most of the proposals sitting at the governor’s desk are less ambitious than others” that failed to pass the legislature. Becerra would welcome more resources from the legislature for CCPA enforcement, said the AG, adding “we’re a very capable bunch.” His office tried to make “user friendly” rules for businesses, he said. “Ignorance is not an excuse for not complying.” Stakeholders are closely watching the rulemaking (see 1909200030). TechNet is reviewing and plans to comment on the draft rules, said Executive Director for California Courtney Jensen in a statement. Laws shouldn't stifle innovation, she said, so TechNet hopes the rules "will bring necessary clarifications to the law that were not made during the legislative session, and take seriously the burden of compliance and understanding."