Wireless companies seek flexible California privacy rules, CTIA commented last week to the California attorney general on implementing the 2018 California Consumer Privacy Act. The state didn't post comments, so we obtained some (see 1903110042). AG Xavier Becerra (D) should “bring clarity to the unclear or ambiguous statutory provisions that otherwise will operate to the detriment of consumers and businesses,” wrote CTIA. Don’t prescribe how companies verify authenticity of consumer requests for information, it said. Don’t require businesses give consumers information that may risk privacy and data security, it said. Exempt businesses from having to provide information that may reveal trade secrets, CTIA said. Companies should be considered as complying with rules barring discrimination based on what data consumers provide “if there is a reasonable basis for the difference in price or rate, or the level or quality of goods and services it offers to a consumer in exchange for the consumer’s data,” the association said. Consumers should be able to choose which data may be sold rather than an all-or-nothing choice, it said. If a consumer already opted into sale of certain data, global opt-out shouldn’t reverse that, it said. The AG says written comments are available under the California Public Records Act. We filed a PRA request Tuesday after the AG office declined to provide documents voluntarily.
Internet companies urged flexible reading of California’s privacy law. The California Consumer Protection Act (CCPA) will be enforced from Jan. 1, though Attorney General Xavier Becerra (D) has until July 1, 2021, to adopt rules and guidance interpreting CCPA. “It would be unfortunate if the lack of clarity or conflicts in the statute were amplified in the implementing regulations,” the Internet Association commented. Privacy advocates urged the AG to make it easy for consumers to take advantage of CCPA rights, while some specialized industries sought exemptions.
Washington state senators voted 46-1 Wednesday for the Senate privacy bill (SB-5376) by Sen. Reuven Carlyle (D). The House bill awaits a floor vote, but House Innovation Committee Chair Zack Hudgins (D) told us Thursday he’s not sure when that will happen. “I continue to work with stakeholders and the Senate, especially Senator Carlyle to find a bill that protects consumer’s privacy, and innovation in our state,” Hudgins emailed. “If HB 1854 does not move out of the House it is only because we are working so well, and closely together to incorporate each other’s ideas into the bill.” Privacy advocates have concerns about both versions but slightly prefer the House version; Microsoft more strongly supports the Senate one (see 1902280050).
Frontier Communications faces a second Minnesota investigation in response to complaints by consumers and workers in a state Commerce Department report finding that the carrier possibly violated at least 35 laws and rules (see 1901240025). The Minnesota Office of Attorney General is probing possible consumer fraud in parallel to a Public Utilities Commission’s service-quality investigation, OAG commented this week at the PUC. Responding at length to the Commerce report of about 1,000 complaining consumers, the telco claimed fewer than 450 Minnesota customers had major service problems last year.
Not seeing enough votes to lift Tennessee municipal broadband restrictions, state Sen. Janice Bowling (R) asked the Senate Commerce and Labor Committee to refer her three bills to that panel’s General Subcommittee for further discussion. The committee agreed at the livestreamed Tuesday hearing. SB-489, SB-490 and SB-494 are variations of Bowling’s proposal to end the state ban on muni broadband expansion that held back Chattanooga Electric Power Board. Spreading fiber broadband is critical, and the trio of bills could do that without asking for any money, said Bowling. The senator brought such proposals in previous sessions (see 1803020055). Chairman Art Swann (R) told Bowling, “We admire your tenacity.” The committee should analyze state restrictions preventing rural broadband service, Sen. Ferrell Haile (R) said earlier in the hearing. He said state law is preventing an electric cooperative in his area from serving a neighboring community in the same county because a different cooperative serves it. The committee voted 9-0 for SB-1168. It would apply state restrictions on gifts to Tennessee Public Utilities Commission, which is subject to PUC-specific ethics rules. It clarifies the ban on gifts by lobbyists and their employers applies to commissioners and immediate family members, with the same penalties. The committee postponed votes on some other broadband bills, including delaying until March 19 consideration of SB-969 to ban state contracts with ISPs that violate net neutrality rules.
The Supreme Court gave the Minnesota Public Utilities Commission until May 3 to seek appeal of the 8th Circuit U.S. Court of Appeals ruling that interconnected VoIP is an information service. Justice Neil Gorsuch Friday granted the PUC’s request for more time to file a writ of certiorari in case No. 18A889; it had been due Monday. The PUC “would not have sought an extension if they were not planning” to file cert by May 3, NARUC General Counsel Brad Ramsay emailed. The agency said it needs 60 more days “due to recent transitions in both the decision makers and counsel,” including Chair Nancy Lange’s term expiring, the PUC general counsel retiring, a new Minnesota attorney general and solicitor general, and departure of the assistant AG who argued the 8th circuit case. A Minnesota PUC spokesperson acknowledged the Supreme Court order but didn’t comment on litigation plans. Supreme Court review is no sure thing (see 1812140022).
West Virginia delegates nearly unanimously backed a small-cells bill meant to streamline 5G wireless deployment and extend faster broadband by pre-empting local governments in the right of way. The West Virginia House Monday voted 98-1, then 97-2 for it to become effective upon passage. Final passage looks imminent on SB-3, which now includes House language to reverse pre-empt the FCC on pole attachments and direct the Public Service Commission to study feasibility of broadband by electric power utilities, said Del. Daniel Linville (R). Georgia’s small-cells bill is also closing in on the finish line, state Sen. Steve Gooch (R) said in an interview.
The Wyoming Public Service Commission agreed to deregulate CenturyLink landlines in the state's remaining rural zones. Commissioners Thursday agreed 2-0, with retired Chairman William Russell concurring, to a ruling in dockets including 14742 that residential and business telecom services across 32 exchanges have effective competition. The telco got urban deregulation about five years ago. The PSC approved CenturyLink stipulations signed with consumer advocates and rural independent phone companies on service-quality and other concerns (see 1711160047). Proposed remedial action to improve service quality “is technically feasible, economically reasonable and can provide reasonably adequate alternative service to the Lusk, Wheatland, and Crook County exchanges,” the commission said. With consumer advocate support, CenturyLink will partly subsidize Hughes satellite VoIP service for Lusk and Wheatland exchange customers, who can also keep CenturyLink service, and the carrier will be bound by service quality standards there for two years. The telco agreed to maintain existing analog or digital phone service statewide for two years unless the customer discontinues service, and continue credits for service disruption. For CenturyLink to discontinue a landline customer, the PSC would have to OK it. The company agreed to maintain the same prices for residential customers across the state at a statewide average rate, and limit annual rate increases over the next two years to no more than $2 on the monthly rate. The stipulation with independent telcos included a clarification the PSC will maintain jurisdiction over CenturyLink wholesale services, unbundled network elements and carrier-to-carrier services and legal obligations. CenturyLink quality control includes "antiquated facilities and technology that requires significant ongoing maintenance and repair,” the regulator said. Many credible customers who testified at hearings viewed problems as “chronic,” the PSC said. The stipulation approved by the order addressed Wyoming Office of Consumer Advocate concerns, OCA Administrator Bryce Freeman told us. Satellite voice seemed like a good alternative given the "enormous" cost of replacing copper networks for relatively few customers, he said. The PSC decision "recognizes the increasingly competitive environment for consumer telecom services in Wyoming and the transition of technologies to provide economically reasonable and comparable service to rural customers," a CenturyLink spokesperson said.
Privacy advocates said a Washington state law sought by Microsoft and other tech companies provides too little protection to consumers. The House and Senate privacy bills lack teeth and cede too much control to companies, American Civil Liberties Union and Consumer Reports officials said in interviews. State Sen. Reuven Carlyle (D) responded that his bill is “the strongest, meaningful privacy measure that is on the table.” House Innovation Committee Chair Zack Hudgins (D) has appeared more open to making changes in response to concerns, telling us his chamber’s bill is a “work in progress.”
A Colorado Senate panel cleared a net neutrality bill for floor debate. The State, Veterans and Military Affairs Committee voted 3-1 Wednesday for SB-78, with Sen. Vicki Marble, the only Republican in attendance, voting against the bill that would restrict high-cost support or other broadband funding to companies that adhere to net neutrality principles. The committee amended the bill to clarify it covers only state funding and that it’s the Broadband Deployment Board’s job to flag violations. Focusing on ISP use of state dollars is a “very legitimate nexus for the legislature to act,” sponsor Sen. Kerry Donovan (D) said at the livestreamed meeting. The FCC “severely curtailed our ability to much more than what’s in this bill,” said co-sponsor Sen. Jeff Bridges (D). Hawaii moved a similar net neutrality bill to the Senate floor Tuesday (see 1902260053).