Ten Colorado counties have ballots next month on opting out of SB-52, a 2005 state restriction on municipal broadband, Colorado Counties Inc. Policy Director Eric Bergman told us Monday: Alamosa, Baca, Bent, Chaffee, Crowley, Fremont, Grand, Hinsdale, Kiowa and Otero. That's more than double the number local advocates estimated last month (see 1809270039). “This broadband issue is still on the front burner for many communities in Colorado,” Bergman said.
San Jose is finding early success speeding up permitting process for small-cell wireless infrastructure that will be used for 5G, city officials said in an interview. FCC Commissioner Jessica Rosenworcel and local governments have touted San Jose’s public-private partnerships with AT&T, Verizon and Mobilitie as a model that could be applied nationally, without pre-emption (see 1806280007). Verizon said its agreement with the city is meeting expectations.
A potential blue wave in state legislative and gubernatorial elections (see 1810110031) could strengthen efforts to counter the FCC December order rescinding some net neutrality rules, said a state lawmaker and observers. But there’s no guarantee bills will pass even in Democratic-controlled states, and lawsuits against states could give lawmakers pause, some said. Flipping the state Senate is key to passing net neutrality in New York, said state Sen. Brad Hoylman (D), whose 2018 bill failed to pass. Adding Democrats may make less difference in other states that failed to pass bills last year, some said.
New York Public Service Commission members showed increasing impatience as they voted 3-1 Thursday to confirm the latest extension for Charter Communications to file an exit plan and seek rehearing of the PSC’s July revocation of the Time Warner Cable buyout approval (see 1810100060). “I’m impatient,” said Commissioner Gregg Sayre. “If we can’t get an agreement … in short order, then let’s find somebody else to operate these systems.” Sayre wanted the deal to produce more broadband upstate and is “very disappointed that we have to exert so much effort and take so much time to get what was promised.” If Sayre is so impatient, he should oppose further delay and allow a petition for rehearing to be filed, said Commissioner Diane Burman, voting no. Burman criticized a “broken process,” echoing many of her comments from a September meeting on a previous extension (see 1809120018). The July orders gave “no wiggle room” for settlement, she said. “While it may appear like the right thing to extend” because of productive talks between staff and Charter, it’s a “very dangerous road” that may set a precedent for PSC willingness to stop the clock, she said. The agency is on solid legal and procedural ground, said acting General Counsel John Sipos. Commissioner James Alesi voted yes but said he would have supported a 60-day extension as requested by Charter, more than the 45 days allowed by the agency. “But I don’t want to be here again voting on this issue.”
Cable and telecom industry groups sued Vermont over its net neutrality law and executive order that restricted government contracts to companies that follow open-internet principles. Gov. Phil Scott (R) has vowed to fight the suit. It was the third state to enact a net neutrality law when in May the state put into statute Scott’s February executive order (see 1805240043). USTelecom, CTIA, NCTA, the American Cable Association and New England Cable and Telecommunications Association complained Thursday in the U.S. District Court in Burlington. Restricting state contracts are pre-empted under the U.S. Constitution’s Supremacy Clause by the FCC December order and the Communications Act’s ban on imposing common carrier obligations on mobile and information-service providers, the groups said. The Vermont actions "regulate outside the borders of the State of Vermont and burden interstate commerce in violation of the" Constitution's dormant Commerce Clause, they said. “Internet traffic flows freely between states, making it difficult or impossible for a provider to distinguish traffic moving within Vermont from traffic that crosses state borders.” States can’t “use their spending and procurement authority to bypass federal laws they do not like," but Congress should pass a national law, said a statement by the national associations. NECTA supports "federal legislation that would enshrine these principles permanently across the entire U.S.," said CEO Paul Cianelli. While Scott understands "consistent regulation is important to ensuring a vibrant and thriving telecom and cable sector, our obligation as a state government is to our citizens, who I strongly believe have a right to free and open access to information on the internet,” the governor said. “In the absence of a national standard to protect that right, states must act.” The national groups earlier sued California for a comprehensive net neutrality bill (see 1810030036). Other states with net neutrality laws (Oregon, Washington state) or executive orders (Montana, New York, New Jersey, Hawaii and Rhode Island) have yet to be sued. Washington has comprehensive rules, while the others restricted procurement.
The Idaho Public Utilities Commission is mulling a cap of the state USF surcharge until 2020 while the legislature considers broader changes the PUC lacks authority to make, said PUC telecom analyst Carolee Hall at a teleconferenced Wednesday meeting with staff and industry representatives. The agency can’t let the 25-cent surcharge increase further because line counts are dropping, Hall said. CTIA Director-State Regulatory Benjamin Aron said 25 cents per residential line isn’t a lot compared with other states where USF fees exceed $1, though wireless carriers don’t pay into or get high-cost support from the Idaho USF. The association earlier questioned the need for legislative changes to USF (see 1810040035). CenturyLink supports fixing the fund or getting rid of it, said Director-Public Affairs Edward Lodge, saying the company's top concern is getting all providers to pay into the fund. Oregon and a few other states also are weighing USF changes (see 1810100042).
State courts may determine the reach of the Supreme Court’s 5-4 summer decision about mobile privacy in Carpenter v. U.S. It said government collection of at least seven days of cellsite location information (CSLI) is a Fourth Amendment-protected search, meaning police must obtain warrants (see 1806220052). Considered a win for privacy supporters, the decision didn’t address some emerging surveillance (see 1807050025).
An Arizona commissioner up for re-election said he has “been part of the solution” as the agency seeks to improve accountability and transparency. Justin Olson (R) joined the Arizona Corporation Commission last October, not long after indictment of a former commissioner and a few years after another resigned due to conflict of interest, he said in a statement this week. “I recognized that if I could restore even a small amount of public confidence in the Commission then that is work worth pursuing.” Since he joined, Olson voted for the ACC’s code of ethics, offering amendments “to prohibit all candidates for the Commission from accepting campaign contributions, or anything else of value, from the entities the Commission regulates,” he said. Olson investigated policies enacted during alleged bribery, he said. Olson, another Republican and two Democrats are running for two seats this November in a predicted blue wave election; all say they'll enhance accountability (see 1810110031). Commissioner Bob Burns stressed integrity as he endorsed fellow Republicans Olson and candidate Rodney Glassman (see 1809100036).
FCC Chairman Ajit Pai and Florida Gov. Rick Scott (R) Tuesday criticized carrier efforts to restore service in Florida after Hurricane Michael. Scott, who's trying to unseat Senate Commerce Committee ranking member Bill Nelson (D) in a tight Senate race, cited Verizon for its outage in Panama Beach. He urged telecom companies do more to help customers. Pai agreed carrier response could be better and asked the Public Safety Bureau to investigate.
Florida counties are working together to ensure 911 calls are answered from places hit hard by Hurricane Michael, county emergency management officials told us Friday. The hurricane left some Virginia 911 call centers running on generators, state officials there said. The FCC Disaster Information Reporting System (DIRS) communications status report Friday included nine Georgia counties added Thursday at the Federal Emergency Management Agency’s request, bringing the total number of counties covered to 110.