ISPs balked at a possible probe into whether broadband deployment practices lead to digital inequity, in comments posted through Tuesday at the California Public Utilities Commission. As part of its broadband docket (R.20-09-001), the CPUC sought feedback on three digital redlining studies by the Greenlining Institute; University of Southern California; and Communications Workers of America and National Digital Inclusion Alliance (see 2105280014). Advocates urged further investigation.
Florida plans to “immediately appeal” to the 11th U.S. Circuit Court of Appeals Wednesday's decision by the U.S. District Court in Tallahassee to freeze Florida’s law regulating social media, said a spokesperson for Gov. Ron DeSantis (R) Thursday. Hours before the law was to take effect, Judge Robert Hinkle granted NetChoice and the Computer and Communications Industry Association’s motion for preliminary injunction (see our bulletin). Plaintiffs and supporting amici told us they’re confident the 11th Circuit won’t overturn the lower court.
The FCC, NTIA and the Department of Agriculture’s plan to coordinate federal broadband deployment funds (see 2106250056) should increase efficiency and produce the “biggest bang for the buck” in communities with little or no broadband, said NARUC broadband task force member Talina Mathews Tuesday. The state broadband group recommended more coordination (see 2106250048), noted the Kentucky Public Service commissioner in a livestreamed panel at the Mid-Atlantic Conference of Regulatory Utilities Commissioners (MACRUC) meeting in Farmington, Pennsylvania. “The haves and have-nots really came to light when we had to go virtual,” with some children forced to sit in McDonald’s parking lots to get Wi-Fi for homework, Mathews said. COVID-19 put an “intense spotlight” on underserved areas, said Virginia State Corporation Commission Judge Judy Jagdmann on a later, partially virtual MACRUC panel. Electric utilities are constructing broadband middle mile facilities in their states after laws passed to ease limits, said Jagdmann and West Virginia PSC Chairman Charlotte Lane. West Virginia’s commission cleared a $61.3 million, 400-mile middle-mile broadband project by Appalachian Power June 16 that could serve 15,000 unserved customers, said utility Vice President-External Affairs Brad Hall. Though an energy users group sought reconsideration Monday of parts of the PSC’s OK in case 21-0032-E-IMM, the energy company hopes to begin 24-month construction by year-end, Hall said. The users group said it challenges “limited questions of cost recovery,” not PSC approval of the plan or proposed project. Lane said she couldn't talk about the pending reconsideration.
Don’t reduce Minnesota landline service quality standards, two state agencies advised the Public Utilities Commission in comments Monday on a Lumen petition to eliminate or modify answering time and service interruption rules. Any rulemaking "should be for the purpose of creating appropriate expectations of telephone companies and providing reasonable service standards,” not “reducing standards,” the Minnesota Commerce Department said in docket 21-381. First resolve a probe sought by the Communications Workers of America (docket C-20-432) into “alleged violations of those same rules,” it added. Even if the carrier formerly known as CenturyLink is right that only 4.4% of Minnesota households rely solely on landline for voice, “these landline customers matter,” the state attorney general’s office commented. “There is no reason to believe that any savings CenturyLink might gain from reduced telephone regulation will be invested into increased broadband service,” it responded to one Lumen claim. “It is just as likely that CenturyLink will keep this surplus for its investors.” CWA’s investigation found Lumen “failed to maintain its physical copper plant and has failed to deploy fiber to 46% percent of its coverage area in Minnesota,” the union said. “Elimination of service quality rules does not magically fix understaffing and lack of investment in what might be less profitable areas of the state.” Frontier Communications supported Lumen, saying it “experiences the same demand to prioritize voice service over broadband service in order to comply” with the service interruption rule. “Installation and repair of broadband service often takes a backseat to satisfying the stringent repair requirements for voice service.” Lumen said the 40-year-old rules are “reflective of an era where providers were monopolies that could recover costs associated with service quality standards through rate of return pricing.” Issues “are not limited to one company and the concern about balancing the importance of voice and broadband service in Minnesota is a statewide issue.” Lumen dismissed comments from Stillwater Township residents including Board of Supervisors Chair Sheila-Marie Untiedt, who cited “a long history of complaints, issues and challenges with the CenturyLink services provided on our community.” Untiedt said she personally “endured weeklong stretches where the line is down or the noise is so loud it is unusable.” Stillwater seeks to “leverage this docket for improving broadband services” to about 800 homes there, replied Lumen. “Such an effort is ironic, given that the rules CenturyLink seeks to change prioritize voice repair over broadband.”
An Ohio legislative conference committee scrapped a municipal broadband ban from the proposed state budget Monday, Ice Miller attorney Jessica Voltolini told us. The House and Senate planned to vote on the conference report later that evening, said the local government attorney. Localities were gearing up to sue Ohio unless lawmakers discarded the proposed ban (see 2106180013). Fairlawn, Ohio, Public Service Director Ernie Staten praised local rallying around the issue. “Municipalities only enter the broadband space when forced to by the inaction of the private sector,” he said.
The Supreme Court refused to hear a local government challenge to the FCC’s 2018 small-cells orders. The court denied certiorari to Portland, Oregon, and other localities in case 20-1354 without explanation, in its Monday order list. Local government attorneys told us they will keep talking about wireless infrastructure concerns at the FCC. Industry applauded SCOTUS not taking the case. Cities argued the case was ripe for SCOTUS review despite the FCC and DOJ saying there wasn’t any reason to take the case (see 2106150079) and 2106030066).
A federal judge chided a Florida counsel at virtual oral argument Monday on the state’s law regulating social media regulation, asking “if you've ever dealt with a statute that was more poorly drafted.” U.S. District Court in Tallahassee Judge Robert Hinkle had a laundry list of questions for the state counsel. He plans to rule Wednesday on a preliminary injunction against the law that would otherwise take effect Thursday (see 2106250028).
Telcos urged more aggressive deregulation by the Pennsylvania Public Utility Commission, in replies last week in docket L-2018-3001391. PUC-proposed changes don't “go far enough in reducing regulation to establish the light touch appropriate for today's environment,” but “would simply set in stone another version of micro-managing, monopoly-era regulatory mandates that would be outdated as soon as they are promulgated,” said Verizon. Consumer groups favoring regulation “failed to substantiate their outdated assumptions with any real world evidence,” and give no proof that seniors and disadvantaged individuals would lose landline service or that prices would spike, the carrier said. PUC rules “are so arcane and infective [sic] as to need a complete rewrite -- not just an update for selected exchanges,” the Pennsylvania Telephone Association commented. “The Commission has been far too timid in surrendering even a portion of its regulatory powers over the ILECs. Infinite study of deregulation becomes a barrier to the needed reforms.” CLECs Tri-Co Connections and Claverack Communications urged the PUC to slash “most, if not all, of the legacy regulations that apply to competitive carriers.” Don’t exaggerate the extent of Pennsylvania competition, replied the Office of Consumer Advocate. “Nor does the option of switching to an alternative service, where available, remedy a consumer’s immediate need for reliable, continuous service from their current telecommunications carrier.”
Prioritize broadband support in areas with less than 25 Mbps download and 3 Mbps uploads, a NARUC broadband task force recommended Friday. At its final virtual meeting, the group unanimously adopted that and other amended recommendations that will be drafted into proposed resolutions for the Telecom Committee to consider at NARUC’s July 18-21 meeting. Another edit responded to ISP concerns about not enough appreciation for that sector (see 2106020077).
Regulating how powerful social media companies control user content is “little different from traditional common carrier regulation long thought to be constitutionally permissible,” said Florida Monday at U.S. District Court in Tallahassee. The state opposed internet industry groups’ motion for preliminary injunction, arguing that Communications Decency Act Section 230 doesn’t preempt Florida from regulating networks that censor free speech: Plaintiffs may say sites are businesses not subject to the First Amendment, but if “Section 230 creates a broad law-free zone in which internet companies can censor however they like, even in bad faith, then serious questions would arise about whether their censorship constitutes state action.” Even if the court disagrees social networks are state actors, “there is nevertheless state action to whatever extent Section 230 preempts Florida law,” argued Florida, citing a 1956 Supreme Court case, Railway Employees’ Department v. Hanson. The Supreme Court, in 2006’s Rumsfeld v. FAIR and 1980’s PruneYard Shopping Center v. Robins, said the First Amendment gives government wide latitude to regulate, Florida said. A footnote responded to plaintiffs’ incredulity about the law exempting companies that own Florida theme parks, which could include Disney and Comcast. It “only applies to a handful of entities, none of which operates a social media platform of significant size,” Florida said. “The narrow exception survives intermediate scrutiny, and in any event should be severed from the rest of the Act if the Court deems it unconstitutional.” Virtual oral argument is June 28 at 1:30 p.m. Judge Robert Hinkle said he plans to rule on preliminary injunction by end-of-day June 30 (see 2106100059). The court received amicus briefs opposing the state law last week, including from the Internet Association, Electronic Frontier Foundation, American Civil Liberties Union and TechFreedom. It might seem “counterintuitive,” but “the answer to Florida lawmakers’ concerns ... is to preserve the constitutional status quo,” wrote EFF. The law vests Florida “with the pure power of the censor,” said ACLU and press and writer groups. Common carriage rules may not be applied to social media, said TechFreedom.