Industry and state officials raised concern about a Maine broadband bill to increase the definition of unserved to areas with speeds less than 100 Mbps symmetrical. The standard is 25/3 Mbps, but user speed tests show many in so-called served areas lack those speeds, said LD-83 sponsor Rep. Walter Riseman (I) at the bicameral Joint Energy, Utilities and Technology Committee’s livestreamed hearing Tuesday. “The status quo is not acceptable,” he said. Telecom Association of Maine (TAM) counsel Benjamin Sanborn said 25/3 Mbps is “baseline” and “not ideal,” but he suggested focusing public dollars on getting everyone to that minimum level first. Companies usually build to much faster speeds, he said. The TAM official questioned the accuracy of user speed tests. Chairman Seth Berry (D) noted the alternative is relying on industry data that treats a census tract as unserved even if only one house is served. That’s a problem in every state, replied Sanborn, adding that Congress recently passed a law to improve maps. Changing to a 100/100 Mbps standard, as proposed in LD-83, would render nearly the entire state unserved, protested Charter Communications Regional Senior Director Melinda Kinney. The cable operator sells residential plans up to 1 Gbps download, but none has an upload speed that high, nor do consumers need that for common activities, she said. Rep. Nicole Grohoski (D) challenged Kinney, asking if people might find use for higher uploads if they were available. Maine Public Advocate Barry Hobbins shared Kinney’s concern about raising the standard to 100 Mbps symmetrical, saying that could hurt rural places because buildout historically happens in the densest areas first. Solving broadband problems takes money, "not a definition change,” said ConnectMaine Authority Chair Nick Battista. Updating unserved’s meaning through legislation is too slow, he said. The FCC should redefine broadband because it’s tough for states to leap without national support, said Peggy Schaffer, the authority’s executive director.
Portland, Oregon, and 35 other municipalities and associations asked the Supreme Court to hear the appeal of the 9th U.S. Circuit Court of Appeals' decision upholding much of the FCC's 2018 small-cell orders. Monday's appeal by localities was expected (see 2103220059). Lack of a circuit split could work against the court taking Portland v. FCC, but local governments have hope because it raises important federal questions, State and Local Legal Center Executive Director Lisa Soronen told us Tuesday.
Local and union officials support an imminent appeal to the Supreme Court of the FCC’s 2018 small-cell orders Monday. Many localities were expected to have challenged the 9th U.S. Circuit Court of Appeals' decision upholding much of the FCC orders by Monday’s deadline (see 2102080058). Local governments' expected cert petition wasn't yet available.
A Washington state bill to implement national 988 got support from Senate Behavioral Health Subcommittee Chair Manka Dhingra (D) at a Friday hearing. The panel heard virtual testimony on HB-1477 after the House passed the measure 78-18 Wednesday. Dhingra said the bill is “very important” and she's pleased it got bipartisan support in the other chamber. Sponsor Rep. Tina Orwall (D) said it could have more impact reducing suicide rates than any previous bills she has endorsed. HB-1477 “will help save lives,” testified Washington Department of Health’s Daisye Orr. The latest version would impose a 30 cent monthly fee on wireless, wireline and VoIP lines starting Oct. 1, increasing to 50 cents Jan. 1, 2023. CTIA supports designating 988 but is concerned the amount is too high, especially combined with other bill taxes, said Vice President-State Legislative Affairs Gerry Keegan. The fee could be reduced by narrowing what it covers to direct costs of 988 call routing and taking and call center personnel, he said. “This requires money, and it requires effort,” said Abraham Dairi, whose wife died by suicide last year. Calling 911 is ineffective and can damage potential suicide victims more, he said: “People are dying, and we're failing them every single day.” The subcommittee is scheduled to vote March 26.
Frontier Communications expects to exit bankruptcy once it reaches an “acceptable resolution” with the California Public Utilities Commission on an eleventh-hour revision to the agency's conditional OK, a Frontier spokesperson said Friday: Commissioners Thursday “voted to approve Frontier’s emergence from Chapter 11 but included a provision in the approval order that was recognized as problematic by all settling parties.” Frontier, Communications Workers of America, The Utility Reform Network and CPUC Public Advocates Office filed a joint notice of rejection hours after the CPUC voted 5-0 to adopt a revised order clearing the deal, as expected (see 2103180064). The CPUC should resolve the issue at this Thursday’s meeting, the parties said. “Time is of the essence to permit Frontier to emerge from Chapter 11 bankruptcy by March 30, 2020.” The parties object to revising the requirement that the company build fiber-to-the-premise to 150,000 locations to specify that those locations should be only in places where the telco is the only service provider, with at least 10% in rural areas: “Ordering Paragraph 4(o)(i) would add a material condition not contemplated by the Parties’ Settlement Agreement.” Revised terms aren’t “supported by the record, are not feasible, would add substantial incremental costs to Frontier’s $1.75 billion capital expenditure commitment ... and would upset the balance achieved by the Parties’ Settlement Agreement by limiting the buildout of fiber facilities to thousands of low income households, communities of color and rural households throughout Frontier’s diverse serving territory merely because they have access to one other broadband option that may or may not meet their needs,” they said. They would support a change saying at least 10% of the planned fiber buildout must be in locations where Frontier is the only fixed broadband internet access service provider. The agency didn’t comment Friday.
A federal judge declined to force San Francisco to issue permits for T-Mobile infrastructure but barred the city from “imposing penalties or in any way preventing T-Mobile from proceeding with installations” for applications deemed granted because the city didn’t act in 60 days. In a Friday order (in a Pacer), Judge Susan Illston of the U.S. District Court in San Francisco partly granted the carrier’s motions for summary judgment and preliminary injunction. Illston disagreed with the city that the Spectrum Act violates the 10th Amendment’s anti-commandeering doctrine saying Congress may regulate only individuals. T-Mobile wanted the court to force San Francisco to issue a permit for deemed-granted applications, but Illston disagreed the law requires governments to do anything more than accept a carrier’s deemed-granted notice and not interfere with installations. "The FCC Spectrum Act only prohibits State or local governments from denying qualifying applications,” said Illston, citing a 2015 decision by the 4th U.S. Circuit Court of Appeals in Montgomery County, Maryland v. FCC. T-Mobile and the city didn’t comment now.
Altice will spend nearly $72 million in New York state to increase resiliency and resolve a notice of apparent violation for its Hurricane Isaias response (see 2102110066). Public service commissioners voted 4-0 to adopt the settlement at their virtual meeting Thursday. The cable operator agreed to spend about $68.5 million over two years in capital and operational storm-related remedial measures, including network upgrades and additional staff and training, and give $3.4 million in customer credits for outages, said Department of Public Service Investigations and Enforcement Director Joseph Suich. Interim PSC Chair John Howard, at his first meeting in that role, urged Congress to “grant all states the ability to regulate data services as utility services, as we now know ... how dependent we are on data and internet services.” Storms are tough and “lack of communication” is “totally unacceptable,” said Commissioner Tracey Edwards. "Altice has been working with the NY PSC since Storm Isaias last summer to jointly examine opportunities for enhancements in how we communicate and engage with our customers, communities, and public officials during severe weather events," a spokesperson emailed. "We look to ensure that the long-term service investments we're making continue to improve the customer experience and benefit all our tri-state area customers." Gov. Andrew Cuomo (D) said the settlement makes clear that telecoms "have an obligation to prepare for severe weather and to develop robust storm-response programs, and if they fail to adequately do that job we will hold them accountable and force them to change."
The New Mexico legislature passed a broadband bill that would allow Sacred Winds Communications to collect a state rural telecom subsidy (see 2103150050). The House voted 66-1 Wednesday for SB-204; the Senate earlier passed the bill unanimously. In other state broadband votes, the Michigan House voted 59-50 Wednesday for HB-4210 to exempt broadband equipment from certain property taxes in underserved areas. The Senate passed the similar SB-46 last month. A $250 million Kentucky broadband funding bill (HB-320) headed to Gov. Andy Beshear (D) after Tuesday passing the House 94-0 and the Senate 36-0. Beshear plans to review bills over the next 10 days, but he has 148 bills before him, after getting 111 from the legislature Monday and Tuesday, a spokesperson said. The governor sought $50 million for last-mile broadband in his budget proposal. The Michigan and New Mexico governors didn’t comment Thursday.
Frontier Communications could soon emerge from Chapter 11 bankruptcy after getting final regulatory OK Thursday (see 2103150030). A late change to the proposed decision might cause turbulence. California Public Utilities Commissioners voted 5-0 at their virtual meeting to clear the reorganization -- with conditions. The order is a "critical moment of really ensuring that Frontier be a better company for California,” said Commissioner Martha Guzman Aceves.
Frontier Communications got its final regulatory OK to emerge from Chapter 11 bankruptcy. The California Public Utilities Commission voted 5-0 at its Thursday virtual meeting to clear the proposed reorganization with conditions.