Staff at state commissions pushed forward USF update efforts. The Oklahoma Corporation Commission is seeking comment and plans a meeting soon on draft legislation to update Oklahoma USF (OUSF) into a broadband-focused subsidy, the OCC emailed stakeholders Monday. The Regulatory Commission of Alaska (RCA) posted a staff proposal Friday to use Alaska USF (AUSF) to close the digital divide in places where voice remains the primary form of telecom access. The Oregon Public Utility Commission plans to post a state USF proposal within a week, it said Monday.
NTIA can refuse infrastructure funding to states that insist on enforcing municipal broadband limits, and it’s not a question of preemption, said NATOA General Counsel Nancy Werner in an interview last week. She responded to the Free State Foundation's claims NTIA lacks authority to override some states' restrictions. NTIA should seek to empower localities, but denying funding to certain states could be bad politics for the Biden administration, said Institute for Local Self-Reliance Director-Community Broadband Networks Christopher Mitchell.
A Missouri panel plans to bring one omnibus broadband bill to the House floor incorporating ideas from multiple separate bills, said House Special Committee on Broadband and Infrastructure Chairman Louis Riggs (R) at a livestreamed hearing Thursday. The committee heard testimony that day on five bills. HB-2016, sponsored by Rep. John Black (R) and opposed by Lumen, would let localities form a broadband infrastructure improvement district to provide residential service. HB-2353 by Riggs would let two or more localities, upon a vote by residents, form such a district. HB-2638, sponsored by Riggs and supported by AT&T and Lumen, would establish a broadband council to explore ways to expand access and usage and develop a map with data provided by any entity that gets state or federal broadband funding. HB-2645 by Rep. Josh Hurlbert (R) would require grant applicants to share address-level maps showing highest speeds they provide. Riggs said Hurlbert’s mapping bill would be folded into his council bill. HB-2817 by Rep. Jason Chipman (R) would require fast Wi-Fi in Missouri’s Capitol building in Jefferson City.
Three states’ privacy bills appeared to fail in one week as legislators struggled to find agreement before their sessions ended. Washington state legislation looked dead Thursday; it hadn’t received votes as legislators neared adjournment. Florida and Wisconsin bills also stalled, and an Indiana bill could also run out of time soon. Recent privacy bill defeats show “it's tough to get a bill passed on a big-ticket item like this,” said Husch Blackwell privacy attorney David Stauss in a Thursday interview.
A West Virginia Senate panel considered but decided against removing mapping requirements from a bill meant to increase state control of broadband deployment as federal dollars roll in. At a livestreamed Wednesday meeting, the Economic Development Committee unanimously approved the House-passed HB-4001, sending the bill to the Finance Committee. Sen. Eric Tarr (R) proposed amendments, including to remove requirements to map poles and right-of-way disturbances, after Economic Development Department officials testified they could cost $2 million and would duplicate existing work. Tarr said he was wary of "potentially creating some overregulation that could decrease the speed of deployment” and add unnecessary cost. But Tarr withdrew his amendment after HB-4001 sponsor Del. Daniel Linville (R), showed up late to the meeting to defend his bill. Linville said a recent Facebook fiber project in West Virginia faced hurdles because the National Historic Preservation Act required proof of prior disturbance. Mapping disturbances could expedite future projects, he said. Mapping poles would reduce cost and hassle while speeding deployment because the maps would provide ready information on poles’ ability to support attachments, he said. Tarr also proposed and withdrew an amendment to remove the attorney general from the bill, which would leave the West Virginia Public Service Commission in charge. PSC Chairman Charlotte Lane said the commission was well-equipped to handle all parts of the bill that currently includes both the AG and PSC. But Linville said the AG receives many consumer complaints and in 2015 reached a $160 million settlement with Frontier Communications (see 1512100036).
The New Jersey Board of Public Utilities voted 5-0 to add cable service-quality rules, at a webcast meeting Wednesday. The board approved final readoption of the state’s Administrative Code Title 14 Chapter 18 rules for cable TV with substantial changes, including new required metrics and reports, changes to pole attachment rates and public, educational and government (PEG) access channel rules, and tougher enforcement (see 2108180051). The rules had been set to expire March 29. Cable operators fought additional requirements proposed in docket CX21010010, citing competition from over-the-top streaming services (see 2112060032 and 2111030030). "Perhaps there won't be so much competition with streaming if they ... follow these great consumer service rules,” Commissioner Mary-Anna Holden said at Wednesday’s meeting. Commissioner Bob Gordon said he was glad to ease consumers’ difficulties with cable customer service: "This is one area where we really can have an impact on so many households." Charter declined to comment. Comcast didn't comment.
Internet industry groups condemned a Georgia social media bill Wednesday. The Senate voted 33-21 Tuesday to pass SB-393, which is modeled after Texas and Florida laws that were enjoined by federal district courts (see 2202150068). If enacted, the Georgia measure “would force social media to host state-run media like RT while denying their ability to remove other awful but lawful content,” said NetChoice Vice President Carl Szabo in a statement. “The First Amendment protects us all, including private businesses, from being forced to host the state-run content that this legislation would compel them to.” Computer & Communications Industry Association State Policy Director Alyssa Doom said “in addition to being unconstitutional, the Georgia legislation would act as a barrier for digital services trying to keep Georgians safe online.” An Ohio House committee held a hearing on the similar HB-441 Tuesday (see 2203080071). A Tennessee Senate committee Tuesday delayed until the following Tuesday two similar bills (SB-2380 and SB-2161). “We urge legislatures across the country to reject these bills, which conflict with the First Amendment by forcing private companies to carry speech,” said Doom. The Alaska Senate State Affairs Committee plans to mull a social media bill (SB-214) Thursday at 3:30 p.m. EST.
Wisconsin’s privacy bill appears dead despite passing the Assembly last month (see 2202240003). “It’s looking like the bill won’t be receiving a vote in the Senate this session,” Mark Austinson, policy adviser to HB-957 sponsor Rep. Shannon Zimmerman (R), emailed us Wednesday. “We intend to continue working on the bill and reintroduce it in the beginning of next session.” The legislature adjourns Thursday. Florida’s privacy bill also looks dead; Washington state’s bill faces a Thursday deadline (see 2203070069).
Tennessee bills to modify the 2018 small-cells state law could soon get floor votes. Localities and the wireless industry support the proposal, advanced Tuesday in the Senate, that would increase locality fees allowed for 5G deployments. At other Tuesday hearings, Tennessee legislators advanced broadband and telehealth bills.
The West Virginia legislature passed an emergency communications bill to set up a commission to study implementing next-generation 911 for the state. The Senate voted 33-0 Monday for the House-passed HB-4282. The commission would have to complete a preliminary report by Dec. 31 and a final report by June 1, 2023. "The growing use of cellphones and VoIP devices has made traditional 911 services less reliable because they do not show the location of or information about the caller,” said sponsor Sen. Mark Maynard (R) at the livestreamed floor session. HB-4282 will become law if Gov. Jim Justice (R) signs. Friday in Illinois, the House voted 103-0 for HB-5502 to require that multi-line telephone systems and other services route 911 calls to the correct jurisdiction. It goes to the Senate. Also that day, the Hawaii House unanimously sent the Senate HB-1980 to permit but not require Medicaid, health insurers and others to cover telephonic behavioral health services.