State and federal policymakers should consider infrastructure funding for energy and telecom together rather than in silos, said Mississippi Public Service Commissioner Brandon Presley at a partially virtual Utilities Telecom Council workshop in Spokane, Washington. That could lead to a “multiplier of benefits,” since modernizing the electric grid will require fiber that could be shared for consumer broadband, said Presley. NARUC plans to vote on Presley’s draft resolution on the subject at its meeting next week. The draft focuses on electric cooperatives building middle-mile infrastructure, meaning if a cooperative is pursuing the last mile, “there's perhaps a suggestion that these legislators and commissioners ought not to be approving that kind of stuff,” said Keller Heckman lawyer Tom Magee on a UTC panel Thursday: It might not be well-taken by places like Chattanooga that directly sell service to residents. Five to 10 states passed laws empowering utilities to use electric easements to provide broadband, said Lerman Senter attorney Brett Heather Freedson on the same panel. There may be legal risk for co-ops even in states with utility broadband laws, she cautioned: A Virginia law faces a constitutional challenge after landowners sued an electric cooperative in U.S. District Court in Charlottesville, Virginia (case 3:20-cv-00065). Northwestern utilities stepped in to install fiber when telcos wouldn’t, said another panel Thursday. Douglas Electric Cooperative of Roseburg, Oregon, formed Douglas Fast Net because Lumen had no plans to significantly upgrade service, said DFN Manager Todd Way. “They were never going to really take care of our rural community, and I think we still see that to this day across the nation.” With an open-access fiber network in Kitsap County, Washington, the Kitsap Public Utility District is “not in this for a revenue stream,” stressed Telecom Director Angela Bennink: If the project had been a moneymaker, “the privates would be there.” Now the PUD’s network transports data for Lumen and cable companies, which provide residential services, she said. Addressing UTC virtually over Zoom, Presley faced intermittent audio and video issues as he discussed internet access. About 10 minutes into his remarks, his connection dropped out and UTC couldn’t get him back.
The Arizona Corporation Commission agreed 5-0 to defend its ethics code via a letter to state legislators. The commission will respond to a Sept. 2 letter by Senate Majority Leader Rick Gray (R), Sen. Sine Kerr (R) and Rep. Gail Griffin (R), who raised concerns that the code may violate state law and the Arizona and U.S. constitutions (docket AU-00000E-17-0079). Commissioners agreed to two changes to a letter drafted by Legal Division Director Robin Mitchell. Commissioner Justin Olson, running for U.S. Senate, said the letter makes a good case for the ethics code but suggested replacing the term “dark money” with “independent expenditure campaigns” and striking a phrase that said “no one is forced to run for office.” A commission spokesperson couldn’t immediately provide the letter, which will carry commissioners’ signatures. The ACC began developing an ethics code in 2017, finalizing it in 2018 and amending it in 2019 (see 1909240019).
Three more municipalities opted out of a Colorado law banning municipal broadband in Tuesday’s election. And Virginia former Gov. Terry McAuliffe conceded Wednesday to Republican Glenn Youngkin, who supported low-orbit satellites for expanding rural broadband during his campaign (see 2110250029). In other races, Boston chose for mayor Michelle Wu, a progressive Democrat with a digital equity plan. In Colorado, Mesa became the 44th county to opt out by passing its ballot initiative with about 72% voting yes. "This is a big win for rural western Colorado,” emailed county Commissioner Cody Davis (R). “It's the first step in bringing reliable high-speed internet to every corner of Mesa County.” Milliken and Windsor become the 117th and 118th municipalities to opt out, said the Colorado Municipal League. About 81% voted yes in Milliken, 77% in Windsor. Colorado has 64 counties and 271 municipalities. Elsewhere, residents in Northampton, Massachusetts, supported muni broadband, while those in China, Maine, voted against it and people in Hampden, Maine, voted against a $4.5 million public network. Harlan, Iowa, residents voted to sell its muni network. Election results suggest broadband is “still growing as a voting issue,” emailed Institute for Local Self-Reliance Director-Community Broadband Networks Christopher Mitchell. “I remain concerned that Virginia is discouraging investment in better broadband networks, whether in areas totally unserved, areas needing more choices, or low-income areas,” he said. “The Democrats had a chance to remove the barriers and didn't.”
Cable operators told a New Jersey regulator their "entertainment services" shouldn’t face stricter service-quality rules than telephone -- especially since competitive over-the-top providers are unregulated. At a New Jersey Board of Public Utilities virtual hearing Wednesday, Altice, Comcast and the New Jersey Cable Telecommunications Association (NJCTA) ticked off a laundry list of legal and practical objections to BPU’s proposal to readopt the state’s Administrative Code Title 14 Chapter 18 rules for cable TV with substantial changes, including new required metrics and reports and tougher enforcement.
Moving toward reverse preempting the FCC’s pole attachment authority, the Florida Public Service Commission unanimously supported a modified staff proposal on how to handle attachment complaints. The PSC is implementing a state law enacted in June (see 2110270017 and 2109010053). Commissioners agreed at a livestreamed Tuesday meeting to a change suggested by Florida Power and Light that the utility said would prevent complaining attachers from paying zero dollars while an attachment rate is in dispute. Chairman Gary Clark proposed requiring the complainant to state upfront what it thinks it should pay, and then pay that “undisputed” minimum amount until the commission resolves the dispute. AT&T Senior Counsel Tracy Hatch and Florida Internet and Television (FIT) counsel Floyd Self of Berger Singerman at first raised concerns that there could be extended disagreement over the “undisputed” amount. FPL Senior Attorney Maria Jose Moncada assured the commission it would take what attachers thought was correct until the PSC decided. The parties hashed out language to that effect over a 30-minute recess. Hatch and Self afterward said the language looked practical, though they cautioned the statute may not allow it. The commission didn’t adopt two changes suggested by the communications lawyers. Self sought to shorten review of access-denial complaints to 90 days from 180 days as proposed. It would be 180 days at most, clarified PSC Senior Attorney Kathryn Cowdery. Staff is reluctant to set it shorter due to unknowns about how many complaints will come in and how long they will take to resolve, she said. Commissioner Andrew Fay stressed 180 days would be a “ceiling” and the PSC could act faster. Self and Hatch wanted PSC rules to expressly reference the FCC rate formula to clarify draft language allowing pole owners and attachers to ask for an alternative rate, since they said the rules don’t say to what it would be an alternative. The Florida law directing the PSC to regulate attachments didn’t require that, responded Cowdery. Earlier at Tuesday’s meeting, PSC members elected Fay, a NARUC Telecom Committee member, as its next chairman.
With a full complement of FCC commissioners possible soon, Federal-State Joint Board on Universal Service state members told us they’re looking forward to reconvening with the federal side. At NARUC’s Sunday through Nov. 10 hybrid meeting, state regulators plan to discuss possible changes to the USF contribution mechanism and consider a resolution to support energy utilities expanding broadband. FCC Commissioner Brendan Carr is to speak on a Wednesday NARUC panel on USF contribution with consultant Carol Mattey and AT&T and NCTA officials (agenda).
Apollo's buying Lumen ILEC assets got cable and state advocate attention. Charter Communications asked to intervene Friday in docket S-36166 at the Louisiana Public Service Commission. The proposed transfer of control may have a “significant effect" on "rates, terms and conditions that apply to wholesale services and facilities provided by Lumen to competitive carriers,” said Charter. The Pennsylvania Public Utility Commission last week posted protests by the Office of Consumer Advocate and Office of Small Business Advocate in docket A-2021-3028668. OK the application only if the PUC finds it’s in the public interest, “it provides substantial, affirmative benefits” to customers and it follows the public utility code, OCA asked: The application as filed “may not support a conclusion that the merger will provide substantial, affirmative benefits to the public and will affirmatively promote the service, accommodation, convenience or safety of the public in some substantial way.” OSBA sought commission hearings. The Illinois Commerce Commission will collect staff testimony on Apollo/Lumen in December (see 2110260054).
State rules for a federally funded $2 billion last-mile account should encourage municipal broadband, consumer and local advocates told the California Public Utilities Commission in comments posted through Monday in docket R.20-09-001. The CPUC aims to release a proposed decision between December and March on rules for the last-mile program required in a broadband law (see 2110270063). "Price regulation and subsidies can and should co-exist” to make broadband affordable, said AARP: It suggested prioritizing noncommercial providers. Next Century Cities agreed muni broadband would trim prices. Let communities develop broadband networks through local or tribal governments, community-based organizations or private/public partnerships, said Rural County Representatives of California. Communications Workers of America said industry providers are better equipped to build broadband networks. Meanwhile, telecom and cable companies bristled at CPUC staff-proposed rules straying from California Advanced Service Fund (CASF) infrastructure program rules. If the CPUC wants to meet federal deadlines for distributing federal money, rules should closely track CASF, commented Frontier Communications. The California Cable and Telecommunications Association raised concerns that the staff plan is “markedly different” from CASF rules and shows bias toward overbuilding. Focus on serving the worst first with a “fair and transparent” objection process that isn’t “muddled by unnecessary and irrelevant requirements like infrastructure photographs” and that protects confidential data submitted by companies to object to projects in their areas, said CCTA. Rules that are more onerous than the older CASF program could discourage participation, said Comcast. The Corporation for Education Network Initiatives in California cautioned that staff-proposed application and compliance rules may be too burdensome for tribes and smaller organizations. Encourage such applicants by reimbursing winners’ grant development costs, CENIC said.
The Pennsylvania Public Utility Commission chair was overruled by colleagues on telecom deregulation at a teleconferenced meeting Thursday. Vice Chair John Coleman and Commissioner Ralph Yanora supported Coleman’s motion to slash more rules than proposed in the draft order. Chair Gladys Brown Dutrieuille voted no to the motion and the item overall. “There are areas of Pennsylvania today where competition is ineffective,” she said.
Lumen and AT&T officials cited concerns about draft pole attachment rules being considered at the Florida Public Service Commission. The PSC is to start regulating attachments next year due to a law enacted this summer (see 2109010053). Written comments are due Nov. 15 on draft rules for pole inspections, repair and replacement, vegetation management and monetary penalties, PSC Senior Attorney Adria Harper said at a livestreamed hearing Wednesday. Staff tried to minimally hit each point of the statute, she said. The agency should revise vegetation management rules that would kick costs from electric to telecom companies, said Lumen Director-Government Affairs Christie Mason. Overgrown plants are a bigger concern for electric companies because contact with power lines could cause a fire; it affects telecom companies only because they share the poles, she said. Lumen will contribute to management costs, but requiring telecoms to pay in full would be an unlawful “regulatory taking,” she said. Lumen seeks flexibility for companies’ pole inspection intervals, said Mason, noting the telco reviews about 2.2 million U.S. poles every 10 years, with about 10% in each jurisdiction inspected annually. AT&T Senior Counsel Tracy Hatch agreed with Lumen concerns on vegetation management, saying the PSC proposal raises technical and logistical issues. Hatch doesn’t see how it helps the commission to require companies to report on how companies trim plants or on how many poles they relocate, he said. PSC Engineering Director Tom Ballinger said the agency isn’t making standards, and information can be useful.