The 11th U.S. Circuit Court of Appeals denied rehearing en banc a Voting Rights Act case involving the Georgia Public Service Commission. The denial by a majority of 11th Circuit judges follows the U.S. Supreme Court rejecting a petition for certiorari from a group of Black voters challenging Georgia's election methods (see 2406240041). An 11th Circuit panel said earlier this year that elections must remain statewide for the Georgia PSC’s five members, who represent five separate districts. Three 11th Circuit judges dissented from the en banc rehearing decision: Charles Wilson, Robin Rosenbaum and Jill Pryor. Judge Nancy Abudu recused herself. Section 2 of the Voting Rights Act "provides a necessary mechanism for challenging state and local electoral schemes that deny voters equal participation in the political process to elect representatives of their choice,” Wilson wrote in his dissent. “In its reversal of the district court's well-reasoned opinion, the panel improperly narrows [section] 2, eroding the guarantees of the Voting Rights Act." Rosenbaum noted that the 11th Circuit panel didn't disagree that "the existing PSC elections result in racial bloc voting that prevents Black voters in Georgia from electing their preferred candidates to the PSC"; however, it ruled against the petitioners because their proposed remedy isn't the same as the state's electoral system. But given that the state's existing system isn't equally open "to Black voters, that's the point,” Rosenbaum said: The panel opinion "ignores binding and long-standing law governing Section 2 cases," inappropriately extends court precedent and "replaces the appropriate framework for Section 2 challenges with its own single-minded test." Petitioners’ attorney, Brian Sells, emailed, “We're still reviewing today's opinions and haven't made any decisions about next steps yet.” Georgia didn’t comment.
Frontier Communications could pay nearly $2.5 million for missing two Connecticut service-quality standards, the state’s Public Utilities Regulatory Authority said Wednesday. PURA issued the notice of violation after Connecticut commissioners voted 3-0 at a livestreamed meeting on a final decision (docket 24-01-15) directing the company to provide additional reporting about failures to meet metrics.
Sustaining broadband networks is a “paramount objective” of the Nebraska Universal Service Fund (NUSF) high-cost program, especially with the "influx of federal and state deployment funding," the Nebraska Public Service Commission decided in a Tuesday order. Commissioners voted unanimously Tuesday for two orders on state USF changes (docket NUSF-139) and to consider sanctions against Windstream for three separate 911 outages (docket 911-076).
Maine and Vermont legislators will reintroduce comprehensive privacy bills next session, lead sponsors told us in interviews. Republican Gov. Phil Scott’s veto of Vermont’s privacy bill hasn’t discouraged supporters from seeking a private right of action (PRA) that Scott and industry opposed, Rep. Monique Priestley (D), the comprehensive measure’s sponsor, said. Meanwhile, in Maine, a veto threat from Gov. Janet Mills (D) means neither party will pursue a PRA in the upcoming session, Sen. Lisa Keim (R) told us. Mills' opposition to a PRA made it a nonstarter this session.
California state senators pushed back on two digital equity bills Tuesday. Multiple Communications Committee members during a livestreamed hearing raised concerns about the Assembly-passed AB-2239, which would ban digital discrimination as the FCC defines it. Also, the committee scaled back the Assembly-approved AB-1588, which had proposed to update the California LifeLine subsidy program to support broadband for low-income households. The committee directed the LifeLine bill’s sponsor to find a compromise with industry opponents and other stakeholders over the summer recess that runs from July 3 to Aug. 5.
An AT&T-backed California bill that reshapes rules for seeking relief from carrier of last resort (COLR) obligation won't move forward, the carrier confirmed Monday. A revised Senate Communications Committee agenda for Tuesday’s meeting said the bill was pulled from the hearing. AT&T had turned its attention to trying to pass AB-2797 in the California legislature to change COLR rules after the California Public Utilities Commission denied the company relief from the obligation last month (see 2406200065). “While we are disappointed that AB 2797 will not be voted on, we are committed to working with state lawmakers, community groups and stakeholders to find a path forward that keeps customers connected, modernizes California’s communications network, and ensures no customer will be left without voice and 911 services,” AT&T California President Marc Blakeman said in an emailed statement. The bill’s demise is a win for California phone customers, said The Utility Reform Network Telecom Policy Director Regina Costa: “AT&T retreated as a result of outrage from thousands of Californians and the organizations who oppose the bill because AT&T's plan is a threat to universal service and public safety.” Comments are due this fall on a CPUC rulemaking to consider updating COLR rules for modern technology. “The bill wasn’t about modernizing AT&T’s network,” Costa said. “It was about giving AT&T the power to walk away from providing any kind of service wherever it chose.”
A Mississippi social media law requiring age verification may not be enforced while litigation continues, the U.S. District Court for Southern Mississippi decided Monday. The state law requiring parental consent for minors younger than 18 (HB-1126) was to take effect that day. But the court said NetChoice showed a high likelihood of success in its complaint (see 2406070059) against Mississippi Attorney General Lynn Fitch (R).
California telecom service quality standards could expand to more types of providers and carry new penalties under a California Public Utilities Commission staff proposal released last week. Current enforcement for plain old telephone service (POTS) hasn’t improved service, CPUC staff found. “In addition, the light-touch approach for VoIP and wireless services has not yielded improved service quality for those customers.”
A top California communications lawmaker pushed back on industry opposition to a bill that would require $30 affordable internet plans as a condition of receiving California Advanced Services Fund (CASF) infrastructure grants. The Assembly Communications Committee voted 8-2, with two Republicans voting no, to advance SB-424 at a Wednesday hearing. In addition, the committee voted 10-0 for bills that set broadband labor standards (SB-1460) and expand eligibility for CASF public housing broadband grants (SB-1383). All three pieces of legislation, previously passed by the Senate, will go to the Appropriations Committee.
A Pennsylvania Senate panel delayed the effective date of a comprehensive privacy bill to one year after it’s enacted. That would be six months later than proposed in a previous version of HB-1201, which unanimously cleared the Communications Committee with the amendment at a livestreamed hearing Wednesday. The change would “give businesses enough time to make the appropriate process changes to comply,” said Chair Tracy Pennycuick (R). “Additionally, the amendment clarifies that a private right of action is not open in conjunction with any other law.” The bill had already said that nothing in it “shall be construed as providing the basis for a private right of action for a violation of the provisions of this act,” with enforcement to be conducted solely by the Pennsylvania attorney general. Sponsor Rep. Ed Neilson (D) said Pennsylvania should pass the “bipartisan” measure to join nearly 20 other states with privacy bills. "We are falling behind the other states that are doing it all across the country." The bill will likely need approval from the Appropriations Committee before it can go to the Senate floor, a Pennycuick spokesperson said. The House voted 139-62 last March to pass HB-1201 (see 2403190009). Microsoft supported Pennsylvania’s privacy bill last year (see 2309060060).