An administrative ruling on the California Public Utilities Commission's revised timeline for review of Comcast's planned buy of Time Warner Cable was delayed after a coalition of state public interest advocates filed a motion for the CPUC to dismiss its review of Comcast/TWC and associated deals. CPUC Administrative Law Judge Karl Bemesderfer had been expected to rule Monday (see 1411210043) on a petition by public interest advocates to extend the timeline for CPUC review of Comcast/TWC, but could rule on the timeline extension and the motion to dismiss by the end of the week, Greenlining Institute Legal Counsel Paul Goodman said in an interview. Bemesderfer’s delayed ruling on the timeline isn’t necessarily connected to the motion to dismiss, CPUC Office of Ratepayer Advocates (ORA) Senior Attorney Lindsay Brown said. A Comcast spokeswoman declined to comment on the motion to dismiss.
A decision is likely on Monday on the California Public Utilities Commission’s (CPUC) schedule for reviewing the Comcast/Time Warner Cable (TWC) deal and associated transactions, state participants in the review told us. California public interest groups have joined with the CPUC’s Office of Ratepayer Advocates (ORA) in petitioning Administrative Law Judge Karl Bemesderfer to reconsider the review schedule he set earlier this month, which they view as too compressed to result in the thorough review the CPUC had planned. CPUC had earlier delayed its review in response to the FCC’s temporary pause of its own review in the case (see 1410140022). Another administrative law judge who had temporarily replaced Bemesderfer had ruled last month on the scope of ORA’s discovery requests for the review, but deferred to Bemesderfer on a revised schedule (see 1410170049). Comments on the ORA’s petition were due at the close of business Friday.
NARUC members unanimously approved Wednesday a Telecom Committee-passed resolution on FCC treatment of utility spectrum allocations. The resolution, which also received NARUC board backing Tuesday, urges the FCC to equalize its spectrum license transfer process for utilities seeking spectrum for supervisory control and data acquisition (SCADA) and smart grid systems. The resolution also asks the FCC to reconsider the “precedential effects” of a September order. The resolution’s proponents claim the order shows the agency believes utilities’ use of spectrum for SCADA and smart grid systems isn’t “dedicated” to public safety purposes yet supports positive train control on public safety grounds (see 1411170044).
SAN FRANCISCO -- State agencies are working to address vulnerabilities in Next-Generation 911 (NG-911) and text-to-911 even as they advance deployment of the technologies, state officials said Tuesday. The April 2014 multi-state 911 outage is the latest example of the “accelerating” trend of 911 outages caused by increasingly advanced 911 technologies, said FCC Public Safety Bureau Deputy Chief David Furth during a panel discussion at a NARUC conference. The Bureau released a report in October that found a “preventable software error” at a 911 call processing center in Englewood, Colorado, was responsible for the outage (see 1410170057).
SAN FRANCISCO -- NARUC Telecom Committee Co-Vice Chairman Paul Kjellander, Idaho Public Utilities Commission president, urged state regulators Monday to be cautious about using Communications Act Section 706 as a legal authority for regulating broadband and other advanced communications services at the state level. “In Idaho, if I tried to exercise any kind of regulatory authority under Section 706, I wouldn’t get very far” before state courts would likely rule against such actions, Kjellander said during a panel discussion at a NARUC conference. Kjellander said he believes the ongoing debate over a Section 706 interpretation included in the U.S. Court of Appeals for the D.C. Circuit's decision in Verizon v. FCC could be "put to death" if Congress were to revise the Telecom Act.
SAN FRANCISCO -- NARUC’s Telecom Committee voted Monday for a resolution that would urge the FCC to allow utilities and other critical infrastructure industries equalized access to spectrum licenses for supervisory control and data acquisition and smart grid systems. The resolution would also urge the FCC to reconsider the “precedential effects” of the position it stated in a September order allowing a spectrum license transfer involving positive train control (PTC) to be processed without a hearing while denying a similar request involving a spectrum transfer to a group of utilities (see 1411140060). NARUC’s Gas Committee tabled the resolution Monday. The NARUC board will consider the resolution Tuesday, followed by a vote by all NARUC members Wednesday.
Top telecom issues set for discussion at NARUC’s annual meeting this week in San Francisco include states’ authority under Communications Act Section 706, 911 reliability, the USF contribution base and municipal broadband, NARUC members said in interviews.
National Institute of Standards and Technology officials said they're encouraged by sector-specific work that critical infrastructure industries are doing to adapt NIST’s Cybersecurity Framework. Adam Sedgewick, NIST senior information technology policy advisor, cited the communications sector’s work to adapt the NIST framework via FCC Communications Security, Reliability and Interoperability Council Working Group 4 as an example of a market driver in moving framework use forward. Industry groups’ adaptation of the framework was a major topic at NIST’s framework workshop in late October (see 1410300050), something that NIST officials found “very informative” as they decide how to proceed on any future work on the framework, said Matthew Scholl, NIST acting chief-Computer Security Division.
The New York Public Service Commission (PSC) said Wednesday that it’s delaying a decision on its review of the Comcast/Time Warner Cable (TWC) deal to allow “additional time to analyze and digest” issues related to the deal. The commission had been set to vote Thursday on Comcast/TWC and the associated Charter license swap, with the focus remaining on what public interest concessions the PSC might attach to its expected approval of the deal. The PSC said it had accepted a staff request to delay a final vote on the review “given the depth and breadth of the public record and the importance of the issues presented.” Parties in the New York PSC review have been engaged in an ongoing dispute over document confidentiality that had also been an issue at the FCC and with the California Public Utilities Commission (see 1410230045), though a PSC spokesman had previously expressed confidence the commission would move ahead with a vote.
The information and communications technology (ICT) sector doesn’t view the Republican takeover of the Senate and enlarged majority in the House as a result of Tuesday’s election (see 1411050043) as likely to change the overall chances of cybersecurity legislation passing during the upcoming lame-duck session, industry lawyers and lobbyists told us. Several major cybersecurity bills are awaiting full Senate action, but it remains unclear how Senate leadership will rank those bills among their priorities during the lame duck, lawyers and lobbyists said. Congress is set to reconvene Wednesday but the lame duck isn't expected substantially begin until December due to new member orientations, leadership elections and the Thanksgiving holiday.