There won’t be a patchwork of disparate state ISP privacy laws because lawmakers in 18 states with bills are coordinating, said Washington state Sen. Kevin Ranker (D) Thursday at a Senate Energy, Environment and Technology Committee hearing. The panel heard debate on Ranker’s SB-5919, which would counter congressional repeal of the FCC broadband privacy rules. Ranker said it’s "unconscionable that these rules were not adopted at the federal level, but it's one more example of why states matter.” Sen. Lisa Wellman (D) supported the bill but said she’s worried how different rules in different states might burden businesses. Ranker responded that bills should be similar because he’s coordinating with 17 other states basing language on repealed FCC rules. Industry witnesses opposed the bill. It’s too broadly written and will bring litigation and hurt the state economy, said Washington Technology Industry Association CEO Michael Schutzler. State rules aren’t needed because the FTC will reassert privacy jurisdiction after the FCC’s December net neutrality order takes effect, said CTIA Assistant Vice President Gerard Keegan. Sen. John McCoy (D) rejected arguments that the federal government is better suited to protect consumers than states: “The feds do not have the individual in mind.” Also Thursday, a Washington House committee scheduled a Jan. 18 hearing on that chamber's ISP privacy bill (HB-2200), two net neutrality bills (HB-2282, HB-2284) and a small-cells wireless bill (HB-2592). Democratic state lawmakers across the country are promising another run at ISP privacy rules this year (see 1801090054). Indiana Rep. Matt Pierce (D) Thursday introduced an ISP privacy bill (HB-1300).
A bill to revamp the South Carolina Public Service Commission (HB-4377) cleared the state’s House Judiciary Committee. The bill includes replacing the PSC’s seven commissioners, who recently faced ethics controversy. Lawmakers reportedly called for resignations after publication of The Post and Courier of Charleston's Dec. 31 expose alleging PSC members failed to disclose trips, meals and other perks. “We anticipate it being taken up on the House floor very early on in the session,” said the Sierra Club, which supports PSC overhaul. The Arizona Corporation Commission is separately mulling ethics rules (see 1801020017).
The California Public Utilities Commission directed utilities to implement emergency protection for customers affected by December wildfires in southern California. Commissioners voted 5-0 at their Thursday meeting to ask communications companies to refund customers for periods where they didn’t have service due to the fires, suspend de-enrollment for non-usage rules and delay the renewal process for affected California LifeLine participants (see 1712260011). Also, commissioners unanimously agreed to consent agenda items including an order tweaking California Teleconnect Fund eligibility rules and a resolution providing $40.5 million in California High Cost Fund-A support for 10 small ILECs in 2018.
The FCC’s December order rescinding Title II net neutrality protections supports Charter's case that the Minnesota Public Utilities Commission can’t regulate interconnected VoIP, Charter said Wednesday at the 8th U.S. Circuit Court of Appeals. The FCC reversed the 2015 order “cited extensively” by the PUC in its appeal a lower court’s ruling that VoIP is an information service, Charter said (in Pacer). The December order pre-empted states from public utility regulation of broadband internet services, Charter said. The FCC earlier filed an amicus brief saying Minnesota VoIP regulation would disrupt the market, stifle competition and hurt consumers (see 1711150018). Charter previously cited the December order in a separate lawsuit by the New York attorney general about broadband speed transparency (see 1801090053).
FirstNet needs just one more opt-in after announcing Wednesday that American Samoa Gov. Lolo Moliga (D) Wednesday joined 54 other governors opting in. That leaves the Northern Mariana Islands to decide on AT&T's radio-access-network plan. While 53 states and territories chose to opt in by the Dec. 28 deadline, the FCC gave Pacific territories until March 12. Guam said yes last week (see 1801050043).
The Nevada Public Utilities Commission agreed to open a rulemaking on aligning Nevada Administrative Code severe outage reporting rules with FCC rules taking effect Feb. 1 that will use OC3 minutes instead of DS3 minutes for a reporting threshold. A DS3 copper circuit has 45 Mbps data speeds while an OC3 fiber circuit is 155 Mbps. At a livestreamed Wednesday meeting, Nevada commissioners voted 3-0 for an order that partly grants a petition by CenturyLink, AT&T, Frontier Communications and the Nevada Telecommunications Association (see 1801040036). The order denied the companies’ request for waiver if the PUC can’t align the rules by Feb. 1 because there’s not yet a conflict between Nevada and FCC rules, said Commissioner Ann Pongracz. Petitioners should come back to the commission if they have problems after FCC rules are effective, she said.
Missouri and Rhode Island Democrats proposed net neutrality bills in response to the FCC rescinding 2015 Title II protections. Missouri state Rep. Mark Ellebracht (D) Tuesday introduced HB-1994, requiring broadband providers to disclose network management practices and banning them from blocking or impairing internet access, doing paid prioritization or unreasonably disadvantaging a user’s ability to choose internet content or an edge provider’s ability to provide content, a bill summary said. Violators would be subject to a $5,000 fine per violation, not to exceed $25,000 per day. Wednesday, Rhode Island state Rep. Brian Kennedy and four other Democrats introduced HB-7076, restricting state internet service contracts to companies that follow net neutrality rules. Democrats in many other states also are offering net neutrality bills this year (see 1712210034). Also, Missouri state Rep. Shawn Rhoads (R) introduced a new version (HB-1991) of his small-cells bill pre-empting local authority over wireless siting in the right of way (see 1801050033). It replaces HB-1948, an older version mistakenly filed last week, said Missouri Municipal League Deputy Director Richard Sheets.
Maryland should livestream sessions of the legislature as do most other states, Gov. Larry Hogan (R) said Tuesday, announcing a bill to require video and audio streams of legislative hearings and floor and voting sessions. Maryland's is one of seven state legislatures that don’t webcast.
Idaho aims to enhance and standardize state cybersecurity in 2018, Gov. Butch Otter (R) said in an annual State of the State address. “I am recommending a thorough assessment and centralization of scattered and disjointed information resources in the coming months,” Otter said. “The proposed changes are aimed at making Idaho a model for hardening our defenses while enhancing our ability [to] connect with citizens through social media and other online tools.”
Nashville doesn’t “anticipate pursuing an appeal” of a federal court decision that the city may not enforce its one-touch, make-ready ordinance, a spokesman for Mayor Megan Barry said Wednesday. After a November order supporting AT&T and Comcast lawsuits (see 1711270051), the U.S. District Court in Nashville on Friday issued a final judgment (in Pacer) and permanent injunction. “We hope that advancements in technology and construction methods for high-speed internet will address the problems intended to be solved through this legislation,” the Barry spokesman said.