The California Public Utilities Commission agreed to extend until April 23 its deadline to implement federal Lifeline eligibility rules. Commissioners voted unanimously Thursday at a livestreamed open meeting. The CPUC got its extension (see 1709190014) from the FCC. A Wednesday FCC Wireline Bureau order in docket 11-42 gave CPUC until April 30 to align state LifeLine eligibility rules with the FCC rules. The original deadline was Oct. 31 and CPUC asked for Dec. 31 next year, but the bureau decided that was too long. “Rendering California’s eligibility process unusable could create significant burdens and inefficiency, and would undermine the state’s investment in a reliable third-party verification process,” the bureau said. “Potential harm that could result from failing to extend the Bureau’s previously-granted waiver for California outweighs the desire to bring about these eligibility changes sooner.” The extension will have “minimal financial impact on the Fund,” it said. If California doesn’t update processes by the deadline, eligible telecom carriers “will be responsible for ensuring that subscribers enrolled or recertified after that date are eligible under the Commission’s revised eligibility criteria,” the bureau said.

The Texas Public Utility Commission lost authority over wireless network nodes in the right of way when the state’s small-cells law took effect Sept. 1, commissioners agreed Thursday at their livestreamed meeting. Commissioners didn’t have a draft declaratory order, but discussed a chairman’s memo with that finding. Staff said commissioners would vote an order at the Nov. 17 PUC meeting. The small-cells law established a new Chapter 284 in Texas Local Government Code, but cities disagreed with ExteNet and Crown Castle about whether it replaced the older Chapter 283. After the law’s author agreed with cities that Chapter 284 governs, Crown Castle said it would adhere to the new law (see 1710120029), and Wednesday, the company formally withdrew its complaint. “The Commission does not have authority under chapter 284 of the Texas Local Government Code,” PUC Chairman DeAnn Walker wrote. The new state law “established a comprehensive and pervasive regulatory scheme intended to exclusively address network providers' access to municipal rights of way for network nodes, node-support poles, or transport facilities," she said. Commissioners Brandy Marquez and Kenneth Anderson concurred. Also, the PUC granted Crown Castle’s request to dismiss the company’s complaint against Dallas. “Implementation of Section 284 has impacted the issues raised in Crown Castle's complaint, and the parties' contentions now before the ALJ [administrative law judge],” the company said. “Crown Castle anticipates the Commission's ruling … will resolve the outstanding issues.” ExteNet is reviewing the memo and "possible courses of action," emailed General Counsel Anthony Lehv.

The 8th U.S. Circuit Court of Appeals extended to Nov. 13 the deadline for the Minnesota Public Utilities Commission to file a reply brief in its fight with Charter over VoIP classification, said a Tuesday clerk order (in Pacer). The PUC asked for the extension. The cable operator this week urged the 8th Circuit to uphold a district court’s ruling that VoIP is an information service not subject to state regulation (see 1710230043).

A Wisconsin Senate committee voted 4-1 Tuesday to pass small-cells legislation. The Elections and Utilities Committee supported the effectively identical AB-348 and SB-425 after the municipal league withdrew its opposition to the bills that would pre-empt local wireless siting authority (see 1710240053). The Assembly previously passed AB-348. Wisconsin Rep. Mike Kuglitsch (R), who authored AB-348, wants a Nov. 9 Senate vote, Kuglitsch Chief of Staff Garrett Huffman told us. If the Senate passes the bill, the Assembly would have to concur with amendments before it goes to the governor's desk, the aide said. In Illinois, lawmakers Tuesday extended the final action deadline for a similar small-cells bill (SB-1451) to Nov. 10.

The Regulatory Commission of Alaska plans to vote on a short-term fix to Alaska USF and debate more comprehensive USF reform at the commissioners’ Nov. 8 meeting, Commissioner Robert Pickett said at the RCA’s Wednesday meeting. The short-term fix addresses what to do in a shortage situation. On broader changes, Pickett said the existing structure "just does not fit the realities on the ground," but commissioners “have a wide range of opinions” on what to do. Commissioner Rebecca Pauli said she doesn’t know the right approach, but doing nothing isn't an option. The commission should set a date to terminate AUSF and come up with a replacement, Pauli said. Declining Alaska USF revenue led to the RCA proposing a Jan. 1 increase of the AUSF surcharge factor to 15.8 percent (see 1710040011).

The Vermont Department of Public Service scheduled public meetings to develop a 10-year telecom plan for the state, DPS announced Monday. The meetings are Oct. 25 in Montpelier, Nov. 1 in East Dover and Nov. 8 in St. Johnsbury.

NTIA instructions for FirstNet opt-out notices for states declining AT&T state plans were released in a document to be published in Wednesday's Federal Register. Governors have until Dec. 28 to opt out.

The Utah Public Service Commission declined to delay implementation of a monthly state USF surcharge of 36 cents per access line for prepaid wireless providers, said a Tuesday notice of proposed rule (NPR). Responding to comments on connections-based USF assessment that starts Jan. 1 (see 1709060036), the commission also declined to exempt access lines that receive Lifeline subsidies from the Utah USF surcharge. Proposed rule changes “address consistency with federal law, clarify obligations to providers of prepaid wireless service, modify language under which a provider may (or may choose not to) pass on the surcharge to end-users, and streamline the exemption process by making it a process for providers instead of for end-users,” the PSC said. The commission said it plans to publish the NPR in the Nov. 15 Utah State Bulletin.

Missouri law prevents using state USF for broadband-only service, carriers commented Monday in case TW-2017-0078 on Public Service Commission-proposed USF revisions. The PSC proposed supporting broadband in the state’s low-income program and establishing a high-cost fund for broadband in underserved areas (see 1710230048). “Absent the General Assembly adopting legislation authorizing expenditure of MoUSF funds to support broadband, the Commission may not adopt Staff’s proposed 4 CSR 240-31.010(5), which violates both Missouri law and EO 17-03,” Verizon commented. Proposals to expand support to broadband “greatly exceed the scope” of the governor’s mandate to streamline commission rules, AT&T said. The Missouri Cable Telecommunications Association concurred: "Issues raised by expanding the Missouri USF to support retail broadband service and funding the build out of retail broadband service to underserved areas are complicated and controversial, and should not be included in an effort to streamline and simplify the rules,” it commented. The agency's legal department decided existing law allows the proposed expansion of the Lifeline program to wireline but not wireless broadband services, PSC Staff Director Natelle Dietrich told us.

Wireless industry groups said they remain committed to streamlining 5G small-cells deployment, even though California Gov. Jerry Brown (D) vetoed a state bill for that purpose (see 1710170026). Small cells will bring social and economic benefits, said Small Cell Forum, 5G Americas and the Telecommunications Industry Association in a Monday news release.