Connections-based USF contribution in Nebraska would be more stable than a revenue-based mechanism because “connections, regardless of technology or revenue trends, are essential for telecommunications,” Windstream replied Tuesday in Nebraska Public Service Commission docket NUSF-100. The company rejected Charter arguments from last week that the PSC shouldn't overhaul its contribution method based on unproven assumptions that revenue may decline forever and that the number of wireless connections will continue to grow (see 1709210038). A Nebraska group of rural independent phone companies rejected warnings by Charter and CTIA about the move to connections. “No amount of revisionist arguments … can change the fact that remittances to the NUSF have steadily and materially declined, or … that the only means to stabilize remittances generated by the current revenue-based mechanism is to increase the surcharge percentage," the rural carriers replied. The PSC is unwilling to increase the surcharge, so contribution must change to a connections-based mechanism, they said. Charter disagreed: “There are serious obstacles to implementing a connections-based approach successfully.” The PSC lacks authority because the FCC gives states authority only over intrastate revenue, and a connections-based mechanism “by its nature is unrelated to intrastate revenue,” the cable company said. Rural carriers want to switch to avoid a cap on revenue-based surcharge, Charter said: Rural carriers support “a new methodology so [rural carriers] can argue (in a later phase) for a larger fund.” Cox, which earlier outlined its terms for changing contribution methods, clarified that it never fully supported an overhaul. Cox said it asked the PSC "to make this change be as simple as possible, [but] it doesn't negate or lessen Cox's concern with Nebraska experimenting with the implementation of a new and untested methodology.” Business customers with many lines might bear an unreasonable burden under connections-based USF if the PSC uses FCC Form 477 data, which doesn’t adequately identify high-capacity facilities, replied the Association of TeleServices International.

The Pennsylvania General Assembly set a Oct. 19 hearing on FirstNet. At 9 a.m. in Harrisburg, it's by the Senate Communications and Technology Committee and the House and Senate committees on Veterans Affairs and Emergency Preparedness. Rivada plans to testify and will urge the state to opt out of the AT&T state plan and choose an alternative radio-access-network by Rivada, the company said in a Tuesday news release. FirstNet and AT&T plan to testify in support of opting in, a FirstNet spokeswoman said. Rivada said it offered to build an alternative network for Pennsylvania at no cost to the state, with first responder subscriptions starting at 1 cent monthly per user. Rivada would share network revenue with the state and use the money for network maintenance and upgrades, it said.

CompTIA raised privacy and security concerns about bills in Massachusetts, Tennessee and other states that would require electronics manufacturers to share information about hardware to product owners and repair shops. Massachusetts SB-96, in the Joint Consumer Protection Committee, would require manufacturers to “make available to independent repair facilities or owners of products manufactured by the manufacturer the same diagnostic and repair information, including repair technical updates, diagnostic software, service access passwords, updates and corrections to firmware, and related documentation, free of charge and in the same manner the manufacturer makes available to its authorized repair providers.” That could make consumers vulnerable to hacking, CompTIA said in a Tuesday news release. “The last thing a person wants is for a bad actor to get access to their personal information because a family, friend or co-worker compromised their devices by allowing an unauthorized repair shop to tinker,” said Liz Hyman, executive vice president-policy advocacy.

An Alabama commission recommended opting in to FirstNet, after reviewing the final state plan, an Alabama Law Enforcement Agency spokesman told us Tuesday. “The Alabama First Responder Wireless Commission has voted to recommend to the governor that Alabama accepts the plan and opt-in.” Alabama is one of several states that held a request for proposals on alternative radio-access-network plans (see 1708010068). Gov. Kay Ivey (R) -- whose office didn't comment -- must still formally opt in, the ALEA spokesman said. Not counting Alabama, 23 of 56 states and territories have opted in.

Tampa seeks “to run out the clock” on a CTIA lawsuit challenging the lawfulness of a city ordinance prohibiting wireless small-cells facility applications for 120 days, the group said Monday at U.S. District Court in Tampa. It urged the court to reject the city’s Sept. 18 motion (in Pacer) to dismiss the suit. The city disputed the complaint because it said the Telecom Act doesn’t apply to local governments acting in a proprietary capacity regarding their property. "Applications to rent City-owned poles for the placement of facilities may not be subject to the federal law at issue here,” CTIA responded (in Pacer). “But the same is not true of applications to place small wireless facilities on non-City property, like existing or new utility poles.” CTIA’s complaint “references multiple permit applications that the City’s own public records show were applications to place new utility poles, not to collocate on City-owned poles,” the association said. In June amid local opposition, Florida became the 10th state to enact small-cells legislation pre-empting local authority to manage rights of way (see 1706260042).

Mayors of five major California cities asked Gov. Jerry Brown (D) to veto small-cells legislation that seeks to promote 5G deployment by pre-empting local authority on wireless siting (see 1709150030). The letter was signed by the mayors of Los Angeles, San Francisco, Bakersfield, Oakland and San Jose. “This bill subsidizes the private sector with below-market rates for the usage of public assets paid for by city residents,” the mayors said. “Telecom carriers are estimated to make a 30-40 percent profit margin. Additionally, small cell deployment will lower costs by 12-57 percent for these carriers. The public should not further subsidize these businesses at the expense of fair compensation to the public.”

A judge in Boston struck down Newton, Massachusetts, drone-use restrictions on grounds they were pre-empted by federal law. U.S. District Judge William Young Thursday sided (in Pacer) with resident Michael Singer, an FAA-certified drone operator. Singer said local law and “operation limits” regulate an “almost exclusively federal area of law.” Congress gave the FAA “the responsibility of regulating the use of airspace for aircraft navigation and to protect individuals and property on the ground,” Young ruled. Congress “directed the FAA to integrate drones into the national airspace system,” and “in furtherance of this duty, the FAA has designated specific rules regarding the visual line of sight for pilotless aircraft operation,” Young said. Newton representatives didn’t comment Friday. Young cited an amicus brief (in Pacer) with CTA and the Association for Unmanned Vehicle Systems International opposing the local law. “As the court said, the FAA is the authority on drone rules," said Doug Johnson, CTA vice president-technology policy, in a Friday statement. "The federal government has exclusive jurisdiction over safety, flight altitudes, flight paths and no-fly zones.”

A Commerce Department rulemaking on 911 grant program rules “is an important step to "modernize antiquated 911 services,” Commerce Secretary Wilbur Ross said in a Thursday news release. “Next Generation 911 will save lives by being faster and more reliable, and by better connecting first responders to key health and government services.” Comments are due Nov. 6 on an NPRM published in Thursday's Federal Register (see 1709200043).

Hurricane Maria had “a catastrophic impact on Puerto Rico’s communications networks,” said FCC Chairman Ajit Pai in a statement Thursday. The agency is “proactively reaching out to communications providers in Puerto Rico to gather additional information about the situation on the ground and find out if there is anything that the Commission can do to assist with restoration efforts,” Pai said. The chairman tweeted: “Devastating news coming out of #PuertoRico after #HurricaneMaria; power knocked out, infrastructure destroyed.” Pai said in the release 95 percent of Puerto Rico’s cellsites are down. “Unfortunately, getting Puerto Rico’s communications networks up and running will be a challenging process, particularly given the power outages throughout the island,” Pai said. “The FCC stands ready to do whatever we can to help with this task.” The agency created a landing page for information about the storm. As of 11 a.m. EDT Thursday, both PSAPs in Puerto Rico are functioning normally, but in the U.S. Virgin Islands (USVI) one 911 call center each in St. Croix and St. Thomas is having problems caused by the storm, said a report from the FCC’s Disaster Information Reporting System. All counties in Puerto Rico have more than 75 percent of their cellsites out of service, and 48 out of the country’s 78 counties have all of their cellsites down, the DIRS report said. In the USVI, 77 percent of cellsites are down, 60 percent or more in each county. “Since there are widespread power outages in Puerto Rico and the U.S. Virgin Islands, the FCC has received reports that large percentages of consumers are without either cable services or wireline service,” the report said. Only one TV station has reported being out of service in the affected area, but no other broadcasters in the area have reported in to DIRS, the FCC said.

Pennsylvania gave Level 3 a $79 million contract to provide backbone network, high-speed internet and managed network security services for five years, said a company news release Wednesday. It previously provided other services.