The U.S. Supreme Court distributed for the justices’ Nov. 15 conference a petition for writ of certiorari by ISP groups challenging the New York Affordable Broadband Act, said a text-only docket entry Wednesday (docket 24-161). In a reply brief the same day, the New York State Telecommunications Association and other telecom industry petitioners argued the court should take the case. Litigation has kept New York state from enforcing the 2021 law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households. Uncertainty over whether broadband is a Title I or Title II service under the Communications Act has complicated the case, with some arguing for delaying the New York case until the courts resolve that issue (see 2410160036). NYSTA and the other ISP groups argued that SCOTUS should take the case because it “presents questions of national importance … and requires review to remedy serious legal error.” If the high court has any doubts, it should ask the U.S. solicitor general to weigh in, they added.

NTIA approved more than $12 million in Digital Equity Act state digital equity capacity grant program funding to Minnesota Wednesday. The state plans to use the funding for launching a digital opportunity leaders network pilot program and exploring potential models for a program similar to the FCC's affordable connectivity program. "For the first time, every state in the nation has a digital equity plan in place to promote widespread adoption of high-speed internet services," said NTIA Administrator Alan Davidson: "Minnesota can now request access to the funds to put its digital equity plan into action." The agency also approved more than $9 million for Connecticut. That award "comes at a perfect time" to further the state's existing initiatives addressing the digital divide, said Gov. Ned Lamont (D): "We are grateful for this investment." Connecticut plans to use the funding to create an urban and rural digital navigator pilot program and build digital literacy and equity resources.

The Nebraska Public Service Commission will investigate service quality issues of price-cap telecom carriers in separate, company-specific proceedings, the PSC decided Tuesday. The commission voted 5-0 at a livestreamed meeting for an order closing a 3-year-old docket (C-5303) that had tried to investigate Lumen, Windstream and Frontier Communications in a single proceeding. The PSC said it remains concerned about reported service-quality issues including lengthy outages, deteriorating equipment, inadequate staffing and poor customer service. However, it found “the specific challenges and solutions needed to address those challenges are unique to each carrier.” The carriers weren’t sufficiently forthcoming in the combined docket, noted the PSC. “The Commission hopes that future efforts to improve service quality for Nebraskans are met with a cooperative spirit.”

NetChoice and the Computer & Communications Industry Association (CCIA) asked a federal court for a preliminary injunction of a Florida law that restricts kids’ access to social media and pornography websites. The groups filed the motion Tuesday at the U.S. District Court for Northern Florida, following up on a complaint they submitted Monday (see 2410280021). Granting the motion would stop the Florida law from taking effect Jan. 1. The court should rule on a preliminary injunction before that date because the law “will have a substantial impact upon the First Amendment rights of members of CCIA and NetChoice, and upon the rights of users of those members’ services,” wrote the plaintiffs, who also requested oral argument before a decision is made. The law requires parental consent before children ages 14 and 15 can use social media, while prohibiting parents from overriding a ban on children 13 and younger.

AT&T and Teleport Communications may abandon certain business local exchange services in the District of Columbia, the D.C. Public Service Commission decided Monday. The companies may abandon the services Jan. 30, said the PSC order. The companies applied Oct. 9 to discontinue ALS digital trunks and prime digital trunk services because they said no business customers subscribe to them. The companies said they would continue selling other business services in D.C. and didn’t plan to abandon their competitive local exchange carrier certificates, the PSC said.

The Texas Public Utility Commission should deregulate a Brightspeed exchange in Port Aransas, Texas, recommended PUC staff on Tuesday. The company has two voice competitors in the market of fewer than 100,000 people, staff reasoned in docket 56999. Brightspeed also seeks deregulation in two other Texas exchanges (see 2408280019).

Pennsylvania will reauthorize its call-before-you-dig law. On Tuesday, the state's House voted 196-6 to pass SB-1237. Then the Senate voted 50-0 to concur with House changes. At a hearing last month, Pennsylvania Public Utility Commission Chairman Stephen DeFrank supported reauthorizing the 811 law because of an expected influx of broadband work and other reasons (see 2409170004).

Hawaii is asking that residents become “digital detectives” and conduct internet speed tests on their PCs, through a government website, from Oct. 22 to Nov. 4, said Lt. Gov. Sylvia Luke (D). The state will use the results to create a statewide map “that will help to prioritize resources and improve connectivity for underserved areas,” Luke said Tuesday. The Hawaii Department of Education and public charter middle schools will offer prizes to encourage student participation. Residents may report the results of ISP or third party speed tests, like speedtest.net, the state said.

The Connecticut Public Utilities Regulatory Authority in an order Wednesday denied a Communications Workers of America petition challenging two pole-attachment orders from 2022. CWA claimed in an April 29 petition that PURA decisions from 2022 on one-touch, make ready and a single visit transfer (SVT) process for double poles, plus a policy working group’s actions, “improperly mandated that Frontier and other Connecticut telecommunications companies ‘use third-party non-union contractors for bargaining unit work, without notice to or negotiation with CWA Local 1298.’” However, CWA’s petition isn’t “the proper vehicle for challenging an administrative decision,” said PURA. “Given that declaratory rulings may not be used to obtain indirectly that which is not available directly, the Authority declines to issue a declaratory ruling as to the validity of the OTMR and SVT Decisions. Even if the decisions could be appealed, added PURA, CWA failed to meet the statutory deadline to challenge them. In addition, CWA failed to show that the policy working group’s actions “constitute unlawful interference by the Authority with CWA’s contract with Frontier,” the authority said. “Contrary to CWA’s assertions, contractors were not forced upon attachers.” PURA Chair Marissa Gillett and Commissioners Jack Betkoski and David Arconti signed the order (case 24-05-11). CWA may have "no choice but to sue PURA," emailed Camilo Duran, a Yale Law School student interning with the Worker and Immigrant Rights Advocacy Clinic. The clinic represents CWA Local 1298. Mandating third-party contractors "interferes with CWA's hard-fought collective bargaining agreement with Frontier, and is a threat to high-paying, stable union jobs in Connecticut," said Duran: Claiming that the requirement "is immune from review is an affront to democratic accountability and essential workers across the state."

South Carolina Gov. Henry McMaster (R) signed legislation that creates a criminal offense for unlawfully possessing a telecom device in state prison, the governor’s office said Tuesday. The state law covers devices including cellphones, handheld radios, pagers and laptops, as well as components of such devices. However, it allows the South Carolina Department of Corrections director to authorize an inmate to have a device. “The use of contraband cell phones and other communication devices to orchestrate crime both inside and outside of prison has been a serious threat that has had devastating consequences for innocent people across our state," said McMaster.