NTIA cleared three more states, plus Puerto Rico, to start their challenge process in the broadband, equity, access and deployment program, the agency said in a weekly update to its progress dashboard. NTIA approved BEAD initial plan volume 1 for Nebraska, Nevada, Pennsylvania and Puerto Rico, making 15 states and territories total, the agency said Wednesday. NTIA approved the second volume for only one state, Louisiana, two months ago (see 2312150047).
The Ohio Public Utilities Commission revised retail telecom service rules as part of a five-year review. All four commissioners supported the Ohio PUC order Wednesday. Staff had proposed nonsubstantive changes clarifying language and updating cross-references (see 2311010060).
Businesses sought California Supreme Court review of a state appeals court’s Feb. 9 decision that the California Privacy Protection Agency (CPPA) may start enforcing California Privacy Rights Act (CPRA) regulations. The California Chamber of Commerce (CalChamber) on Tuesday filed a petition for review (case S283856). California’s 3rd District Court of Appeal had vacated the June decision of the California Superior Court in Sacramento, which had granted a CalChamber petition and stayed any CPPA rules for 12 months after they become final (see 2402090078). At the California Supreme Court, CalChamber argued that the appeals court ruling means businesses will have only one month to prepare for enforcement. “The Agency failed to adopt regulations necessary to implement the initiative by the statutory deadline, and it continues to repudiate the linked requirement … to abstain from commencing regulatory and civil enforcement until one year after issuance of those regulations,” the CalChamber petition said. “The Agency’s conduct threatens substantial harm to thousands of California businesses and the consumers they serve.” CalChamber CEO Jennifer Barrera said she sees “no way the voters envisioned a scenario where enforcement of regulations would begin without those regulations being in place for a reasonable period of time that affords both businesses and consumers with adequate time to prepare and comply.” The state privacy agency declined to comment Wednesday.
The Kentucky House approved a comprehensive privacy bill (HB-15) on a 92-0 vote Tuesday. It will go to the Senate. Also, that day the Colorado House voted 56-3 to send the Senate a bill amending the Colorado Privacy Act to add protections for biometric identifiers and data (HB-1130). In other consumer protection votes, the Maine Senate on Wednesday agreed with the House on passing HB-1932, which would require prorating of broadband bills after a user cancels service. The bill will go to Gov. Janet Mills (D). In Oregon, the Senate voted 25-5 for a consumer electronics right-to-repair bill (SB-1596). It will go to the House.
The Virginia House Commerce Committee cleared a Senate-passed bill on pole attachments (SB-713) in a 22-0 vote Tuesday. The committee earlier this month approved a similar House bill (HB-800) regulating how public utilities handle attachment requests (see 2402090062). SB-713 can now go to the full House. HB-800 is currently in the Senate Commerce Committee.
Don’t put AT&T’s petition for carrier of last resort (COLR) relief on ice, the company urged the California Public Utilities Commission in an ex-parte filing released Tuesday. AT&T officials met virtually Feb. 14 with aides to CPUC Commissioners John Reynolds and Darcie Houck, the carrier said in docket A.23-03-003. AT&T cited a CPUC email to parties indicating that the agency would postpone many deadlines in the proceeding to give more time to discover if any companies are interested in replacing AT&T as the COLR. AT&T argued that doing so “would be a waste of time and resources.” It “would be an about-face from the earlier decisions to allow the development of the evidentiary record and the process for notifying potential replacement COLRs to proceed in parallel,” the carrier said. Plus, there's no legal requirement for the commission to identify a replacement COLR or hold an auction to find one, it said. Even if the rules “were read to require a reverse auction, the Commission has express authority under Public Utilities Code [Section] 1708 to waive the requirement, which would be appropriate given that an auction would be futile.” Because the CPUC “has no established process to conduct an auction, it would have to develop the rules for an auction from scratch,” AT&T added. Plus, it’s “highly unlikely that any carriers would participate,” said the carrier. “With the increase in competition and the sharp decline in support from the High Cost Fund B over the past decade, it is even more unlikely that a carrier would be interested in becoming a COLR today.”
The Utah Public Service Commission officially noted an AT&T restructuring that will merge affiliate AT&T Corp. into the newly formed AT&T Enterprises. “The PSC acknowledges the Restructuring … and amends the [certificate of public convenience and necessity] to reflect the new business name,” said a PSC order Tuesday. AT&T sought South Carolina approval for the restructuring earlier this month (see 2402090041).
The California Public Utilities Commission delayed by four months its deadline to approve applications for California Advanced Services Fund (CASF) infrastructure support. Postponing the deadline to June 30 from Feb. 29 “will provide the time necessary to complete coordination with the Federal Funding Account (FFA) and enable the CPUC to award grants for reliable and affordable networks to communities that need it most,” Executive Director Rachel Peterson wrote in an email to the CASF service list Friday. On June 1, the CPUC received 74 applications seeking about $527 million from the CASF infrastructure account, exceeding the $32.8 million available for FY 2023-24, said Peterson. On Sept. 9, the CPUC received 484 FFA applications, with many projects overlapping those in the CASF infrastructure program. Expect the delay to affect the release of a state broadband map and the deadline for 2024 CASF infrastructure account applications, said Peterson. “After new funds have been authorized for the 2024/2025 fiscal year, the CPUC will provide an update on the timing for the Broadband Map and the 2024 CASF Infrastructure application deadline via an email to the CASF Service and Distribution Lists.”
An anti-robocalls bill made it through the Missouri House Innovation Committee on an 8-0 vote Tuesday. The approved bill (HB-2603) would add business subscribers to the no-call list and make caller ID spoofing a class E felony offense. Spoofed call recipients could recover $5,000 per call in damages under the bill.
The Arizona Senate narrowly passed a bill requiring age verification to protect minors from harmful content online. Senators voted 16-12 Monday to send SB-1125 to Arizona's House. The bill would require websites with pornographic content to verify that users are at least 18, including by comparing IP addresses with a blacklist. Parents could request that their kids be added to the blacklist; ISPs “shall not be under any obligation to confirm” that the requesting internet user “has a minor child,” it said. CTIA in a Jan. 29 letter opposed the bill as technically unworkable. The current bill “misunderstands how IP addresses are used within the internet ecosystem and their infeasibility for identification and age verification,” the wireless association wrote. IP addresses change over time and can be “easily overridden through widely available tools like proxy servers and virtual private networks,” it said. “SB 1125 would impose incredible burdens on ISPs to create an unviable blacklist framework. The regulatory onus should instead be on the content providers that knowingly create and distribute the harmful content to use viable commercial age assurance mechanisms." Also Monday, the Arizona House Appropriations Committee voted 12-0 for a kids' privacy bill (HB-2858) that would prohibit minors younger than 16 from using social media platforms without parental consent. In addition, it would prohibit users older than 18 from sending messages on social media to younger users.