A Frontier Communications spokesman confirmed Wednesday that the Department of Commerce is investigating the telco’s use of $42 million in Broadband Technology Opportunities Program (BTOP) funds earmarked to build a fiber network in West Virginia. The West Virginia Gazette had reported that Commerce was investigating whether Frontier had falsified invoices and whether state officials had deliberately ignored problems. The state government reduced the project’s size from 915 miles of fiber to 675 miles, but Frontier still received the full $42 million in BTOP funds. Frontier has “cooperated with requests for information, including third-party audits of the BTOP project,” and “provided full reviews and complete reports about the build throughout the grant process,” a spokesman said. Frontier also addressed all of the issues raised in recent media reports and “will respond to each and every question that officials ask and provide them all of the information they seek,” he said. A spokeswoman for West Virginia Chief Technology Officer Gale Given confirmed that the state Office of Technology is gathering information that Commerce requested and will submit it by an Oct. 17 deadline. A spokesman for Commerce Inspector General Todd Zinser said it was the department’s policy to “neither confirm nor deny investigations."

Time Warner Cable said all of its customers in the Austin metropolitan area have access to its gigabit TWC Maxx service following months of network upgrades. TWC said it’s also continuing upgrades in New York and Los Angeles, the two other current target cities for the TWC Maxx services. An additional seven markets are set to launch in 2015, TWC said. The TWC Maxx also includes a larger on-demand library, all-digital lineup and a more advanced set-top box, the company said Tuesday (http://bit.ly/1s7BITG).

A CityNet dispute with Frontier Communications in West Virginia over Frontier’s business practices will go before an administrative law judge Jan. 27, the West Virginia Public Service Commission said Monday (http://bit.ly/1xXoBYM). CityNet had asked the PSC to investigate its claim that Frontier was impeding competition by not leasing unused portions of its fiber infrastructure in the state to competitors. The PSC referred the case last week to an administrative law judge, saying CityNet’s claims didn’t warrant a general commission investigation because the issue “is not a general issue affecting public utilities.” The PSC also suggested CityNet and Frontier use mediation to settle the dispute before it goes before an administrative law judge (http://bit.ly/1s4q1yp). The PSC set an Oct. 15 deadline for CityNet and Frontier to submit any mediation requests. If the parties choose not to pursue mediation, the dispute will go before an administrative law judge at 9 a.m. Jan. 27 at the PSC’s Charleston headquarters. The PSC is seeking a ruling in the case by April 3. Both CityNet and Frontier said the PSC’s decision was a positive development.

Metronet said it’s launching gigabit Internet service in 19 communities in central Indiana. The service is now available to Metronet’s residential customers within the city limits of all 19 communities: Connersville, Crawfordsville, Franklin, Greencastle, Huntington, Lafontaine, Lebanon, Madison, New Castle, North Manchester, North Vernon, Seymour, Vincennes, Wabash, Whiteland/New Whiteland, West Lafayette/Lafayette and Ulen. Indiana Lt. Gov. Sue Ellspermann (R) praised Metronet in a news release for launching gigabit service, saying “broadband connectivity is a critical issue facing many small towns and rural communities in our state.” Metronet said Thursday it also quadrupled Internet speeds for residential customers who subscribe to triple-play bundles (http://mwne.ws/1rATCz6).

Windstream said Lincoln, Nebraska, will be the first place it will deploy its new Kinetic next-generation TV service. The company said it will make the Kinetic service available to more than 50,000 homes in Lincoln beginning in the first half of 2015 and will deploy to “select Windstream communities” beginning in the second half of the year. The Kinetic service includes whole-home DVR and wireless set-top boxes, along with multiscreen viewing and on-demand programming, Windstream said Thursday. The company has a “strong” 15-year relationship with Lincoln that, “coupled with the local residents’ appreciation and desire for innovative technology, makes Lincoln the obvious choice for Kinetic’s inauguration,” said David Redmond, Windstream president-consumer services, in a news release (http://bit.ly/1r3Bd7S).

The California Public Utilities Commission delayed plans to reconsider whether to submit comments to the FCC supporting the federal body’s net neutrality Communications Act Title II NPRM after CPUC Commissioner Carla Peterman placed a hold Wednesday on the vote for “further review.” CPUC will now consider the possible FCC comments at its Oct. 16 meeting. The CPUC had planned to vote at its Thursday meeting on whether to submit comments to the FCC supporting reclassification of broadband as a Communications Act Title II service. Industry participants had predicted a delay was very possible because Peterman remained undecided on her vote (CD Oct 2 p12).

Correction: One of three proposals the Indiana Utility Regulatory Commission is considering for overlaying a new area code in the area now served by the 317 code would overlay the new code only in central Indianapolis and let customers outside that area continue using seven-digit dialing until new phone numbers in the 317 code are exhausted (CD Sept 26 p15).

Texas-based GVTC said it began offering gigabit Internet service to residential and business customers in metropolitan San Antonio, the Texas Hill Country and Gonzales who are connected to its fiber network. Gonzales and two San Antonio suburbs -- Boerne and Bulverde -- are partnering with GVTC to offer the gigabit service to “generate economic development and appeal to residents seeking access to faster Internet speeds, while enjoying the lifestyle of a smaller community,” GVTC said Monday. The partner cities “have a valuable asset they can use now to compete for the types of jobs that will help their communities grow and prosper,” said GVTC CEO Ritchie Sorrells in a news release (http://bit.ly/10fnhTb).

The New York Public Service Commission (PSC) should consider, in its review of Comcast’s planned buy of Time Warner Cable, whether the cable companies adequately serve the state’s Jewish community, said 15 Democratic members of the New York Legislature in a letter posted Monday. The two senators and 13 assembly members said they believe the companies have underserved the Jewish community because they provide The Jewish Channel, a New York-based Jewish news and public affairs cable channel, only on an a la carte basis. Comcast/TWC would represent “at least 75 percent of Jewish households, and perhaps as many as 90 percent or more” in the U.S., the legislators said. “We are concerned that allowing a single cable television provider to represent so much of the Jewish community would allow it to be unresponsive to the community’s needs, as it would face little competition from other providers” (http://bit.ly/10f2YVZ). A Comcast spokeswoman disputed the legislators’ claims, noting in part that post-merger “we'll reach a much smaller percentage of Jewish homes across the country than DirecTV or Dish do -- they reach almost 100 percent of Jewish homes.” The companies agreed to let the PSC delay its ruling on Comcast/TWC until the commission’s Nov. 13 meeting. The PSC will issue a final order based on that ruling by Nov. 19 under that agreement, Comcast and TWC said Friday (http://bit.ly/1uW4GV6). The PSC launched its review of Comcast/TWC in May and had originally anticipated it would take about four months to complete. The PSC review is being viewed as more stringent than most states’ reviews and is seen more likely to produce stronger public interest conditions (CD Aug 14 p5).

New Jersey smartphone kill switch legislation is likely to move forward in October when the state General Assembly could take up the bill, said Deputy Speaker Patrick Diegnan in an interview Friday. A3157 had the unanimous support of the Assembly Consumer Affairs Committee, said Diegnan, the Democratic committee vice chairman and a main sponsor of the bill. Democratic Deputy Majority Leader Thomas Giblin and Republican Assembly BettyLou DeCroce are the bill’s other primary sponsors, while Democratic Assemblymen Joseph Cryan and Benjie Wimberly are co-sponsors. A3157 mirrors California’s Smartphone Theft Prevention Act (SB-962), which passed in late August and takes effect July 1, Diegnan said. A3157 would prohibit retailers in New Jersey from selling smartphones that don’t include kill switch technology effective Jan. 1 and would require the technology to be opt-out, meaning a device’s owner would need to “affirmatively elect” to disable the technology rather than elect to enable it. Diegnan said he believes New Jersey needs to enact its own kill switch requirement even though supporters of SB-962 have said that bill’s enactment means its requirements are effectively a nationwide requirement because of the size of California’s market. “The No. 1 issue that’s going to be facing my kids and grandkids is privacy,” he said. “When we carry around our cellphones, we're really carrying access to data that could really be hurtful and potentially dangerous. To me, it’s technology that’s available and should be mandated.” Nevada and New York are also moving forward with legislation, though both states’ legislatures won’t take up those bills until reconvening early next year. Nevada Attorney General Catherine Cortez Masto, a Democrat, had been leading development of her state’s kill switch legislation, but it’s now in the hands of the state legislature, a spokeswoman said.