The California Public Utilities Commission set a two-day evidentiary hearing April 9-10 on AT&T’s application to relinquish its eligible telecom carrier (ETC) designation across the state (docket A.23-03-002). The hearing starts at 10 a.m. PST each day, said Administrative Law Judge Thomas Glegola in a Friday ruling. Under the new schedule, AT&T remains required to file rebuttal testimony by Friday (see 2310200050). Opening briefs are due May 17, reply briefs June 7, said the ruling. The CPUC expects to post a proposed decision in September, it said.

State Commissioner Tyler Huebner will leave the Wisconsin Public Service Commission after the GOP-majority state Senate voted to reject his nomination, the PSC said Tuesday. In Wisconsin, a governor’s nominee can serve on the commission before receiving Senate confirmation. Gov. Tony Evers (D) appointed Huebner in March 2020 and reappointed him for a six-year term that began March 2021. “The decision by Senate Republicans to fire him today defies justification and logic,” Evers said Tuesday. Evers appointed Kristy Nieto, the PSC’s energy division administrator, to replace Huebner starting Feb. 2 for a term that expires March 1, 2025, the governor’s office said. In a statement, Huebner said, “I am moving forward, and I plan to build on my work at the Commission and throughout my career to tackle some of the big challenges of our times in a different capacity.” PSC Chairperson Rebecca Cameron Valcq also leaves the commission this month (see 2401110059).

Nevada, New Jersey and New York diverted about $205.4 million, or 5.3% of all 911 fee revenue, for unrelated purposes in 2022, an FCC report to Congress posted Tuesday found. The commission’s previous annual report found the same three states diverting about $198.5 million in 2021. The states used some of the revenue for public safety programs unrelated to 911; New York and New Jersey also used a portion for purposes unrelated to 911, the FCC said. Under the NET 911 Act, states must use 911 fee revenue for 911-related activities. The agency said 49 states, the District of Columbia and four territories responded to last year’s data request. Together they collected more than $3.5 billion in 2022 for 911. Idaho and the Northern Mariana Islands didn't report. New Jersey diverted 78.1% of $127.1 million collected, while fellow repeat offender New York diverted 41.7% of $254.4 million collected, said the report: It's unknown how much Nevada diverted from a $2.9 million pot. Nevada disclosed that at least two local jurisdictions diverted funding in 2022 for police body and vehicular cameras, the report said. “New Jersey and New York did not self-identify ... as diverting funds, but, consistent with previous reports, the Bureau has determined based on review of the information provided that these states diverted funds for non-911 related purposes within the meaning of the NET 911 Act.” In addition, the FCC said 44 states, D.C., Guam and Puerto Rico reported $512 million in total next-generation 911 spending in 2022. It said 37 states and jurisdictions reported having operating emergency services IP networks (ESInets). D.C., Puerto Rico and 47 states reported having text-to-911 by the end of 2022. Guam and the U.S. Virgin Islands expected to provide that capability in 2023, the report said. National Emergency Number Association CEO Brian Fontes said it's unfortunate and unacceptable that some states still see 911 revenue as a way to fund other programs. "Funds that the public pays specifically for 9-1-1 purposes should be used to ensure that 9-1-1 callers receive an effective emergency response." NENA urges states that divert funds to end the practice. Instead, they should use the money for maintaining 911 service levels and upgrading to NG-911, he said.

The California Privacy Protection Agency, the nation's first dedicated privacy regulator, has “many investigations underway,” Executive Director Ashkan Soltani said at a partially virtual CPPA board meeting Friday. Soltani estimated that the agency has received about 100 complaints from consumers since forming in 2021. The CPPA’s data broker registry is up and running after a 2023 bill transferred it to the agency from the California DOJ, Soltani said. Many have since registered and CPPA plans to publish a list of registrants in March, he said. Staff is preparing a proposed rulemaking package including cybersecurity risk assessments, automated decision-making technology for the next board meeting, said Soltani: Staff is incorporating feedback from board members after the Dec. 8 meeting (see 2312080064). In addition, staff is writing draft language and speaking with possible legislative authors for a potential bill that would require browser vendors to let users exercise their California privacy rights through a global opt-out signal, said Maureen Mahoney, deputy director-policy and legislation. “We’re confident that we have adequate resources to effectively sponsor the bill.” CPPA's board voted at last month’s meeting to advance the legislative proposal. The board considered a draft 2024-27 strategic plan with the mission statement: “Protect consumers’ privacy, ensure that businesses and consumers are well-informed about their rights and obligations, and vigorously enforce the law against businesses that violate consumers’ privacy rights.”

State video franchise holders must submit data to the California Public Utilities Commission, including on previous and existing customer service standards and “information about material breaches” of those standards, Administrative Law Judge Margery Melvin ruled Thursday. The CPUC needs the information for a rulemaking (docket R.23-04-006) to consider changes to video franchise requirements under the state’s Digital Infrastructure and Video Competition Act (DIVCA). The rulemaking responds to a 2021 law that revised DIVCA to require the commission to adopt video and broadband customer service requirements and adjudicate customer complaints (see 2311300030). Data is due Feb. 12.

The Vermont Community Broadband Board is seeking proposals from ISPs for a broadband, equity, access and deployment (BEAD) subrecipient support program, the VCCB said Thursday. The $1 million program provides needs-based grants that assist entities prepare a BEAD application. Applicants can receive $10,000 to $200,000 for activities including planning, analysis and outreach. Eligible entities include municipalities, cooperatives, utilities and for-profit and nonprofit entities. The VCCB said it will accept responses Jan. 29, Feb. 19 and March 18, or until all funds are exhausted or the board suspends the program.

California must ensure a permanent affordable broadband option for residents should the affordable connectivity program (ACP) run out of money, Assemblymember Lori Wilson (D) said during an Assembly Communications Committee meeting Wednesday. The committee voted 7-3 for Wilson’s AB-1588, despite concerns from some that the legislation could be stronger. The bill would allow the state to do business only with ISPs that have affordable plans costing at most $40 monthly for at least 25 Mbps download and 3 Mbps upload speeds. Assemblymember Mia Bonta (D) stressed that she will support the bill only if it’s amended to require at least 100/20 Mbps speeds. Wilson said she’s open to raising the floor to 100/20 Mbps and lowering the price ceiling to $30 if it helps pass the bill. Assemblymember Stephanie Nguyen (D) said she couldn’t support the bill because of worries about its unintended harms to low-income residents. Nguyen suggested waiting until April to see what happens with ACP. The California Emerging Technology Fund supported the bill, but USTelecom, CTIA, Wireless Infrastructure Association and the state cable association opposed it. “Attempting to rate regulate the industry ... does not resolve federal inactivity” to renew ACP, said Amanda Gualderama, California Broadband and Video Association legislative and regulatory director. USTelecom lobbyist Yolanda Benson noted that Congress earlier that day introduced a bill to fund ACP (see 2401100056). Broadband prices have declined without government invention, she said. Also, the committee voted 10-1 for a bill that discourages Californians from calling state agencies’ toll-free numbers. AB-1135 wouldn’t force agencies to decommission their 800 numbers but would require they advertise local area code numbers instead, said sponsor Assemblymember Josh Lowenthal (D). He said California spends $7 million annually for toll-free numbers, even though most residents have phone plans with unlimited minutes. The government pays only when someone uses the 800 number, so encouraging use of toll numbers would save cash, he said. Toll-free numbers remain important for those still relying on landlines, said The Utility Reform Network lobbyist Ignacio Hernandez. The consumer advocate is glad the bill wouldn’t get rid of toll-free numbers, but believes it should direct agencies to continue displaying them as an option.

Arizona House Democrats want broadband and VoIP regulated by the Arizona Corporation Commission. Democratic Reps. Stephanie Stahl Hamilton and Mariana Sandoval this week introduced HB-2345, while Analise Ortiz, Cesar Aguilar and 11 other House Democrats introduced the identical HB-2265. The bills would direct the commission to adopt necessary rules to oversee broadband and VoIP, including ensuring resiliency, reliability, quality and public safety. Republicans control both Arizona legislative chambers, though Gov. Katie Hobbs is a Democrat.

The New Jersey Board of Public Utilities voted 4-0 to clear a settlement resolving the board’s Altice service quality probe (docket CX21020139). At the livestreamed meeting Wednesday, commissioners also voted unanimously to authorize staff to submit New Jersey’s digital equity plan to NTIA by Friday. Altice had pledged to spend $11 million on its network and make other broadband adoption, network resiliency and customer service commitments (see 2312210077). “We really look forward to the improved service that we will see going forward with Altice,” said BPU President Christine Guhl-Sadovy. Staff recommended approving the “just and reasonable resolution” to the board’s investigation, said Cable and Telecommunications Director Lawanda Gilbert. The cable operator values its longtime relationship with New Jersey, an Altice spokesperson said. More broadband access is a big benefit of the deal for Altice customers, said New Jersey Division of Rate Counsel Director Brian Lipman: Continuing talks among Altice, the division, municipalities and the board "will ensure that the parties work together to provide [Altice's] customers with the broadband services they need."

The West Virginia Public Service Commission should “stand ready to entertain complaints" that ISPs may bring against FirstEnergy for possibly violating commission pole attachment rules, a recent Frontier Communications settlement (see 2306220022) and terms of recently filed amended joint use agreements, the state’s Economic Development Department said Monday. ISPs face problems attaching equipment to FirstEnergy poles amid an influx of federal cash for broadband deployment, the department wrote. “A significant hurdle in implementing most of these projects is developing prompt, orderly, and reasonably priced pole attachment arrangements with the owners of utility poles, which are most often electric utilities,” it said. The volume of pole attachment permit applications has increased due to available federal funding, said the department: As a result, FirstEnergy outsourced its permit review process to third-party engineers and changed its attachment requirements. “These changes have increased costs and turnaround time which have caused significant delays and have negatively impacted lSPs to meet federal funding project deadlines.” ISPs say FirstEnergy "requires pole replacements and pole additions where none is needed,” the department said. “FirstEnergy is imposing the entire cost of pole replacements on lSPs when this expense should be shared among pole users when the existing pole is inadequate or deteriorated.” Also, the utility charges triple what Frontier asks for pole replacements, “appears to be changing its requirements from application to application,” and seems to lack a standardized process, it said. A FirstEnergy spokesperson said the utility has seen a spike in pole attachment requests. It received 1,124 requests monthly on average in 2022, increasing to 2,629 monthly by July 2023, the spokesperson said. “Verifying that the engineering and work associated with broadband attachments meets … stringent safety standards is key to maintaining the integrity of our infrastructure."