The Nebraska Public Service Commission reviewed challenges to applications for federal Coronavirus Capital Projects Fund grants Tuesday. Commissioners voted 5-0 for the order in docket CPF-1 at a livestreamed meeting. The commission upheld two and denied four Windstream challenges to Allo Communications projects, while upholding three challenges by Allo to Windstream applications. The PSC upheld three of 10 challenges by Windstream and one by Zito Midwest to Nextlink Internet applications. The agency upheld three of five Windstream challenges, while denying one Nextlink challenge, to Pinpoint Communications projects. The PSC denied three challenges by Nextlink and one by Midstates Data to Lumen projects. It upheld one of three Windstream challenges to Charter Communications projects. The PSC upheld one Windstream challenge to a Vyve Broadband project and denied one Nextlink challenge to a Stealth Broadband application. Also, the PSC said one application by Cox, one by Windstream and six by Great Plains Communications were withdrawn or incomplete and therefore not eligible for funding. Also at the meeting, Nebraska PSC members voted 5-0 for an order to release a 2023 schedule and application materials for the Nebraska Broadband Bridge Program. Applications will be accepted June 16-26. The program provides up to $20 million annually for broadband networks with at least 100 Mbps symmetrical speeds.
A Delaware House panel advanced a privacy bill based on Connecticut’s comprehensive law. The Technology and Telecommunications Committee at Tuesday's livestreamed hearing voted 6-0, with two members absent, to send HB-154 by Chair Krista Griffith (D) to the Appropriations Committee. While supporting parts of the bill, industry and consumer groups recommended some changes.
A proposed Texas House constitutional amendment on creating a state broadband fund will go to the Senate floor, but senators are making changes that would require House agreement. The Senate Finance Committee voted unanimously at a livestreamed hearing Monday on substitutes to HJR-125 and on an accompanying bill (HB-9) that passed the House by wide margins last month (see 2304270056). Substitute text wasn’t immediately available Monday. Sen. Robert Nichols (R) supported the bills but said he wants to work with sponsors on adding language to require a local matching requirement. “People treat money better when they have a little skin in the game,” said Nichols, saying even a 10% local match would help. AT&T supports the proposal to create a "comprehensive funding mechanism that takes a holistic approach,” David Tate, retired vice president-legal affairs, testified at the hearing. State funding now is important, with Texas not due to receive federal money until 2025 from NTIA’s broadband, equity, access and deployment (BEAD) program, said Texas Cable Association President Walt Baum. But the Taxpayers Protection Alliance thinks making residents pay for a $5 billion fund is a “waste of money and fiscally irresponsible.” Texas 9-1-1 Alliance Chairman Chip VanSteenberg supports the bill including funding for next-generation 911. The existing 50-cent 911 surcharge on phone bills hasn’t kept up with rising costs, he said.
The California Privacy Protection Agency is bracing for the imminent introduction of an “even less privacy-protective” U.S. privacy bill than the version it opposed last year, said Maureen Mahoney, deputy director-policy and legislation, at a CPPA board virtual meeting Monday. The board also received updates on advancing California bills, an agency strategic plan and next steps for its 2020 California Privacy Rights Act (CPRA) rulemaking.
Tennessee is the eighth state with a consumer privacy law. Gov. Bill Lee (R) signed the comprehensive bill HB-1181/SB-73 Thursday. The state House and Senate passed it unanimously last month (see 2304210060). The Computer and Communications Industry Association (CCIA) praised the bill Friday. Consumer Reports sees room for improvement.
New Jersey lawmakers merged two data broker bills at a livestreamed hearing Thursday. The Assembly Science, Innovation and Technology Committee voted unanimously to advance a committee substitute that combines A-4811 and A-5254 and would require a state data broker registry. A-4811 sponsor Assemblymember William Moen (D) will sponsor the combined bill, said his legislative director, Kyle Hanson. That there were two bills on the same subject shows it’s “crucial” to act, Moen told the committee: He pledged to work with stakeholders on the bill over “the next few months.”
Commissioners supported cutting in half the Texas USF surcharge, unanimously without discussion, at a livestreamed Texas Public Utility Commission meeting Thursday. The monthly TUSF fee will drop to 12% from 24% of intrastate telecom revenue on July 1, which is when the commission expects to complete arrearage and interest payments to rural local exchange carriers that it underpaid (see 2305040026). Texas RLEC groups sounded optimistic Thursday they would be repaid.
The Maryland Supreme Court overturned a lower court’s ruling that the state’s digital ad tax is unconstitutional. In a four-page order Tuesday, the court agreed with the state that the Circuit Court for Anne Arundel County lacked jurisdiction because plaintiffs Comcast and Verizon failed to exhaust all their administrative remedies. The Supreme Court vacated the lower court’s March 14, 2022, order denying the state’s motion to dismiss, an Oct. 21 order partly granting the ISPs’ motion for summary judgment and denying the state’s motion, and the Nov. 18 final declaratory judgment. The state high court remanded the action to the circuit court with directions to dismiss. Writing the order, Chief Justice Matthew Fader said a majority of the court concurred and a forthcoming opinion will explain reasons for the decision. The Maryland Supreme Court decided the case just days after questioning parties on the administrative remedy issue at oral argument (see 2305050044). In a statement, Maryland Attorney General Anthony Brown (D) applauded the court “for acting quickly because the revenues generated by this tax will help us provide our children the best education possible for success.”
Reject incumbent ISPs’ “self-serving recommendations” for California rules on broadband, equity, access and deployment (BEAD) program funding, urged Center for Accessible Technology (CforAT). The California Public Utilities Commission received reply comments Monday in its BEAD rulemaking (docket R.23-02-016). Incumbents submitted ideas in opening comments (see 2304180075) that “would only serve to entrench these incumbents’ existing market power and would artificially exclude support for more qualified applicants that are more responsive to the communities they serve,” said CforAT. But BEAD isn't "a government handout to convince incumbents to provide broadband to unserved and underserved communities while reaping the highest possible profits and providing the fewest possible community benefits,” the consumer advocate said. The California Broadband and Video Association countered that the CPUC should reject proposals that exceed Congress’ and NTIA’s guidance. Don't direct funding toward overbuilding or "ignore commercial providers’ expertise in deploying and operating broadband networks in favor of applicants that lack such experience,” the state cable group said. GeoLinks chafed at CforAT and the Electronic Frontier Foundation implying in their opening comments that non-fiber technologies are inferior. NTIA has been clear that multiple technologies can provide reliable service, including wireless, said the CLEC: Don't set the extremely high cost per location threshold (EHCT) "so high as to risk a handful of fiber projects in extremely hard-to-build areas gobbling up most" BEAD funding. The wireless industry continued to urge the CPUC not to preclude fixed wireless. "There is no meaningful downside risk of setting the EHCT ‘too low’ because the Commission retains complete flexibility to prioritize and select broadband projects based on whatever factors it deems appropriate, including speed, capacity, cost, and time to deploy,” said CTIA. Wireless costs less and deploys faster, the Wireless ISP Association wrote. Fiber doesn’t cost more in the long term, disagreed Communications Workers of America. "Although fixed wireless has a lower upfront capital cost, costs are comparable over 30 years because of higher ongoing costs, for example equipment replacement," CWA said. The Corporation for Education Network Initiatives in California suggested the CPUC wait to set the threshold until NTIA announces California's BEAD allocation.
A District of Columbia Council committee supported confirming Heather McGaffin to direct the Office of Unified Communications. The Judiciary and Public Safety Committee voted 3-0, with Councilmember Christina Henderson (I) voting present, at a livestreamed meeting Tuesday. Committee members said the current OUC deputy director is well-qualified, but they want improvements at the 911 center, where recent audits found problems with incorrect addresses, miscommunication and dispatching delays (see 2303230070 and 2303150071). "OUC has struggled to provide reliable and quality service to residents for over a decade,” said Chairperson Brooke Pinto (D). “Reports of agency mismanagement and struggling performance have raised concerns with the public and create a somewhat strained relationship with” fire and police departments. The committee received more reports about overly long wait times calling 911 in the past few weeks, she added. OUC workers are "counting on the next director to act with urgency to provide staff with the training, support and structure that they need to be successful.” Councilmember Charles Allen (D) wants OUC to release “an actual action plan” with specific and “measurable steps” for implementing audit recommendations, he said. Also, Allen wants “a stronger and more proactive relationship with Council,” including monthly reports to the committee on call-taking and dispatching metrics, he said. Allen noted he remains concerned about problems including unanswered calls, blown addresses and lengthy hold and dispatch times. Councilmember Anita Bonds (D) joined Pinto and Allen in voting yes. A comprehensive plan is “sorely needed,” said Bonds, noting frequent concerns from constituents about dispatches to incorrect addresses. McGaffin has a “bold vision,” but Henderson said she voted present because she’s still waiting for sooner after-action reports and more comprehensive updates about investigations and specific incidents. Henderson said she wants that addressed before the full D.C. Council votes on confirmation. Mayor Muriel Bowser (D) nominated McGaffin in February.