Montana and Tennessee passed comprehensive privacy bills Friday, becoming the third and fourth states this year to do so. The Montana Senate voted 50-0 to pass the House-amended SB-384 at a livestreamed floor session. The House passed the bill unanimously earlier this week (see 2304180031). SB-384 next needs a signature from Gov. Greg Gianforte (R). Montana’s bill is based on Connecticut’s law. Tennessee's privacy bill also passed the legislature Friday. The Senate voted 29-0 for the House version (HB-1181), which passed the other chamber unanimously earlier this month (see 2304110031). "Without this legislation, your data is an unregulated space," said Senate sponsor Bo Watson (R). The bill needs approval from Gov. Bill Lee (R). Iowa earlier signed a bill into law. An Indiana measure awaits gubernatorial approval (see 2304140050).
Telecom companies defended line-item fees on bills against consumer group criticism in reply comments last week at the California Public Utilities Commission (docket R.21-03-002). The Utility Reform Network in opening comments earlier this month questioned various provider fees, claiming they were discretionary (see 2304060038). AT&T replied Thursday that its charges are cost-based and clearly disclosed. There is no evidence that consumers mistake “provider charges and fees labeled as ‘regulatory’ or ‘administrative’ … as government fees or government impositions,” said Charter Communications. Comcast said “the fees and surcharges TURN identifies are appropriate and transparent to customers.” The California Broadband & Video Association urged the CPUC not to consider “TURN’s inaccurate statements describing providers’ non-telephone service charges and fees as deceptive or misleading.” Frontier Communications said consumer groups’ recommendations to “broadly prohibit provider-imposed charges other than those required by governmental entities … rely significantly on anecdotal evidence and hearsay from complaint allegations.” However, the CPUC’s independent Public Advocates Office urged the agency to reject companies’ arguments that they present consumers with enough information to understand bills. “Communications-related fees should be clearly disclosed to the customer with specific fee amounts, the purpose of the fee, and whether the fee is government mandated or provider-imposed disclosed to the customer in advertisements and bills at all stages of the initial purchase and over the life of the service contract,” PAO said: Other fees “should have clear disclosure and opt in/out procedures."
The California Assembly Communications Committee cleared amended bills including on video franchising, local broadband permits and low-income benefits at a webcast hearing Wednesday. Also, the committee unanimously passed a consent agenda including bills on 911 public education (AB-296) and grants for emergency communications on fairgrounds (AB-415). The committee voted 10-2 to send to the Appropriations Committee a bill (AB-41) aimed at tightening digital equity requirements in the state’s video franchise law. Sponsor Chris Holden (D), who chairs the Appropriations panel, said the 2006 Digital Infrastructure and Video Competition Act approach of self-regulation through competition failed to spread services to everyone within franchise areas. The California Broadband & Video Association thinks the proposed replacement, the Digital Equity in Video Franchising Act, would be “generally unfeasible,” said Legislative and Regulatory Advocacy Director Amanda Gualderama. The state cable association was joined by USTelecom in opposition. The Communications Committee voted 13-0 for AB-965, which would set a 60-day shot clock for local governments to decide broadband permit applications or have them deemed granted. It will go to the Local Government Committee next. Supporters included Crown Castle, CTIA, USTelecom and the Wireless Infrastructure Association. But the California Municipal Utilities Association raised concerns it duplicates previous rules including the FCC’s small-cells order. The Assembly panel voted 13-0 for AB-1231 to allow low-income consumers to stack benefits from California LifeLine, federal Lifeline and the affordable connectivity program. It goes next to Appropriations. "The bill is needed because the CPUC has prohibited Californian consumers from combining their California LifeLine and ACP benefits to maximize the amount of data they receive,” said TruConnect Chief Compliance Officer Danielle Perry, who is also a National Lifeline Association board member. The Utility Reform Network worries the bill doesn’t provide enough accountability on providers, said TURN lobbyist Ignacio Hernandez: Lawmakers should strengthen it or allow the CPUC to make rules. The commission already has an open proceeding on the issue, he noted. Supporting AB-1231, Communications Committee Chair Tasha Boerner Horvath (D) said she thinks the CPUC has overly restricted access for low-income people.
New Hampshire’s attorney general's office can’t effectively enforce a proposed privacy law without more resources, Consumer Protection and Antitrust Bureau Chief Brandon Garod said Wednesday. The state AG office doesn’t oppose the intent of SB-255, but even good consumer protection bills are "toothless" without enough manpower for enforcement, Garod told the state’s House Judiciary Committee at a livestreamed hearing, he said. “This bill has the potential to create an enormous amount of additional work for the bureau,” which may need another attorney investigator and paralegal to properly handle, he said. That’s “especially because ... the drafters have made the decision to eliminate the private right of action that is present in all other unfair and deceptive acts or practices cases that can currently be brought in the state.” Citing Garod’s concerns, Consumer Reports policy analyst Matt Schwartz suggested adding a private right of action and including additional appropriations for AG enforcement. The bill’s House co-sponsor Rep. Dave Luneau (D) noted his 2019 privacy bill, which passed the House but stalled in the Senate, contained a private right of action. Though SB-255 limits enforcement to the AG, it’s much more specific than the 2019 bill and sets strong standards including for clearer privacy notices, he said. Senate sponsor Sharon Carson (R) said her bill is a “meaningful first step” in providing privacy rights to consumers that’s modeled after Virginia, Colorado and Connecticut laws. Similar bills in Texas, Montana and Indiana are advancing, she said. Rep. Shaun Filiault (D), another co-sponsor, said the bill’s similarity to other laws is an asset. “We're not creating something new. We fortunately have the advantage of following in other states’ footsteps.” Microsoft Senior Director-Public Policy Ryan Harkins urged legislators to pass the bill. The committee is scheduled to vote on SB-255 May 3 at 9 a.m.
Colorado could soon excise its 18-year-old municipal broadband ban. With a 48-14 House vote Tuesday, SB-183 passed the legislature and will go to Gov. Jared Polis (D). State officials and Colorado’s U.S. senators rallied around an effort to connect 100% of the state’s population by 2027 at a partially virtual NTIA internet-for-all event Wednesday.
Fiber and wireless proponents faced off in comments this week on a California Public Utilities Commission rulemaking to develop state rules for distributing dollars from NTIA’s broadband, equity, access and deployment (BEAD) program (docket R.23-02-016). They disagreed on how high California should set its Extremely High Cost Per Location Threshold (EHCT), which will be used to determine what areas can get non-fiber broadband service. Commenters also debated how much the CPUC should add to requirements from the BEAD notice of funding opportunity (NOFO) and how much the state agency should rely on the FCC’s national map to determine what areas are served.
PHILADELPHIA -- Pennsylvania Gov. Josh Shapiro (D) challenged state enforcers Tuesday to collaboratively address privacy and social media issues, speaking at a National Association of Attorneys General meeting. North Carolina AG Josh Stein (D) asked an algorithms panel later for suggestions on what states can do amid a rise of AI chatbots like ChatGPT.
State and local coordination will be key to covering New Jersey with broadband, said government officials at the state’s internet-for-all workshop Monday. The New Jersey Board of Public Utilities (BPU) will be the "gatekeepers on where this money goes throughout the state, and if we don't work with them, that means some other states are getting our money,” said Piscataway Township Mayor Brian Wahler (D) at the partially virtual event. The New Jersey League of Municipalities past president stressed the need for a good relationship. “Work with the BPU for once,” he urged local governments. “They're not the enemy, they're actually going to be the saviors here to get the broadband to us.” BPU Broadband Director Valarry Bullard said “2023 is the year of planning,” which “requires a commitment from all industries.” High-speed internet is new to the BPU, acknowledged Chief of Staff Taryn Boland. "We've traditionally been focused on gas, electric, water, telco and cable, and now we are dipping our toes in the broadband water.” In its national role overseeing Infrastructure Investment and Jobs Act broadband funding, NTIA will be looking for state plans that show coordination with local governments, noted Administrator Alan Davidson in recorded remarks: "It is local community leaders ... who will know best how to solve this problem.”
Alaska USF’s last distribution would come in January under a tentative schedule presented Wednesday by the Alaska Universal Service Administrative Co. (AUSAC). The company could dissolve soon after, AUSAC Agent Keegan Bernier told commissioners at a livestreamed Regulatory Commission of Alaska (RCA) meeting. AUSAC is preparing for sunset of Alaska USF regulations June 30. The final AUSF remittance would happen in July. AUSAC would distribute $1 million that month and then $77,000 in January before the company wound down. Some are looking for options to renew AUSF before it ends (see 2304110015), but at Wednesday's meeting Commissioner Robert Pickett sounded pessimistic about saving the fund: "We've been told this program essentially is going to be terminated and there are no ... realistic options." Later in the meeting, Pickett predicted "a series of events in which rural LECs are going to have a difficult time and then it will become a political emergency" that could lead to a legislative response. The problem of keeping rural phone rates low "needs a different mechanism that makes sense," he added. Multiple commissioners said they struggled to see how they could classify the looming AUSF sunset as an emergency, a procedural move that would let them expedite making new rules. Chair Keith Kurber and Commissioner Bob Doyle said they first want to see comments due May 5 on repealing AUSF regulations.
The Texas Cable Association supports amending a bill about municipal broadband confidentiality to clarify it would cover one entity -- Greenville Electric Utility System -- rather than any municipal broadband provider, said TCA President Walt Baum at a Texas Senate Commerce Committee hearing livestreamed Tuesday. The panel weighed but didn’t vote on SB-983, which would allow the public utility to privately discuss competitive matters involving cable, internet or broadband service. The cable association was opposed to the bill until sponsor Sen. Angela Paxton (R) offered the clarification as a substitute amendment, said Baum. TCA remains concerned about cross-subsidization -- electric revenue supporting the telecom side of the business, said Baum. Lawmakers should further revise the bill to clarify that the utility may not keep private whether it’s keeping its books separate, he said.