Judges wrestled with whether to let state courts handle Altice’s challenge of New Jersey Board of Public Utilities cable prorating rules, at virtual oral argument Thursday in the 3rd U.S. Circuit Court of Appeals. On Cable Act preemption, judges were skeptical about Altice’s argument that the state can’t force it to prorate bills when customers end service early.
The New Jersey Board of Public Utilities unanimously supported two items involving a 2021 state law establishing a broadband study commission. At a webcast meeting Wednesday, the board voted 5-0 to issue a request for quotation to get bids for consulting services for the study group, which will be funded by the U.S. Treasury’s Capital Projects Fund. It voted 5-0 for a separate item ordering a broadband needs assessment. The COVID-19 pandemic showed parts of New Jersey lack access, which is “unacceptable,” said Board President Joseph Fiordaliso. “This is something that is vital to the education of our children and vital for those who are still not back in the office.”
A West Virginia pole access bill meant to speed broadband deployment cleared the Senate Economic Development Committee at a livestreamed hearing Wednesday. In unanimous voice votes, the panel adopted SB-231 and an amendment by Sen. Eric Tarr (R). Tarr’s amendment put the West Virginia Department of Economic Development instead of the Public Service Commission in charge of carrying out the proposed law. As amended, pole owners would inform the department within 30 days of making a pole ready for telecom facilities. The department would notify other broadband providers within 15 days, then providers would have 30 days to notify the owner they too would make use of the available pole space. Tarr sought to replace the PSC with the Economic Development Department because the commission doesn’t regulate broadband and so it has no ISP list. The department includes a broadband council that would have a list, he said. PSC Chairman Charlotte Lane testified it would be best to remove the PSC from the bill.
The Missouri House Utilities Committee weighed a broadband bill (HB-2052) that would set up a 12-year task force to evaluate the status of access, affordability and speed, monitor deployment and make recommendations. The bill recognizes broadband is a problem in rural, urban and suburban areas, said sponsor Rep. Louis Riggs (R) at a livestreamed hearing Wednesday. The proposed group would have at least 24 members, said Riggs, who chaired a special broadband committee over the summer. Utilities Chair Bill Kidd (R) said his concern about task forces are that they spend a lot of time and effort, “and in the end, nothing happens.” Riggs assured the chair that the task force will be accountable. Missouri Broadband Development Director BJ Tanksley, named to that position last week, said he sees the task force as a tool to get all the “voices into the room,” though it wouldn’t have decision-making power. If the group is formed, Tanksley would try to ensure it works toward concrete goals, he said. Supporting the bill, Missouri Municipal League Executive Director Richard Sheets said the group won’t “kick the can,” but instead will enhance coordination, which the broadband committee heard was a problem. AT&T supports the bill but is concerned the company won’t be adequately represented by a committee makeup allowing the only wireline member to be from a defunct Missouri telecom association, said Regional Vice President-External Affairs Madeline Romious. She suggested adding three broadband industry representatives. The bill also got support at the hearing from municipal utilities, electric cooperatives, small ISPs and farmers.
Maryland senators will convene a workgroup to hash out differences with opponents to a state privacy bill, they said at a livestreamed Senate Finance Committee hearing Wednesday. SB-11 sponsor Sen. Susan Lee (D) said Maryland shouldn’t model a bill on Virginia’s law and can’t wait for a national law. TechNet Executive Director-Northeast Chris Gilrein said Virginia’s law is best in the absence of congressional action.
A proposed Washington state data privacy commission got some support at a House Judiciary Committee hearing Tuesday. The panel heard testimony on a comprehensive privacy bill before a possible vote at a Friday meeting. The question of enforcement continued to divide witnesses Tuesday. In Delaware, a House panel unanimously cleared a data broker bill based on Vermont’s law.
A Florida Senate panel unanimously cleared two bills to set up a $500 million program to reimburse broadband ISPs for pole removal and replacement costs in unserved areas. The Florida Senate Commerce Committee supported two linked bills (SB-1800, SB-1802) backed by Charter Communications, at a livestreamed hearing Monday. The legislation would direct the state broadband office to administer the program, which would be funded with $100 million from the U.S. Treasury’s Capital Projects Fund and $400 million in state appropriations for FY 2022-2023. Some Democratic committee members said they want Florida to do more to address broadband adoption gaps. Earlier at the hearing, the committee voted 10-0 for SB-1564 to tweak a 2021 state robocall law. The panel amended the bill to mostly align it with HB-1095 in the House, which cleared a subcommittee last week (see 2201200041).
The Veterans Affairs Department is “encouraged” that California legislators are “considering the needs of Veterans and explicitly exempting VA telehealth applications from its zero rating restrictions,” a spokesperson emailed us Thursday. State Assembly Republicans proposed a bill last week to carve out veterans’ telehealth apps from the state’s net neutrality law (see 2201200057). After the open-internet law took effect last year, the VA talked with California officials and ISPs, the spokesperson said. A California DOJ spokesperson emailed, “We had conversations with the Department of Veterans Affairs when this issue arose.”
A California legislator urged a state broadband group to accelerate middle-mile work under the governor’s $6 billion broadband law. The California Middle Mile Advisory Committee revealed 18 pilot projects in November (see 2111170072). Remaining projects will be announced this spring, said Mark Monroe, deputy director, California Technology Department Broadband Middle-Mile Initiative, at a virtual committee meeting Friday. Assemblymember Jim Wood (D) sought a more specific time frame. If projects aren’t announced until June, it will be nearly a year since funding was announced, said Wood, saying he wouldn’t want to see uncommitted funding returned: "I don't want to see this golden opportunity turned to bronze.” Expect a more concrete plan by April, said Monroe.
State small-cells bill action is slowing in 2022, said wireless industry and local officials. With laws in 32 states and Puerto Rico to streamline 5G deployment by preempting local authority in the right of way (ROW), eyes have turned to New Jersey, which is trying again to pass a bill that missed the finish line last year amid local opposition. Idaho legislators could soon consider small-cell rules for state highways recommended by the state Transportation Department.