California’s Assembly Appropriations Committee approved broadband and privacy bills Wednesday. The committee voted 12-0 for AB-286, which would expand broadband mapping requirements. Under the bill by Assemblymember Jim Wood (D), the map would have to identify the broadband provider and maximum speed offered at every address in the state. The map would have to allow users to submit speed tests, say how much they pay for stand-alone or bundled broadband, identify and rate their ISP and disclose the maximum speed provided. Also, the bill would let a user identify barriers to access and refute the broadband speed or technology that the ISP claims to offer at an address. Also Wednesday, appropriators voted 14-0 for AB-947, which would add immigration and citizenship status to the California Consumer Protection Act’s definition of sensitive personal information. And the panel voted 12-2 for AB-1194, which would say businesses aren’t required to comply with government requests for emergency access to personal information on abortion, contraception, pregnancy and prenatal care.
The Texas Senate voted 20-0 to pass a comprehensive privacy bill Wednesday. The House earlier passed HB-4 but must vote again to concur with Senate amendments. The bill received industry kudos in the House for being compatible with Virginia and Connecticut laws (see 2304050018). Last week, Florida’s legislature passed a privacy bill (see 2305050048) and Indiana became the seventh state with a privacy law (see 2305030040).
Florida Gov. Ron DeSantis (R) supported banning TikTok at schools and requiring social media literacy education. DeSantis signed the bill (HB-379) Tuesday. The measure also requires district school boards to implement an internet filter to stop student devices from connecting to social media over district-owned server (see 2304190043). Meanwhile in Texas, the House voted 144-0 Tuesday to pass a bill (SB-1893) to ban TikTok on state government devices. The Senate passed it earlier, 31-0. Also, the House voted 132-12 to pass a broadband tax incentives bill (SB-1243). It previously passed the Senate in a 30-1 vote.
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.
Electronic Frontier Foundation Senior Legislative Counsel Ernesto Falcon said Monday he’s running for a California state Senate seat covering eastern suburbs of San Francisco and Oakland. Democratic incumbent Sen. Steve Glazer hasn’t said whether he plans to seek reelection. Falcon launched his campaign with a video that cited his commitment to “protect your privacy.” Falcon’s campaign website includes a platform outlining his tech and privacy policy positions, among them opposition “to Congress’s proposed ban on TikTok” and support for “personal ownership rights of digital goods.” He backs “the advancement of new technologies in California while ensuring that new developments empower people and not exploit them or worsen systemic injustices” and would “expand privacy rights to include financial privacy and give people more control over their personal information.”
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.
Maryland Gov. Wes Moore (D) signed a broadband tax incentives bill (HB-551) Monday. In Louisiana, the House Commerce Committee voted 11-0 for a bill (HB-603) to update Granting Unserved Municipalities Broadband Opportunities (GUMBO) grant rules. The committee substituted the bill with HB-653, which will be the bill number going forward.
The California Public Utilities Commission may consider grants for broadband public housing and tribal local agency technical assistance at its June 8 meeting, the agency said Friday. Draft resolution T-17791 would approve about $951,000 in California Advanced Services Fund support for 14 public housing infrastructure projects. Draft resolution T-17790 would award a technical assistance grant worth about $938,000 to Hoopa Valley Public Utilities District. Comments on each draft resolution are due May 25.
The New Mexico Public Regulation Commission is accepting applications for $14 million in broadband grants through the state rural universal service fund, the agency said Friday. Projects must support at least 25 Mbps download and 3 Mbps upload speeds. Expanding broadband to rural areas is important, said Commissioner James Ellison.