The Association of National Advertisers condemned Maryland comptroller rules taking effect Monday to implement a digital ad state tax. The comptroller adopted the regulations Nov. 24. “This tax is unconstitutional, costly, and burdensome to the Maryland business community,” said ANA Senior Vice President-Government Relations Chris Oswald Tuesday. “Businesses deserve better than the vague definitions and the challenges that these regulations will create.” The tax is under litigation (see 2111220017).

The Oklahoma Corporation Commission should open a rulemaking on whether to require more public disclosure of state USF data filed by contributors, Oklahoma USF (OUSF) Administrator Brandy Wreath reported Monday. Federal laws on customer proprietary network information (CPNI) “may complicate how certain information may be disclosed to the Commission,” Wreath cautioned. In the possible rulemaking, “discrete data elements could be identified and considered based on such things as the value public disclosure could bring to the administration of the OUSF, the availability of the data, potential variances between or among the different types of Contributing Providers, and how to ensure that CPNI is protected.” Oklahoma Commissioner Bob Anthony has pushed for more OUSF transparency. The commission switched to connections-based USF contributions last month (see 2112010014).

Success for the federal infrastructure law’s $65 billion spend for broadband “will depend on implementation at the state and local level, including engaging community stakeholders and anchor institutions,” said an American Enterprise Institute paper released Friday. “There is an urgent need to improve federal and state capacity with implementing these programs, including collecting data, developing plans, engaging community stakeholders, prioritizing investments, and conducting outreach,” wrote Nonresident Senior Fellow John Bailey: Philanthropic support will be essential to ensure states and localities are prepared. States are planning for a key role distributing nearly $42.5 billion through the Broadband Equity, Access and Deployment program (see 2111240021).

A district court erred in concluding that a Kentucky 911 law conflicts with and is preempted by the 2018 federal Wireless Telecom Tax and Fee Collection Fairness Act, the 6th U.S. Circuit Court of Appeals ruled (in Pacer) Friday. The appeals court vacated U.S. District Court of Eastern Kentucky’s judgment, permanent injunction and attorney fees award in favor of CTIA. It affirmed the lower court’s partial dismissal of CTIA’s complaint. CTIA claimed the state law conflicted with the federal law by requiring Lifeline providers to remit 911 service charges for end users despite absence of a financial transaction, but the 6th Circuit said the law doesn’t “require Lifeline providers ‘to collect from, or remit on behalf of,’ a charge ‘imposed on’ an end user.” The court disagreed with appellant Kentucky 911 Services Board that CTIA lacked standing (see 2108190049). The case’s judges were Eugene Siler, Eric Clay and David McKeague. The 6th Circuit opinion wasn't recommended for publication. CTIA didn’t comment by our deadline.

The Oregon Public Utility Commission is seeking comment by Jan. 21 on making permanent its temporary increase of the Oregon Telephone Assistance Program (OTAP) subsidy. The PUC circulated the NPRM Thursday that commissioners ordered last month (see 2111160035) to the service list in docket AR-646. The commission temporarily increased OTAP support by $3 a month on July 28 for Sept. 1-Jan. 31 to offset reduction in federal support for voice-only services.

The Iowa Utilities Board set a Dec. 13 workshop on draft legislation to change statutory telecom rules, including an expansion of what telecommunications services and providers the board may regulate. The partially virtual event starts at noon CST, the IUB said Wednesday in docket NOI-2021-0002. CTIA raised concerns Oct. 29 that the draft bill is “a seemingly unprompted reversal of course” on prior decisions to deregulate wireless, “which could harm consumers and dissuade investment.” Proposed changes are “unnecessary, violate federal law, and are preempted,” AT&T warned. The carrier specifically opposed adding wireless and interconnected VoIP to the state definition of telecommunications service provider. Giving IUB broadband and wireless authority “raises legal and policy concerns,” Lumen said. The Office of Consumer Advocate supported a technology-neutral definition of regulated telecom services. “Customers may not be aware of, or even care, which type of technology is carrying their telephonic communications. The important concern for customers is that their calls are completed with good service quality.”

Cable and phone companies that attach equipment to poles sought rehearing of the California Public Utilities Commission’s Oct. 21 pole attachment data order. The unanimous CPUC order (D.20-07-004) required pole owners to include detailed information about electric and communications attachments (see 2110210054 and 2108230009). Compliance under the decision’s time frame is “unworkable,” said Charter Communications, Cox, Verizon and XO Communications Monday. Findings of fact and the record don’t support the two-phased time frame that gives 12 months for the first submission, they said: Attachers need at least 36 months for full compliance and want one phase only. The companies would support the commission requiring data to be submitted first in high fire-threat districts, they said.

The “sky’s the limit” on how many more broadband dollars California can get beyond a minimum $100 million the state is to receive under the recently enacted infrastructure law, Sen. Alex Padilla, D-Calif., said at a California Forward webinar Tuesday. The infrastructure law’s $65 billion for broadband includes $42.45 billion for NTIA grants to states under the Broadband Equity, Access and Deployment program (see 2111240021). President Joe Biden signed the law but not checks, said Padilla. To get its “fair share,” California must be “proactive” as NTIA defines programs to make sure projects and applications are ready, he said. California is “ahead of the game” because it already invested much money over many years, he said: The state knows well which areas remain unserved and underserved and about how much it will cost to bring them high speeds. How much money each state gets beyond $100 million is based on a formula in the law, and exact amounts won’t be known until FCC maps come out, possibly in early summer 2022, said NTIA acting Administrator Evelyn Remaley. NTIA plans listening sessions and to seek comments as it develops its notice of funding availability, she said. California is "ready and willing" to work with the federal government, said Assembly Majority Leader Eloise Gomez Reyes.

Michigan Gov. Gretchen Whitmer (D) directed state government bodies to collaborate with the legislature to prepare for the federal infrastructure law’s broadband funding, her office said Monday. The executive directive asked agencies to put Michigan workers and businesses first, apply dig-once policies, prioritize areas with the slowest speeds, develop a digital equity plan and work with local service providers to map internet coverage. “We are getting ready to deliver critical resources to communities across Michigan to help them enhance internet access and get their residents connected,” Whitmer said. “The new infrastructure bill’s funding will build on work we have already done in this space and help us usher in a new era of prosperity for our state.” Lt. Gov. Garlin Gilchrist (D) earlier told us the minimum $100 million for Michigan from the infrastructure law could be “transformational” as states plan for a key role in NTIA’s $42.5 billion Broadband Equity, Access and Deployment program (see 2111240021).

“Written order forthcoming” on whether a Texas social media law can take effect Thursday, said a description of a sealed minute entry Monday in case 1:21-cv-00840 at U.S. District Court in Austin. Judge Robert Pitman held oral argument, in-person only, Monday on NetChoice and the Computer and Communications Industry Association seeking preliminary injunction. The Texas law is “an overbroad, content-, speaker-, and viewpoint-based law compelling the global dissemination of speech by out-of-state platforms,” plaintiffs said in a reply brief posted Monday.