Adam Bender

Nebraska must close the “spigot” and stop using state USF to support old telecom networks that provide internet speeds slower than 100 Mbps symmetrical, said Sen. Bruce Bostelman (R) at the legislature’s Telecommunications Committee hearing Monday. Bostelman’s LB-1031 would end Nebraska USF support for maintaining slower networks starting July 1, 2025. In 2021, Nebraska made 100 Mbps symmetrical the standard for new projects but continued allowing funding for operating existing networks with at least 25 Mbps download and 3 Mbps upload speeds, said Bostelman: Three years later, there’s no reason to give telcos more time to replace copper networks with fiber. LB-1031 would slow Consolidated Communications' broadband deployment by funding only areas with 100% fiber, said Brian Thompson, vice president-external relations. The panel continued to hear testimony on LB-1031 after our deadline. Earlier in the hearing, Nebraska Broadband Director Patrick Haggerty told state lawmakers that his office hopes to hear “at least a verbal approval” from NTIA this week on volume one of its initial proposal for the broadband, equity, access and deployment (BEAD) program. The state broadband office resubmitted volume 1 Friday with changes recommended by NTIA, said Haggerty: Nebraska can begin its challenge process once NTIA clears that volume.

It’s time that Maine rate centers combine, Consolidated Communications said in comments Friday at the Maine Public Utilities Commission. The PUC received comments in docket 2023-00009 about next steps on a proposal that would save the state’s 207 area code from number exhaustion by combining Consolidated's multiple rate centers into one (see 2309220060). Stop treating Consolidated like "a petitioner trying to seek relief,” the company said as other parties requested additional information about the plan. Consolidated said it "has been treated as though it bears the burden of proving that the proposal to help preserve the area code is in the public good, while the truth is the Commission has already made that determination." Other parties seek more detail despite offering no "concrete reason why it is problematic," said the telco: Consolidated lacks additional information and “cannot continue to spend time and resources on a project that was initiated to assist the Commission and the state and that is not a corporate priority.” Comcast sought an updated timeline with more detail on "required steps during the final implementation stage.” The PUC should seek input from the North American numbering plan administrator, it added. The Telecommunications Association of Maine requested direct talks between its members and Consolidated "to discuss the implementation, changes and concerns associated with the contemplated rate center consolidation.” Maine’s Office of the Public Advocate asked the PUC to make Consolidated file “a quantitative description of costs including possible operational efficiencies and long-term operational cost savings, and how Consolidated would plan to recover the costs for the work."

Consumer and industry advocates sounded alarms late last week over a proposed California ballot initiative that would make social media companies liable for up to $1 million in damages for each child their platform injures. Courts would likely find that Common Sense CEO James Steyer’s December proposal violates the First Amendment and Section 230 of the Communications Decency Act, said comments California DOJ forwarded to us Friday. For example, “Initiative 23-0035 is a misguided and unconstitutional proposal that will restrict all Californians’ access to online information,” the Electronic Frontier Foundation (EFF) said.

Passing a data broker registration bill would help Washington state better understand the industry's scope, Rep. Shelley Kloba (D) said Friday as the state’s House Consumer Protection Committee heard testimony on Kloba’s HB-2277 during a livestreamed hearing. The bill would require data brokers to register with the state. Submitted information would appear on a public website. Brokers are selling data that people generate during daily activities online, through connected devices and while driving cars, said Kloba: It often happens without a person’s permission. The committee also mulled multiple AI bills, including HB-1934, which would establish an AI task force and HB-1951, which attempts to prevent algorithmic discrimination. "Sometimes we have to put guardrails around things to protect people's civil liberties and to keep people safe,” said HB-1934 sponsor Rep. Travis Couture (R). Rep. Clyde Shavers (D) said his HB-1951 is an “incremental first step to make sure that the use of artificial intelligence helps, not harms us."

Kansas Rep. Kyle Hoffman (R) would hesitate to scrap a recurring state 911 audit if the legislature doesn’t pass his forthcoming bill to move the Kansas 911 Coordinating Council to a state agency, he said at a livestreamed House Commerce Committee hearing Thursday. The committee heard testimony on HB-2483, which would eliminate a five-year audit by the Kansas Legislative Division of Post Audit that checks if public safety answering points are appropriately using 911 funding, whether they have enough money, and the status of 911 service implementation (see 2401030019). An audit could still be requested, but the bill would stop automatically requiring audits that are “somewhat boring for the most part,” said Chair Sean Tarwater (R). Committee member Hoffman responded that auditing is useful to the Kansas 911 Coordinating Council where he serves. However, Hoffman plans to propose a bill next week, probably with a Democratic co-sponsor, "that will be moving the 911 Coordinating Council to a fee-funded state agency, which would then negate the reasoning for the 5-year audit,” he said. "I would be a little bit hesitant to totally get rid of the audit if we don't move it to a state agency because that is one of the only real lookbacks that we have as a legislature to really look at what they're doing.” Kansas Legislative Post Auditor Chris Clarke testified that her division usually receives more requests for audits than it has capacity to perform.

State agencies urged the Minnesota Public Utilities Commission to hold Lumen’s CenturyLink accountable for alleged service quality failures. But Lumen said the PUC should halt further action in the nearly 4-year-old probe (see 2301050068). The PUC received briefs Wednesday in docket C-20-432. “Despite CenturyLink’s obligations to deliver adequate service, the company’s unwillingness to sufficiently maintain its aging network means that an increasing number of customers are forced to endure lengthy and repeated outages, or buzzing, ringing, or static that renders their landline service useless,” the Minnesota Commerce Department said. “These customers cannot be treated as mere datapoints to be averaged or annualized away.” Rather than proactively rehabilitate its network, CenturyLink fixes individual problems; even then, the company is slow, the department said. The PUC should order Lumen to "rehabilitate deficient plant and equipment serving the most harmed customers and prevent future backlogs through better preventative maintenance of its aging legacy copper network.” Similarly, the Minnesota attorney general office’s Residential Utility Division urged PUC action. For many years, CenturyLink customers have complained about "long wait times, excessive outages, and decaying infrastructure that erodes their service quality and pollutes the local landscape,” the division said. “Technicians too report equipment in disrepair and orders from management to avoid costly replacements even when they are needed; they note CenturyLink has hollowed out the local workforce needed to repair and maintain copper wire landline telephone systems.” The telco “simply will not help them, having unofficially abandoned wireline customers to focus on customers and communities that offer the company a greater potential for profit,” it said. Lumen argued there is nothing for the PUC to do. Nearly four years since the investigation began, "the record is clear -- CenturyLink provides safe, reasonable and adequate voice service to its Minnesota customers, in compliance with Minnesota law."

A pair of South Carolina age-verification bills will advance to the full House Judiciary Committee, which is scheduled to meet Tuesday. During a livestreamed meeting Thursday, the Constitutional Laws Subcommittee unanimously greenlit H-4700, which would require parental consent for minors younger than 18 to access social media, and H-3424, meant to keep kids off pornographic websites. The committee approved amendments to both bills by voice vote. House Judiciary Committee Chairman Weston Newton (R) revised his social media bill to be more like Louisiana’s similar law, he said. It was originally akin to a law in Utah, which faces an industry lawsuit (see 2312180054). The amended H-4700 requires social websites make commercially reasonable efforts to verify the age of South Carolina account holders and restrict anyone younger than 18 from having accounts unless they get parental consent. While tasking the state attorney general with enforcement, the amended bill continues to include a private right of action like Utah's does, said Newton. And the bill now requires online safety education for grades six through 12. Legislators should provide more support for parents and try to curb social media companies’ incentives to exploit children, said Casey Mock, Center for Humane Technology chief policy and public affairs officer. Social media companies made $11 billion in revenue from U.S. kids 18 and younger in 2022, including $2 billion from those younger than 12, said Mock, citing a Jan. 2 Harvard University study. Lawmakers should require “safety by default,” a design approach that is light touch, technology agnostic and content neutral, said Mock. Don’t be scared by tech industry "pressure tactics,” said Mock, referring to a NetChoice official mentioning litigation against other states at the South Carolina panel’s meeting last week (see 2401110044). An amendment to H-3424 tightens the definition of a pornographic website and gives sites three ways to verify age: a digitized ID card, an independent third-party verification service or “any commercially reasonable method that can verify age,” said sponsor Rep. Travis Moore (R): It also removes language directing the AG to develop rules. Wednesday in Utah, the Senate Judiciary Committee voted 4-0 to approve a bill (SB-89) delaying seven months to Oct. 1 the effective date of the state’s litigated social media law.

Democrats peppered a Florida age-verification bill’s sponsors with questions Wednesday on their proposal to remove kids younger than 16 from social media platforms this summer. Several young people gave forceful testimony against the bill at the livestreamed hearing. But the state's House Judiciary Committee voted 17-5 to advance HB-1 to the floor.

Cable companies urged the Maine Public Utilities Commission to quickly align the state’s Chapter 880 pole attachment rules with the FCC’s December pole attachment order. The FCC order aimed at resolving disputes quicker. It takes effect Feb. 12 (see 2401110017). The Maine PUC received comments Friday on implementing a 2023 state law requiring a commission study on pole attachment requirements’ effect on broadband expansion. "Because pole replacement costs impose a significant barrier to broadband deployment, especially in rural areas, the [Maine PUC] should make similar amendments or clarifications to the Chapter 880 Rules,” Comcast and Charter Communications wrote. "While the pole replacement cost allocation approach in Section 5(C) of the Chapter 880 rules already limits, in some ways, pole replacement costs charged to attachers, the current rule is unclear and leaves room for uneconomic, inequitable, and inappropriate cost-shifting by pole owners to attachers." For pole applications and make ready, the PUC shouldn't treat municipal entities differently than private companies, the two cable companies added. The Maine PUC proceeding should seek to make the application process more efficient, ensure one-touch make-ready and self-help remedies are readily available, enforce deadlines for pole owner work and update make-ready payment obligations, commented Crown Castle and GoNetSpeed. Don't make attachers pay for system improvements that mostly benefit pole owners, they said.

Municipal police dispatchers should get a slice of county 911 fee revenue in Washington state if they receive emergency calls transferred from the county, House Appropriations Committee Chair Timm Ormsby (D) said at a Local Government Committee hearing livestreamed Tuesday. Ormsby sponsored HB-2258, which would require counties collecting the tax to transfer some of the revenue to local governments operating municipal 911 systems. Currently, counties may impose a 911 excise tax of up to 70 cents monthly per line on landlines, wireless and VoIP; states may additionally impose a 911 tax of up to 25 cents. But in some areas, like Spokane, the county emergency communications center transfers calls requiring police to the city, which doesn’t receive any 911 fee revenue, said Ormsby. “This is about making sure that folks in our community that pay that excise tax get services for the larger portion of the 911 calls that are police, not fire related.” The bill wouldn’t raise the 911 tax, he said in response to a question by Rep. Cyndy Jacobsen (R).