Adam Bender

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.

Nevada, New Jersey and New York diverted about $205.4 million, or 5.3% of all 911 fee revenue, for unrelated purposes in 2022, an FCC report to Congress posted Tuesday found. The commission’s previous annual report found the same three states diverting about $198.5 million in 2021. The states used some of the revenue for public safety programs unrelated to 911; New York and New Jersey also used a portion for purposes unrelated to 911, the FCC said. Under the NET 911 Act, states must use 911 fee revenue for 911-related activities. The agency said 49 states, the District of Columbia and four territories responded to last year’s data request. Together they collected more than $3.5 billion in 2022 for 911. Idaho and the Northern Mariana Islands didn't report. New Jersey diverted 78.1% of $127.1 million collected, while fellow repeat offender New York diverted 41.7% of $254.4 million collected, said the report: It's unknown how much Nevada diverted from a $2.9 million pot. Nevada disclosed that at least two local jurisdictions diverted funding in 2022 for police body and vehicular cameras, the report said. “New Jersey and New York did not self-identify ... as diverting funds, but, consistent with previous reports, the Bureau has determined based on review of the information provided that these states diverted funds for non-911 related purposes within the meaning of the NET 911 Act.” In addition, the FCC said 44 states, D.C., Guam and Puerto Rico reported $512 million in total next-generation 911 spending in 2022. It said 37 states and jurisdictions reported having operating emergency services IP networks (ESInets). D.C., Puerto Rico and 47 states reported having text-to-911 by the end of 2022. Guam and the U.S. Virgin Islands expected to provide that capability in 2023, the report said. National Emergency Number Association CEO Brian Fontes said it's unfortunate and unacceptable that some states still see 911 revenue as a way to fund other programs. "Funds that the public pays specifically for 9-1-1 purposes should be used to ensure that 9-1-1 callers receive an effective emergency response." NENA urges states that divert funds to end the practice. Instead, they should use the money for maintaining 911 service levels and upgrading to NG-911, he said.

The California Privacy Protection Agency, the nation's first dedicated privacy regulator, has “many investigations underway,” Executive Director Ashkan Soltani said at a partially virtual CPPA board meeting Friday. Soltani estimated that the agency has received about 100 complaints from consumers since forming in 2021. The CPPA’s data broker registry is up and running after a 2023 bill transferred it to the agency from the California DOJ, Soltani said. Many have since registered and CPPA plans to publish a list of registrants in March, he said. Staff is preparing a proposed rulemaking package including cybersecurity risk assessments, automated decision-making technology for the next board meeting, said Soltani: Staff is incorporating feedback from board members after the Dec. 8 meeting (see 2312080064). In addition, staff is writing draft language and speaking with possible legislative authors for a potential bill that would require browser vendors to let users exercise their California privacy rights through a global opt-out signal, said Maureen Mahoney, deputy director-policy and legislation. “We’re confident that we have adequate resources to effectively sponsor the bill.” CPPA's board voted at last month’s meeting to advance the legislative proposal. The board considered a draft 2024-27 strategic plan with the mission statement: “Protect consumers’ privacy, ensure that businesses and consumers are well-informed about their rights and obligations, and vigorously enforce the law against businesses that violate consumers’ privacy rights.”

California must ensure a permanent affordable broadband option for residents should the affordable connectivity program (ACP) run out of money, Assemblymember Lori Wilson (D) said during an Assembly Communications Committee meeting Wednesday. The committee voted 7-3 for Wilson’s AB-1588, despite concerns from some that the legislation could be stronger. The bill would allow the state to do business only with ISPs that have affordable plans costing at most $40 monthly for at least 25 Mbps download and 3 Mbps upload speeds. Assemblymember Mia Bonta (D) stressed that she will support the bill only if it’s amended to require at least 100/20 Mbps speeds. Wilson said she’s open to raising the floor to 100/20 Mbps and lowering the price ceiling to $30 if it helps pass the bill. Assemblymember Stephanie Nguyen (D) said she couldn’t support the bill because of worries about its unintended harms to low-income residents. Nguyen suggested waiting until April to see what happens with ACP. The California Emerging Technology Fund supported the bill, but USTelecom, CTIA, Wireless Infrastructure Association and the state cable association opposed it. “Attempting to rate regulate the industry ... does not resolve federal inactivity” to renew ACP, said Amanda Gualderama, California Broadband and Video Association legislative and regulatory director. USTelecom lobbyist Yolanda Benson noted that Congress earlier that day introduced a bill to fund ACP (see 2401100056). Broadband prices have declined without government invention, she said. Also, the committee voted 10-1 for a bill that discourages Californians from calling state agencies’ toll-free numbers. AB-1135 wouldn’t force agencies to decommission their 800 numbers but would require they advertise local area code numbers instead, said sponsor Assemblymember Josh Lowenthal (D). He said California spends $7 million annually for toll-free numbers, even though most residents have phone plans with unlimited minutes. The government pays only when someone uses the 800 number, so encouraging use of toll numbers would save cash, he said. Toll-free numbers remain important for those still relying on landlines, said The Utility Reform Network lobbyist Ignacio Hernandez. The consumer advocate is glad the bill wouldn’t get rid of toll-free numbers, but believes it should direct agencies to continue displaying them as an option.

Southern state lawmakers stressed their concern for kids’ safety as they supported bills Thursday to require age verification for social media and pornography websites. At a Florida House Regulatory Reform Subcommittee, Chair Tyler Sirois (R) defended banning children from social platforms even if their parents would allow it. During a South Carolina House Constitutional Laws Subcommittee hearing, the state's attorney general, Alan Wilson (R), strongly supported blocking kids from porn websites.

The New Jersey Board of Public Utilities voted 4-0 to clear a settlement resolving the board’s Altice service quality probe (docket CX21020139). At the livestreamed meeting Wednesday, commissioners also voted unanimously to authorize staff to submit New Jersey’s digital equity plan to NTIA by Friday. Altice had pledged to spend $11 million on its network and make other broadband adoption, network resiliency and customer service commitments (see 2312210077). “We really look forward to the improved service that we will see going forward with Altice,” said BPU President Christine Guhl-Sadovy. Staff recommended approving the “just and reasonable resolution” to the board’s investigation, said Cable and Telecommunications Director Lawanda Gilbert. The cable operator values its longtime relationship with New Jersey, an Altice spokesperson said. More broadband access is a big benefit of the deal for Altice customers, said New Jersey Division of Rate Counsel Director Brian Lipman: Continuing talks among Altice, the division, municipalities and the board "will ensure that the parties work together to provide [Altice's] customers with the broadband services they need."

The 4th U.S. Circuit Court of Appeals returned a U.S. Chamber of Commerce challenge of Maryland’s digital ad tax to a state district court. In an opinion Wednesday (case 22-2275), the appeals court agreed with the U.S. District Court in Baltimore (case 21-cv-00410) that the Tax Injunction Act (TIA) prevents federal courts from reviewing the tax. However, it disagreed that a decision on the constitutionality of a related pass-through ban was moot.

The COVID-19 pandemic exacerbated existing workforce problems at emergency call centers, said Tina Buneta, 911 director for Aurora, Colorado, during a National 911 Program webinar Tuesday. “We were already struggling in the 911 profession,” with a 14%-17% average national turnover rate going into 2020, she said. Without much investment in 911, there was a culture where professionals took on more "disempowered behaviors,” Buneta said. The pandemic brought a "great reassessment" of priorities for 911 telecommunicators, she said. Upset with negativity and seeking more time with family, many exited the profession, said the 911 director: The exodus reduced service levels and increased wait times for callers. Aurora responded by seeking to better understand workers’ stress and planning how to meet their essential needs, Buneta said. Emergency call centers should offer fair compensation, flexible hours, an inclusive culture, and psychological and other support, she said. Aurora increased salaries roughly 63% over three years after realizing it was benchmarking pay against rural areas with lower costs of living, she noted. Also during the webinar, North Carolina and Minnesota officials described recent successful recruitment campaigns. Responding to 911 centers' reports about reduced job applicants after COVID-19, the North Carolina 911 Board launched a recruitment campaign on TV, streaming video and online, said Education and Training Coordinator Angie Turbeville. Now more are applying for jobs, and existing 911 telecommunicators have praised the increased awareness brought to their profession.

The Nebraska Public Service Commission cleared about $20 million for high-speed internet projects through the Nebraska Broadband Bridge Program. Commissioners voted 4-0 at a livestreamed meeting Tuesday, with one member absent, for an order approving grants (docket C-5484). Awarded projects will mostly connect unserved areas, said PSC Telecom Director Cullen Robbins. Projects must be completed by July 9, 2025, said the order. Hartelco received the most funding ($7.2 million), followed by Glenwood Telecom ($3.5 million), Pinpoint Communications ($2.6 million) and Cox ($2.4 million). Commissioners voted 3-1 to keep Dan Watermeier (R) as PSC chair. Commissioner Kevin Stocker voted no and Commissioner Christian Mirch was absent. The commission censured Stocker and Mirch last year for alleged, but not disclosed, misconduct (see 2310030043).

New Jersey legislators passed a comprehensive data privacy bill and proposed telephone line abandonment rules during floor sessions Monday. The Assembly voted 47-27 to pass S-332 after substituting into the bill language from A-1971. The Senate voted 34-1 for A-1100, which would require removing phone and cable lines that don’t terminate at both ends to equipment or to a customer premise, aren't in a safe condition or haven’t been operated for at least 24 consecutive months. The state privacy bill will “protect for the first time in New Jersey history our citizens’ and our children’s data, including personally identifiable information and sensitive data, and join the dozen-plus states that have beaten us to it,” said Assembly Judiciary Committee Chairman Raj Mukherji (D), who sponsored A-1971. “With no comprehensive federal framework to address this, unlike in Europe, it’s fallen to the states to fill the gaps and protect our citizens’ data.” Mukherji highlighted the bill’s inclusion of a universal opt-out mechanism, which would support using a browser plugin or setting to opt out of many sites. The Assembly adopted amendments to the privacy bill at a Dec. 21 floor session. Changes include clarifying that a controller isn’t required to authenticate opt-out requests and that the consumer’s option to opt out applies to data selling or targeted ads, according to a floor statement. Also, the amended bill extended the deadline for controllers to comply to six months from four. In addition, lawmakers added an exemption for data subject to the Gramm-Leach-Bliley Act. The Assembly Judiciary Committee passed A-1971 in December (see 2312180067), many months after the Senate approved S-332 last February (see 2302030065). Consumer Reports believes "the bill improved substantially as it has moved through the legislative process," said CR Policy Analyst Matt Schwartz. "The bill now includes baseline consumer privacy protections" and a universal opt-out mechanism that will make it "far more usable for consumers than what was previously being considered," he said. However, "we see room for improvement, particularly relating to the bill's data minimization and enforcement provisions." The Assembly passed the line abandonment bill last March (see 2303010017). The New Hampshire House last week completed a comprehensive privacy bill (SB-255). It passed the state's Senate last March (see 2303170035). The House Judiciary Committee amended and advanced the bill in November (see 2311080062).