Adam Bender

Securus failed to show that California’s interim cap on incarcerated person calling services (IPCS) intrastate rates must be set aside, the 2nd District California Court of Appeals ruled Wednesday. The court affirmed the California Public Utilities Commission’s 2021 decision to provide interim relief by capping the rate at 7 cents per minute and banning ancillary fees.

A New Hampshire House committee Wednesday soundly defeated a bill to regulate social media. But in Kansas, state senators at another hearing the same day appeared largely supportive of a proposed bill that would restrict online platforms from editing or removing political speech. Many state legislators have floated measures to regulate or investigate social media this session while the Supreme Court considers whether to hear industry challenges to Texas and Florida laws from 2021 (see 2301230051).

Some business groups urged delay in enforcing Colorado Privacy Act (CPA) rules from July 1 when the comprehensive state law is to take effect. Staff for Colorado Attorney General Phil Weiser (D) presented an overview of proposed rules and took comments at a partially virtual rulemaking hearing Wednesday. Industry and consumer privacy advocates shared laundry lists of additional revisions they seek for a set of proposed rules now in its third draft.

State commissioners may consider draft telecom resolutions on the FCC’s Rural Digital Opportunity Fund (RDOF) and the agency’s spectrum auction authority at NARUC’s Feb. 12-15 meeting. NARUC distributed drafts Tuesday. The RDOF resolution by Pennsylvania Public Utility Commission Chairman Gladys Brown Dutrieuille would address situations where the FCC rejected a bidder’s long-form application, as the agency did with SpaceX and LTD Broadband. The resolution would urge the FCC to make sure any proceeds won by the disqualified bidder for a specific area should remain in that jurisdiction. The draft notes “the underlying need for support … in those jurisdictions identified as eligible for the Auction 904 support will remain notwithstanding any final order of the FCC and the courts rejecting any bidder application.” The FCC should refer the matter to the Federal-State Joint Board on Universal Service to recommend procedures and requirements that would apply to RDOF support retained in those places, the draft said. Also, NARUC may consider a draft resolution by Nebraska Public Service Commissioner Tim Schram (R) that would urge Congress to extend the FCC’s auction authority beyond March. Divert some proceeds to state grants for next-generation 911 and the FCC’s “rip and replace” program that requires carriers receiving federal subsidies to remove equipment from Chinese vendors that may pose a security risk. Current 911 funding isn’t enough for NG-911 and some need more funding to start rip-and-replace projects, the draft notes.

Legislators in two western states weighed extensions Tuesday to state telecom subsidies. Small rural telcos testified at livestreamed hearings that high-cost support provided by the Colorado and Washington state programs remains vital. Meanwhile, an Oklahoma Corporation Commission (OCC) state USF rulemaking could be imminent.

Virginia legislators cleared a children’s privacy bill Monday despite pleas from internet groups for them not to follow in California’s footsteps. Multiple state legislatures are weighing such bills in 2023 after last year’s passage of the California Age-Appropriate Design Code Act, a state law that NetChoice is challenging in court (see 2212140063).

Indiana should hasten to join other states with privacy laws, said state legislators and the attorney general’s office at a hearing livestreamed Thursday. Two Democrats raised concerns that an opt-out privacy bill based on Virginia’s law might not go far enough, but the Senate Commerce and Technology Committee voted 11-0 to clear the comprehensive data protection bill. SB-5’s low bill number shows it’s a priority this legislative session, said Chair Chip Perfect (R).

Nobody opposed reducing inmate call rates at a Montana House Judiciary hearing livestreamed Tuesday. The committee didn’t vote on SB-7, which passed the Senate 49-0 earlier this month. The bill would allow county jails to join state prison contracts or create their own contract if they don’t charge more than the current per-minute rate allowed by the FCC -- or 21 cents at most. Also, the bill would allow inmates one 10-minute phone and one 25-minute video call for free each week. And it would put a 3% cap on ancillary service fees including prepaid phone cards and collect calls. Calls now can cost more than 60 cents per minute, and fees can be 10%-20%, said sponsor Sen. Tom McGillvray (R): “That makes it very difficult …. when you’re broke and have no way to make money to communicate.” There were “no rails” on charges before SB-7, said committee member Rep. Greg Kmetz (R). Montana Sheriffs and Peace Officer Association lobbyist Brian Thompson said SB-7 would set a “very reasonable rate that's going to provide benefits to inmates throughout the state." The bill “promotes fairness,” said American Civil Liberties Union-Montana lobbyist Robin Turner. Communication is important for inmates to rebuild their lives, and it can reduce recidivism, she said.

Minnesota is seeking to end its digital divide with incoming support from NTIA’s broadband equity, access and deployment (BEAD) program, said members of Minnesota’s congressional delegation and state government officials at a partially virtual workshop Wednesday. More money and state legislation will probably be required to finish the job, said local government and workers’ union officials on a panel.

The telecom industry sought changes Tuesday to a Connecticut agency’s plan to establish an application and approval process for conduit excavations in highways, streets or other public rights of way by telecom and broadband providers. The Public Utilities Regulatory Authority (PURA) plans to vote Feb. 8 on the proposal in docket 21-12-21 (see 2301100075). Frontier Communications raised concerns the draft “may create possible unintended complications and delays with the placement of ‘conduit laterals’ -- a conduit from a manhole to a nearby pole and/or customer building or location where the planned excavation involves open trenching and requires either a [Connecticut Transportation Department (CTDOT)] or municipality permit.” Frontier said requiring 90 days' notice “will take a straightforward and limited excavation and turn it into” an up-to-four months' “waiting period for customers to receive broadband service.” PURA’s final decision should confirm emergency work should be exempted from a requirement to file an application and wait 30 days, said the New England Connectivity and Telecommunications Association. The current proposal exempts such work from notification but not from the application process, NECTA said. Also, PURA should clarify that cable-in-conduit and “directional boring deployments may commence upon the filing of an application,” it said. PURA’s interpretation including telecom service providers as providers or applicants is contrary to the state’s Broadband Act, said Crown Castle. That law’s Section 5(b) violates the federal Telecom Act’s Section 253(a) “because it imposes significant costs and compensation requirements that are not limited to allowing the State to recover its cost of right of way management,” it said. State departments also filed exceptions to the PURA draft. CTDOT “wants to be sure” PURA and providers understand it doesn’t allow micro-trenching or cable-in-conduit, “nor any conduit installation method that places conduit closer than 36 inches to the surface,” on state highways, it commented. A 90-day notice period should apply “under all circumstances in the application process,” said the Department of Energy and Environmental Protection. Currently, the PURA draft proposes notification to CTDOT or a municipality 90 days before construction but 30 days in other circumstances.