A Virginia Senate bill to ban TikTok and WeChat on state government devices (SB-1459) cleared the General Laws and Technology Committee in a 14-0 vote Wednesday. A House committee supported a similar bill last week (see 2301230011). The measures would effectively codify an executive order by Gov. Glenn Youngkin (R).

Citynet raised concerns with an amended pole attachments agreement between Frontier Communications and Monongahela Power and Potomac Edison (MP/PE) in West Virginia. Frontier and MP/PE filed the pact in December in response to scrutiny from the West Virginia Public Service Commission about duplicative processes slowing pole-attachment application reviews (see 2212160032). The pact fails to resolve issues raised by PSC staff and would create additional problems in the pole attachment process, Citynet said Tuesday in case 22-0885-T-E-SC. By failing to “require Frontier to submit an application for review of pole attachments like all other providers,” the agreement would violate PSC rules and perpetuate problems at issue in the case, Citynet said. “More problematically, the Stipulation fails to address both the Companies’ failure to timely process applications and the exorbitant fees that the Companies are now charging to complete pole attachment application review.”

The 9th U.S. Circuit Court of Appeals, in a Tuesday decision (docket 21-15969), reversed and remanded the district court’s injunction that enjoined the California Public Utility Commission from enforcing its zero co-pay rule on two tiers of affordable wireless service for service providers participating in the California LifeLine program. The CPUC’s zero co-pay requirement for certain affordable plans isn't rate regulation as preempted by the Communications Act because participation in LifeLine “is voluntary and service providers remain free to opt out and charge whatever rates they deem appropriate,” said the court. The CPUC didn't comment, nor did the National Lifeline Association, which sued the CPUC to block the zero co-pay rule.

Michigan cable operators and subscribers declined slightly last year, the Michigan Public Service Commission said Wednesday. The commission’s annual video competition report found 31 operators in Michigan in 2022, which was two fewer than 2021, the PSC said. Customers declined more than 151,000 to about 1.5 million, it said. In 2021, subscribers increased by about 18,000, it said. There had been 2.3 million subscribers in 2015, the PSC said. “The trend of decreasing subscriptions reflects a continued nationwide transition as customers switch from cable-video services to internet streaming services.” There were 2,032 franchise agreements between cable providers and municipalities in 2022, up from 1,973 statewide the year before, the PSC said.

Frontier Communications has until Feb. 21 to respond to a Pennsylvania consumer and small business advocates’ service quality complaint (see 2301100035), the Pennsylvania Public Utility Commission said Tuesday. The PUC granted Frontier’s request to extend the original Tuesday deadline. Frontier told the commission Monday it needed more time to review records.

The stipulated final judgment that New York reached with ISP plaintiffs in July 2021 over the state’s Affordable Broadband Act “did not effectuate a waiver” of the state’s right to appeal the ABA’s permanent injunction, the Office of New York Attorney General Letitia James (D) told the 2nd U.S. Circuit Court of Appeals in a supplemental brief Monday (docket 21-1975). If the ISP plaintiffs’ “understanding is correct,” the New York AG “did not relinquish the arguments presented on appeal and has standing to pursue them,” they said in their supplemental brief. But if the 2nd Circuit disagrees, the New York AG “would have relinquished those arguments and lacks standing to pursue this appeal,” they said. The 2nd Circuit ordered the supplemental briefs Jan. 20 on whether the court has appellate jurisdiction over the lower court’s final judgment that the parties negotiated (see 2301230040). New York “retains a concrete and redressable stake in this litigation,” said James’ brief. The district court’s injunction against enforcement of the ABA “is causing an ongoing injury to New York and specifically to low-income New Yorkers,” it said. “This injury would be redressed by a favorable ruling from this Court rejecting plaintiffs’ federal-preemption theories and reversing the final judgment and injunction contingent on those theories.” The stipulated judgment at issue “bears some similarity to a conditional plea agreement, whereby a criminal defendant may plead guilty while expressly preserving for appellate review an interlocutory ruling” that's effectively, even if not always technically, dispositive of the case, it said. When the ISP associations agreed to the New York AG’s proposal to convert the preliminary injunction ruling in the associations’ favor into a stipulated final judgment imposing a permanent injunction, the associations understood that the New York AG “was not relinquishing her right to appeal that permanent injunction,” said the ISP plaintiffs. They urged the 2nd Circuit to affirm the district court’s final judgment “permanently enjoining” the ABA and declaring it preempted by federal law.

The Wisconsin Public Service Commission seeks applications for planning grants under NTIA’s digital equity and broadband equity, access and deployment (BEAD) programs, the PSC said Monday. Applications are due March 1 for $100,000 in BEAD workforce planning grants and for $335,000 in digital equity outreach grants, March 7 for $1.5 million in BEAD local planning grants, it said.

A Virginia bill to protect railroads from broadband construction interference cleared a House Commerce subcommittee Thursday. The subcommittee voted 7-1 for HB-1752, which allows broadband construction to cross the rails if it’s designed to prevent damage to the railroad and ensure passenger safety. An ISP would have to notify the railroad company of its desired crossing date and pay $1,500 per crossing in most cases. Under the bill, a railroad company could petition the Virginia State Corporation Commission if it believes the crossing would cause undue hardship or cause danger. The commission would have power to suspend construction while deciding the case. The bill must still be considered by the full Commerce Committee.

The New Jersey Assembly voted 76-0 Thursday for a measure to require telecom, cable TV and ISPs to allow customers to end contracts when a physician refers them to a long-term care facility. The Telecom Committee cleared A-1884 last month (see 2212050024), which goes next to the Senate.

States should avoid creating a patchwork of competition laws that could stifle tech investment, the Computer and Communications Industry Association said Friday. CCIA found many states recently considered bills to revise antitrust laws and regulate app stores. “Since industry operates across multiple state borders, proposals at the state level to create disparate approaches to competition issues could impact innovation and create new barriers to entry,” CCIA State Policy Director Khara Boender said.