The California Public Utilities Commission delayed votes on eligible telecom carrier (ETC) petitions by Etheric Communications (docket A.21-01-00) and Wavelength Internet (docket A.21-01-009) until the Dec. 15 meeting, showed a hold list Monday. The CPUC postponed another telecom item that also was scheduled for this Thursday’s meeting on a proposal to award $1.4 million in California Advanced Services Fund support to 19 public housing projects (Resolution T-17775). The CPUC held the Etheric item before (see 2210200073), with a Nov. 4 proposed decision denying ETC designation but granting a certificate of public convenience and necessity (CPCN). The Wavelength proposal would similarly deny ETC status but grant a CPCN.

Oklahoma’s connections-based state USF surcharge will increase to $1.85 from $1.14 monthly, the Oklahoma Corporation Commission decided 2-1 at a livestreamed meeting Tuesday. It will apply to the number of connections contributors have at the end of this month, and will be reported Jan. 15 when they pay the new assessment, said the interim order. Chairman Dana Murphy (R) and Commissioner Todd Hiett (R) voted yes but raised concerns that the surcharge was going up despite deciding last year to move from a revenue-based method. Commissioner Bob Anthony (R) dissented, noting he never supported the connections approach. Oklahoma USF Administrator Mark Argenbright said a meeting will be held in the next couple of weeks to discuss possible OUSF rule changes through a commission rulemaking. "We've seen a stabilization of the revenue" coming into the fund by switching to the connections mechanism, but at the end of October the fund still had a $25.9 million deficit, Argenbright said. He expects the state will be able to reduce the surcharge after the deficit is addressed, he said. Other states that changed to connections have lower surcharges, but they may not have to deal with a large deficit, noted Murphy. Hiett doesn’t like surcharge increases and is "anxious for it to stabilize,” said the commissioner. The upcoming OUSF rulemaking will be important, he said.

Soon-to-be Democratic “quadfectas” in Maryland, Michigan, Minnesota and Massachusetts -- where the governor, both legislative chambers and attorney general will be Democrats this January -- could boost privacy bills in those states, Husch Blackwell attorney David Stauss wrote Friday. Democrats in all four states proposed privacy bills in previous sessions. Massachusetts Gov.-elect Maura Healey (D) took on privacy issues when she was the state’s AG, Stauss said. AG support significantly boosted the Colorado and Connecticut privacy bills that became laws, though Democrats’ quadruple control in Washington state and Republicans’ complete control in Florida hasn’t resulted in privacy bills becoming laws in those states despite several attempts in recent years, the lawyer said. Some expect more internet regulation by states after Democratic wins in this year's elections (see 2211230062).

Texas state legislators should expand local autonomy over broadband, said a Next Century Cities report last week. “Local leaders have built-in accountability and earned community trust. Franchise agreements are one area where local autonomy has been limited over the last two decades. Restoring that authority would benefit Texas residents who look to their local leaders for answers to questions about why broadband is not reaching their neighborhoods.”

Recent Texas laws preempting local governments in the right of way (ROW) are permissible under the state constitution, the state argued this week at the Texas 3rd Court of Appeals. Cities disagreed earlier this month that a lower court could uphold the rental rate caps in the state’s 2017 small-cells law without at least considering material facts. Cities are challenging a 2017 Texas law capping cities’ ROW rental fees at $250 per small cell. As the statute was taking effect, McAllen and other Texas cities challenged the state’s small-cells law at the Texas District Court of Travis County, arguing the compensation level set by the legislature was an "unlawful gift" under the Texas Constitution (see 1708300020). Two years later, with still no decision in that case, cities amended their lawsuit to additionally challenge a 2019 law stopping municipalities from charging telecom providers twice when they use the right of way for phone and video (see 1906260050). Ruling July 26 this year on summary judgment, the state court said the 2019 law facially violated the state constitution, but the 2017 small-cells law was constitutional. The appeals court gave notice Aug. 24 of the cities’ appeal (case 03-22-00524-CV). The appeals court should affirm the lower court’s ruling on the 2017 law and reverse on the 2019 law, Texas said in a brief this week. “This appeal concerns novel interpretations of the ‘no gifts’ provisions of the Texas Constitution that may invalidate several other unrelated statutes,” said Texas, seeking oral argument. The 2017 and 2019 laws were meant to spur wireless telecom deployment, making it “cheaper (but not free!) for telecom companies to install wireless access points and fiber-optic cables in the ROW,” Texas said.

A San Diego utility sought more time to implement a one-touch, make-ready (OTMR) policy adopted last month by the California Public Utilities Commission (see 2210200073). Extend the deadline to Oct. 20, 2023, from Jan. 20, San Diego Gas & Electric urged in a letter emailed Wednesday to the docket R.17-06-028 service list. “Granting this extension will allow SDG&E the time to implement new field/engineering procedures safely and effectively, business processes and system enhancements necessary to comply with requirements of the decision,” said the utility: The proposed extension won’t harm communications companies and customers.

Colorado should revise its broadband roadmap with guidelines to maximize technology-neutral rules and prioritize low cost and speedy delivery, the Wireless Internet Service Provider Association said in comments Tuesday at the Colorado Office of Information Technology. NTIA’s broadband, equity, access and deployment (BEAD) program cites an “important role for fiber,” but the agency’s notice of funding opportunity lets states use funding for quickly deployable fixed wireless, WISPA said: “Fiber projects are often slow to deploy and are increasingly subject to delays related to supply chain-challenges and higher costs from rising inflation.”

The Virginia State Corporation Commission approved area code 686 for the region currently using 804, it said Tuesday. With the 804 area code expected to run out of numbers in Q3 2024, the state commission approved the overlay proposed by the North American Numbering Plan Administrator, the commission said. The overlay will be implemented by early 2024, it said.

Connecticut's top enforcer will investigate Altice after getting about 500 complaints since 2017 about the cable company’s internet speeds, fees and technical support, Attorney General William Tong (D) said Monday. Altice faces possible violations of the Connecticut Unfair Trade Practices Act, the AG office said. Many consumers with 300 Mbps or 400 Mbps plans told the AG they didn’t get those speeds, said the office: And the AG is scrutinizing a $3.50 “network enhancement fee” for internet customers. “Our investigation seeks comprehensive records dating back to January 2017 to determine exactly what Altice Optimum knew and what they were doing to deliver the internet speeds and service they promised,” said Tong. “We will not hesitate to hold them accountable.” Bipartisan leaders of Connecticut’s House and Senate technology committees supported the probe. “Households relying on these services for employment, education and entertainment can experience significant harm if they lack reliable internet service,” said the Senate panel’s Chairman Norm Needleman (D). “If Altice Optimum contributed to that harm, they should face the consequences.” Connecticut should thoroughly review consumer complaints, said the same committee’s Ranking Member Paul Formica (R). Frontier Communications settled a similar Connecticut AG probe last summer by agreeing to invest $42.5 million to upgrade DSL to fiber and to end a “hidden” $6.99 monthly internet infrastructure fee (see 2208310057). "Altice shares the state’s goal of ensuring Connecticut residents and businesses receive high-quality service and have a positive customer experience," said the company's spokesperson, noting Altice is deploying a 100% fiber network across the state and earlier this year launched multi-gigabit speeds. "We are proud to serve our Connecticut communities and will cooperate with state officials to provide relevant information."

Washington state assessed Lumen’s CenturyLink a $226,000 penalty for raising customer rates without telling regulators, in violation of a 2014 alternative regulation plan. The Washington Utilities and Transportation Commission upheld the penalty last week, it said Monday. The telco violated the 2014 agreement last year, the UTC said. CenturyLink admitted to violations in June but sought mitigation of the proposed penalty due to COVID-19 personnel reductions and other reasons. Worker shortages caused by the pandemic don’t relieve the telco of its obligations, the commission decided in docket UT-220397. The commission rejected the company’s arguments that consumers weren’t harmed and that the agency improperly calculated the number of violations. Lumen declined to comment Monday.