The Colorado House supported expanding the state’s right-to-repair law that covers digital electronic equipment like cellphones. The House voted 39-18 Tuesday for HB-1121. The FTC supported the bill at a hearing earlier this month (see 2403010046). CTIA, the Consumer Technology Association and other industry groups opposed the bill. “Without any vetting process for qualified repair facilities, the potential for consumer harm is significant and undermines the innovations manufacturers have developed to protect customers,” the associations wrote in a Feb. 27 letter: And it would add to a state patchwork. The bill will go to the Colorado Senate.
The Wisconsin Senate voted 29-3 on Tuesday for a bill that would require wireless carriers to provide law enforcement with device location information without a warrant if the subscriber consents and the company believes disclosure could prevent death or injury. Carriers would also provide that information under AB-960 if they receive a written request from law enforcement stating that disclosure is needed to respond to an emergency call or situation involving possible death or serious physical injury. Also, the bill would give wireless providers immunity from criminal liability for such disclosures. The Assembly previously approved the bill. It will need a signature from Gov. Tony Evers (D) to become law.
Montana telecom rules are outdated and anti-competitive, Lumen said Wednesday after the Montana Public Service Commission denied the carrier a six-year waiver of an out-of-service rule. Commissioners voted 5-0 at their Tuesday meeting following a two-year service quality probe into Lumen’s CenturyLink, the PSC said. The out-of-service rule requires regulated telephone service providers to clear 90% of out-of-service trouble reports within 24 hours, with some exceptions. CenturyLink argued compliance was difficult because unregulated wireless and broadband competition reduced its market share, the PSC said. The company proposed that, in exchange for the statewide waiver, it would pay $1,500 to about 500 customers on its Anaconda or GoDigital systems to disconnect from CenturyLink. “Regulated telecommunications providers must provide reasonably adequate services at just and reasonable rates,” said Montana PSC President James Brown (R). “While I understand CenturyLink’s position as to the growth of unregulated communications service providers, CenturyLink has not convinced me that there are other options for many of the folks who rely on CenturyLink’s service. CenturyLink’s proposed one-time payment would not help much if you can’t get other service at your home.” Many rural Montanans can’t get reliable cell service, noted Commissioner Randy Pinocci (R). The out-of-service rule “helps protect folks who count on CenturyLink service,” he said. A Lumen spokesperson responded, “CenturyLink is one of only a few companies still subject to monopoly-era landline service regulations,” yet “more than 95% of voice connections in Montana are now provided by our competitors. These outdated regulations are anti-competitive and don’t reflect advancements in technology that impact how we connect today.” Lumen welcomes “a constructive dialogue with the commission,” the spokesperson added.
GCI might get a decision by May 31 on whether an Alaska backup power requirement applies to customer-owned analog telephone adapters required after the carrier reconfigures its network, the Regulatory Commission of Alaska said in a Tuesday order (docket U-24-007). GCI seeks a declaratory ruling that an eight-hour backup power requirement doesn’t apply to the adapters or, alternatively, a waiver of that rule. The carrier sought expedited consideration, so it can complete its network reconfiguration by June 22. The petition “warrants a public comment period” and the commission “has questions” for GCI, the RCA said. It added it can’t “rule on the request for expedited consideration before these are completed” but “will attempt to complete a final review and decision by May 31,” noting Alaska rules require that the commission act by Aug. 31.
NTIA said four more states can open challenge processes for the broadband equity, access and deployment program. The federal agency said it approved volume 1 of initial BEAD proposals by Alaska, Missouri, New Hampshire and Vermont since last week’s update to a progress dashboard (see 2403060046). That makes 29 states and territories total. Only Louisiana has NTIA approval for volume 2.
The entire Arizona Corporation Commission refused hiking monthly surcharges on customer bills for the state’s high-cost fund, despite projections that the Arizona Universal Service Fund (AUSF) will soon run out of cash. The ACC's lone Democrat joined four Republican commissioners in voting against increased surcharges during a livestreamed meeting Tuesday. Staff warned last month that the AUSF would be depleted by the end of April, meaning no more payments starting May for funding AUSF administrator Solix or Frontier Communications, the only company in the state receiving this high-cost support (see 2402280038). Frontier supported staff’s proposal to increase the monthly surcharge on customer bills. However, Arizona commissioners said during the livestreamed meeting that they preferred addressing the issue through an upcoming Frontier rate case planned for this fall. Commissioner Kevin Thompson (R) can’t support increasing the AUSF fee, he said. “Let’s look at this in the rate case and have a broader discussion on the merits of the AUSF as we go forward.” Arizona commissioners also declined raising AUSF contribution rates in 2022 and 2023 (see 2312050032).
A comprehensive Minnesota data privacy bill cleared a second House committee Tuesday. The State and Local Government Committee voted by voice to advance a comprehensive privacy measure (HF-2309) to the Ways and Means Committee. Last week, the Commerce Committee approved the bill that is based on a model Connecticut and several other states adopted (see 2403050049). The Senate Judiciary Committee plans to weigh the similar SB-2915 on Wednesday. The House committee approved an amendment to HF-2309 that sponsor Rep. Steve Elkins (D) described as more “wordsmithing” based on suggestions by Google, Consumer Reports and others. Exempting airlines, the amendment also refines the definition of sale and aligns sections on data controllers’ responsibilities and implementation requirements, said Elkins. The bill drew opposition from the panel’s lead Republican, Rep. Jim Nash (R), who said he would prefer a federal law to a state patchwork. A U.S. law would be better, but federal legislation is stalled, responded Elkins. "It's been left to the states to take this on." States are “working very hard to align our bills as closely as possible … to avoid that 50-state patchwork that you described,” he said. Still, Rep. Danny Nadeau (R) complained that the Minnesota measure is "really complicated" and "confusing." Meanwhile, other state privacy bills advanced Monday. The Kentucky Senate voted 35-0 for HB-15. Kentucky's House previously approved the bill (see 2402210044) but now must concur with Senate changes. In addition, Maryland’s House Economic Matters Committee voted 14-4 to clear a privacy (HB-567) bill and 19-0 to approve a kids’ safety bill (HB-603). The committee heard the bills last month (see 2402140053).
The California Public Utilities Commission scrapped its procedural schedule for AT&T’s petition seeking statewide relief from carrier of last resort (COLR) obligations. The commission will release a new schedule after April 30, which is the due date for possible replacement COLRs to notify the CPUC that they want to replace AT&T in particular areas, Administrative Law Judge Thomas Glegola ruled Tuesday in docket A.23-03-003. An evidentiary hearing was slated for April 23-25 under the previous, now-discarded schedule. AT&T urged the commission not to waste time seeking replacement COLRs last month (see 2402210038).
Republican opposition couldn’t stop a Minnesota House bill on local broadband authority from advancing Monday. The Commerce Committee split by political party in a 10-6 vote to send HF-4182 to the House State and Local Government Committee. Also, the committee voted by voice to make an anti-junk fees bill (HF-3438) eligible for a full House vote. HF-4182 would establish local franchise authority for broadband in Minnesota much like what currently exists for cable. Rep. Isaac Schultz (R) slammed the bill, which he said would set up a “slush fund” for local governments by allowing unlimited fees with no directions for how to use the money. Rep. Harry Niska (R) added that it’s not transparent to put fees on monthly internet bills, where he said customers are less likely to expect a local tax. However, local franchising authorities and public, educational and governmental (PEG) stations support the bill, said Jodie Miller, Northern Dakota County Cable Communications Commission executive director. The bill would fill a revenue gap from quickly declining cable franchise fees, she said. "Our residents don't mind paying franchise fees when they know their dollars are being employed locally to provide our franchise office and our local programming.” The bill would extend cable franchise benefits to broadband, said Mayor Dan Roe of Roseville, Minnesota. Through franchising, local governments can ensure all their residents are served with high-speed internet, said local government attorney Michael Bradley. However, telecom and cable industry groups opposed HF-4182. "The bill authorizes every level of local government to impose unlimited, overlapping franchise fees" on broadband that will hurt low-income customers most, said Minnesota Cable Communications Association attorney Tony Mendoza. Minnesota Telecom Alliance members planned to spend $300 million this year to expand broadband, but "this bill puts that figure in doubt,” warned MTA President Brent Christensen, adding that no other state has a similar law. The proposed law may conflict with FCC wireless rules, cautioned CTIA Assistant Vice President-State Legislative Affairs Jeremy Crandall. The FCC requires cost-based fees, but the Minnesota bill would allow charges for raising revenue, he said. CTIA also opposed the junk-fees bill. Mobile companies should be exempted because they are already covered by FCC broadband labeling and truth-in-billing rules, testified lobbyist Sarah Psick for the wireless industry association.
The California Public Utilities Commission received warnings Friday about how the CPUC plans to make a foster-youth pilot a permanent part of the California LifeLine program. IFoster, the pilot’s administrator, said the current draft is “unconscionable” and would create a program “destined to fail.” The CPUC "is about to take a successful Digital Equity program and destroy it while also making ineligible foster youth as they age out of foster care, the very time they need a communications device most to obtain housing, food, and apply for jobs,” the nonprofit iFoster commented in R.20-02-008. Moreover, it said the revised proposal “will result in 12,000 foster youth losing what has been to date a life-saving resource that they describe as a lifeline, a bright spot in their lives, and a necessity for their vital communications.” It's wrong for the CPUC to try to conform the program to the state's “ill-fitting regular LifeLine program,” which “routinely rejects foster youth.” Also, using the traditional LifeLine model would mean removing the mandate for providing a device for foster youth and "no requirements for high speed or unlimited data or hotspot capability,” said iFoster. Neither T-Mobile nor affiliate Assurance Wireless will participate in the proposed permanent program, T-Mobile commented. The revised proposal "still does not address how -- or whether -- current Pilot Program participants will receive service" after the pilot expires July 31, T-Mobile cautioned. Cox supported making the program a permanent part of California LifeLine. But the CPUC shouldn't assign the program its own minimum service standards or specific support amounts, the cable company said. The CPUC had planned to vote Feb. 15 on an earlier proposal but twice postponed the item. The commission now plans voting on the revised proposal at its March 21 meeting (see 2402290056 and 2403050016).