The South Dakota Senate voted 30-4 Wednesday in favor of an amended 911 bill that increases South Dakota’s emergency service fee on monthly phone bills to $2, from $1.25. HB-1092 failed to pass in an earlier Senate vote (see 2402150042). The House previously passed the bill but must vote again to agree with Senate changes related to 911 oversight.

The Kansas House Telecom Committee considered if counties should be covered by broadband infrastructure rules like those that apply to cities. The panel heard support for HB-2806 from ISPs at a livestreamed meeting Thursday. HB-2806 would allow telecom, broadband and video service providers to "construct, maintain and operate poles, conduit, cable, switches” and other facilities in counties’ rights of way (ROW). It would require counties to apply ROW access and permit processes “in a nondiscriminatory and competitively neutral manner to all similarly situated providers." That would include fees, required documents for permit applications, permitting time frames and waiver options, the bill said. "No county shall create, enact or erect any discriminatory, unreasonable condition, requirement or barrier for entry into or use of the public right-of-way by a provider." Counties could assess fees for construction permits, excavation and inspection only for reimbursing "the county's reasonable, actual and verifiable costs of managing the public right-of-way,” it said. The bill would also let counties assess repair costs for provider-caused ROW damage and require providers to furnish performance bonds. "We all want to be treated the same [and] fairly,” said Cox Director-Government Affairs Megan Bottenberg. But some Kansas communities have offered benefits to some providers and not others, she said. The “equity-based bill” stops excessive county taxes on broadband while giving explicit authority to collect repair costs for damages and require bonds, said IdeaTek co-founder Daniel Friesen. A rural county once tried to charge his company an excessive $20,000 in permit fees, he said. Requiring counties to explain how their fees are based on cost could reduce litigation, he said. AT&T Kansas State Director Darin Miller supported the bill in written testimony. Kansas Association of Counties General Counsel Jay Hall wrote that the bill's rules for counties would differ slightly from those for cities. "This is particularly important given that HB 2806 would take this issue out of local hands and make it a statewide standard,” Hall said. “If the standard is statewide, should the requirements for cities and counties match?"

The NARUC board accepted a telecom resolution about keeping phone number exhaustion at bay during its Washington meeting Wednesday. NARUC will ask the FCC to update “guidance on how states should bring cases of telephone number resource mismanagement or suspected robocalling using rented telephone numbers” through audits under Section 52.15(k) of the Telecom Act, said the final resolution from Telecom Committee Chair Tim Schram. The resolution drew no opposition in the committee Monday (see 2402260071).

The Utah House voted 64-0 on Wednesday for a bill that requires content filters when minors use tablets and smartphones. Eleven members were absent or didn’t vote. Because the House amended the bill, SB-104 must return to the Senate. Utah senators previously voted 25-3 in favor of the measure (see 2402070074). Meanwhile, lawmakers in other states advanced privacy and social media legislation this week. The West Virginia House voted 91-0 Wednesday for a consumer privacy bill (HB-5338) and sent it to the Senate. On Tuesday, the Georgia Senate voted 37-15 for another comprehensive privacy bill (SB-473), sending the measure to the House. On Monday, the Georgia Senate voted 51-1 for a measure requiring education for children about social media and the internet (SB-351). On Tuesday in Virginia, the House Commerce Committee voted 21-0 to advance a kids’ privacy bill (SB-361) that would add children-specific protections to the state’s comprehensive consumer privacy law. The Senate previously passed the bill 40-0 (see 2402120072). Also that day, the Missouri House Innovation Committee cleared HB-2141, which would prohibit state employees from using TikTok (see 2401030014). In Florida, the Senate Fiscal Policy Committee approved SB-1448 Tuesday, requiring platforms that foreign adversaries own to disclose how they curate, personalize and target content and how they address misinformation and harmful content. A House version of the bill advanced last week (see 2402220051).

Arizona Corporation Commission staff warned Tuesday that the Arizona Universal Service Fund (AUSF) could exhaust its money unless the commission increases contribution rates. Commissioners could vote March 12 on a staff-proposed order to raise fees. AUSF administrator Solix told commission staff “that although there were enough funds collected to fund the AUSF for January, February and March 2024, Solix has calculated that it's anticipated, by the end of April, the AUSF fund balance would be depleted and that the fund will not be able to pay the Commission-approved and contractual obligations to [Frontier Communications] and Solix, respectively, beginning in May 2024,” said a Tuesday (docket RT-00000H-97-0137). For basic local exchange and wireless service providers that interconnect with the public switched network, staff recommended increasing the monthly surcharge to 3.4 cents per access line, up from 2 cents, and to 34 cents per interconnecting trunk line, up from 20 cents. For intrastate toll service providers, Arizona commission staff recommended increasing the monthly surcharge to 45% of revenue, up from 34.1%. The new rates would start April 1 and would result in a $200,000 fund balance by year-end, a “reasonable level” that would “potentially eliminate the need to revise the AUSF surcharge rates again for 2024,” staff said. Arizona commissioners declined raising AUSF contribution rates in December (see 2312050032). Frontier is the only company receiving AUSF high-cost support.

Alabama awarded $148.3 million for last-mile broadband through the U.S. Treasury Capital Projects Fund, the governor's office said Tuesday. The state awarded 66 grants to 16 internet service providers across 48 counties, it said. Grant winners included AT&T ($7 million), Charter Communications ($44.8 million), Mediacom ($22.8 million) and Central Alabama Electric Cooperative ($22 million). The last-mile awards follow $188.5 million in middle-mile grants announced by Gov. Kay Ivey (R) earlier this month (see 2402050059).

The Vermont Senate approved a telecom bill Wednesday updating merger rules for communications union districts (CUDs), groups of two or more municipalities that build infrastructure in rural parts of the state. Proposed changes in S-199 will “simplify the process by which two or more CUDs can merge and provide additional flexibility related to CUD governance and business practices.” The measure next needs House approval.

Wireless carrier facilities in Hawaii would need eight hours of emergency backup power under a bill the state's House Commerce Committee cleared Tuesday. The panel voted 10-0 for HB-2710. The Technology Committee earlier passed it 8-0. The full House could vote next.

Alabama and Arizona received NTIA approvals on first volumes of their initial plans for the broadband, equity, access and deployment program. NTIA updated its "Initial Proposal Progress Dashboard" on Wednesday. The two states can now start their challenge processes. NTIA has approved 17 states’ first volumes, but volume 2 only for Louisiana. NTIA said four states are accepting challenges, while six states closed their challenge portals.

Municipal interests pushed back on a bill before the Missouri Senate Tuesday clarifying that streaming content is exempted from paying video franchise fees. In a Senate Commerce, Consumer Protection, Energy and the Environment Committee hearing on SB-947, Missouri Municipal League lobbyist Shanon Hawk of Armstrong Teasdale said municipalities started working with the Senate about eight years ago on updates to the state's public right-of-way rules, and streaming was part of that much larger conversation. She said subsequent updates included a promise that there would be a state task force on the future of right-of-way taxation, but that task force authorization expired in 2023 without ever meeting. Confusion remains about who must get a state franchise as a video service provider and municipalities are still trying to get right-of-way updates. ROWs are a financial liability for municipalities, as they carry maintenance and upkeep costs, said Pat Kelly, Municipal League of Metro St. Louis executive director. If streaming services don't pay using infrastructure in the ROW, taxpayers must, he said. Republican sponsor of the bill, Holly Thompson Rehder, said she had pushed for similar legislation when she worked as head of government relations for Galaxy Cablevision. She said streaming services weren't being considered when the state's Video Services Providers Act was passed, and that legislation never intended for streamers to be included under its franchise-fee obligations. She said franchise fees are intended to pay for actual access to rights of way. Levying a franchise fee on streamers is akin to levying such a fee on a cable provider's premium channels like HBO, she said. Representatives of Dish Network, DirecTV and Netflix all briefly testified in favor of the legislation. Backers of the bill repeatedly referred to franchise fees on streaming series as a tax that would be borne by those streamers' subscribers. Rehder said fee increases ultimately get passed to subscribers, and the clarification would prevent "our constituents from getting a tax increase, because that's exactly what this would be for them." The Municipal League's Kelly disputed that, calling it a fee. Similar legislation, HB-2057, has been introduced in the Missouri House.