An Ohio court can and should call Google Search a common carrier, the state argued Friday. "Ohio common carrier law needs no expansion … Google Search meets each and every criterion with no need to resort to the creative interpretation that Google proposes." In a separate opposition brief, Google protested that it’s nothing like a common carrier: "Google is not a 'dumb pipe' or 'mere conduit.' Ohio and Google responded to each other’s January cross-motions for summary judgment in case 21-CV-H-06-0274 at the Ohio Court of Common Pleas, Delaware County (see 2401260074). Reply briefs are due March 15 and trial is set for Sept. 3 under the court’s schedule. Judge James Schuck refused to dismiss Ohio’s lawsuit in May 2022, ruling that Ohio “stated a cognizable claim” that Google could be a common carrier (see 2205260057). The Ohio Chamber of Commerce supported the company in a Thursday amicus brief, arguing that Ohio’s attempt to regulate the search company would be “anti-business.” Concerns about how a big tech company participates in public discourse "provide no basis for making a novel exception to well-established common carrier tenets,” wrote the chamber.
The Wisconsin legislature passed a bill last week repealing a tax on personal property of telephone companies. The Assembly voted 90-7 Thursday and the Senate voted 30-2 Tuesday approving SB-323. Also on Thursday, the Wisconsin Assembly passed a bill that would require wireless carriers to provide device location information to law enforcement without a warrant if the subscriber consents and the company believes disclosure could prevent a person’s death or injury or if it receives a written law enforcement request stating that disclosure is needed to respond to an emergency call or situation involving possible death or serious physical injury. AB-960 also would give wireless providers immunity from criminal liability for such disclosures. The similar SB-890 cleared a Senate committee earlier this month (see 2402090055).
Florida’s proposed social media ban for kids younger than 16 will head to Gov. Ron DeSantis (R). The House voted 108-7 Thursday to concur with Senate changes to HB-1, which also would require age verification to block kids less than 18 from pornography online. DeSantis said he has concerns about the bill restricting parents from allowing kids to have social media accounts (see 2402220051). The Senate passed HB-1 by a 23-14 vote earlier Thursday.
The Kansas House supported a 911 administration shakeup in a 117-3 vote Thursday. HB-2690 would replace the Kansas 911 Coordinating Council with a state 911 board. Also, it would allow counties to contract with each other to consolidate public safety answering points and require transfer of 911 fees collected from monthly phone bills and prepaid wireless sales to various state 911 funds at the state treasury. Also Thursday, the House unanimously passed a bill to end a recurring state 911 audit (see 2402220062).
AT&T’s nationwide wireless outage last week shows why California regulators shouldn’t relieve the company of carrier of last resort (COLR) obligations, Communications Workers of America said. COLR requires AT&T to make landlines available to anyone who requests them across the state. The hourslong wireless outage (see 2402220058) showed that landlines remain important, CWA District 9 Vice President Frank Arce said Thursday. As such, the California Public Utilities Commission should reject “AT&T’s attempt to cut service to our most vulnerable residents,” he said. An AT&T spokesperson responded Friday, “We are not canceling landline service in California, and none of our California customers will lose access to voice service or 911 service.” The carrier said it's focused on upgrading customers to fiber and wireless technologies that consumers increasingly demand. “No customer will be disconnected, and we’re working with the remaining consumers who use traditional landline service to upgrade to newer technologies.” AT&T is pushing for quick CPUC action on its COLR relief petition (see 2402210038). The carrier disclosed in a Thursday ex parte notice that it plans to meet virtually Tuesday with aides to Commissioner Karen Douglas.
Maine could designate wireless companies as eligible telecom carriers (ETCs) for the federal Lifeline program under a bill a legislative panel approved Thursday. The Technology Committee voted 10-0 to advance LD-2193 by Sen. Matthew Harrington (R). Like some other states, Maine relies on the FCC to designate mobile phone providers as ETCs. The Florida Senate passed a similar measure Wednesday (see 2402210055).
The Ohio Public Utilities Commission revised retail telecom service rules as part of a five-year review. All four commissioners supported the Ohio PUC order Wednesday. Staff had proposed nonsubstantive changes clarifying language and updating cross-references (see 2311010060).
Kansas House members unanimously supported ending a recurring state 911 audit. The House voted 120-0 Thursday to pass HB-2483, which would eliminate a five-year audit by the Kansas Legislative Division of Post Audit that checks if public safety answering points are appropriately using 911 funding, whether they have enough money, and the status of 911 service implementation (see 2401180065). It will go to the Senate.
NTIA cleared three more states, plus Puerto Rico, to start their challenge process in the broadband, equity, access and deployment program, the agency said in a weekly update to its progress dashboard. NTIA approved BEAD initial plan volume 1 for Nebraska, Nevada, Pennsylvania and Puerto Rico, making 15 states and territories total, the agency said Wednesday. NTIA approved the second volume for only one state, Louisiana, two months ago (see 2312150047).
The Virginia House Commerce Committee cleared a Senate-passed bill on pole attachments (SB-713) in a 22-0 vote Tuesday. The committee earlier this month approved a similar House bill (HB-800) regulating how public utilities handle attachment requests (see 2402090062). SB-713 can now go to the full House. HB-800 is currently in the Senate Commerce Committee.