The Wisconsin Public Service Commission awarded more than $27.8 million for broadband adoption and digital navigators using American Rescue Plan Act money from the U.S. Treasury’s Capital Projects Fund, Gov. Tony Evers (D) said Friday. The 11 funded projects will provide loaned devices to 52,409 households and free Wi-Fi to 33,682 households, the governor’s office said. The largest of the Wisconsin awards was $16.5 million for United Way to distribute 33,000 devices to low-income households.

Interconnected VoIP providers are telephone corporations subject to the same laws and rules as other wireline and wireless telcos, the California Public Utilities Commission said in a proposed decision Friday. The CPUC may vote as soon as Oct. 17 on the item that aims to set a regulatory framework for VoIP providers (docket R.22-08-008). Consumer groups dismissed industry concerns that VoIP regulation is federally preempted (see 2307030036). "California’s Constitution specifically extends the Commission’s jurisdiction to companies engaged in ‘the transmission of telephone and telegraph messages,’” said the draft. “This includes services delivered over any technology, including but not limited to, traditional copper lines, coaxial cable, fiber optic cable, and mobile or fixed wireless radios.” Under the proposal, the CPUC would create two utility type designations. Digital voice nomadic (DVN) providers, covering those with only nomadic interconnected VoIP services, would be subject to a registration process similar to the CPUC's existing wireless identification registration, it said. Digital voice fixed (DVF) providers that sell fixed interconnected VoIP would "continue to be subject to operating authority requirements similar to traditional wireline service providers,” the draft said. DVN and DVF providers would be required to post performance bonds, pay the CPUC user fee and file annual operating and affiliate transaction reports, it said. The state commission would require facilities-based interconnected VoIP providers to obtain certificates of public convenience and necessity to operate in California. Non-facilities-based fixed interconnected VoIP service providers would use the Public Utilities Code Section 1013 registration process to get operating authority. The CPUC proposed an automatic migration process for interconnected VoIP providers already registered under the previous informal process under Section 285. Also, the CPUC would remove some existing requirements for wireline telcos to align with the interconnected VoIP rules, the draft said. The agency said improvements to application processes for operating authority would include "standardized fees and performance bond amounts," an expedited 21-day California Environmental Quality Act review process and "presumptive confidential treatment of certain financial and business information."

Fewer than 1% of Californians exercised opt-out rights with the largest data brokers last year, a Consumer Watchdog report released Thursday found. The consumer group said it analyzed opt-out numbers for Experian, Acxiom and LiveRamp. People probably aren’t exercising their rights under the California Consumer Privacy Act (CCPA) in higher numbers “because these rights aren’t user friendly, as opting out has to be done website by website, and that takes forever,” said Justin Kloczko, Consumer Watchdog tech and privacy advocate. That could soon change, he said. Under the 2023 Delete Act, Californians will be able to delete all data that a data broker collects in one step starting in 2026, said Kloczko. In addition, if Gov. Gavin Newsom (D) signs AB-3048, which passed the legislature last month (see 2408290005), consumers will be able to opt out from the sale of and sharing data on all websites through a required option in web browsers, he said.

NTIA cleared three more initial plans for the broadband equity, access and deployment (BEAD) program. Idaho may now access its $483 million BEAD allocation, while North Dakota can tap $130 million and American Samoa $37 million, NTIA said Thursday. The federal agency has approved initial BEAD plans for 43 of 56 U.S. jurisdictions. It approved New Jersey’s plan Sept. 6 (see 2409090009). Also Thursday, Colorado started accepting applications for its $826.5 million BEAD allocation. “Being one of the first to open this funding positions us ahead of other states and territories, and will lead to Colorado completing projects faster,” said Gov. Jared Polis (D) in a news release.

Vermont wants to make it cheaper for residents living more than 400 feet from roadways with fiber lines to connect to high-speed internet, the Vermont Community Broadband Board (VCCB) said Thursday. The board unanimously approved a resolution directing staff to develop a program that would provide funds to qualified providers to cover the extra cost to reach farther-away, low-income Vermonters, the VCCB said. The board estimated it can cost several thousands of dollars for aerial drops -- and more for underground drops. The planned Long Drop Program fund will use $1.5 million from Vermont’s Connectivity Initiative and up to $2.5 million in federal funding from the U.S. Treasury’s Capital Projects Fund that returned to the VCCB after some previously awarded broadband projects came in under budget, the board said. Inviting comments on the program while it’s developed, the VCCB said it plans to issue a request for proposals “toward the end of the year.”

The U.S. District Court of Utah granted NetChoice’s request for a preliminary injunction against the state’s Minor Protection in Social Media Act, which was set to go into effect in October. The injunction bars Utah from enforcing the law until NetChoice’s legal challenge is resolved (see 2407230034). The court “recognizes the State’s earnest desire to protect young people from the novel challenges associated with social media use,” said the ruling Tuesday from Judge Robert Shelby. “But owing to the First Amendment’s paramount place in our democratic system, even well-intentioned legislation that regulates speech based on content must satisfy a tremendously high level of constitutional scrutiny.” Utah Attorney General Sean Reyes (R) hasn’t, Shelby wrote. “Utah’s law not only violates the First Amendment, but if enforced would backfire and endanger the very people it’s meant to help,” NetChoice Litigation Center Director Chris Marchese said in a news release. This ruling is NetChoice’s sixth successful request for an injunction against a state social media law. “We look forward to seeing this law, and others like it, permanently struck down and online speech and privacy fully protected across the country,” Marchese said. Shelby said that the law was underinclusive in what companies and websites it applied to and that its provisions against autoplay didn’t appear to prevent the behavior it targeted. “Defendants do not offer any evidence that requiring social media companies to compel minors to push ‘play,’ hit ‘next,’ and log in for updates will meaningfully reduce the amount of time they spend on social media platforms,” Shelby wrote. “We’re disappointed in the district court’s decision preliminarily enjoining Utah’s Minor Protection in Social Media Act," a spokesperson for Reyes said. "The AG’s office is analyzing the ruling to determine next steps. We remain committed to protecting Utah’s youth from social media’s harmful effects.”

The Nebraska Public Service Commission later this month will consider adjusting the Enhanced Wireless 911 Fund surcharge, state commissioners agreed unanimously at a livestreamed Tuesday meeting. The Sept. 24 hearing in docket 911-002 starts at 11:30 a.m. CDT.

A disappointed Lumen is reviewing its options after the Washington Utilities and Transportation Commission rejected a proposed settlement between the company and UTC staff related to the state’s method of regulation, a Lumen spokesperson said Tuesday. The pact would have reduced regulation of the telco by classifying Lumen’s CenturyLink ILECs as competitive. In a 3-0 order Friday, the commission took issue with a proposed process for discontinuing service in challenging customer locations (CCLs), which the agreement defines as “an existing CenturyLink local service customer location in Washington that lacks both fixed internet availability from at least one provider at [25 Mbps download and 3 Mbps upload] speed or greater priced at $61.13 per month or less, and mobile wireless service at $61.13 per month or less.” Under the pact, CenturyLink would have to get UTC approval before discontinuing stand-alone residential or business exchange service to any area including a CCL. However, the commission agreed with concerns by the state attorney general’s public counsel office that “that the CCL definition is too narrow, and that the discontinuance process could leave some customers without adequate service.” The commission sought “broader protections and a more stringent approval process.” The UTC added that “CenturyLink, a profitable company that has previously accepted federal money to provide these services to customers needs to do more to meet the needs of its most vulnerable customers who would be affected by the inequities of this proposal.” The rejection means a “temporary extension” of the current alternative form of regulation (AFOR) scheme until parties can adjust the settlement and the commission can resolve Lumen’s Jan. 8 petition seeking competitive reclassification, said the order in docket UT-240029. CenturyLink has operated for nearly a decade under an AFOR in Washington state (see 2402060015). Lumen “worked closely with [Washington UTC] staff to reach a settlement creating a comprehensive new regulatory structure reflective of today’s competitive market,” said the company’s spokesperson. “The proposed settlement contained multiple levels of safeguards that ensured no CenturyLink customers would be left without service.”

Following a letter last month to the state's school district superintendents and trustees urging them to adopt cellphone-free school policies, Montana Gov. Greg Gianforte (R) is on a 56-county tour to discuss the matter, the state said Tuesday. In the letter, Gianforte said it was "critical for all Montana schools to adopt such a policy" for student health and educational issues. He said Montana will start working with education and health officials to develop resources districts can use in crafting and implementing cellphone-free policies.

By not issuing a written reason, Elkhart, Indiana, improperly denied Verizon Wireless’ application to build a 135-foot monopole, the U.S. District Court for Northern Indiana ruled Friday. The court granted summary judgment for Verizon but remanded the matter to Elkhart’s Board of Zoning Appeals (BZA) to provide the missing explanation by Oct. 21. Verizon argued that the BZA’s unanimous decision violated Section 332 of the 1996 Telecom Act, but the city claimed that substantial evidence supported its denial. In a Friday opinion, Judge Damon Leichty said the BZA violated the Telecom Act (TCA) because it gave “no written reasons for its denial that would facilitate a meaningful appeal or enable judicial review.” As a result, “Verizon cannot meaningfully articulate a challenge to any one reason, if in fact any reason existed,” Leichty wrote. However, the court decided it will give BZA a chance to explain. “There is no question the BZA violated the TCA in never providing a written explanation, but no one seriously contends that it otherwise acted with anything but reasonable promptness in its decision,” said the judge. “Accordingly, the court will remand this matter to the BZA for a prompt TCA-compliant decision. The court will be receptive to expedited briefing and review of this matter should the BZA decline to issue the variance without such a compliant decision or without substantial evidence, upon any necessary appeal and assignment here.”