New Jersey lawmakers merged two data broker bills at a livestreamed hearing Thursday. The Assembly Science, Innovation and Technology Committee voted unanimously to advance a committee substitute that combines A-4811 and A-5254 and would require a state data broker registry. A-4811 sponsor Assemblymember William Moen (D) will sponsor the combined bill, said his legislative director, Kyle Hanson. That there were two bills on the same subject shows it’s “crucial” to act, Moen told the committee: He pledged to work with stakeholders on the bill over “the next few months.”
Adam Bender
Adam Bender, Senior Editor, is the state and local telecommunications reporter for Communications Daily, where he also has covered Congress and the Federal Communications Commission. He has won awards for his Warren Communications News reporting from the Society of Professional Journalists, Specialized Information Publishers Association and the Society for Advancing Business Editing and Writing. Bender studied print journalism at American University and is the author of dystopian science-fiction novels. You can follow Bender at WatchAdam.blog and @WatchAdam on Twitter.
Commissioners supported cutting in half the Texas USF surcharge, unanimously without discussion, at a livestreamed Texas Public Utility Commission meeting Thursday. The monthly TUSF fee will drop to 12% from 24% of intrastate telecom revenue on July 1, which is when the commission expects to complete arrearage and interest payments to rural local exchange carriers that it underpaid (see 2305040026). Texas RLEC groups sounded optimistic Thursday they would be repaid.
The Maryland Supreme Court overturned a lower court’s ruling that the state’s digital ad tax is unconstitutional. In a four-page order Tuesday, the court agreed with the state that the Circuit Court for Anne Arundel County lacked jurisdiction because plaintiffs Comcast and Verizon failed to exhaust all their administrative remedies. The Supreme Court vacated the lower court’s March 14, 2022, order denying the state’s motion to dismiss, an Oct. 21 order partly granting the ISPs’ motion for summary judgment and denying the state’s motion, and the Nov. 18 final declaratory judgment. The state high court remanded the action to the circuit court with directions to dismiss. Writing the order, Chief Justice Matthew Fader said a majority of the court concurred and a forthcoming opinion will explain reasons for the decision. The Maryland Supreme Court decided the case just days after questioning parties on the administrative remedy issue at oral argument (see 2305050044). In a statement, Maryland Attorney General Anthony Brown (D) applauded the court “for acting quickly because the revenues generated by this tax will help us provide our children the best education possible for success.”
A District of Columbia Council committee supported confirming Heather McGaffin to direct the Office of Unified Communications. The Judiciary and Public Safety Committee voted 3-0, with Councilmember Christina Henderson (I) voting present, at a livestreamed meeting Tuesday. Committee members said the current OUC deputy director is well-qualified, but they want improvements at the 911 center, where recent audits found problems with incorrect addresses, miscommunication and dispatching delays (see 2303230070 and 2303150071). "OUC has struggled to provide reliable and quality service to residents for over a decade,” said Chairperson Brooke Pinto (D). “Reports of agency mismanagement and struggling performance have raised concerns with the public and create a somewhat strained relationship with” fire and police departments. The committee received more reports about overly long wait times calling 911 in the past few weeks, she added. OUC workers are "counting on the next director to act with urgency to provide staff with the training, support and structure that they need to be successful.” Councilmember Charles Allen (D) wants OUC to release “an actual action plan” with specific and “measurable steps” for implementing audit recommendations, he said. Also, Allen wants “a stronger and more proactive relationship with Council,” including monthly reports to the committee on call-taking and dispatching metrics, he said. Allen noted he remains concerned about problems including unanswered calls, blown addresses and lengthy hold and dispatch times. Councilmember Anita Bonds (D) joined Pinto and Allen in voting yes. A comprehensive plan is “sorely needed,” said Bonds, noting frequent concerns from constituents about dispatches to incorrect addresses. McGaffin has a “bold vision,” but Henderson said she voted present because she’s still waiting for sooner after-action reports and more comprehensive updates about investigations and specific incidents. Henderson said she wants that addressed before the full D.C. Council votes on confirmation. Mayor Muriel Bowser (D) nominated McGaffin in February.
Reject incumbent ISPs’ “self-serving recommendations” for California rules on broadband, equity, access and deployment (BEAD) program funding, urged Center for Accessible Technology (CforAT). The California Public Utilities Commission received reply comments Monday in its BEAD rulemaking (docket R.23-02-016). Incumbents submitted ideas in opening comments (see 2304180075) that “would only serve to entrench these incumbents’ existing market power and would artificially exclude support for more qualified applicants that are more responsive to the communities they serve,” said CforAT. But BEAD isn't "a government handout to convince incumbents to provide broadband to unserved and underserved communities while reaping the highest possible profits and providing the fewest possible community benefits,” the consumer advocate said. The California Broadband and Video Association countered that the CPUC should reject proposals that exceed Congress’ and NTIA’s guidance. Don't direct funding toward overbuilding or "ignore commercial providers’ expertise in deploying and operating broadband networks in favor of applicants that lack such experience,” the state cable group said. GeoLinks chafed at CforAT and the Electronic Frontier Foundation implying in their opening comments that non-fiber technologies are inferior. NTIA has been clear that multiple technologies can provide reliable service, including wireless, said the CLEC: Don't set the extremely high cost per location threshold (EHCT) "so high as to risk a handful of fiber projects in extremely hard-to-build areas gobbling up most" BEAD funding. The wireless industry continued to urge the CPUC not to preclude fixed wireless. "There is no meaningful downside risk of setting the EHCT ‘too low’ because the Commission retains complete flexibility to prioritize and select broadband projects based on whatever factors it deems appropriate, including speed, capacity, cost, and time to deploy,” said CTIA. Wireless costs less and deploys faster, the Wireless ISP Association wrote. Fiber doesn’t cost more in the long term, disagreed Communications Workers of America. "Although fixed wireless has a lower upfront capital cost, costs are comparable over 30 years because of higher ongoing costs, for example equipment replacement," CWA said. The Corporation for Education Network Initiatives in California suggested the CPUC wait to set the threshold until NTIA announces California's BEAD allocation.
A possible path to averting Alaska USF’s June 30 termination emerged in comments last week at the Regulatory Commission of Alaska. The Department of Law (DOL) told the RCA it would consider approving an extension on an emergency basis if the commission fixes legal defects with an earlier proposal to extend the AUSF sunset by three years. Meanwhile, telecom companies and public advocates warned of rate increases and degraded service if commissioners allow the fund to die.
The Florida House set up a potential fight with the opposite chamber after passing the Senate’s comprehensive privacy bill Wednesday, with amendments. Meanwhile, a New Hampshire House committee kicked the can for six months on its own privacy bill. Earlier this week, Indiana’s Eric Holcomb (R) became the seventh governor to sign a privacy bill into law.
A New York Senate panel quickly cleared a social media bill and three others by voice vote at a livestreamed meeting Tuesday. The Internet and Technology Committee sent to the Finance Committee a bill (S-895) that would require social platforms to clearly post terms of service for users, including a description on how to flag content, in English and in New York state’s 12 most common non-English languages. Also, it would require companies to report to the attorney general on service terms, including how they define “hate speech or racism, extremism or radicalization, disinformation or misinformation, harassment, and foreign political interference,” how companies enforce policies and what steps they have taken. “Social media platforms have not taken appropriate steps to manage the spread of hate speech, racism and misinformation,” says the bill by Sen. Brad Hoylman-Sigal (D). “Most do not even [provide] clear policies around enforcement, let alone clear reports on their enforcement process.” The committee sent to the floor S-6323 by Chair Kristen Gonzalez (D), which would allow identity theft victims to provide photo ID at retail stores in-person to recover their online accounts. Also, the panel sent to the floor S-2659 by Sen. Leroy Comrie (D), which would amend the state data breach law to require credit reporting agencies to disclose a breach within 15 days. And the committee cleared for floor vote S-5410 by Sen. Nathalia Fernandez (D) to require state agencies to maintain mobile friendly websites. Also Tuesday, the Senate Transportation Committee cleared a broadband bill (S-3133) by Sen. John Mannion (D). It would stop the New York transportation department from requiring surveys for proposed fiber deployments that use the state’s right of way.
WILLIAMSBURG, Va. -- Quickly restoring FCC spectrum auction authority is critical with the World Radiocommunication Conference approaching in late fall, said government officials at the FCBA annual seminar Friday and Saturday. FCBA members heard from FCC commissioners and NTIA officials on a variety of other issues, including possible "Buy America" waivers for the broadband equity, access and deployment (BEAD) program.
Texas House members showed wide support for creating a state fund for broadband infrastructure this week, voting 137-7 for a proposed constitutional amendment Wednesday on its second reading. On Thursday, the Senate received HJR-125 and the House voted 140-8 for companion bill HB-9 on third and final reading. Rural carriers applauded the House for passing the measures, which they said would help fill gaps from the state not fully funding Texas USF. “We will now shift our focus to the Senate where we hope to find similar support,” said Texas Telephone Association (TTA) President Mark Seale.