Iowa will be the sixth state with a comprehensive privacy law. Gov. Kim Reynolds (R) signed SF-262 Tuesday. Privacy lawyers said it’s one of the most business-friendly statutes yet. Consumer Reports policy analyst Matt Schwartz “wouldn’t say it’s necessarily great news for consumers,” he said in an interview Wednesday.
The Oklahoma Corporation Commission softened a staff-recommended proposal to require carriers to notify other telecom companies about outages, after receiving AT&T opposition. At a livestreamed meeting Tuesday, OCC members voted 3-0 to approve a package of changes to state telecom rules in docket 2023-000005. Commissioners also agreed in the same matter to adjust directory rules and ban door-to-door Lifeline enrollment. The OCC also voted 3-0 for changes to state USF process rules (docket 2023-000005). All three commissioners opposed an alternative option to automatically approve staff-recommended changes to the contribution factor if the commission doesn’t issue an order within 31 days. AT&T Director-External Affairs Jason Constable said the outage reporting proposal was "extremely onerous and burdensome" and "technically infeasible." The commission instead should require carriers to provide, upon request, 24-hour contact information for discussing possible service outages, he said. Commissioners supported the contact-information approach with a plan to return to the item later. Contact information isn’t enough, said Bill Bullard, attorney for Consolidated Communications and other rural LECs. Bullard supported OCC staff’s original plan. "This is an ongoing problem that has gotten worse over the years." AT&T’s proposed requirement is already a standard part of the carrier’s contracts with CLECs, said Bullard. Commissioners also agreed with AT&T’s suggested change to a proposed rule requiring white pages directories only to areas where at least one person has requested a directory. Chairman Todd Hiett and Commissioner Bob Anthony supported Constable’s suggestion to increase that threshold to at least 10 requests, and to require publication every 18 months. CTIA warned last month that USF changes recommended by OCC staff to streamline the process could exacerbate the fund’s uncontrolled growth (see 2302270054).
Another state bill to require age verification and parental consent for social media advanced Tuesday. The Arkansas Senate Insurance and Commerce Committee unanimously voted by voice for SB-396 at a livestreamed hearing. Utah enacted a similar law last week (see 2303240035) and other states are advancing similar measures. The Arkansas proposal, which would apply only to new accounts and require kids under 18 to get parental consent to set up profiles on platforms that have at least $100 million in annual revenue, is “a reasonable solution to a serious problem,” said sponsor Sen. Tyler Dees (R). Some state senators asked about the proposal’s logistics, including how to prevent kids from faking their age and how to confirm the adult giving consent is a parent with that authority. NetChoice lobbyist Dustin Brighton urged the committee to reject the measure. "This isn't a parents' rights bill" but rather a "government knows better bill,” he said. Parents can handle this without government intervention, he said. NetChoice has concerns with the bill including a private right of action, Brighton added. Committee Vice Chair Reginald Murdock (D) and Sen. Mark Johnson (R) noted not all parents may be capable of regulating their kids’ social media usage, even though they should be. Sen. Justin Boyd (R) said in certain cases, as with smoking and movie ratings, “maybe the government does know better.”
"We have not ruled out any options” to respond to two Utah social media bills signed Thursday by Gov. Spencer Cox (R), said Computer & Communications Industry Association (CCIA) State Director Khara Boender Friday. Cox signed SB-152 which starting March 1 will require a social media company to verify age and require parental consent for any Utah resident under 18 seeking to open an account. He also signed HB-311, which will require parental consent for users under 18 and prohibit social media platforms “from using a design or feature that the company knows causes a minor to have an addiction to a social media platform.” Starting March 1, the state could penalize social platforms $250,000 for “for each practice, design, or feature shown to have caused addiction,” and up to $2,500 per minor exposed to the addictive feature. Parents could sue companies directly for financial, physical or emotional harms in certain circumstances. Utah created a website on the social media rules and Cox tweeted, “We’re no longer willing to let social media companies continue to harm the mental health of our youth.” Tech groups CCIA and NetChoice sued other states for social media laws. "CCIA is concerned whenever lawmakers enact measures that would result in additional privacy issues or a loss of beneficial information and services,” Boender said. “It is unfortunate that bills intended to restrict access for younger users may impact those who rely on creative outlets and support communities online, but not available in their physical location.” NetChoice said the bills are unconstitutional and will require businesses to collect more sensitive personal data to verify age. Also Thursday, Cox signed a public safety bill (SB-212), including a provision allowing agencies to create a public safety answering point to provide 911 service to noncontiguous areas (see 2302160026).
A Senate panel advanced a bill to end a 2005 state ban on municipal broadband. The Senate Local Government Committee voted 5-0 Thursday to send SB-183 to the floor, at a webcast hearing. Colorado’s broadband office and local governments supported the measure. SB-183 would repeal many parts of the state ban known as SB-152, which could inhibit the state from spending federal money if they remained, said sponsor Sen. Kevin Priola (R). The bill will help Colorado achieve 99% broadband access by 2027, he said. Even those who supported the 2015 law support SB-183, said another sponsor, Sen. Mark Baisley (R). Local ballot votes to opt out of SB-152 are often successful but costly, said Colorado Municipal League legislative advocate Jaclyn Terwey, supporting the bill. Fears that local governments would compete with ISPs haven’t come to pass, said attorney Ken Fellman, representing the Colorado Communications & Utility Alliance. Local governments want to help the private sector with broadband costs through partnerships, he said. Unless passed, counties and municipalities that haven't opted out could be ineligible for federal funding, said Colorado Broadband Office Executive Director Brandy Reitter. The bill includes some protections to avoid unfair competition, said Colorado Cable Telecommunications Association Executive Director Jeff Weist. He said the industry group is officially neutral on the bill.
North Dakota House appropriators wrestled with how to pay for 988 after legislators stripped a proposed 30-cent fee on phone bills from a funding bill (SB-2149). Industry opposed the surcharge, which would have applied to landline and postpaid cellphones, Rep. Craig Headland (R) said at a livestreamed House Appropriations Committee hearing Thursday. “The pushback ... was that those bills are already loaded up with fees.” North Dakota Public Service Chairman Randy Christmann (R) shared similar concerns with lawmakers, said Headland. The bill now proposes a $2 million appropriation from the general fund, but the authors “still don’t know what the right number is,” conceded Headland: A 30-cent fee would have generated about $4.2 million. Committee member John Nelson (D) suggested funding the program through the health and human services budget at an even smaller amount: “We need another $2 million added to that budget about as badly as we need more snow in Bismarck right now.” North Dakota must make sure it adequately funds 988, said Rep. Karla Hanson (D): “North Dakota has a huge suicide problem.”
Industry including NetChoice and CTIA slammed a Montana obscenity filter bill at a livestreamed hearing Wednesday. HB-349, which would require smartphones to have obscenity filters on by default, has constitutional problems, said NetChoice Vice President Carl Szabo. Only Utah has passed the law, and it won’t take effect until five more states do the same, he said. A better model would be a Louisiana law requiring pornographers to collect identification from users, said Szabo. HB-349 sponsor Rep. Lola Sheldon-Galloway (R) said she’s “frustrated” opponents didn’t come to her earlier to propose the Louisiana approach if it’s such a good idea. Requiring obscenity filters to be on by default isn’t hard to implement, she said. Vice Chair Willis Curdy (D) asked how Szabo could say the Louisiana law is working when it’s been in effect for only three months. Sen. Christopher Pope (D) thinks a big hole in HB-349 is that it covers only phones and not computers, he said. Rep. Terry Moore (R) testified in support, calling HB-349 “a simple measure that respects free speech." Project Stand Director-Public Policy Erin Walker said parents can easily override the restriction proposed by the bill. “This is not overregulation.” Tennessee senators punted a similar bill earlier this week (see 2303200068). The Computer & Communications Industry Association opposed Idaho, Montana and Tennessee filter bills, in written comments this week. “Requiring a state-specific content filter would be technically infeasible for businesses to implement as manufacturers produce devices at the national -- not state -- level,” said CCIA State Policy Director Khara Boender.
California policymakers should reconsider what counts as free broadband service as it doles out public housing grants, said the California Broadband and Video Association (CalBroadband) Tuesday. In a petition at the California Public Utilities Commission, the state cable association raised concerns with a December CPUC resolution (T-17775), saying services made free by the federal affordable connectivity program (ACP) aren’t truly free. CalBroadband’s petition should be rejected, two consumer advocates responded Wednesday.
A bill to reduce Florida’s communications services tax by 1.44 percentage points cleared the Regulated Industries Committee at a webcast Tuesday hearing. SB-1432 would reduce the Florida CST to 3.48% from 4.92% for communications services. Under an amendment adopted Tuesday, it would reduce by the same amount the tax for direct-to-home satellite service to 7.63% from 9.07%. The bill would also freeze local government CSTs at 2023 rates for three years. Florida TaxWatch President Dominic Calabro applauded the bill. "We're going to reduce one of the most regressive state and local taxes we have.” Florida Association of Counties don’t object to reducing the state tax, but counties use distributions from the tax for local projects and want to be “held harmless” for the reduction, said Deputy Director Bob McKee. He said the tax reduction would reduce state revenue by $19.3 million annually. Sponsor Sen. Jay Trumbull (R) disagreed that his bill would disadvantage counties. “It's just time to reduce the tax on tech.” The House has a similar bill (HB-1153).
A possible Texas preference for fiber split AT&T and Verizon at a Texas Senate Commerce Committee hearing livestreamed Tuesday. The committee heard testimony on a bill (SB-1238) meant to update Texas laws to prepare for incoming federal dollars from NTIA’s broadband, equity, access and deployment (BEAD) program. Also at the hearing, cities clashed with DirecTV and Dish Network over a bill (SB-1117) to ensure satellite and streaming TV services would not have to pay video franchise fees.