Adam Bender

A controversial AI safety bill in California isn't expected to have major consequences for the telecom sector, though some lawyers said last week it could have indirect effects. Gov. Gavin Newsom (D) has until Sept. 30 to sign or veto SB-1047, which the legislature passed last month (see 2408290005). The measure would require large AI developers and those providing computing power to train AI models to implement protections for preventing critical harms. Several top tech associations oppose signing the bill into law despite support for it from consumer groups and SpaceX founder Elon Musk.

CTIA presented a 109-page argument against California regulating wireless service quality. Comments were posted through Tuesday at the California Public Utilities Commission. The commission is weighing a staff proposal that moves away from the CPUC’s light-touch approach to wireless and interconnected VoIP. While industry widely panned the plan and hinted at lawsuits, public advocates said expanding regulation of newer voice services is a must.

California lawmakers supported stopping kids from accessing social media through smartphones at school before the 2024 legislative session wrapped up last week. On Friday, the Assembly voted 51-0 for SB-1283, which would require that schools to adopt limits or bans on student use of smartphones. The legislature passed a similar bill (AB-3216) earlier last week (see 2408280033). Amendments to SB-1283 ensure the bill won’t expand surveillance of children but simply keeps them off social media at school, said Assemblymember Rebecca Bauer-Kahan (D) on the floor. Also Friday, the legislature passed a bill to require social media platforms to have a staffed hotline for responding to law enforcement information requests, and to comply within 72 hours to search warrants. No senator opposed concurring with Assembly changes to SB-918. Voting continued after our deadline. On Thursday, state lawmakers passed video franchise and privacy bills. The Assembly voted 50-16 Thursday to concur with Senate changes to AB-1826 to update the state’s 2006 video franchise law, the Digital Infrastructure and Video Competition Act. If signed by Gov. Gavin Newsom (D), the bill will increase DIVCA fines for service-quality problems and seeks increased participation from the public and its advocates in the franchise renewal process. The Assembly also concurred with the Senate on AB-1949, which would set stricter limits on sharing children’s personal data under the California Consumer Privacy Act. Also on Thursday, the Assembly voted 71-0 to pass SB-1504, which would tighten a cyberbullying law that requires social platforms to have reporting mechanisms. It still needed another vote in the Senate. The same day, the Senate voted 30-2 to pass AB-2481, which would create a mechanism for people who report threatening content on social media platforms. That bill still needed another vote in the Assembly. The legislature earlier passed bills on AI, privacy, social media and network resiliency (see 2408290005 and 2408280033).

A state court allowed an Iowa lawsuit against TikTok that claims the social media company duped parents about children’s access to inappropriate content. The Iowa District Court for Polk County in Des Moines denied TikTok’s motion to dismiss the state’s Jan. 17 petition in a ruling this week. While the court also denied Iowa’s motion for preliminary injunction, Iowa Attorney General Brenna Bird (R) said in a Wednesday statement that the decision is “a big victory in our ongoing battle to defend Iowa’s children and parents against the Chinese Communist Party running TikTok. Parents deserve to know the truth about the severity and frequency of dangerous videos TikTok recommends to kids on the app.” Bird claimed TikTok violated the Iowa Consumer Fraud Act through misrepresentations, deceptions, false promises and unfair practices, which allowed it to get a 12+ rating on the Apple App Store despite containing content inappropriate for kids aged 13-17. “Considering the petition as a whole, the State has submitted a cognizable claim under the CFA,” wrote Judge Jeffrey Farrell. TikTok doesn’t get immunity from Section 230 of the Communications Decency Act because the state’s petition “addresses only the age ratings, not the content created by third parties,” the judge added. However, Farrell declined to preliminarily enjoin TikTok since the state hasn’t “produced any evidence to show an Iowan has been viewed and harmed” by videos with offensive language or topics. The judge said, “The State presented no evidence of any form to show irreparable harm.” TikTok didn’t comment Wednesday.

Pennsylvania should quickly adopt the FCC’s December changes to pole attachment rules, Verizon and wireless companies said in comments posted Tuesday at the Pennsylvania Public Utility Commission. Some additional work may be needed to adapt the FCC’s rapid-response team, they acknowledged in docket L-2018-3002672. However, energy companies disagreed with the Pennsylvania PUC adopting either the team or a rule requiring reports on pole inspection.

California appropriators last week halted multiple telecom-related bills meant to help vulnerable communities. Assemblymember Mia Bonta (D) blamed the broadband industry after the Senate Appropriations Committee held back her bill that would have banned digital discrimination as the FCC defines it (AB-2239). However, that committee and its Assembly counterpart advanced several other telecom and privacy bills to final floor votes.

A change in presidential administration doesn’t worry state broadband offices around the U.S., though stability in NTIA's broadband equity, access and deployment (BEAD) program would help, several directors from red, blue and purple states said. Since President Joe Biden stepped aside, a new president in 2025 is certain. Yet in interviews this month at the Mountain Connect conference in Denver, state leaders stressed that their goal of expanding high-speed internet to everyone will remain no matter who wins in November. A President Kamala Harris is seen as especially unlikely to change NTIA’s BEAD program in major ways, several said.

Seeking to invalidate New York’s Affordable Broadband Act, ISP groups asked that the U.S. Supreme Court review a 2nd U.S. Circuit Court of Appeals 2-1 ruling that federal statute doesn't preempt the state law. However, SCOTUS should wait until lower courts finish reviewing the FCC’s net neutrality order, CTIA, NTCA, USTelecom, ACA Connects, the Satellite Broadcasting and Communications Association and the New York State Telecommunications Association said in a petition for a writ of certiorari Monday.

T-Mobile condemned a plan allowing people without social security numbers to seek low-income telephone support in California. In comments this week, T-Mobile subsidiary Assurance Wireless said the California Public Utilities Commission’s July 22 proposed decision "poses a serious threat to the integrity and the functionality of” California LifeLine. Consumer advocates applauded the plan that requires providers to accept applications from those without SSNs, though they raised major privacy concerns with a proposal to use LexisNexis’ TrueID authentication software for identity verification. The CPUC may vote Aug. 22 on the proposal in docket R.20-02-008 (see 2407230040).

States may not be able to use money from NTIA’s broadband equity, access and deployment (BEAD) program to fund areas where an entity has defaulted on rural digital opportunities fund (RDOF) commitments, three state broadband directors said during a panel Wednesday at Mountain Connect in Denver. Should a company default on RDOF after NTIA has approved a jurisdiction’s dataset of available locations resulting from that state's or territory’s challenge process, “our hands are … tied” and BEAD can't fund that area, Sarah Baska, Georgia broadband director, said. “If we have remaining funds after we go through all the awards, we were told we cannot use those funds to … go back and rebid those areas.” Remaining money can be used only for nondeployment expenses, Baska added. Virginia interprets NTIA’s policy the same way, according to Chandler Vaughan, associate director of that state’s broadband office. “If we certify our challenge results with NTIA on Sept. 1 and there is an RDOF default on Sept. 2, we cannot get to that location under the BEAD program. No exceptions.” Arkansas State Broadband Office Director Glen Howie said NTIA should be aware of this concern. “Once our map is locked, our map is locked” and the state can’t do anything about defaults that occur afterward, he said. “It’s critically important that the federal government” understands that if there are defaults on any broadband program, “they have to be on the hook to find a new awardee,” said Howie. “That’s the only way that this thing will work.” At Mountain Connect this week, state broadband directors reported progress meeting BEAD requirements as they prepare to distribute $42.5 billion across the U.S. next year (see 2408070029 and 2408060048).