A district court was wrong when it allowed a 2023 Virginia law that gave ISPs access rights to railroad properties, the Association of American Railroads (AAR) said Monday at the 4th U.S. Circuit Court of Appeals (case 24-1399). AAR is appealing a U.S. District Court for Eastern Virginia decision to dismiss the lawsuit against state officials, including Virginia State Corporation Commission Judge Jehmal Hudson for lack of standing and other reasons (see 2404170052). The contested Virginia law allows broadband providers to obtain a license to cross and occupy railroad property for a one-time $2,000 fee and direct expenses of not more than $5,000, paid to the railroad. Among other provisions, the law requires that railroad companies approve ISP applications within 35 days unless they seek relief from the Virginia commission. In an opening brief at the 4th Circuit, AAR argued that the district court wrongly ruled the association lacked standing to bring the complaint because the law was “aimed directly at its members.” The Interstate Commerce Commission Termination Act (ICCTA) preempts the Virginia law, AAR argued. The ICCTA is a 1995 statute that set exclusive federal regulation of railroad transportation, AAR said. It “preempts any state law that discriminates against or unduly burdens rail transportation, including railroad property,” AAR noted. “And a government-sanctioned physical occupation of private property is a per se taking, requiring just compensation.” The lower court “wrongly conclud[ed] that discrimination is not a standalone basis for ICCTA preemption, but a mere limit on an unwritten ‘police powers’ exception to express ICCTA preemption,” it said. Meanwhile, in concluding that the Fifth Amendment's takings clause wasn’t violated, "the court lumped together different kinds of crossings, imported (and misunderstood) facts from an amicus brief, drew inferences against AAR, and wrongly assumed that after-the-fact compensation avoids a Takings Clause violation,” AAR said. Carriers will use the state law “to cross railroad property hundreds or thousands of times,” the railroads group said, arguing for its termination. Even if one crossing were "minimally intrusive," AAR said, "dozens or hundreds of permanent and immovable crossings will aggregate to hinder railroads’ use and development of their property."

The U.S. Supreme Court should reconsider its denial of a petition for certiorari from a group of Black voters challenging state methods for electing Georgia Public Service Commission members, the voters said Friday. The group filed a petition for rehearing in case 23-1060. Last month, the Supreme Court denied the original petition (see 2406240041). Then, on July 10, the 11th U.S. Circuit Court of Appeals denied rehearing en banc of a denial by one of its panels (see 2407100050). Noting dissents by three 11th Circuit judges, the petitioners wrote, “The July 10 order and accompanying opinions are ‘intervening circumstances of a substantial or controlling effect’ that warrant rehearing in this case.” The Supreme Court didn’t get to consider the en banc opinion before denying cert, they added. That’s because the 11th Circuit didn’t disclose until July 10 “that en banc proceedings had been ongoing,” petitioners said. Had it done so earlier, the deadline to file a cert petition “would have been extended until those proceedings resolved.”

In a dispute over an age-verification law, NetChoice and Mississippi asked to stay proceedings in the U.S. District Court for Southern Mississippi while the state’s appeal is pending. Mississippi appealed the court’s preliminary injunction of the law to the 5th U.S. Circuit Court of Appeals earlier this month (see 2407030076). District Judge Halil Suleyman Ozerden last week denied a request from Mississippi Attorney General Lynn Fitch (R) to stay the preliminary injunction (see 2407160038). Under a law that NetChoice challenged, parental consent is needed for those younger than 18 who access social media.

Kansas awarded $10 million in broadband grants to 12 ISPs, Gov. Laura Kelly (D) said. The ISPs combined provided $12.7 million in matching funds, Kelly's office said. The grants come from an $85 million program funded through the Kansas Transportation Department’s Eisenhower Legacy Transportation Program. The companies that received the most money were: KwiKom ($1.9 million), Midco ($1.79 million) and KanOkla Networks ($950,000).

New York state will adopt one-touch, make-ready (OTMR) and initiate other changes to state pole attachment rules, the New York Public Service Commission said Thursday. Commissioners revised state pole attachment rules through a unanimous vote on a consent agenda at a Thursday meeting. The state commission adopted OTMR for simple attachments in the communications spaces unless it’s precluded by collective bargaining, the PSC said in a news release. Other changes establish time frames for resolving disputes, create a pole-attachments working group and add annual reporting requirements for pole owners and attachers, the PSC said. Also, the PSC will require consideration of post-construction inspections and alternative pole attachment methods. The full decision wasn’t immediately available in docket 22-M-0101. “It will be posted in a day or so,” a PSC spokesperson emailed. New York PSC Chair Rory Christian said the changes streamline telecom and cable system collocation on utility-owned poles while ensuring “safe, adequate, and reliable utility service at just and reasonable rates.” The PSC received comments in March on a Dec. 18 staff white paper recommending OTMR and other rule changes (see 2403050043).

Connecticut received NTIA approval for volume 2 of its initial plan for the $42.5 billion broadband equity, access and deployment program. The state may now access its $144 million BEAD allocation, the federal agency said Thursday. NTIA has approved entire initial plans for 18 states, Puerto Rico and the District of Columbia. Also on Thursday, NTIA awarded $20.5 million to Michigan to implement its digital equity plan. Michigan is the second state that received funding through the $1.44 billion state digital equity capacity grant program.

Hawaii and Rhode Island received NTIA clearances for volume two of their initial plans for the broadband equity, access and deployment (BEAD) program. The approvals mean Hawaii can access its $149 million allocation and Rhode Island will receive $108 million, the federal agency said in news releases this week. NTIA has approved entire initial plans for 17 states, Puerto Rico and the District of Columbia.

The California Public Utilities Commission could vote this fall on an incarcerated people’s communications service (IPCS) decision, the CPUC signaled Wednesday. The commission extended its deadline until Oct. 17 to act in docket R.20-10-002. “Commission staff have been reviewing the data submitted related to the cost of providing IPCS services and related ancillary services,” it said. “The next procedural steps are the issuance of a staff report addressing permanent intrastate calling rates caps for IPCS services, as well as rate caps for ancillary fees and charges.” The agency will propose a decision after receiving comment and replies on the staff report, it said. The CPUC has a voting meeting Oct. 17. It would have to propose a decision one month prior. The deadline was originally May 29, 2023.

U.S. research and development performed by the semiconductor and other electronic components manufacturing industry reached $47.4 billion in 2021, an increase of 9.8% over 2020, the National Science Foundation said Tuesday. California accounted for $23 billion, or 51% of the total, Oregon for 15% and Arizona and Texas each had 8%, NSF said. Idaho and Massachusetts accounted for 3% each of the total.

A California bill requiring more reporting on the state’s middle-mile network is duplicative, Gov. Gavin Newsom (D) said. The governor on Monday vetoed AB-2708, which would have required the California Department of Technology (CDT) to annually report data about cost and timing related to the Middle Mile Broadband Initiative (MMBI). “The recently adopted 2024-25 Budget augmented funding for the MMBI and codified new and additional oversight and reporting requirements on CDT for the development and operation of the MMBI,” Newsom’s veto message said. “This bill is redundant to these efforts and creates an unnecessary ongoing workload for CDT without providing additional accountability or transparency to taxpayers.”