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.”

NTIA approved New Jersey's initial proposal for the broadband, equity, access and deployment program Friday. The state was allocated more than $263 million. NTIA has approved initial BEAD plans for 40 eligible entities. It approved Mississippi and South Dakota's plans last month (see 2408290037).

The District of Columbia’s 911 office staff can expect more D.C. Council scrutiny this fall, Judiciary and Public Safety Chair Brooke Pinto (D) said Monday. Pinto, in a news release, said she has “deep concern around continued errors and challenges” at Office of Unified Communications. Accordingly, Pinto promised monthly oversight hearings about the OUC and will make biweekly surprise visits to the 911 center. Also, Pinto plans to introduce a bill that would require public release of after-action reports within 45 days of incidents where errors may have led to serious injury or death. Also, the measure would require release of computer-aided dispatch (CAD) reports and 911 call recordings and transcripts. Dave Statter, a former journalist who regularly blogs and tweets about OUC, gave a mixed review of Pinto’s plan in a blog post Monday. Requiring OUC to disclose 911 calls and CAD reports is good because the office has refused to release that information, he said. “Unfortunately, the legislation … still allows DC911 to self-investigate critical incidents.” OUC has received much scrutiny over incidents where incorrect addresses and miscommunication prompted dispatching delays (see 2402080059).

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.”

The Maine Public Utilities Commission is seeking information on E-911 costs for public safety answering points and dispatch centers, it said Thursday in a notice of inquiry (docket 2024-00249). A 2024 state law requires such reports annually. Comments are due Sept. 27.

New York has until Oct. 15 to answer ISP groups’ application seeking a U.S. Supreme Court stay of the state’s Affordable Broadband Act, Justice Sonia Sotomayor ordered Thursday in case 24A138. The state asked for the 30-day extension earlier last week (see 2409040022). Sotomayor didn’t appear to address New York’s other request for extending the Sept. 13 deadline to respond to the ISP groups’ petition for certiorari.

Texas Attorney General Ken Paxton (R) wants the 5th U.S. Circuit Court of Appeals to reverse a district court ruling that partially blocked a state law requiring age-verification to prevent kids from seeing harmful content online. Paxton filed a notice of appeal Thursday at the U.S. District Court for the Western District of Texas (docket 1:24-cv-00849). The district court ruled last week that the law likely violates the First Amendment (see 2409030039). The Computer & Communications Industry Association, the plaintiff in the case, looks "forward to demonstrating to the appellate court why the First Amendment prohibits such state legislation," said CCIA Chief of Staff Stephanie Joyce.

GCI Communications "successfully restored basic mobile voice and text services using alternative technologies" following a subset fiber break last week in Sitka, Alaska, a spokesperson told us this week. Customers are still unable to use mobile data, internet and Yukon TV services, the spokesperson said, but a "fiber repair ship is en route and is expected to be at the site of the break by the end of the week." Repairs could take up to six days "depending on the complexity of the situation and other challenges that may arise," he said: "We understand this is frustrating and appreciate our customers’ patience as we work to fully restore services as quickly as possible."

New York sought 30-day extensions to two U.S. Supreme Court deadlines related to ISP groups’ challenge of the state’s Affordable Broadband Act. Last month, ISP groups asked the high court to review a 2nd U.S. Circuit Court of Appeals 2-1 ruling that federal statute doesn't preempt the 2021 state law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2408130021). Currently, New York must respond to the petition for certiorari by Sept. 13 and industry groups’ stay application by Sept. 16 in case 24A138. However, in a Wednesday letter to SCOTUS, New York Solicitor General Barbara Underwood said “upcoming oral arguments and briefing deadlines in other matters will make it very difficult for me and for the other attorneys on this matter to meet the current deadlines.” A 30-day extension “would provide respondent with an opportunity to respond as appropriate to the amicus briefs that we have been told will be filed in support of the petition,” she added. Underwood said she was told petitioners “consent to this extension request.”

New York should ban children from using cellphones during the school day, Gov. Kathy Hochul, D-N.Y., said Wednesday. New York is one of several states considering legislation and policies either restricting or banning children from using cellphones in school (see 2406070065). Virginia Gov. Glenn Youngkin (R) signed an executive order in July that would implement restrictions by January. Legislators in Utah are considering a cellphone ban proposal, and California is advancing legislation (see 2408280033). Hochul during a Semafor livestream was asked if she thinks New York should implement a ban. “I personally do,” she said, noting she will be meeting with school union officials who support the proposal in the coming weeks. Hochul said she recognizes some parents are “anxious” about the prospect, especially if it could affect communication during a school shooting or crisis. If there’s a mass shooter, students should be following instructions from teachers and staff, not texting or recording the incident, said Hochul: Their attention should be on the adults who can bring them to safety. The purpose of school is to raise adults who can interact with each other and “make eye contact,” said Hochul. This generation isn’t communicating on a “human level” because of its dependency on cellphones throughout the day, she said: Students are supposed to be “paying attention and learning in school.” FTC Consumer Protection Director Samuel Levine said Hochul is correct that social media companies intentionally try to addict children. The agency welcomes states, both Democratic- and Republican-led, responding to this “real mental health crisis” for kids and teens, he said.