Hawaii Gov. Josh Green (D) vetoed a digital equity bill Tuesday. Last month, Green raised fairness concerns about HB-2359, saying it would stunt development of smaller, community-based networks in historically disadvantaged communities (see 2406240030).
The 11th U.S. Circuit Court of Appeals denied rehearing en banc a Voting Rights Act case involving the Georgia Public Service Commission. The denial by a majority of 11th Circuit judges follows the U.S. Supreme Court rejecting a petition for certiorari from a group of Black voters challenging Georgia's election methods (see 2406240041). An 11th Circuit panel said earlier this year that elections must remain statewide for the Georgia PSC’s five members, who represent five separate districts. Three 11th Circuit judges dissented from the en banc rehearing decision: Charles Wilson, Robin Rosenbaum and Jill Pryor. Judge Nancy Abudu recused herself. Section 2 of the Voting Rights Act "provides a necessary mechanism for challenging state and local electoral schemes that deny voters equal participation in the political process to elect representatives of their choice,” Wilson wrote in his dissent. “In its reversal of the district court's well-reasoned opinion, the panel improperly narrows [section] 2, eroding the guarantees of the Voting Rights Act." Rosenbaum noted that the 11th Circuit panel didn't disagree that "the existing PSC elections result in racial bloc voting that prevents Black voters in Georgia from electing their preferred candidates to the PSC"; however, it ruled against the petitioners because their proposed remedy isn't the same as the state's electoral system. But given that the state's existing system isn't equally open "to Black voters, that's the point,” Rosenbaum said: The panel opinion "ignores binding and long-standing law governing Section 2 cases," inappropriately extends court precedent and "replaces the appropriate framework for Section 2 challenges with its own single-minded test." Petitioners’ attorney, Brian Sells, emailed, “We're still reviewing today's opinions and haven't made any decisions about next steps yet.” Georgia didn’t comment.
Missouri's bill exempting streaming services from paying separate local use fees on top of those already levied on video service providers (HB-2057) was signed into law Tuesday, said Gov. Mike Parson (R). DirecTV, which has lobbied against such fees at statehouses, said Missouri was the 14th state adopting such legislation.
Global InterXchange’s (GIX) dark fiber route across the Hudson River is operational, the company announced Tuesday. It said the link is the first privately owned wired line between New York and New Jersey in more than 20 years. It connects telecommunications hubs at 60 Hudson St. in Manhattan and 165 Halsey St., Newark. The route was created in collaboration with the Port Authority of New York and New Jersey and “sets a new standard for connectivity across the Hudson River,” said GIX President Joe Falco.
Restrictions on cellphones in Virginia public schools are "essential ... to promote a healthier and more focused educational environment," Gov. Glenn Youngkin (R) said Tuesday in an executive order. It directs the state's secretaries of state and health and human resources, health commissioner, superintendent of public instruction and Department of Education to solicit public input for draft guidance on cellphone-free K-12 public schools. The state agencies also will issue model implementation plans giving school divisions options, such as pouches or dedicated cellphone lockers. Final state guidance on restricting or eliminating cellphone use during instructional time is due by Sept. 16, with school divisions adopting policies and procedures by Jan. 1, according to the EO.
The Arizona Corporation Commission belatedly cleared an AT&T restructuring in a unanimous vote on the consent agenda at a livestreamed Tuesday meeting. The carrier needed various state OKs for merging affiliate AT&T Corp. into the newly formed AT&T Enterprises. Commissioners approved a staff proposal that noted AT&T had completed the transition more than two months ago. Additionally, through the unanimous consent vote, the commission approved recommended orders granting Altafiber and Zayo Group certificates of convenience and necessity to provide competitive intrastate telecom service.
The California Privacy Protection Agency sought feedback on proposed data broker registration rules, the CPPA said Friday. Comments are due Aug. 20. The CPPA will also hold a virtual hearing that day at 1 p.m. PDT. California’s 2023 Delete Act authorized the agency to make registration rules. “The proposed regulations address common questions and obstacles that surfaced for data brokers in the initial registration period,” including about registration fees, statutory definitions and requirements for registration, registry updates and website disclosures, the CPPA said.
Indiana received NTIA approval for volume two of its initial proposal for the broadband equity, access and deployment program, the federal agency said Monday. Now the state can request access to its $868 million BEAD allocation. NTIA has approved entire initial plans for 14 states, Puerto Rico and the District of Columbia. Meanwhile, Maryland announced its BEAD challenge process. The window for contesting broadband maps will be July 16 through Aug. 15, the Department of Housing and Community Development said Monday.
A California bill on digital discrimination will advance to the Senate Appropriations Committee after clearing two policy committees Tuesday. Sponsor Assemblymember Mia Bonta (D) vigorously defended the bill including a disparate impact standard at the Communications Committee hearing that day (see 2407020062). AB-2239 would ban digital discrimination as the FCC defines it. “This is a win for disconnected Californians,” Bonta said in an emailed news release Wednesday. “Low-income communities and communities of color are disproportionately disconnected.” The California legislature returns from summer recess Aug. 5.
A U.S. district court judge dismissed businesses’ challenge to Maryland’s digital ad tax law Wednesday. U.S. District Court of Maryland Judge Lydia Kay Griggsby granted the state’s motion to dismiss and denied the U.S. Chamber of Commerce’s motion for summary judgment on the remaining count in the complaint. In January, the 4th U.S. Circuit Court of Appeals returned the case to the district court as it disagreed that a decision on the constitutionality of a related pass-through ban was moot (see 2401100060). The Maryland law’s pass-through prohibition “restricts protected speech, to the extent that this statute requires that a covered taxpayer not directly pass on the cost of the tax imposed” by the Digital Advertising Gross Revenues Tax Act, through a separate fee, surcharge or line item, Griggsby wrote. “But Plaintiffs have not met their burden to show that a substantial number of the Pass-Through Prohibition’s applications are unconstitutional, when judged in relation to the statute’s plainly legitimate sweep, to prevail on their First Amendment claim.”