California Gov. Gavin Newsom (D) issued judgments on a variety of telecom, privacy and social media bills before the legislative session ended Monday. The governor signed AB-2765, which requires that the California Public Utilities Commission report on inspections that ensure companies comply with resiliency plans. But Newsom vetoed AB-1826 to update the state’s 2006 video franchise law, the Digital Infrastructure and Video Competition Act. It would have increased DIVCA fines for service-quality problems and sought increased participation from the public and its advocates in the franchise renewal process. Newsom had also vetoed a 2023 version of the bill (see 2310120008). “Unfortunately, this bill, like its predecessor, falls short of addressing the broader challenges we face in closing the Digital Divide,” said Newsom in his veto message. On privacy, Newsom approved AB-1008, which clarifies that personal information under the California Consumer Privacy Act (CCPA) can exist in different formats. Also, he signed SB-1223, which amends the CCPA to include “neural data” as a type of sensitive personal information. The governor signed AB-1282, which orders a study on mental health risks of social media for children. And he approved SB-1283, which will require that schools adopt limits or bans on student use of smartphones to keep kids off social platforms when on campus. Also, Newsom signed AB-2481, which will create a mechanism for people who report threatening content on social networks. And he approved SB-1504, which tightens a cyberbullying law that requires social platforms to have reporting mechanisms. But Newsom vetoed AB-1949, which sets stricter limits on sharing children’s personal data under the CCPA. “This bill would fundamentally alter the structure of the CCPA to require businesses, at the point of collection, to distinguish between consumers who are adults and minors,” he said in a veto statement. “I am concerned that making such a significant change to the CCPA would have unanticipated and potentially adverse effects on how businesses and consumers interact with each other, with unclear effects on children's privacy.”
Lumen’s CenturyLink asked the Minnesota Public Utilities Commission to reconsider an order finding that the telecom company violated Minnesota service quality rules. Earlier this year, the Minnesota PUC decided that the company must quickly rehabilitate its network statewide (see 2406200036). The company on Friday filed a petition for rehearing, reconsideration and clarification (docket C-20-432). Lumen said the order contained legal errors and the record did not support many of its findings. However, the carrier said it “appreciates” service quality concerns about plain old telephone services and proposed an improvement plan. Adopting the plan, rather than leaving in place the order, “would allow all parties and the Commission to move forward to ensure the provision of safe and adequate telephone service in Minnesota, while also furthering the State’s ambitious broadband service goals.”
Comments will be due Oct. 10 on how California will treat VoIP providers going forward, the California Public Utilities Commission said. Replies will be due Oct. 15. Administrative Law Judge Camille Watts-Zagha extended the deadlines by one week in a Friday ruling (docket R.22-08-008). The CPUC’s proposed decision would say that interconnected VoIP providers are telephone corporations subject to the same laws and rules as other wireline and wireless telcos (see 2409130046).
A Pennsylvania bill reauthorizing the state’s call-before-you-dig law will go to the House floor. The House Consumer Protection Committee quickly and unanimously cleared the measure (HB-2189) without amendments during a livestreamed hearing Monday. Chairman Robert Matzie (D) indicated that the bill would likely be amended on the floor. At a hearing on HB-2189 earlier in September, Pennsylvania Public Utility Commission Chairman Stephen DeFrank said the expected influx of broadband work is a key reason for reauthorizing the law requiring excavators to call 811 before digging (see 2409170004).
The California Public Utilities Commission seeks comments by Oct. 29 on a staff proposal recommending a permanent intrastate rate cap for debit, prepaid and collect calls for incarcerated people's communications services (IPCS), said a ruling by Administrative Law Judge Robert Haga in docket R.20-10-002. The proposal would also make permanent the current cap on ancillary fees. In addition, staff recommended a process for periodic adjustments and a way for providers to seek changes “specific to their circumstances.” Replies will be due Nov. 19.
California and Oklahoma last week delivered more broadband grants funded by federal cash. The California Public Utilities Commission said it approved $172 million in grants for last-mile projects through its federal funding account. Award winners included local governments, AT&T and other private ISPs. The CPUC also approved volume 2 rules for NTIA’s broadband equity, access and deployment (BEAD) program (see 2409260066). Meanwhile, the Oklahoma Broadband Governing Board approved about $158 million in grants, including 50 grants for a dozen ISPs, the state broadband office said Thursday.
A 3-cent increase to Colorado’s 911 surcharge will fund resiliency projects for the state’s emergency number network, the Colorado Public Utilities Commission said Thursday. The surcharge increase takes effect Jan. 1 and will fund an estimated $4.6 million in PUC-approved projects, including building alternative fiber routes between network points, upgrading 911 call rerouting architecture, providing backup power for 911 infrastructure, replacing outdated network components and increasing local network redundancy to dozens of 911 centers, the state commission said. “These improvements will help safeguard access to emergency services, particularly during critical incidents across the state,” Commissioner Megan Gilman said.
The California Public Utilities Commission again delayed voting on allowing people without social security numbers to apply for state LifeLine support (docket R.20-02-008). Staff pushed the item to the Oct. 17 meeting, said a hold list released Tuesday. The CPUC postponed the vote twice before; it was originally on the Aug. 22 meeting’s agenda. The last revised draft responded to various privacy concerns (see 2409120047). The CPUC still plans to vote Thursday on federally funded last-mile broadband grants and adopting rules for NTIA’s broadband equity, access and deployment program.
Two consumer privacy organizations assembled a model privacy bill for states that includes a private right of action, making it unlike legislation in nearly all the 20 states that have comprehensive privacy laws. Basing their model bill on the Connecticut Data Privacy Act, Consumer Reports and the Electronic Privacy Information Center said the aim of the model bill is to fill “loopholes” in that measure. Industry likes -- and many state legislators are familiar with -- the Connecticut law, CR and EPIC said Tuesday. Notably, though the model bill has a private right of action, it's narrow and wouldn’t allow lawsuits against small businesses. Under the model bill, consumers could seek relief, including at least $5,000 in damages per violation, from larger companies. Moreover, the model bill provides enforcement by a state attorney general, district attorney or city corporation counsel, and the AG would have rulemaking authority. Most states with privacy bills allow AG enforcement only. The model bill calls for a 60-day right to cure for a limited time. Also, unlike the Connecticut law, the model bill requires data minimization, which limits the amount of data businesses collect from the start. In addition, the CR and EPIC model adds protections for children and sensitive data and clarifies advertising rules contained in the Connecticut bill. When considering specific industries like healthcare that federal privacy covers, the model bill makes exemptions based on the type of data, unlike the Connecticut law, which does so based on the type of entity. As in the Connecticut law, the CR/EPIC model supports browser-based, global opt-out mechanisms. “The State Data Privacy Act was developed in an effort to more meaningfully protect user privacy than we’ve seen in many state laws, while also retaining a format more familiar to state policymakers,” said Matt Schwartz, CR policy analyst. EPIC Deputy Director Catriona Fitzgerald added, “This proposal sets out rules allowing companies to collect and use data in ways consumers expect while putting a stop to the data abuses that happen outside of their view.” Public Knowledge, the Center for Democracy and Technology and the Public Interest Research Group support the model bill, CR and EPIC said. Fitzgerald emailed us Wednesday, "Our next step is to work to get folks [committed] to introduce it."
Cost remains an obstacle for 1.7 million New York state households to get broadband, said a New York Department of Public Service staff report Tuesday. And the end of the federal affordable connectivity program and litigation over the FCC’s reclassification of broadband and New York’s Affordable Broadband Act (see 2409160031) have complicated efforts to connect them, staff said. “To alleviate that uncertainty,” the department included in the report a list of low-cost plans available from ISPs.