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More CPUC Authority?

Pa. Senators Hope Fewer Rules Mean More Broadband

A Pennsylvania bill meant to spur broadband by waiving Public Utility Commission ILEC rules “is not full deregulation,” stressed sponsor and Senate Communications Committee Chair Kristin Phillips-Hill (R) at a livestreamed meeting. The panel voted 7-3 for SB-341 and the same for SB-442 ordering an inventory of state-owned broadband assets. Also Tuesday and in California, a Senate panel supported a bill to increase PUC authority to check if state video franchisees are deploying enough broadband.

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Pennsylvania SB-341 would streamline an “archaic” framework for landline providers by permanently waiving state regulations on ILEC tariff filings, paper billing fees and billing practice standards, said Phillips-Hill. The PUC would retain oversight of customer complaints, 911, relay services and USF, she said. It’s “not eliminating consumer protection or any mechanism for a consumer to file a complaint.” Despite having 9% share, landlines would still be regulated much more than wireless, she added. The bill would direct commissioners to review regulations every three years and remove rules no longer necessary or in the public interest, said the chair: It’s been more than 20 years since they last looked.

Minority Chair John Kane voted no, citing concerns about reducing oversight, accountability and consumer protection. The Democrat noted opposition by AARP and the Office of Consumer Advocate. The bill is unnecessary because the PUC has a proceeding to modernize telecom regulations, Kane said. “We should let the PUC finish a process they have started.” The commission’s Aug. 27 NPRM in docket L-2018-3001391 (see 2008270046) appeared in April 10’s Pennsylvania Bulletin, with comments due May 25.

It has been more than five years since the agency first proposed changes, with slow progress since, Phillips-Hill said. Sen. Anthony Williams (D) supported moving the bill out of committee to keep pushing the PUC. Don’t forget “that an urban member voted for” SB-442, a broadband inventory bill focused on unserved rural areas, Williams said later. Philadelphia has broadband gaps, too, he said. Phillips-Hill acknowledged the concern. “We look forward to moving legislation addressing broadband deserts in some of the most populated areas.”

In California, Sen. Anna Caballero (D) at first wanted to blow up state franchises established by the state’s 2006 Digital Infrastructure and Video Competition Act, she told the Senate Governmental Organization Committee at a livestreamed meeting. Others persuaded her to “get off the cliff and take the much more reasonable approach” of directing the CPUC to review whether “DIVCA franchisees are actually meeting the requirements that they agreed to 15 years ago,” she said.

Cities and counties negotiated franchises before DIVCA. SB-28 would require localities be consulted, Caballero said. The plan would direct CPUC and other agencies inventory infrastructure that could provide at least 100 Mbps download. The committee voted 11-0 for the bill.

The cable industry condemned SB-28 as an attempt to unlawfully expand state video franchising authority. The federal Communications Act doesn’t let states use franchise authority to spread broadband, said California Cable & Telecommunications Association President Carolyn McIntyre. SB-28 isn’t technology neutral and would deter investment, she added.

Broadband investment has gone only to high-profit markets during 15 years of DIVCA, said California State Association of Counties Legislative Representative Geoffrey Neill: SB-28 would require companies to live up to their promises.

An Arkansas broadband bill passed the House Advanced Communications Committee in a unanimous voice vote Tuesday. HB-1924 would expand upon HB-1788, passed last week by the legislature to establish broadband improvement districts where municipalities can partner with companies. HB-1924 would also allow partnerships between two public entities.