A Maine privacy bill with strict data minimization standards is moving to the final stages. The joint Judiciary Committee voted 7-1 Tuesday evening to say that the Democratic caucus’ LD-1977 “ought to pass,” while rejecting a Republican alternative (LD-1973). A nuanced exemption for broadband providers, currently in LD-1977, could mean that the proposed law would still apply to mobile services provided by a company that’s covered by the state’s 2019 ISP privacy law, two consumer privacy advocates said Wednesday.
Several industry groups, state officials and organizations raised concerns about a pending request for the FCC to grant a brief amnesty period for Rural Digital Opportunity Fund Phase I auction and Connect America Fund Phase II auction support recipients that are unable to fulfill their deployment obligations (see 2403060031). Groups urged the FCC in comments posted Wednesday in docket 19-126 to ensure providers that relinquish locations be prohibited from seeking support through NTIA's broadband, equity, access and deployment program for the same locations.
ACA Connects asked the FCC to grant smaller providers additional time to comply with certain requirements in its proposed rules reclassifying broadband as a Communications Act Title II telecom service. During a meeting with an aide to Commissioner Geoffrey Starks, the group sought six months for smaller providers "to analyze the impact" of Title II and any new net neutrality rules, "as well as assess the interaction of Title II and the digital discrimination rules and state requirements." In a separate letter to the commission, CTIA and USTelecom asked the FCC to classify domain name systems (DNS) and caching as information services under the Communications Act. DNS and caching "remain integral parts of providers’ BIAS offerings, making those offerings information services under the Communications Act," the groups said.
State enforcers of net neutrality report no legal actions against ISPs more than five years after the laws took effect. A Communications Daily public records request showed that Washington state’s attorney general's office received 21 complaints related to net neutrality since enacting its first law in March 2018, but most were resolved informally. Half the states with such laws told us they hadn’t received complaints.
USTelecom asked the FCC to ensure providers have flexibility to comply with any new call blocking rules (see 2309110060). The group told Consumer and Governmental Affairs Bureau staff that many providers rely on the USTelecom-led Industry Traceback Group's do-not-originate (ITG DNO) list and expanding the DNO requirement "could force providers to inefficiently allocate resources to measures that will not have the highest protective impact for their customers and networks," said a filing posted Wednesday in docket 17-59. USTelecom also warned "any signal from the commission" that the ITG DNO list doesn't meet a provider’s "applicable reasonable DNO requirement" would "call into question whether it makes sense for the ITG to continue to maintain its DNO list" and "whether providers could continue to rely on it."
Trade groups critical of the FCC’s digital discrimination order disagreed Wednesday with members of its Communications Equity and Diversity Council about the order’s breadth. The order “covers every aspect” of an ISP’s service and could lead to companies slowing the rollout of service in some communities to avoid the appearance of discrimination, said Diana Eisner, USTelecom vice president-policy and advocacy, at an FCBA CLE. “Given the scope of the problem,” it was appropriate for the FCC to create a rule that could tackle multiple forms of discrimination, said Leo Fitzpatrick, policy analyst at The Utility Reform Network and a former CEDC member.
The Advisory Council for Historic Preservation (ACHP) Thursday released an update to its 2017 program comment, aimed at speeding the approval of 5G and other deployments under Section 106 of the National Historic Preservation Act (NHPA). The agreement wraps in changes including those in the FCC’s 2020 order addressing equipment compound expansions as part of collocation (see 2010270043), industry officials said, noting it's largely an extension of prior decisions. The program comment also now applies to every federal agency, a change from the 2017 document. “The purpose of the amendment is to assist federal agencies in efficiently permitting and approving the deployment of wired and wireless next generation technologies of communications infrastructure, including 5G, to connect all communities with reliable, high-speed Internet,” the revised program comment says: “The Program Comment provides an alternative way for federal agencies to comply with Section 106 to take into account the effects of undertakings under its scope on historic properties and afford the ACHP a reasonable opportunity to comment on them.” ACHP notes the document comes as companies start to deploy broadband using $65 billion provided under the 2021 Infrastructure Investment and Jobs Act and was updated at the request of the NTIA. “All wireless deployments start with a permitting application, but too often our enhanced connectivity goals are quickly ensnared in red tape,” emailed Wireless Infrastructure Association President Patrick Halley. By amending the comment “to apply across the federal ecosystem, these agencies have taken a critical step today for increasing predictability in federal broadband permitting,” he said. The collaborative effort is “the kind of action we need to hasten broadband deployment by ensuring our permitting policies are more predictable, proportionate, and transparent across the board,” Halley said. “It’s crucial to speed up the permitting process and lower barriers to broadband buildout, especially as more federal deployment funding dollars start to flow,” said USTelecom President Jonathan Spalter.
Utility companies and some industry groups urged the FCC to maintain its current rules for pole attachment application processes, noting the commission recently adopted new rules to help facilitate the process to expedite and streamline broadband deployment. Some ISPs said process delays remain and backed FCC-established timelines for larger pole attachment orders. Reply comments were posted Thursday in docket 17-84 (see 2402140048).
Twenty industry and business groups, including CTIA, USTelecom and the U.S. Chamber of Commerce, seek expedited briefing and oral argument on their consolidated petitions for review challenging the lawfulness of the FCC’s Nov. 20 digital discrimination order (see 2402290002), said their motion Wednesday (docket 24-1183) in the 8th U.S. Circuit Court of Appeals.
FCC commissioners approved 5-0 a voluntary cyber trust mark program based on National Institute of Standards and Technology criteria during their open meeting Thursday. As expected, commissioners noted changes in the item since a draft circulated three weeks ago (see 2403130047). Also, as expected, the FCC will ask additional questions in a further notice about software and hardware from countries of national security concern and whether data from U.S. citizens will be stored abroad. The FCC was under pressure to make changes.